Private Laws of the State of North-Carolina, Passed by The

i!l Library of The University of North Carolina

COLLECTION OF NORTH CAROLINIANA

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http://www.archive.org/details/privatelawsofsta186465nor PRIVATE LAWS '•4

OF THE

STATE OF NORTH-GAROLIM,

PASSED BY THE

GENERAL ASSEMBLY,

AT ITS

REGULAR SESSION OF 1864-'65.

By order oftlie State Convention.

EALEIGH: CANNON & IIOLDEN, PRINTERS TO THE CONVENTION. 1 80r>.

PRIVATE LAWS

OF NORTH-CAROLINA, 1864-'65,

ACADEMIES.

AN ACT TO INCORPORATE LAPLACE HIGH SCHOOL. CAo/?. 1

the Body politic. Section 1. Be it enacted hy the General AssemUy of au- State of North- Carolina, and it is hereby enacted hy the thority of the same, That Joel Loftin, B. F. Cobb, D. K. Kornegay, A. S. Davis, John Southerland and R. W. Mil- lard be, and they are hereby declared to be, with their associates, successors and assigns, a body politic and corporate, by the name and style of " The Trustees of Laplace High School," and by the name and style aforesaid shall be for thirty years after the ratification of this act, a body corporate and politic, having the right to hold such real and personal estate as is needful for the purposes of the school, and generally to do such acts, and be subject to such duties and liabilities as by the law of this State apper- tain to corporations.— [ii^fl^'j^i^c? the '2Zrd day of Decem-

her, 1864.]

AN ACT TO INCORPOKATE OaiC-)RA COLLEGIATE INSTITUTE, IN Chap. 2. THE COCNTY OF ROBESON.

the Body politic Seotiom 1. Be it enacted hy the General AsseiMy of enacted hy the au- State of North Carolina, and it is hereby Neill A. thority of the same. That Robert S. French, Mc- 1864-'65. Chap. 2.

Lean, P. H. Scovell, Evander McNair, Haynes Lennonj Jesse G. Shepherd, Wiliiain A. Dick, J. J. D. Lucas, John W. Powell, Thomas A. Norment, Dugald C. Mclntjre, Os- car G. Parsly, Berry Goodwin, John S. Richardson, Rich- ard B. Gregory, John T. Pope, John R. Cartel*, AlvaSmith, Augustus W. Fuller, Joseph Thompson, Henry Nutt, Jas. Blount, William C. McNeill, David Townsend, Thaddeus N. Bond, Daniel L. Russell, John A. Maultsby, D: Rcid Parker, James T. Petteway, C. W. Wooley, B. W. Berry, Calvin Black, John A. Rowland, Giles Leitch, W. J. Par- ker, Thomas J. Morrisey, Joseph A. Parker, Duncan Smith, Benjamin Oliver, Giles Williams, and their successors, be, and they are hereby made, constituted and declared a body politic and corporate, in law and in fact, for the purpose of establishing iu the town of Lumberton, in the county of Robeson, a literary institution, to continue fcr thirty years, by the name and style of " Chicora Collegiate Institute," and by that name shall be capable to sue and be sued, plead and be impleaded in any court of law or equity, in this State, to possess, take hold, and enjoy goods, chatties, lands, tenements or hereditaments, estates of e^ery kind, whethe* real, personal or mixed Provided, the capif Powers. the same be ; tal stock shall not exceed one hundred thousand dollars; may have and use a common seal with power to alter the same.

By-laws and Sec. 2. Be it furtheT enacted. That the said trustees and OVdinanccs. their successors shall be, and they are hereby authorized and empowered to make, ordain and establish such by la™ or ordinances and regulations for the government of saif institute, as they may deem necessary, not inconsistent witk the constitution and laws of this State, or the Confederal* States, and also to bargain, sell, alien and convey any prop^ erty or estate, real, pe?sonal or mixed, owned by the corporation, and to vest in the purchaser' an indefeasible

title. Sec. 3. Be it further enacted, That tlie number of trus- If umber of Trustees. tees shall not exceed forty, and they shall have power to fill

all vacancies that may occur by death or otherwise ; any five of whom shall constitute a quorum for the transaction

of business : Provided, notice of all meetings shall be given

I 1864-'65. Chap. 2—8.

in some public journal circulated in the county for at least rive daj's.

8fx. -4. Be it further enacted^ That t^ie president and fac- Titles and nlry of " Chicora Collegiate Institute," with a quorum of

the trustees, shall have power and authority to confer lit-

ei :iiy titles and honors.

Sec. 5. Be it further enacted, That this act shall be in

force from and after its ratification. \_Ratijied the Ibth day of December^ 1861.]

AN ACT TO INCORPOKATE THE BINGHAM SCHOOL. Chap. 3.

Section 1. Be it enacted' hy the General Assemhly of the Body corpo- ^^ ^' State of North- Carolina, and it ts hereby enacted by the au- thorlty of the same. That William Bingham, and those who may be associated with him, be incorporated into a company under the name and style ol the " Bingham School," with the usual rights, powers, privileges and duties of such corporations, for the purpose of carrying on a military and classical academy.

Skc. 2. Be it further enacted, That the Governor shall be Superintcnd-

. . . , ent to be j , . , . 1 , , com- erapowered to grant a commission to the superintendent missioned. of the aforesaid military and classical school ; Provided^ the rank so conferred shall be no higlier than that of colo-

nel ; and that the Governor be empowered to grant com- mipsions to such other oflScers of the said school as may be recommended by the superintendent ; Provided, the rank

80 conferred shall be no higher than that of major ; and only such officers shall be recommended by the superintendent as are essential to the efficiency of said school.

Sec. 3. Be it further enacted. That officers commissioned Rank. as herein provided, shall take rank according to date of commission with officers in the line of the North-Carolina militia. {^Ratified the dih day of December^ 1864.] « 1864-'65. Chap. 4—5.

academy, chap. 4. an act in refeeenoe to the trustees of sardi8 in mecklenburg county.

Trustees au- SECTION 1. Be it enacted hy the General Assembly of the au- Sderny^''^^ State of North- Carolina, and it is hereby enacted ly the thority of the same. That the trustees of Sardis Academy, in the county ot Mecklenburg, be, and tliey are hereby authorized to sell the academy, and the land attached there- for to, and invest the proceeds of the sale in a new building the same purposes, on th» church lot. in Sec 2. Be it further enacted. That this act shall be force and effect from and after its ratification. {Ratified the 2d day of Becemher, 1864.]

the trustees of the WILSON ACAD- Chap. 5v ^^ ^CT TO incorporate EMY, in the county of CHATHAM.

Assembly thel Body politic. SECTION 1. Beit enacted hy the General of State of North- Carolina, and it is hereby macted by the authority of the same, That the Eev. J. C. Wilson, Asa Wilson,] J. A.Wilson, Silas Johnson, and A. C. Richardson, and their] successors be, and they are hereby constituted a body politic and corporate, to be known and distingushed by the name and style of the "Trustees of the Wilson Academy in the county of Chatham," and by that name shall have perpetual succession, and may acquire, hold and convey such property, real, personal and mixed, as may be necessary to ac- complish the purposes of the institution. Sec 2. Be it further enacted. That this act shall be in force from and after its ratification. iBatified the 7th day of December, 1864.] 1864-'65. Chaj'. 6—7. 7

BANKS.

AN ACT TO AMEND THE CHARTER OF THE MERCHANTB' BANK OF Clia'p. 6. NEW BERNE.

the General As.9emUy of the Skction 1. Be it enacted hy lf^^^''J^''^

au- changed to , State of North- Carolina, and it is hereby enacted hy the " thority of the same, That the act entitled, An act to re- charter the Merchants' Bank of New Berne," ratified the 22d day of January, 1851, be, and the same is hereby so amended that instead of nine, the number of directors of instead of five, not less said bank shall be seven ; and that than four directors shall constitute a board for the transaction of business, of whom the president shall always be one, except in the case and under the provisions specified in said act. Wheninforce. Sec. 2. Be it further enacted. That 'this act shall be in force, when the stockholders of said bank, in meeting assembled, agree thereto, and signify their assent in writing, duly authenticated, and deposited in the oflfice of the Secre- tary of State of this State. {Ratified the 23^^ day of De- cember, 1864.]

MINING AND MANUFACTURING COMPANIES.

AN ACT TO CHARTEEi THE OCKNOCK IRON COMPANY. Chap. 7.

Body politic. Section 1. Be it enacted hy the General Assembly of the State of North- Carolina, and it is hereby enacted hy th-.- authority of the same. That Charles B. Mallett, John Colville and Robert Henry, their associates, successors and assigns, be, and they are hereby created a corporation and body politic by the name and style of the " Ocknock Iron Com-

pany," and by that name and style may sue and be sued, powers, plead and be impleaded, contract and be contracted with, have succession, and a common seal, acquire and possess real and personal estate of sufticient amount to carry on the legitimate operation of said corporation, and no more. si^^es* Sec. 2. Be it further enacted, That the capital stock of 1864-'65. Chap. Y—8.

said corporation shall be two hundred and fifty thousand dollars, divided into shares of one hundred dollars each, with the privilege of increasing the same to one million of dollars.

Business of Sec. 3. And he it further enacted^ That the business of Corporation. said corporation shall be that of mining iron, coal, and other minerals and metals, and of manufacturing the. same on Buckhorn Falls, and may also erect other mills and factories, as said corporation may determine, and also to transport and vend the products of said mines and manufactories.

Sec. 4. Be it further enacted, That this act shall be in force trom and after its ratitieation. {Ratified the 15th day of December, 1864.]

Cha/p. 8. AN ACT TO INCORPOEATE THE FATETTEVIIXE ENTERPEI3E COT- TON FACTORY.

Body politic. Section 1. Be it enacted hy the General Assemhly of the State of North- (jarolina, and it is hereby enacted by the authority of the same, That George Brandt, and such others as he may choose to associate with him, his associates, successors and assigns, be, and they are hereby created and constituted a body politic and corporate, by the name and style of the " Fayetteville Enterprise Cotton Factory," and as such shall have succession and a common seal, and change the same at pleasure, may sue and be sued, plead

and be impleaded in any court of law and equity ; shall have Powers. 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 all the rights and privileges of a body corporate, necessary or requisite to carry on the business of manufacturing cotton into cotton yarn, or cotton cloth, manufacturing, transporting and vending the same. Shares. Sec. 2. Be it further enacted, That the capital stock of said company may bo divided into shares of one hundred ISe-t-'eS. Chap. 8—9- 9 dollars each, and that the capital stock of said company may be one hundred thousand dollars, with the privilege of increasing the same to one hundred and fifty thousand dollars, or of decreasing the same, as may be deemed expe-

dient or necessary ; that said shares shall be ]iersonal property, and certificates thereof may issue, and the same may be transferred on the books of the company onl}', and bo liable to assessment, forfeiture and sale, in such manner as the by-laws of said corporation may prescribe ; and the affairs of said company may be managed by a president, or by a president and board of directors, as the stockholder or jjana^pmcnt stockholders may deem best, and in all questions and in all of aiiairs. matters touching the management of the afliairs of said

company, a majority of the stock shall govern ; said corporation shall also have the power to purchase, exchange for and sell and dispose of any goods, wares and merchandise, purcl^ase, lease, hold, convey and dispose of any stocks or estate, real and personal, necessary to carry on the legitimate operation of said company, and no more. Sec. 3. Beit further enacted. That general meetings of General mcet- the stockholders may be called and held as the by-laws may prescribe ; that to constitute a meeting all that is required is a majority of the stock, each share of which shall entitle the holder to one vote, and every act shall require a majority of the votes present.

bEC. 4. Be it further enacted^ That this act shall be in force, to take efi'ect from and nfterits ratification, and shall continue in force for a period of thirty years. {Ratified the loth day of December^ 1861.]

AN ACT TO INCORPORATE THE FAYETTEVILLE NORTH-CAROLINA Chap. 9. IKON W0KK3.

Section 1. Be it enacted hy the General AssemMy of the Body politic. State of North- Carolina^ and it is hereby enacted by the au- ihority of the same^ That William McL. McKay, and such other persons as he may associate with him, their associates, successors and assigns be, and they are hereby created mm-ik and constituted a body politic and corporate, by the name 10 1864:.-'65. Chap. 9.

and style of the "Fayetteville North-Carolina Iron Works;" and as such shall have perpetual succession, and may have Powers. at and use a common seal, and change the same pleasure ; may sue and be sued, plead and be impleaded in any court

of law and equit}' ; 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, all the rights and privileges of a body corporate, necessary or requisite to carry on the business of exploring and mining iron ore and other min-erals, smelting and manufacturing the same into plows, hollow ware, shot, shell, railroad wheels, railroad or bar iron, transporting and vending the same; and shall also have power to purchase, lease, hold, convey and dispose of any estate, real or personal, of suf-

ficient quantify to carry on the above named work ; said company shall also have the power and authority to build and construct any furnace, foundry, rolling mill, grist or flouring mill, as to them may seem advisable.

Shares. Sec. 2. Be it fuither enacted^ That the capital stock of said company may be divided into shares of one hundred dollars each, and that the capital stock of said company shall not exceed two hundred and fifty thousand dollars, ($250,000,) that said shares shall be personal property, and that certificates thereof may be issued, which shares shall be transferable only on the books of the company, and that the same may be made liable to assessment, forfeiture and sale by the board of directprs, in such manner as the b}''- laws of said corporation may prescribe.

Management Sec. 3. Be it further enacted^ That the affairs of said of afiFairs. company shall be managed by k president and board of

directors ; said board of directors shall be composed of such members, and elected by the stockholders in such manner as the by-laws shall direct, and who shall appoint one of their number president of the board and of the company. The board of directors shall also appoint some suitable person secretary and treasurer of th3 company.

General meet- Sec. 4. Be it further enacted^ That the general meetings insi;. of the stockholders may be called and held as the by-laws lS64-'65. Chap. 9—10. 11

there must be may prescribe ; that to constitute a meeting present, in person or by proxy, (tlie proxy being a stockholder,) a number holding a majority of tlie stock, each share of which shall entitle the holder to one vote, and every act shall require the sanction of a majority of the votes present.

Sec. 5. Be it further evaded,. That this act shall take effect, and be in force from and after its passage, and shall continue in force for the period of thirty years. [^Ratified the loth day of December^ 1864.]

AN ACT TO INCORPORATE THE COTvFRDKKATE COTTON AND Chap. 10. WOOLEN MILLS, IN THE COUNTY OF RICHMOND.

Body politic. Section 1. Be it enacted hy the General Assembly of the State of North-Carolina, and it is hereby enacted hy the authority of the same, That Walter F. Leak, John W. Leak, Edmund J. Lilly, Henry Lilly, and their successors, associates and assigns, be, and they are hereby created a corporation and body politic, in law and in fact, by the name and style of " The Confederate Cotton and Woolen Mills," for the purpose of manufacturing cotton, wool, grain, and all other articles whatsoever, at or near the town of Eock- ingham, in the county of Richmond; and by that name and style, may sue and be sued, plead and be impleaded in any court of record, contract and be contracted with, have and a common seal, and acquire, perpetual succession p^^^.^.^ possess, and enjoy and retain real and personal estate, and also goods and mercliandise, to enable them to ca.ry on their business with advantage and profit; and shall so continue for the term of thirty years from and after the ratification of this act. By-laws, Sec 2. Be it further enacted^ That said corporation shall have po»vertomake all necessary by-laws and regulations, not inconsistent with the laws and constitution of this State,

for its good government, and to appoint olficers and agents to transact their bui^iness and conduct their operations. ^^^^^ Skc. 3. Be it further enacted, That the capital stock of said company shall be seventy-five thousand dollars, in 12 18o-i-'65. -Chap. 10.

shares of one Imndred dollars each ; and the stockholders, or a majority of them in interest may, from time to time, and at any time enlarge the capital stock of said company, by selling shares therein, at such times and in such manner, to such an amount and at such prices, as they, in general meeting may direct, until the capital shall amount to one

hundred and fifty thousand dollars ; and upon such additional

stock being taken, the owners thereof shall, to all intents and purposes, be members of said company hereby incorporated, and have equal powers and privileges with the original stockholders, and the stockholders shall have power to sell, alien, and convey any part of their real estate. Annual meet- Sec. 4. Be it further enacted^ That said company shall hold their annual meetings at such times and place as the stockholders in their by-laws may designate, at which time and place the proper officers and agents shall be appointed ; and the president may call a meeting of the stockholders, whenever in his judgment the business of the concern may

require it ; and in all meetings of the corporation the stockholders, in person or by proxy, shall each be entitled to one vote for every share of stock owned by him.

Record book Sec. 5. Be it further enacted^ That it shall be the duty eliall be kept. of said corporation to keep a full and fair record of their proceedings in a book or books provided for that purpose, and shall produce the same in any court of record, when required by said court.

Dividends. Sec. 6. Be it further enacted^ That said corporation shall have power from time tojime, in general meeting to declare dividends of the nett profits.

Transfer of Sec. 7. Be it further enacted^ That the stockholders in stock. general meeting shall have power to adopt such rules and regulations, with regard to certificates of stock, and the transfer and payment thereof, as they may think necessary.

Sale of stock. Seo. 8. Be it further enacted^ That whenever any of the stockholders in said corporation, shall sell or assign over their shares of stock respectively held by them, and thereby cease to be stockholders, they shall cease to be members of the company, as to all future operations and transactions ; and the purchasers or assigns of said stock shall be entitled 1864-'65. Chap. 10—11.

liabilities of the for- to all the rights and subject to all the mer owners. shall in Sec. 9. Be it further eixaded, That this act be force from and after its ratification. ^Ratified the 'lOih day (f December^ 1864.]

AN ACT TO INCOKPORATE THE CAYANAH BUTTON FACTORY AND C'Aaj). H. MACHINE SHOPS.

the Body politic. Section 1. Be it enacted hy the General Assembly of | au- State of North-Carolina, and it is hereby enacted%y the P. Jones, thority of the same. That Frank P. Cavanah, E. Cjrus P. Mendenhall, Nathan Iliatt, Emsly Armfield, Dndley Nichols, W. C. A. Fririck, Duncan A. McRae, same their associates, successors and assigns, be, and the are hereby created and constituted a body 'politic and cor- " porate, by the name and style of the Cavanah Button Company," and as such, shall have succession, and may seal and change the same at pleas- have and use a common ^^^^^^^ in any court nre, sue an(i be sued, plead and be impleaded by-laws and of law or equity, have power to make all such laws rci-ulalions, not inconsistent with the constitution and as oflhis State, or of the Confederate States of America, may be deemed necessary for the government of said company, which shall be binding thereon, and shall have, exercise and enjoy all the rights and privileges of a body corporate, necessary to carry out the purposes for which manufacture of said company may be authorized, viz. : the machinery of various kinds and descriptions, manufacture of and of buttons, of the various sizes and i)atterns, out any buttons. all material suitable for the manufacture of stock of Si'arc?. Skc. 2. Be it further enacted, That the capital the company shall not exceed two millions of dollars, divided into shares of five hundred dollars each. affairs of the Skc. 3. Be it further enacted, That the J^'^K^.;;;^»f company shall be managed and controlled by such otticers and directors as may be agreed upon by the company at entitled to one vote their first meeting ; each share shall be ; u 1861-'65. Chap. 11—12.

the officers to be elected by ballot annually, but to remain in office until others may be appointed. Real and pcr- Sec. 4. Be it further eiiacted, That the said company boual estate. shall have power to purchase, lease, or otherwise procure ail property and estate, both real and peisonal, which may be necessary and projier to carry out the purposes of said

corporation ; and that this act ahall be in force from and

after its ratification. \_RatiJied the '2,\st day of December^ 1864.]

Chap. 12. AN ACT TO INOOKPOKATE THE LINVILLE &TEEL AND IBON COMPANY.

Body politic. Section 1. Be it enacted hy the Oeneral Assemhly of the State cf North- Carolina^ and it is hereby enacted hy the authority of the same, That T. D. Carter, E. P. Jones, Cyrus P. Mendenhall, Milton English, Alexander Erwin, B. Moore and A. J. McAlpin, 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 "Lin-

vilie Steel andiron Company," and as such, shall have i^uc- cessiou, and may have and use a couiinon seal, and change the same at pleasure, sue and be sued, plead and be impleaded in any court of law or equity, have power to make

all such by-laws and regulations, not inconsistent with the constitution and laws of this State, or of the Cenfederate Powers. 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 pur-

poses for which said company be organized, viz : the manufacture of steel, iron, implements, machinery and cutlery. Shares, Sec. 2. Be it further enacted^ That the capital stock of the company shall not exceed live millions of dollars, divided into shares of five hundred dollars each.

Management Sec. 3. Be it further enacted. Thai the affairs of the com- of affairs. pany shall be managed and coucrolled by such oflficers and directors as may be agreed upon by the company, at their

first meeting, each share being entitled to one vote ; the lS64-'65. Chap. 12-13. 1^ officers to be elected l)y ballot, annnallj, but to remain in ottice until others may be appointed. 4. Be it further enacted, That the said company Seo f^'=^J[j^°j}X.'^' shall have power to purchase, lease, or otherwise prochre

all property and estate, both real and poj-sonal, which may be necessary and proper to carry out the purpose of said in force from and corporation ; and that this act shall be after its ratification. [Ratified the ^Oih day of December, lS6i.]

AN ACT TO INCORPORATE THE CRANBCET IRON W0KK3. Chap. 13.

Section 1. Be it enacted hy the General Assembly of the Body politic. State of North- Carolina, and it is hereby enacted by the authority of the sam,e, That E. P. Jones, Cyrus P Men- denhall, T. D. Carter, Dudley Nichols, A. P. Brenizer and

J. Harden, their associates, successors and assigns, be, and the same are created and constituted a body politic and corporate, by the name and style of the "Cranbury Iron Com- pany," and as such, shall have succession, and may have and use a common seal, and change the same at pleasure, sue and be sued, plead and be impleaded in any court of law

and equity, have power to make all such by-laws and regu- powers, lations, not inconsistent with the constitution and laws of this State, or of 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 for which said company may be organized, viz: the manufacture of Iron. Skc. 2. Be it further enacted. That the capital stock of shares, the company shall not exceed two millions of dollars, divided into shares of five hundred dollars each. Skc. 3. Be itftirther enacted, That the affairs of the com- Manniicmcnt

*^ '^ '^^ pany shall be managed and controlled by such officers and • directors as may be agreed upon by the company at their first meeting, each share being entitled to one vote. The officers to be elected by ballot annually, but to remain iu office until others may be appointed. 1864-'65. CflAP. 13—14.

Real and per^ Sec. 4, Be it further enacted^ That the said company Koniil estate. shall have power to purchase, lease, or otherwise procure

all property and estate, both real and personal, which may be necessary and proper to carry out the purposes of said corporation, and that this act shall be in force from and after its ratification. {^Ratified the ^Oth day of Deoember, 1864.]

Chaj). 14. AN ACT TO INCCEPORATE THE GORGAS MINING AND MANUFAC- TUEING COMPANY.

Body politic. Sec. 1. Be it enacted hy the Genercd Assembly of the State of No7dh- Carolina^ and it is hereby enacted by the authority of the same, That for the purpose of carrying on 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

authorized to be called the •' Gorgas Mining and Manufac- turing CompauY," and when formed in compliance with the conditions hereinafter prescribed, to have a corporate existence as a body politic for thirty years. Commission- Sec. 2. Be it further enacted^ That for the purpose of ers. creating the capital of said company, the following persons, any three of whom shall be a quorum to do business, are

appointed commissioners : George Little, P. A. Dunn, Wm. Brodie, P. T. Norwood, T. D. Hogg, W. J. Ashe, J, Worth, W. S. Donner, P. A. Wiley, whose duty it shall be to direct the opening of books of subscription of stock, at such times and places, and by such persons as they (or a quorum of shall have power to Powers. them) may deem proper ; and they

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 recovered by them. Sec. 3. Be it further enacted. That whenever the sum of 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 ; and as such, shall have succession, and may have and use a

common seal, and change the same at pleasure ; may sue and be sued, plead and be impleaded in any court of law i864-'65. Chap. 14. 17

and eqnitj ; shall have power to make all such by-laws and regultitions, (not inconsistent with the existing laws and constitution of this State,) as may be deemed necessary for the government of said company, whicli shall be binding there-

on ; and shall have, exercise and enjoy all the rights and privileges of a body corporate, necessary or requisite to carry on the business of exploring and mining coals, iron ores, copper ore.3, and a'l otlier minerals, and smelting, manufacturing, transporting and vending the same, and the products thereof, and of establishing and working foundries, rolling mills and other manufactories of metallic labrics, and of transporting and vending their products; and shaU have power to pul-chase, lease, hold, convey and dispose of Proviso. iiny estate, real knd personal : Provided^ That said cor- |3oration shall at no time hold more than twenty thousand acres of laud. Said company shall have also the right, po A'er and authority, to build and construct roads and ways, wliether 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, mills, foundries and factories of iron, coke, coal, ores, minerals, raetais 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 needful for the suppy of water to their furnaces, mills, foundries and factories, the transportation of Cv:al, ores or materials and supplies as aforesaid, and the drainage of their mines; and such roads, canals and drains shall be open to the use of the public upon the payment of sncli reasonable tolls and compensation, and subject to such rules and regulations as said corporation may by t'.ieir by-laws establish : Provided^ That neither of the said Proviso. railroads, tram road, turnpike roads or canals shall be over twenty miles in length.

Sku. -i. Be it further enacted, That when any lands or Ri^iits of way. nhts of way may be required by said company for con- H ucling said roads, canals or drains, and for want of agreement as to the value thereof, or fur any other cause, tiio same cannot be purchased of the owner or owners, the same may be taken and the value thereof ascertained as follows, viz : on application by the company or owner to any justice 18 18C4-'6o. Chap. 14.

of the peace of the covinty where said laud or right of way

may be situated, it sliall be his duty to issne his warrant to tlie sheriff of the county to summon a jury of at least five free^iolders to meet on the land on a day expressed in said warrant, not less than iivenor more thaii twenty days there-

after ; and the sheriff or his deputy on the receipt of snch 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 nestion. The proceedings of such persons accompanied by of the lands or right of way sliall be returned a deb^^'P^'^^ ^^^ hands and seals, or a majority of them, by the under tli clerk of the county court, there to remain a sheriff to the

,' a«ti on the payment of said valuation, matter of recoru '^'^''^^^ ^^"^ ^^^^ office of said clerk, the land • *f pfused its de valu.-'d shall rest in said company, so long or ^'io-ht of way so i^r the purpose of said road, canal as.tlS same shall be used the location of savd road, eanal or or drain-, Promded, That ProTisos, graveyard, hoHse, hoBse- drain shall oot interfere with any consent of the owner thereof ? U or garden without the land shall be condemned ProvidedJurther, That no more than thirty feet in Width on eitheir the purpose aforesaid, for dram And, of .aid road, canal or : Bide, from the centre owner, or the comp^rj shall 1 VTomdedfuTihef, That if such of said jurors, either ^^n^^^ be dissatisfied with the valua^.iou court of the may have an appeal to the county or superior but such appeal shal not county in which the land lie..; enjoyment of the said right ot delay or interrupt the use or way"by said company. , , u shall ' enaeied. That the capital stock Shares, Sec. 5. Be it further hundred dollars each said be divided into shares of one ; and certificates thereof shares shall be personal property, and assignable, as may be issued, and made transferable may be prescribed in the by-laws of the corporation. enacted, That it shall be the duty Dxity of com- Sec. «. Be it further missionex's. named in this act, or a quorum of of the commissioners one hundred thousand dollars them, as soon as the sum of manner aforesaid, to give public no- shall 'be subscribed in the same time call a general meeting tice thereof, and at giving at kast five d^ys' notice of the of the stockholderrs, lS64-'65. Chap. 14. 19 time and place of meeting; a majority of the stock being represented by person or proxy, shall proceed to elect seven directors, who shall have povv'er to appoint any officers they ma}' deem proper for carrjnng on the business of the corporation, and prescribe their duties and compensation, and term of service; perform^ all duties necessary in the government 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 till any vacancies 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 any election, the corporation shall not thereby be dissolved, but the officers formerly elected shall continue in office until a new election takes place.

Sec. T. Be it further enacted, Th.at tlie election of offi- "^^'"•^s- 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 upon all votes taken at any meeting of the stockholders upon auj' by-laws, or upon an}^ afl'tiirs ot the company, each share of stock shall be entitled to one vote, to be represented in person or by proxy.

Skc. 8. Be it farther enacted. That tiie board of directors Failure to in\y may call for the sums subscribed as stock in said company, stockhoJdire. in such instalments as the interest of said company may, in their opinion, reqr.irc, and on failure of any stockliolder to pay such instalment as required, the directors may sell, at public auction, on a ])revi(;U3 notice of ten daj's, for cash, all the stock subscribed tor in said company by such stockliolder, and convey the same to such purchaser at such sale; and if the sale does nut produce a snllicient sum to pay off the incidental expenses of the sale and the entire amount owing by such stockholder for his subscription, 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 said company, by action of assumpsit in any court of competent jurisdiction, or by warrant before a justice of the peace, when the sum does not exceed one hundred dollars; and in all cases of assignments of stock be- 20 1864--'65. Chap. 14—15.

fore tlie who?e 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 company, and the sums due may be recovered as above described.

Sec. 9. Be it further enacted., That any corporation may subscribe to the capital stock of said company. Sec. 10. Se it further enacted, Ihat this act shall be in force from and after its ratification. \_Iiatified the 20ih day of December, It. 64.

Chap, 15. AN ACT TO INCOEPOKATE TUP: LEP.OYTON MINING AND MANU- FACTUjKING COMPANY.

Body politic. SECTION 1. Be it er.actcd hy the General Assemhly of the State of North- Carolina, and it is hertby enacted hy the authority of the same, That for the purpose of carrying on the business of mining and manufacturing, tlic formation of a corporate company, with a capital stock of two millions

of dollars, in shares of one hundred dollars each, is hereby authorized, to be called the " Loroytou Mining and Manu- facturiiig Com.pany," and when formed in compliance with the conditions hereinafter prescribed, to have a corporat;e existence as a body politic for thirty years.

Cnniniissiou- g^c. 2. Be it further enacted. That for the purpose of (.'!•.< creating the capital of said company, the following persons, any three of whom shall be a quorum to do business, are

appointed commissioners : V/. J. Hawkins, E. Bryai , I. K. Clegg, J. M. Heck, R. W. Haywood, B. P. Williamson, K. r. Battle, S. H. Eogers, whose duty it shall be to direct the opening of books ol subscription of stock, at such times and places, anil l)y sucli 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

tt) sue for and recover all sums of money that ought, under this act, to be recovered by them. Sec. 3. Be it further enacted., That whenever the sum of one hundred thousand dollars shall be subscribed to the capital stock, the subscribers and their assigns shall be, and ;

1864-'65. CH.iP. 15. 21

thej are hereby declared incorporated into a company ; and as such shall have succession, and may have and use P^^vcrs.

a common seal, and change the same at pleasure ; may sue and be sued, plead and be impleaded in any co.irt of law

and equity ; shall have power to make all sucli 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 bindirg

thereon ; and shall have, exercise and enjoy all the rights and privileges of a body corporate, necessary or requisite to caiTy on the business of exploring and mining coals, iron ores, copper ores, and all other minerals, and smelting, manufacturing, transporting and vending the same and the products thereof, and of establishing and working foundries, rolling mills and other manufactories of metallic fabrics, and of transporting and vending their products and shall have power to purchase, lease, hold, convey and

dispose of any estate, real and personal ; Provided^ That Proviso, said corporation shall at no time hold more than twenty

thousand acres of land ; said company shall have also the right, power and authority to build and construct roads and ways, whether tram, plank, rail road or turnpike, and to change the same as to them may seem advisable, for the transportation to, from or between their mines, furnaces, 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 needful for the supply of water to their furnaces, mills, foundries and factories, the transportation of coal, ores or materials and supplies

as aforesaid, and the drainage of their mines ; and such roads, canals and drains shall be open to the use of the public, upon the payment of such reasonable tolls and compensation, and subject to such rules an^ regulations as said

corporation may, by their by-laws establish ; Provided^ ProvMo. That neither of the said rail roads, tram roads, turnpike roads or canals shall be over twenty miles in length.

Skc. 4. Be it further enacted^ That when any lands or Right of way. rights of way may l>e required by said company for con- structing said roads, canals or drains, and for want of 1864-'65.-— CflAP. 15.

agreement as 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 vahie thereof ascertained as follows, viz.: on apphcation by the company or owner to any justice of the peace of the county where said land or right of way may be situated, it shall be his duty to issue his warrant to the sheriff of the county to summons a jury of at least five freeholders, 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 (juch warrant, shall summon the jury, and when met shall administer an oath or athrmation 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, accompanied by a description of the lands or right of way, shall be returned under their hands and seals, or a majority of them, by the sheriff" to the clerk of

the county court, there to remain a matter of record ; and on the payment of said valuation, or if refused its deposit in the office of said clerk, the land or right of way so valued shall vest in said company, 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 graveyard, 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 centre of said road, canal or drain; And^ providedfurther^ That if such owner, or the company, shall be dissatisfied with the valuation of said jurors, either partj^ 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 be divided into shares of on» hundred dollars each, said shares shall be personal property, and certificates thereof may be issued, and made transferable and assignable as may be prescribed in the by-laws of the corporation. l864-'65. Cha^. 15. 23

General meet- Sec. 6'.- Be it further enacted, That it shall be the duty of 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 notice thereof, and at the same time call a general meeting of the stockholders, giving at least live days' notice of the time and place of meeting; a majority of the stock being represented by person or proxy, shall proceed to elect seven directors, who shall have power to appoint any officers they may deem proper foz* carrying on the business of the corporation, and prescribe their duties and compensation, and term of service; perform all duties necessary in the government of the corporation, and 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 till any vacancies occurring in their body ; at that meeting the stockjiolders 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 any election, the corporation shall not thereby be dissolved, but the officers formerl}'' elected shall continue in office until a new election takes place.

Sec. 7. Be it farther enacted^ That the election of officers Election of omcers. 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 upon all votes taken at any meeting of the stockholders upon any by-laws, or any affairs of the company, each share of stock shall be entitled to one vote, to be represented in person or by proxy. Sub>oriptonto Sec. 8. Be it further enacted, That the board of directors ' capital stock. may call for the sums subscribed as stock in said company, in such instalments as the interests of said company may,

in their opinion, require ; and on failure of any stockholder to pay such instalment as required, tlie directors may sell at public auction, on a previous notice of ten days, for cash, all the stock subscribed for in said company, by such stock-' holders, and convey the same to such purchaser at such tale ; and if the sale does not produce a sufficient &am to pay off the incidental expenses of the sale and the entire amount owijig by such stockholder for his subscription, then ' 24: 1364-^66. Chap. 15—16.

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 in any court of competent jurisdiction, or by warrant before a justice of the peace, when the sura does not exceed one

hundred dollars ; and in all cases of assignments of stock before the whole amount has been paid to the company, ^then for all sums due on such stock, the original sub-

scribers, and the first, and all subsequent assignees, shall be liable to the company, and the sums due, may be recovered as above described. Sec. 9. Be it further enacted^ That any corporation may subscribe to the capital stock of said company, Sko. 10. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the 2{)th day of JDecember^ 1864.]

{/hap. 16. AN ACT TO mCOKPOKATE THE JAMESTOWN COTTON MILLS.

;Body politic. SECTION 1. Be it enacted hy the General AssemUy of the State of North- Carolina, and it is hereby enacted hy the authority of the same., That Cyrus P. Mendenhall, E. P. Jones, Grafton Gardner, Duncan A. McRae, T. T. Brooks, Z. W. Pickerell, Adolphus E. Stanly, James Fit^patrick aq4 'Thomas A. Hardy, 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 " James- town Cotton Mills," and as such have succession, and may have and use a common seal and change the same at pleas-

ure ; sue and be sued, plead and be impleaded in any court

Powers, ' of law or equity ; have power to make all such by-laws and ^J'egtilations not inconsistent with the constitution and laws of this State or the Confederate States of America, as may be deemed necessary for the government of said corpora^

l^^'on, which shall be binding thereon ; and shall have, exer- all the rights pjgg and enjoy and privileges of a body cor- H^'^"S^^''y to carry out the purposes for porate which said company ^^ organized, viz: the TOaiiufacture of evwy :''^^»^^^^®' variety of CO lS6:t-'G5.— Chap. 16-17. 25

Sec. 2. Be it further' enacted^ That the capital stock of lije company shall not exceed two millions of dollars, divided into shares of five hundred dollars each.

Sec. 3. Be it further enacted, That the affairs of the com Capital stoaic. such otBcers and panv shall be managed and controlled by , directors as may be agreed upon by the company at their first meeting, each share being entitled to one vote, the oSicers to be elected by ballot annually, but to remain in office until others may be aj)poiiiied.

Sec. 4. Be it further enacted. That the said company Real and per-

• soual cbtiite. 11,, 1 , , 11 shall have power to purchase, lease or otlierwisc procure all property and estate, both real and personal which may be necessary to carry out the purpose of said corporation, and that this act shall be in force from and after its ratification"

{^Ratified the ^\st day of Decem/JCT^ i'i J . <^i^^i

AN ACT TO INCEEASE THE CAPITAL STOCK OF THE SAPONA IRON Cha2?. 17. COMPANY.

Section 1. Be it enacted hy the General AssewMy of the Not to exceed '^^" State of North- Carolina^ and it is hereby enacted hy the au- * ' thority of the same, That the third section of an ordinance of the Convention of North-Carolina, incorporating the Sapona Iron Company, ratified the 9th day of May, 18G2, be and the same is hereby amended, so as to authorize and empower said Sapona Iron Company to increase the capital stock of said company over the amount named in said ordinance of incorporation, as the increase and extension of the works may seem to them to require, bat not to exceed in all the sum of three millions of dollars. Sec. 2, Be it further enacted, That this act shall be in force from and after its ratification. [Eat fed the 20^A day of Vecemler^ 186i.] 26 1864^'65. Chap. 18.

cha'p. 18. an act to incorpokate the north- carolina company of chemists.

Bodycorpo- SECTION 1. Be it enacted lij the General Assemlhj of the State of North-Carolma, and it is herely enacted ly the authority of the same, Tliat Washington C. Kerr, Edward Warren, their associates and successors, be and they are hereby constituted a body corporate and poh'tic, with a capital of two hundred and fifty thousand dollars, in twenty-five hundred shares of one hundred dollars each, under the name and stylo of the North-Carolina Company of Chemists,

^^^- ^- farther enacted. That said aut staltait ^^ H company be au- works. thorized to receive from the salt commissioner and salt agent, at their respective works, all such residual and waste material as it may deem important for its purposes, and said agent and commissioner are hereby directed to de- Proviso, liver said material to it : Provided, That all trouble and expense in storing and transporting the same shall be as- sumed by said company. Purchase or Sec. 3. Be it farther enacted. That said comp-any may lease of lands, • i i ,. \ -> , . , . &c. agree with the owners of any land, upon which it may erect tlio works herein contemplated, for the purchase or lease of said land, and also for the purchase of the right of

way to and from said works ; and in case of disagreement with the owners of such land, or if the owners be femes covert, of unsound mind, under age, or out of the iState, said company, (upon giving five days' notice to the owner, if he be a citizen of this State,) may apply to any

justice of the peace for the county in which the land is situated, who shall thereupon issue his warrant to the sher--

iff, or any other lawful officer of said county, to sun^mon five freeholders to meet upon the land to be valued, on a day to be expressed in such warrant, which shall he

within ten days from the issuing thereof ; and the sherifl or other officer, upon the receipt of such warrant, shall summon such freeholders accordingly, and when met he shall administer an oath to them that they will impartially estimate the value of such land, or other property r^T quired ae aforesaid, as may be needed l?y said pompanj iox 1864-'65. Chap. 18.

the use of such works; and their jiroceeding shall be reduced to writing, under their hands and seals, and returned by the officer to the next superior court of law for the county in which the land, or other property, is

located ; but if either the company or the owner of tha land be dissatisfied with the assessment of the freeholders,, either party may appeal to the same term of the court to-

which the return is directed to be made, and have his ap-

peal entered at that term ; but such appeal shall in no way hinder or delay the operations of said company; and when-

ever such value shall be ascertained, it shall be paid by the company: Provided^ That whenever such land, or other P'oviso.

• property, is owned wliolly or in part by a citizen of this State, the company shall not commence its operations until

it shall have paid or secured whatever sum may have been Proviso. assessed by the jury hereinbefore described : Provided aho^ That such sura shall be deemed for this purpose as suffici- ently secured when deposited in the office of the clerk of said superior court, who is hereby authorized and required

to receive it : And^ provided further^ That the interest in real or personal estate, authorized by this section to be vested in said company, shall be no more than a temporary license to use the same for the purpose of obtaining the minerals contemplated in the act, to continue only during the present war between the United States and the Con- federate States. ^luc stone, Sec. 4. Be it further enacted, That one-half of all the blue stone that may be manufactured out of ores, whose condemnation to the use of said company is authoi-ized hereinbefore, shall be furnished to the Governor of this State for distribution among the various counties, at a price which shall be fixed by a commission, to consist of two persons, one of whom shall be appointed by the Governor, and the other by the company, with power, in case of their disagreement, to call in an umpire ; and for this purpose the said company shall report to the Governor, once in every three months, what quantity of blue stone has been manufactured in the interval : Provi- Proviso. ded, That if the Governor, after such notification, shall decline to purchase the same, or shall take no steps 2S 1861-V,5 Chap. IS- 19. -

towards raising the commission hereinbefore mentioned, or if the commissioners so appointed shall fail to act, (sneh inaction by the Governor or the commissioners

to continue for three months,) tlien it shall be allowed to said company to sell the productions of that quarter without Proviso. reference to the provisions of this section : And^ provided also, That the whole of the blue-stone so manufactured shall be held by the company for one month subject to the refusal of the Governor. Sec. 5. Be it further enacted, That this act shall be in force from and after its ratification. \_Ratified the 23d day of Deccmher, ISo-i.]

NAVIGATION COMPANIES.

Chap. 19. AN ACT TO AMEND THE 14:3d CHAPTBE OF THE ACTS OF 1858-'59, ENTITLED " AN ACT TO AUTHORIZE THE EOANOKE NAVIGATION COMPANY TO DISCONTINUE THE USE OF THEIK CANAL AROUND THE GRAND FALLS OF THE EOANOKE EIVEE, AND TO MAKE SALE OF THEIR REAL ESTATE, WATER-POWER AND OTHER PRIVILEGES BETWEEN THE TOWNS OF GASTON AND WEf.DON IN THE STATE OF NORTH- CAROLINA."

Repeals sec- SECTION 1. Be it enacted hy the General Assembly of the State of North Carolina, and it is hershy enacted hy the authority of the same, That sections 4 and 5 of chapter 143 of the acts of 1858-'59, entitled "an act to authorize the Roanoke Navigation Company to discontinue the use of their canal around the grand falls of the Roanoke river, and to make sale of their real estate, water-power, and other privileges between the towns of Gaston and Weldon, in the State of North-Carolina," be and the same are hereby repealed.

Sec. 2. Be it farther enacted. That this act shall be in force from and after its ratification, and that all laws and clauses of laws in conflict with its provisions be and the same are hereby repealed. [Ratified the 23d day of Decern- ler, 1864.] 1864-'65. Chap. 20. 29

A>' ACT TO INCOKPOKATE THE DEEP KIVER TKANSPOETaWOW Cliaj). 20. OC-MPANY.

Section 1. Be it enacttd hy the General Asseniby of the Capital stock. State of Ncrtli-Cawlhia^ and it is kerehy enacted hy the authority of the same, 'iliat a coipDiation be authorized under tlie name and style of the Deep liiver Transportation Company, with a capital stock not exceeding live hundred thousand d(»llars to be divided into shares of one hundred dollars each, and when formed as hereafter provided, to liave the powers hereafter granted and all other privileges and immunities belongiiig to like corporations under the general law of the State. Sec. 2. Be it further enacted, Thftt AV. J. Hawkins, C. B. Commission- '''"" Mallett, K. P. Battle, E. Bryan, J. M. Heck, George Wash- ington, T. D. Hogg, E. II. Straughu and G. W. Mordecai, are appointed commissioners, at such times and places and for such periods as they may deem best, to open books of subscription to the capital stock of said company, and any tjiree of them shall be a quorum to do any business by this act dcv

Sec. 3. Beit further enac.t<.d. That whenever fifty thou- Geucrai moct- '"^' sand dollars shall be subscribed on said books by solvent pubscribers. the commissioners shall, after giving ten days' j.ulilic noiice, call a general meeting of stockholdeis at such

time and place as they may choose, at which and at all other meetings of stockholders, each stockholder shall have as many votes as he has shares as owner or prox}' forofliers, and a majority of stock represented by person or proxy 'ail cf-nstitute a qu(»rum for the transaction of business.

Skc. 4 Bi it farther enacted. That the stockholders shall Dii-fcicn-y. elect five directors who shall hold their offices for one year,

and until ihe election of their successors ; they may aj^tpoint

any o'hcr olliccrs they may deem tit, prescribe their duties teim- of service and salaries, and such power may be like-

wiso exercised by the directors : Provided, That the salaries and jiay of the directors and president shall be fixed by the stockholders

Sec. 5. Be itfuitJier enacted. That the directors shall out oirio( r? of the '^"'^'''"•^' of their own number choose a president of the company, 30 l§6i-'65. CitAP. 20.

atid shall have the general control and management of its business; thcj may likewise, and the president also, cal special meetings of stockholders. A majority of the directors shall be a quorum to do business. Fowcrto build fc^j^c. 6. Be it farther enacted, Tliat tlie said company shall ' and i.'(iiup _ '_ . boats, tv J. have power to build and equip boais and do all things necessary and ])r(>per for canying on the business of transportation of person and things through and along the works of the Cape Jb'ear and Deep River Navigation Company, ou such terms and stipulations as may be agreed on between

the parties ; and in case the said Transportation Company shall by contract with the said Navigation Compan}" become liable to keep in repair an}*" part of the works of the latter, they shall have the same powers tor that purpose as are enjoyed by the said Navigation Company.

Further snb- guc. 7. Be it further enacted, Diat the board of manaa-ers ccriptiun to '^ ,,. ^.r . . ^ capital btock, of the Cape Jb ear and Deep iuver Navigation Company may, in behalf of the same, subscribe to the capital stuck of said Transportation Company the value of such portion of their boats and other personal property, as said board may deem best and said company shall agree to. All corpora- g^^ g. Be it further enacted. That all corporations in the tious m the "' ' ' ^tju.B may sub- State mav take stock in said company to an extent not ex- i

is subscribed than live hundred tliousand dollars, tlie subscription shall be reduced according to a scale to be adopted

Proviso. by said coiumissioneis : Provided, That subscriptions of live hundred shaies or under sliall not be scaled, until al\ larger subscriptions shall be reduced to an equality with

tliem : And, -proviided further, That any subscriber sliall make atiidavit before some justice of the peace if demanded by any other subscriber, that each and every subscription in his name was made for himself and n.>t for the use of

another, and it' the same shall have been made for auocher, and the agency do not appear in the subscription, or if the subscriber refuse to make the affidavit, the subscription ot such subscriber shall be rejected. Sec. 9. Be it further enacted. That this act shall be in force from and after its ratitication. [Eatified the 2M day of J)eceml*er, 1864:.] 1§64J65.—-Chai'. 21—23. 21

RAILROAD COMPANIES.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO CHARTER THE Clia]). 1\, SHKLDY AND BROAD KIVER RAILROAD COMPANY.

Srction 1. B'z it enacted'hj the General Assembly of the Amendment ^^^''^ * ' S'.ate of North Carolina^ and h is hercly enacted hy the authority of the same, That "An act to charter the Shelby and Broad River Railroad,'' passed the tenth (10th) day of February, in the year of onr Lord one thousand eiglit hundred and sixty-three, be, and the same is hereby amended so as to make the fifth section, lOtli and 20th lines, read " ratified on the second day of January, one thousand eight hundred and fortj^-aeven.'' Sec. 2. Be it further enacted, That this act shall be in force from and after its ratification. S^Ratified the^Qth day of DtCcmber, 1S64-.]

ROADS.

AN ACT TO AMEND THE HICKORY NUT TURNPIKE ROAD. Chap. 23.

Section 1. Be it enacted^ by the General Assembly of the Tuiimtca. State of 1^orth- Carolina, and it is hereby enacted hy the authority of the same-, That the " Hickory Nut Turnpike Company," chartered in 1838-'39, and amended in 1840-'45, 80 as to extend from J. W. Harris in Rutherford county to James Tones in Buncombe county, be further amended so Rs to raise the present rates of toll now charged oti s:iid road. Sec. 2. Therefore, he it further enacted, That the said Hickory Nut Turnpike Company be allowed to change four- fold the present rates of toll.

Skc. 3. Be it farther enacted^ That this act be in force from the first day of January, 1865, and continue during the existence of I he piesent war and no longer, [^Ratijied tlie. 2'6d day of December, 1864:.] S£ ig64-%5. Chap. 23—^4.

Chap. 23. AN ACT TO AMEND THE CHARTEa OF THE A8IIEVILLE AND GREEl?'' VILLK PLANK KOAD COMPANY, PASSED IN THE TEAR 1861. r.oad? placed SectionI. Be it enacted hv the General Assembly of the under niiliUuy ^ * . . eoati-ui. State of Bortk-Oaroliiiir.^ and it is hereby enacted by the authority of the .va???-?, That the miiilarj officer in command of lIiG western division of North Carolina, and those acting

• under his authority, shall have complete control of the " Aslicville and Greenville Plank Poad," and manai^e the road as the}^ think proper during the continuance of the war between the Unitesd States and the Confederate States of America. iJeiiair^. Seo. 2. Be it farther enacted.. That the Asheville and Greenville Plank Road Company shall not be bound to keep!* said road in repair, nor be liable to indictment for failing to keep the same in repair during the continuance of the war. vviieniu force. Sec. 3. Be it farther enacted. That this act shall be in force, when the A&heville and Greenville Plank Road Com- {Hiny shall accept this amendmect of their charter in a general meeting of the stockholders, and enter their acceptance on the books of the company, kept for recording their proceedings, {llat'ified the 'list day of Deceir.bjr., 1864.]

SHERIFFS.

Chap, 24. AN ACT IN RELATION TO THE COLLECTION OF ARREARAGES OF TAXES IN TEE COUNTIES OF NASH AND ROBISON.

^"'"*^'^'' Section 1. Beit enacted by the General Assembly the thu?'''" of State of North- Carolina,, and it is herehy* enacted by the authority of the same,, That Evan II. Morgan, late sherifi' of the county of Kash, and Reuben King, sheriff of the county of Robeson, be allowed the further time of one year to collect all taxes which may be owing to them for the years of eighteen hundred and sixty three and four, and for that purpose they may have and exercise all the power they had when sheriffs, in regard to the collection of taxes due them for the years 1S63 and 1864. u

1864:-'66. Chap. 24—25—26,

Sec. 2. Be it further enaoted, That this act shall take efiect from and after its ratiticatioQ. \Ratijied the 23tZ day of Decemher, 1864.]

AN ACT FOE THE BELIEF OF HUGH B. GUTHKIE, LATE SHERIFF OF Chap. 25. OKANGE COUNTY.

Section 1. Be it enacted ly the General Asscnihly of the Empowered

,. • ' 1 collect arrewr- o -KT 1 r^ T -I -I J 7 7 j7 Haie oj .North- Carotina, ana it ts hereby enacted by the ages.. authm^ity of the same, That Hugh B. Guthrie, late sheriff, of the county of Orange, be, and he is hereby authorized and empowered to collect arrears of taxes due him for the

years 1863 and 1864, as sheriff aforesaid ; which collections shall be made under the same rules, regulations and restric- tions, as other collections of taxes by virtue of the laws of this State, and he shall be invested with the same power

and authority for the purpose which is invested in sheriffs

Provi«o... by ther laws of this State : Provided, That the authority by ^ this act granted, shall not extend to persons who will voluntarily swear before any justice of the peace for said county, that he or she verily believes that the arrears of taxes claimed from him or her have been paid.

Sec, 2. Be it further enacted. That the power hereby granted shall cease and determine with the year 1866, except as to such legal proceedings as may then be pending by virtue of this act.

Sec. 3. Be it further enacted, That this act shall take

effect and be in force from and after its ratification, [^liatified the 11th day of December, 1864.]

TOWNS.

AX AC] ADTHOKIZING THE SALE OF LOTS IN THE TOWN OF WEBSTBtt Chaf). 20.

Section 1. Be it enacted by the General Assembly of the commissioa- Sta'eof North- Carolina, and it is hereby enacted by the «" i'rP«'»*«*' authority of the same, That J. M. Bryson, Allen Fisher and J. B. Allison, aro appointed commisflioners to sell at public 34: 1864-'65. Chap. 26—2T.

auction all the unsold lots in the town of Webster ; upon whose certificate, the chairman of the court of pleas and

quarter sessions for the county of Jackson, shall have full power and authority to execute titles to the purchaser for said lots.

Sec. 2. Be it further enacted^ That this act shall be in force from and after its ratification. \^Ratifi(id the 2dd day December^ 1864.]

Chap. 27. AN ACT TO AUTIIOKIZE THE MATOK AND COMMISSIONERS OF FAYKTTEVILLE TO SUPPLY SAID TOWN WITH WATER.

% Necessary SECTION 1. Be it enacted hi the General Assemhly of the «/ •>' ' works shall be irtionstructed. State of North Carolina, and it is hereby enacted hy the au-

thority of tJii- sam . That the mayor and commissioners of the town of Fayetteville, be, and they are hereby authorized to construct such necessary works as will enable them to

supply said town, and its inhabitants, with pure water ; and they are hereb}'' authorized to construct said works, either within or without the limits of the corporation of said

town ; and for that purpose, they are hereby authorized to enter upon, and make free use of any lands or other property, which they shall deem necessary, for piocuring and cond noting said water into all, or any of the streets of said

town, as they may deem expedient ; that said mayor and commissioners are hereby authorized, to erect dams or other Tvorks, upon or across any streams of water, or any other place, or places, where they may think proper, for the purpose of raising such stream or streams, or turning the course thereof, or of making use of such streams, in any way to effect their purposes, and to do all such other things

,as they may deem proper, for securing or conveying such all the powers supply of water ; and to have and possess jiecessary and proper to carry out and effect the object contemplated by this act. That if it shall become ne- Bightof way Sec. 2. Be it further enacted. cessary for said mayor and commissioners to invade the private property of any person or persons whatsoever, to parry out the intent an4 meaning of this act; and when, 1864-'65. Chap. 27. 35 from any cause wliatever, an agreement cannot be made " with the owner or owners of snch property, upon apph'cation by said mayor and commissioners, to any justice of the peace, of tlie count}^ of Cumberland, the justice sliall issue an order to the sherifi" of said county, to summon eighteen disinterested freeholders, and unconnected with the parties, and wiio shall meet on the premises to be valued, on a day named in the warrant, not less than ten nor more than

twenty days from the date of said warrant ; and the sheriff, on the receipt of said warrant, shall summon the freeholders accordingly, and when met, shall draw twelve of them, who, after being duly sworn, shall impartial!}'' value the property, and consider the damage, (if any), that the owner thereof may sustain, and the inquisition so taken, shall be signed by the jur}', and the sheriff, and be returned by the

sheriff to the clerk of the county court, to be recoi"ded ; and in all cases the jury shall describe the propert}'-, so valued, and such valuation shall be conclusive, and the mayor and comm'ssioners shall pay the sum so assessed, to the owner or his legal representative ; and if neither can be found in said county, then to the clerk of the county court, and on the payment thereof, the ma^'or and commissioners shall be seized in fee of said property, as fully and absolutely, as if the same had been conveyed to them by the owners, respectively.

Sec. 3. Be it further enacted^ That the mayor and com- Water woi-k« missioners of the town of Fayetteville, are hereby an- chased."'^ thorized, if they deem proper, to purchase of the owners, the present water works in said town, and to receive an assignment of all its property, franchise and powers. Skc. \. Be^it farther enacted. That to enable said mayor Coupon bonds and commissioners, to raise the money to construct said works, and to carry out, in full, the intent and meaning of this act, they are hereby authorized to make and sell, the coupon bonds of the town, of Fayetteville, to an amount not exceeding one hundred thousand dollars, in such manner and form, and upon such terms and conditions, as they may direct; and to secure the payment of which, they may mortgage the works, by them erected, and do and perform >6: 1864-'65. Chap. 27.

all such other acts relative thereto, as may seem expedient to carry out and effect the purposes herein intended. Jrdiaanccs. Sec. 5. Be it further enacted^ That it shall, and may be lawful, for said mayor and commissioners, from time to time, to make and establish such ordinances as they think proper for conducting, managing, and preserving said vrorks, or any part thereof, and for fixing the rates for using said water, by the citizens of said town. Books to be Sec. 6. Be it fiirther enacted^ That provided the mayor jpened. and commissioners, shall so elect, that in lieu of construct- ing said water works by, and under the contract of the said mayor and commissioners, or under ordinances prescribed by them, they may open books of subscription for the capital stock of a company, not to exceed the sum of one million dollars, ($1,000,000,) in shares of one hundred dollars each, for the purpose of effecting the purpose herein intended, and the subscribers to said stock, and their assigns be, and they are hereby constituted, a corporation and body politic,

under such name as they may adopt ; and shall have succession, and a common seal, for a period of forty years, from the ratification hereof, and maj'- sue and be sued, plead and be impleaded, and have and possess, all the powers incident to corporations, and necessary and proper

to effect the objects contemplated by this act ; and shall have all the powers herein granted, to the mayor and commissioners ot said town. Snbscriptions Sec. 7. Be it further enacted, That the mayor and com- to capital for any wkodk. missioners are hereby authori7;ed to subscribe that determine number of shares of said capital stock, they ; and to raise the money to pay said subscription, may issue the coupon bonds of the town of Fayetteville, upon such terms, and in such manner, and form, as they may deter mine. SjRatifed the 23t^ day of Decemler, 1864.] 1864:-'65. Chap. 28—29. 3<

MISCELLANEOUS.

AN ACT TO INCOKPOEATEi THE TRUSTEES OF THE OEPHAn's ED- Chajp. 28. UCATIONAL FUND.

the Body poiiti*. Section 1. Be it enacted hy the General Assembly of the aitr State of North- Carolina, and it is hereby enacted hy Rumple, thority of the same, That Walter W. Pharr, Jethro Joseph M. Atkinson, Willis L. Miller, Calvin Shaw, Neill T/cKay, E. Nye Hutchinson, Jesse H. Lindsay, and Jesse G. Shepherd, their successors and assigns, be, and they are hereby declared to be a body politic and corporate, by the name of "The Trustees of the' Orphan's Educational •Fund," and by such name shall be for thirty years, a body politic and corporate, with the right to hold and use, for the education of the children of deceased soldiers, the sum of three hundred thousand dollars, having all the privileges, the and subject to all the duties and liabilities, which, by laws of this State, attach to corporations. shall be in Sec. 2. Be it further enacted, That this act force from and after its ratification. [Batifed the 9th day of Decemhery 1864:.]

AN ACT TO KEPKAL AN ACT, ENTnLKD " AN ACT TO PEEVENT Cho^ 2&. 0B8TKUCTI0NS IN THE BIO SWAMP, BY MEANS OF FISH TEAPS.'

gcpj^-jjUig Section 1. The General Assembly of North- Carolina do enact, That an act entitled, " An act to prevent obstructions in the Big Swamp, by means of Fish Traps," passed at the adjourned session, 1864, Chap. 32, Private Acts, and every section thereof, be, and the same is hereby repealed. ia Sfx). 2. Be it further enacted. That this act shall be force from and after its ratification. [Batifed the Vlth day of December, 1864.] »8 1864.-'65. Chap. 30.

ChO'p. 30. AN ACT TO INCORPORATE THE CONFEDERATE JOINT STOCK PUB- LISHING COMPANY.

^odypoutio Section 1. Be it enacted hy the General Assemlly of the State of North- Carolina^ and it is hereby enacted hy the au tho/'ity of the same, That A. M. Gorman, D. K. McRae, E B. Haywood, Thomas Bragg, John C. Pahner, Alfred Wil liams, W. E. Miller, A. A. McKay, Pride Jones, James E, Kerr, S. S. Eoyster, Wm. H. Smith, and John A. Young, and such others aa are now, or may hereafter become as sociated with them, for the purposes hereinafter stated, are hereby constituted a body politic and corporate, by the name and style of " The Confederate Joint Stock Publish- ing Company," and by that name may sue and be sued, implead and be impleaded, in any of the courts of this State.

Capital stock Sec. a. Be it further enacted, That the capital stock of the said company may be fixed by the stockholders of the same, at any sum not exceeding one hundred thousand dol-

lars, in shares of one hundred dollars each, and it may purchase and hold, in its corporate capacity, such real and personal estate, as may be required for the proper and legitimate prosecution of its business, and to transfer the same, from time to time as may be deemed expedient. Business. Sec. 3. Be it further enacted. That the business of the said company shall be that of printing and publishing any

newspaper or newspapers, periodicals, books, and all kinds of job work, and printing done in printing establishments. directors. Sec. 4. Be it further enacted. That the stockholders in

the said company, should they deem it necessary, may elect for the management of the affairs of the same, five directors from among their number, who shall hold their appointments so long as the stockholders may prescribe, and shall have power to appoint one of their number as president of the

board, and to fill any vacancy or vacancies that may arise in the same; and also to appoint such subordinate ofllcers, agents and managers, as they may deem essential to the proper con-

duct of the. business ; and the same, from time to time, re-

move as may by them, be deemed expedient ; and the stock-

holders shall, moreover, have power to make all such by- —

B9 186W65"; -Chap. 50—13. laws and regulations, not incoirsistent with' the constitution and laws of this State, as they may think necessary for the due and proper management of the business of the company, and for the control and direction of its officers.

Si:c. 5. Be it fuither enacted. That this act shall take effect from and after its passage, and shall continue 'Wi force

and effect fo-r the period of thirty years. \_EatifipA the 17th day of December^ 186-1:.]

AN ACT TO INCORPORATE BL^CKMEB LODGE, NO. 170, IN THB Chap. 3l COUNTY OF BUNCOMBE.

Body politic. Section 1. Be it enacted hy the General Assembly of the State of North-Carolina, and it is herelyy enacted hy the authority of the same, That the Master, Wardens, and members which at present are, or in future may be, of Blackmer Lodge, No. ITO, of Free and Accepted Masons, located on Reeras' Creek, in the county of Buncombe, are hereby constituted and declared to be a body corporate, under the the name and title of " Blackmer Lodge ;" and by such name, shall have perpetual succession, and a common seal, may sue and be sued, plead and be impleaded, require and *'''°"' transfvir property, and pass ail such by-laws and regulations as shall not be inconsistent with the constitution and hiMS of this State, or of the Confederate States.

Sec. 2. Be it further enacted. That this act shall be in

force from and after its ratification. [^Ratified the '21st day of December, 1864.]

AN ACT TO INCORPORATE THE OAK HILL CEMETERY COMPANY. Chap. 32.

Section 1. Be it enacted hy the General AssemUy of the Body politic. State of North- Carolina, and it is hereby enacted hy the authority of the same. That Nicholas W. Woodlin, William D. Rankin, William JohnsoU; Edward J. Alston, John E. Patton, and such other persons as may associate themselves with them for the purpose horeiuuftor mentioned^be, and -

^ 1864-'65. Chap. 32.

they are hereby made a body politic and corporate, by the name and style of " Oak Hill C'emetery Company,'^ and by that name may sue and be sued, plead and be impleaded in all the courts of this State, contract and be contracted with, and may have a common seal. Lands for bu- Sec. 2. Be it further enacted. That said corporation rial grounds. • i i may acquire, take and hold a lot, or tract of land containing not more than twenty five acres, for the purpose of establishing a burial ground at or near the town of Ashe- ville in the county of Buncombe, and may sell or otherwise dispose of the same, or any part thereof, to be used exclu-

sively as a cemetery or place for the burial of the dead ; ^nd all moneys received for, or on account of the sale of lots in the said cemetery, shall first be apphed by said corporation to the payment of the purchasemoneyof the laud, which it may acquire, and the residue thereof shall be expended in improving and embellishing such land, and in snch other way and for such other purposes as said corpor-

ation may deem expedient ; and said corporation may acquire such personal property as may be necessary to eflfectuate the purposes contemplated by this act. g^tioih Seo. 3. Be it further enacted^ That the real estate of said corporation, and the lots, or plots, when conveyed by said corporation to individual proprietors, shall be exempt from. assessment and taxation, and not liable to be sold nndejr any execution, or to be applied to the payment of debts by assignment under any insolvent law. ifntiiation of Sec. 4. Be it further enacted. That if any person shall "Wilfully destroy, mutilate, deface, injure, or remove any tomb, monument, or grave stone, or other structure placed in the cemetery aforesaid, or any fence, railing or other work for the protection or ornament of said cemetery, or of any cemetery lot, within the cemetery aforesaid, or shall wilfully destroy, cut, break, or impair any tree, shrub, or plant within the limits of said cemetery, such persons so offending shall be deemed and held guilty of a misdemeanor, and upon conviction thereof, shall be fined or imprisoned at the discretion of the court, and shall be moreover liablQ^ in any action of trespass which may be brought in ih& 1864-'65. Chap. 32—83. 41 name of said corporation for such damages, by sTicb unlawful act. Sec. 5. Be it further enacted, That the land which said Land shall be forever dedi- . , , . 1 • J • 1 11 1 dorporation is by this act authorized toacqnire, shall, wuen catcdtothat P"'"P*^^®- dedicated to that purpose, remain forever dedicated to the

purpose of a cemetery ; and any lot or lots therein conveyed by said corporation, may be so conveyed, that upon such conveyance, or after there shall have been an interment therein, the said corporation may have authority to extend interments therein to such person or persons, or class of persons as may be designated and prescribed in the conveyance under which said lot or lots shall be taken and held. By-laws and Sec. 6. Beit further enacted. That said corporation may •^ ' regulations. . . prescribe the form of conveyance for any lot or lots in said cemetery, and how the same shall be executed, arrd shall have full power to make all such by-laws and regulations as may be necessary to conduct the affairs of said corporation, and to improve and embellish said cemetery : Provided^ The eame be not inconsistent with the constitution and laws of this State, and the Confederate States. Sec. 7. Be it further enacted, That this act shall bo in force from and after its ratification. \_Ratified the 2\st day of December, 186i.]

4N ACT TO INCORPORA.TE PBB DEE LODGE, NO. 150, OF ANCIENT Chaj). 33. YORK MASONS, IN THE CODNTY OF STANLY.

Body politic Section 1. Be it enacted hy the General Assembly of the State of North-Carolina, and it is hereby enacted hy the authority of the same. That the Master, Wardens, and members of Pee Dee Lodge, No. 150, of Ancient York Masons, located in the county of Stanly, near Norwood's post office, and their successors, be, and the same are hereby constituted and declared a body corporate, by the name and style of " Pee Dee Lodge, No. 150," and by that name shall have perpetual succession, and a common seal, may sue and be sued, plead and be impleaded, acquire and transfer property, and, in general, exercise and enjoy all such rights and privileges as are usually incident to corporate 42 1864-'66. -Chap. 33—34.

Proviso. bodies of a like nature: Provided, nevertheless^ That said corporation shall not hold any more real estate than may be necessary for the convenient transaction of its necessary business.

Sec. 2. Be it further enaotid, That this act shall be in force from and after its ratification. [Ratified the 2ori day of Deoemhev^ 186:1.]

Chap. 34. AN ACT TO IUCOKPOKATE LEAKESVILLE lodge, no. 136, ANCIENT YOKK MASONS.

Body corpor- Section 1. Be it enacted' hy the General Assemhly ths ate. of State of North- Carolina, and it zs hereby enacted hy the authority of the same. That the ofhcers and members, who are at present, or in future may be, of Leakesville Lodge, No. 136, of Free and Accepted Masons, in the town of Leakes- ville, county of Rockingham, be, and they are hereby incorporated into a body coi'porate, under the name and style of " Leakesville Lodge, No. 136, of Free and Accepted Masons ;" and by that name may have succession, and a Powerg. common seal, sue and be sued, plead and be impleaded in any court of record, or before any justice of the peace in this State, contract and be contracted with, acquire, hold and dispose of personal property for the benefit of said Lodge, and also such real estate as may be required for the

convenient transaction of its business.

Bj-laws. Sec. 2. Be it further enacted, That the said corporation shall have power to pass all necessary by-laws and regula-

tions for its own government, which may not be inconsistent with the constitution and laws of the State, or of the Confederate States. Sec. 9. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the 28d day of J)ecemlier, 1864.] lS64--'65.-^—Chap. 35—36. 43

ACT TO mCOEPORATE WILLIAM R. DAVIB LODGE, A. Y. M., IN Chap. 35. LEXINGTON, N. 0.

Section 1. Be it enacted hy the General Assembly of the Body coitjo- State of North- Carolina^ and it is hereby enacted by the authority of the same, That George Rilej, James P. Stinson, and WiJliam D. Lindsay, and their successors in office, and the members of William E,. Davie Lodge, No. 37, of Free and Accepted Masons, at Lexington, in the county of Davidson, be, and they are hereby declared a body corporate, by the name and style of " William R. Davie Lodge, No. 37, Free and Accepted Masons," and by that name shall have perpetual succession, and a common seal, may Powers, plead and be impleaded, sue and be sued, and, in general, exercise and eiijo}' all such rights and privileges as are nsually incident to corporate bodies of the same nature.

Sec. 2. Be it further enacted^ That the said corporation shall have the right to hold and enjoy real estate.

Sec. 3. Be it further enacted, That this act shall be in ibrce from and after its ratification. \_Ratified the 2Sd day vf December^ 1864;.]

AN ACT IN FAVOR OF THE ESTATE OF JAMES D. WYNN. Chap. 36.

Sfc:tion 1. Be it enacted by the General Assembly of the Letters of ad- lumistration. o /. TIT 7 T 7 • • 7 7 7 7 7 atate of North- Carolina, and it is hereby enacted by the authority of the sarue, That the court of pleas and quarter sessions for Hertford county, shall have jurisdiction to grant letters of administration upon the estate of James D. VVynn, late of Chowan county.

Sec. 2. Be it further enacted, That this act shall be in

force from and after its ratification. [Ratified the '22d day wf Decunbar^ 1864.] 44 1864r-'65. -Chap, 37.

Chap. 37. AN ACT TO mCORPOEATE 8T0KESBURG LODGE, NO. 220, IN STOKBB COUNTY, OF FREE AND ACOEPTED MASONS.

Body corpo- Section 1. Be it enacted hy the General Asserribly of tht rate. State of North-Carolina^ and it is hereby enacted by the avr thority of the same^ That the Master, Wardens and members of Stokesburg Lodge, No. 220, of Free and Accepted Masons, at Stokesbnrg in the county of Stokes, be and they are hereby constituted a body corporate, by the name and style of the "Stokesburg Lodge, No. 220, of Free and Ac- cepted Masons," and by that name shall hap'e perpetual Powers, 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 corporate bodies of the like nature. Sec. 3. Be it further enacted^ That this act shall be in

force from and after its ratification. \_Ratifled the 226? day of December^ 1864.] ^

EESOLUriONS

OP A PRIVATE NATURE, PASSED BY THE GENERAL ASSEMBLY

OF NORTH-CAROLINA,

AT ITS REGULAR SESSION OF lS64-'65.

SOLUTION IN EELA.TION TO PAYMENT OF TAXES TO JOHN KHEM.

\ Resolved^ That the Public Treasurer be directed to pay Authorizca |ihn lihem the sum of ninetj-two dollars and fort}^ cents, ^,1^" |92,40,) being the amount of taxes over paid by him to e State. {^Ratified the 21st day of December^ 1864.]

SOLUTION IN EAVOK OF A. J. MCBRIUE, SHERIFF OF WATAUGA COUNTY.

Resolved^ That the Public Treasurer be directed tore- FineofHi.oo* remitted 1 1 i/'ii AT~v-ir,/i

atauga county ; and the said sherifi is hereby discharged a penalty of one thousand dollars in reference to the )n j)ayrnent of public taxes, up to the first day of October st, and from the payment of costs taxed in the aforesaid

it, which costs shall be paid by the Treasurer, and charged his accounts. [Ratified (he 6th day of December }6i. '

46 1844r-'55. ResolctioiC. I

EESOLUTION IN FAVOR OF R. P. MELVIST, SHERIFF OF THB COUNTY OF BLADEN.

Allows further Eesolved,' Tliat H. P. Melvin, sheriff of Bladen county, time to collect ' •' tax. be allowed twelve montlis to collect all arrears of taxes due

him for the years 1S61, 1862, 1863, and 1861 ; Provided^ The authority hereby given, shall nor extend to executors or administrators, nor to any one who shall make oath that tlie tax claimed has been paid. \_Ratified the loth day of December^ 1864.]

RESOLUTION IN FAVOR OF W. M. RAT, TAX COLT/JCTOR OF MAD- ISON COUNTY.

Allows further Besolvcd, That W. M. Hay, tax collector of Madison tax.^ county, be, and he is hereby disc'iarged, of the penalty of

' one thousand dollars, incurred by liis failure to pay in the the public taxes, before the first day of October, A. D., 1864. S^Ratiiled the loth day of Deeemher, 18o4.]

RESOLUTION IN FAVOR OF W. W. H'^LDEN, LATE STATE PRINTER.

Allows further Rewlvcd, That for the printing for the present Legisla- compensation. ^^^^^^ ^j^^ reports of the Treasurer' and Comptroller for the

fiscal year, ending oOrh September, 1864, the late printer,' W. W. liolden, be alh wed the sum of four dollars per thousand for composition, ar)d four dollars per token for press work; and that the State Auditor settle with him for said work accordingly. \_Batified the 20th day of Decemherf 1864]

RESOLUTION IN FAVOR OF DSURY KING.

iFurthercom- Besolved That the Public Treasurer pay to Drury King, pensation the sum of Two hundred dollars, for services rendered ia «.llowed. ' arranging and preparing the halls, for the use of the pre- 1864-'05. KEsoLtrtfONS. 47

•sent session of the General Assembly. \_Raiijied the 2(ftk day of D<:ceriibei\ 1864.]

EESOLUTION IN RELATION TO THE PAY OF THE DOOR KEEPERS.

Resoloed., That the doorkeepers of the two Houses of this Miicapc and '^^'^'"• General Assembly, be allowed the same pay and mileage i^'^'" as the members, and in addition thereto, the snm of one hundred dollars, to pay for servant hire. {^Ratified the Ôth day of December^ lîî:.

KESOLCTION IN FAVOR OF JOSEPH W. STEED, FORMER SHERIFF OF RANDOLPH COUNTY.

Resolved, That J. W. Steed, former sheriff of Randolph Allows further *^'^"*'''' county, be allowed to collect all arrears of taxes d^n^ to him, faxes?" while he was in office: Provided, That nothing herein contained shall apply to executors and administrators, nor to persona who will make affidavit that they have paid the taxes claimed from them. \_Ratified the 23d day of De- cember, 1864.]

A RrSOLDTION IN FAVOR OF POWER, LOW & CO., OF WILMINGTON.

Whereas, It is made to appear to the satisfaction of the Preamble. General Assembly that Power, Low & Co., merchants of the town of Wilmington, were the legal holders of fifteen (lo) bonds, of one thousand dollars each, and of eight (8) bonds, of five hundred dollars each, issued by the State, payable to bearer on the Ist day of January, A. D., 1893, with coupons attached, payable semi-annually from the 1st of July, 1864, to 1st January, 1893, both inclusive, which bonds were numbered, respectively, 3552, 4067, 4296, 4297, 4298, 4299, 4300, 4301, 4302, 4303, 4304, 4305, 4306, 4307, 4308, and 55, 66, 57, 58, 210, 264, 261, and 270, and that eaid bonds were destroyed by being thrown into the sea, (with a weight attached,) to avoid their being taken pos- :

48 1864:'-65. KEsoLUTioifa.

session of by tlie public enemy, on the 15th day of Mayj 1864: Authorizes Be it therefore resolved hy the General Assembly of issue of other bonds. the State of Nm'th- Carolina, That the Public Treasnrer be, and he is hereby, instructed to issue, in lieu of said bonds, and deliver to said Power, Low & Co., twenty-three (23) other coupon bonds of the State, of same tenor and date of said first mentioned bonds, and in all respects duplicates thereof; on the face of each of which, and on every coupon attached to each of which, shall be written the word " du-

plicate ;" the said delivery not to be made till an indemni- ty shall have been filed in the oflice of the Public Treas-

urer, protecting the State from ^11 loss in consequence of the issuing of said substituted bonds. [Ratified the 23d day of Decemher^ 1864.]

EESOLUTION IN FAVOE OF J. S. MONTGOMERY, OF CALDWELL COUNTT.

Authorizes Resolved, That the Public Treasurer be directed to pay payment of to J. S. Montgomery, of Caldwell county, one thousand and |i;50L). five hundred dollars for making a survey of forty-five thousand acres oi land in the county ot Alleghany, and plotting the same, under an order of the supreme court of this State, in the case of" the Attorney general against Caleb Osburn and others," and that he be allowed the same in the settlement of his public accounts. [Ratified the 2Zd day of December^ 1864.]

EESOLUTION IN FAVOK OF MESSRS. CREECH & LITCHFORD.

Autborizes Resolved, That the Public Treasurer be directed to pay payment of Messrs. Creech & Litchford three hundred and sixty-five dollars, ($365.00) for andirons for the use of the capitol. [Ratified the 2Zd day of JDecerriber^ 1864.] lSGl-'(;5. Resolutions. 49

SU-JSOLTTTION IJS FAVOK OF VIRGINIA ATHJNSON, EXKCDTI.IX OF P. A. ATKINSON-

liesolocd^ That tlie Public Treasnrer ]>aj to Yirffinia Tax':=,rc- '''"'^'''^' Atkirisori, executrix of tlie estaty of P. A. i\tkinbuii,^one hundred and sixty-three dollars mid twenty cents, amount of State taxes over paid .by her. [Ratljitd the 'IZd day of December^ 186-1.]

KESOLUTION IN FAVOR OF W. A. MARONY, SHERIFF OF DAVIE COUNTY.

BesnJved, Tliat tlie Public Treasurer be instructed to pav Authorizes •', llie payment "W A Tvr 1 -LV L- ^^ , T^ • , U . A. Maroney, sUenft ot the county ot Davie, the sum ot oi?425. four Jiundred and t\venty-five dollars for moneys over paid the State by h:m for taxes, for the year lS(>i. [L'atijitd the 23d day of Diceniber, 1S64.]

RESOLUTION IN REGARD TO SALISBURY DISTILLERY. \

Wheklas, The people have been informed that, there is a Pienmbie. distillery located at Salisbury, in this State, under the control and direction of the C..nfederate States ii;overnment, which is consumintr lq,rge quantities of orn daily, therefore

liesolved^ That liis Excellency, Governor Vance, be re- Suppression ''^'^"^*^^'^- spectfnlly requested to take such steps kn- the snpprt'^^Hon of this fjreat evil as he may deem pr<.(per. [^Hatljied the dth day of December, ISCi ]

BESOLUTION IN FAVOtt OF O. M. RAY, TAX COLLKOTOW Ot<' MADI- SON COUNTY.

Resolved, That tlie Public Treasurer be. and he is lio^o Authorizes tb^ directed to to pay D. M. Ray, tax collector of Madison i'on.'SioLi, county, the commissions to \\\\\v>\\ ho is entitled on the })nb- lic taxes paid info the Sta.t^ trejwiry, wliich comuiissioDs 4^ " 1864-'65. RESOLUTIONS.

^ere disallowed in settlement by said Ray with the Treas- urer, on account of his failure to pay in the taxes boforo?

the first day of October last. [Hq^tified the 23i day of De- cember., 1864.]

KESOLUTION: in favor of WIL;.IAM S. WEBSTER.

Miieftge and Besolved, That the Treasurer pay to William S. Webster, per diem. principal door-keeper of the last House of Commons, fifty coming to cents per mile, for one hundred miles travel^ in from this Capitolj ^"^^ thirty dollars per day W^t»l v and returning House of Com^ for two days attendance upon the present mons. {Ratified the 26th day of November, 1864.]

NORTH-CAROLmA, STATE OF | Office of Skceetary of State, r

October 20th, 1865. ) of State in and for th« I, RoBT. W. Best, Secretary certify that the forego- Sta^te of North-Carolina, do hereby and Resolutions on ing are true copies of the original Acts hand, this 20th day of file in this office. Given under my

.Octo>^ V, 1865. ^OBT. W. BEST, ^eiary of Stat*. '

i3srr>EX

TO PUBLIC LAWS, 1864-'65.

PAGE. ASYLUMS— Sbss. 1864r-'65. An act appropriating money to the Insane Asylum, - - 8, 5 An act for the support of the Deaf and Dumb and Blind Asylum, ------^ - - - 3 SCHOOLS— CO!kDION ^^ An act to grade common schools, &c.. 5 COUNTIES— An act to empower*two magistrates to transact business in the county of Wake, 1" An act to legalize certain acts of the Comity Court, of Mad- 10 ison, . - - An act to provide for holding courts in Hertford, - - 11 An act to legalize an order of the Special Court of Bertie, 13 An act concerning the fees of the County Solicitor of New Hanover, ^* An act for the relief of indigent families of soldiers in Nortb- 12** ampton, - - ' An act to repeal an act appointing a tax collector for Meck-

lenburg and iVnson, ------* - 13 COURTS— An act to araendjan act authorizing the Governor to issue commissions for courts of Oyer and Terminer, «&c - - 14 An acl to amend an act to restore the courts, &c., ' - 16 GRANTS AND CONVEYANCES— An act to allow further time for the registration of grants, - 17 JUDGES— An act concerning the expenses of Judges of the Supreme and Superior Courts, ^ MAGISTRATES— the An act respecting the qualification of Magistrates within ^' enemies' lines, MEMBERS OF ASSEMBLY— An act concerning their per diem »nd mikage, - • - 18 INDFCX PUBLIC LiLWSl n . TO

PAGE. MILITIA— Sess. 18G4-'65. An act to increase the efficiency of the Home Guard organization. 19 An act for local defence, - - 21 PUBLIC PRINTER— An act to provide just compensation to the Public Printer, 22 PUBLIC ROADS— An act to provide for keeping the roads in Watauga, - - 23 PUBLIC TREASURER—

An act in reference to the Public Treasurer, - - - 24

An act concerning- the transfer of Coupon Bonds, - - 25 An act to amend Chapter 112 of Revised Code, - - - 25

An act to authorize the issue of Coupon Bonds, - - 26 REVENUE— A Bill to be entitled the Revenue act, 35 MISCELLANEOUS—

An act to secure the State Salt Works from interruption, - 63 An act amendatory of the Ordinance of Convention in rela tion to supply of salt, -63

An act to prohibit the distillation of liquor, - - - 64 / An act in relation to Alimony, 65 An act to authorize attachments against Coi-porations, - 66

An act for relief of families of soldiers, - - - - 66 An act concerning bounties to persons in Naval service, - 68 An act for relief of prisoners of war, 69 An act to appropriate money for the military establishment of the State, 70 RESOLUTIONS—

Relative to l^rigading certain N. C. Troops, - - - 71

For protection of State Salt Works, - - - - 72 In reference to Revenue Laws, 73

Protesting against ill treatment of Conscribed Slaves, - 72 Instructing State Salt Commissioner in relation to Salt in Bladen county, 73 Requesting the Governor to correspond with Richmond

authorities relative to diabled soldiers, - - - - 73

Of instruction to Senators and Representatives, - - 74 Of inquiries to Public Treasurer, 74 Directing the Governor to correspond with Governor of Virginia, ....-..-.74 Relative to increase in pay of private soldiers, - - - 75

iNM., Concerning N. C. Educational Association, - - - 75

Of thanks to officers and soldiers of N". C, - - - 76

Of thanks to John A. Teague and his men, - - - 76 Of thanks to Jos. B. Starr, 77

Of thanks to Junior Reserves and Home Guards, - - 77 INDEX TO PUBLIC LAWS. IH

In favor of Junior Resei-ves, 78 Sens. 1864-'65.

In reference to officers of General Assembly, - - - 78 In relation to expenses incurred in execution of conscription laws, -78 In relation to light duty men being put into active service, 79 In reference to payment of bountj', 70 Directing H. A. Dowd to make payment to Public Treasurer, 79

i:n'dex

TO PRIVATE LAWS, 186-4-'65,

PAGB

ACADEiHES— 1864r-'65. School, 3 Sess. An act to incorporate Laplace High 8 Chicora Institute, - - - - An act to incorporate ^-"'^ School, An act to incorporate Bingham High - 6 An act in reference to Sardis Academy, - - - * 6 An act to incorporate Wilson Academy, - - - - BANKS— Merchants' Bank, - An act to amend charter of MINING AND MANUFACTURING COMPANIES— Company, - An act to charter the Ocknock Iron Enterprise Cotton An act to incorporate the FayetteviUe 8 Factory, Iron Works, - 9 An act to incorporate the FayetteviUe Cotton and Woolen An act to incorporate the Confederate ------' 11 Mills, Button Factory, 13 An act to incorporate the Cavanah Steel and Iron Company, 14 An act to incorporate the Linville Iron Works, 15 An act to incorporate the Cranbury Mining and Manufactur- An act to incorporate the Gorga^a --"'''' 16 ing Company, Minisg and Manufactur- An act to incorporate the Lerayton ---'"'' 20 ing Company, Cotton Mills, 24 \n act to incorporate Jamestown of Sapona Iron Company, 25 \n act to increase capital stock of North-Carolina Chemists, 26 An act to incorporate Company NAVIGATION COMPANIES— 18o8-'59, 28 An act to amend U3d Chap. Acts River Transportation Com- An act to incorporate the Deep 29 pany, ----'"' RAILROAD COMPANIES- Shelby and Broad Riv- An act amendatm-j- of net to .hnrter 11 ef Railroad. - - II INDEX TO PKIVATE LAWS.

PAGE. ROADS— Sess. 1864-'65. An act to amend an act to charter Hickory Nut Turnpike

Road, - . -• 31 An act to amend the charter of the Greenville and Ashville Plank Road Company, -3^ SHERIFFS— An act in relation to collection of arrearages of taxes in

Nash and Robeson, ^ - - 32

An act for relief of H. B. Guthrie, - - •» •« - 3S TOWNS—

An act authorizing sale of lots in town of Webs,t-er,, ' -- 355 An act to authorize Mayor and Commissioners of Fayettcville to supply the town with water, 34 MISCELLANEOUS—

An act to incorporate the Trustees of the Orjjhan Fund, - 37 An act to repeal an act to prevent obstructions in Big Swamp, 37 An act to incorporate the Confederate Publishing Company, 38

An act to incorporate Blackmer Lodge, - - - - 39

An act to incorporate Oak Hill Cemetery, - - - - 39

An act to incorijorate Pee Dee Lodge, - - - - 41

' . An act to incorporate Leakville Lodge, - - - - 42

An act to incorporate William R. Davie Lodge, - - 43

An act in favor of James D. Wynne, - - - - 43

An act to incorijorate Stokesburg Lodge, - - - 44 RESOLUTIONS—

In relation to payment of taxes by John Rhem, - - - 45 In favor of R. P. Melvin, 46 In favor of W. M. Ray, ...... 4(\ In favor of W. W. Holden, 46

In favor of D. King, - - -- 46 In relation to Doorkeepers, 47 In favor of Jos. W. Steed, 47 In favor of Power, Low" & Co., ----- 47 In favor of J. S. Montgomery, .---.- 48 In favor of Messrs. Creech & Litcliford, - - - - 48

In tavor of V. Atkinson, - -•- - - - -49 In favor of W. A. Marony, 49

In regard to Salisbury Distillery, - - - - - 49 In favor of D. M. Ray, 49 In favor of W. S. Webster, 50 PUBLIC LAWS

OF THE

STATE OF NORTH-CAPiOLIM,

PASSED BY THE

GENERAL ASSEMBLY,

AT rrs

ADJOURNED SESSION OF 1865.

JBy order of the State ConLvention,

KALEIGH: CANNON & HOLDEN, PRINTERS TO THE CONVENTION.

PUBLIC LAWS,

OF NORTH-CAROLINA, 1865.

CHEROKEE LANDS.

AN ACT IN RELATION TO CHEROKEE LANDS. Chap. 1.

of th© Section 1. Be it enacted ly the General Assembly of the Duty State of North- Carolina, and it is hereby enacted by the authority of the same, That it shall be the duty of the agent for the collection of Cherokee lands to grant a certificate of purchase to any one who may have purchased said lands for any tract of land lying in the counties of Jackson, Ma- con, Cherokee or Clay, whenever it shall be made to appear to the full satisfaction of said agent that the principal and security are both or all insolvent, or have fled from the county, leaving no property behind them out of which the purchase money may be collected. Sec. 2. Be it further enacted, That it shall be the duty i)nty of th« of the Secretary of State to issue a grant for any lands so stuu/"^ conditioned to any one preseating the certificate of said agent as a receipt for the payment of the same. Sec. 3. Be it further enacted, That all laws coming in conflict with the provisions of this act be, and the same are hereby repealed. [^Ratified the 1th day of Fehiuary, 1865.] * 1865. Chap. 2-5. I

* " COUKTIES.

Cliajp. 2. AN ACT to GIVE JDItlSblCTlON TO TEE STJPEKIOK COUKT 09 ifiiRO^ CODNTY.

To try all cases Section 1. Be it enacted ly the General Assembly of the of capital felonies. State of North-Carolina^ and it is hereby enacted by the authority of the mme, That the superior court of law for tho county of Wilson shall have jurisdiction to try and determine all cases of capital felonies committed in counties within the enemy's lines, or in counties so threatened by the (Cipemf that courts are not held therein, when the party

,ohar^e4 is iconiiped in the jail of said county ; and it shall he the dAity ,of th/e clerk of the court of the county where

the indictment .was found, to transmit the record as is now provided by la,w in the case of the removal of causes, and Ihe clerk of .either .court ali all haye power to issue sub- poenas. Sec. 2. ^e it further en.acted^ Tliat this act shall be in

•force from and after its ratification. [^Ratified the 7th day of February, 1865.]

Cha/p. 3. AN ACT TO KESTORE JDKY TRIALS IN CERTAIN CIVIL CAUSES TO THE COURT OF PLEAS AND QUARTER SESSIONS OF OHOWAlSr COUNTY.

Preamble. Wherfas, Superior courts cannot now be holden in and for the county of Chowau, because of the presence of the

public enemy :

Exceptions Section 1. Be it enacted by the General Assetnbly of the epecified. hereby enacted by the State of No I th- Carolina, and it is authority of the same. That the court of pleas and quarter sessions of said county shall have and exercise the same jurisdiction, to ihear, try, and determine all civil causes, (except suits or actions for debts, or demands due on bonds, promisory notes, bills of exchange, judgments, accounts,

;and all other private contracts for the payment of money, other than attaclanents against absent or absconding deb-

itors,) as the^aid court had and exercised befoie the passage 1865. Chap. 3. I

of an act at the second extra session of the General Assem- bly in 18G1, entitled, "an act to change the jurisdiction of the courts, and the rates of pleading therein." Sec. 2. Be it further enacted, That when any person Phiintifforde- either plaintiff or defendant, or who shall be interested, shall Sptuo'^il'. be dissatisfied ^""'""'^ ^'"^''*' with the sentence, judgment, or decree of said court of pleas and quarter sessions, he may pray and appeal from such sentence, judgment, or decree, to the supreme court under the laws, rules, and regulations governing appeals from the superior to the supreme court ; but before obtaining the same, he shall enter into bond with sufficient security, for prosecuting the same with effect and for performing the judgment, sentence or decree, which the supreme court shall make a pass therein against him: Pro- vided, That when superior courts are again liolden in said Proviso, county, the right of appeal hereby given to the supreme court shall cease, and appeals shall be granted to said superior courts under the laws, rules and regulations, governing appeals from the courts of pleas and quarter sessions to the superior courts.

Sec. 3. Be it farther enacted. That whenever a person, incaseanv plaintiff or defendant or other '^^" person interested, in any suit ^'''T'' pending in said court of pleas and quarter sessions shall ex- i'^" to the '"'' cept to the opinion of the court trying the cause, and the Comr same shall not be allowed, the party making the exception shall commit the same to writing, and require it to be signed and sealed by some one of the justices of the court before whom the said exception is taken, and the justice shall sign and seal the same which bill ; of exceptions, so signed as above shall constitute, a part of the record. Sec. 4. Be it further enacted, That on or before the first Duty of the day of February next, the clerk of the superior court shall ^^^'^^^^^^^^ return to the clerk of the court of pleas and quarter sessions Court"'" ofsa.d county the transcripts and original papers of such causes, filed in his office under section 5, chai)ter 10 of the public laws passed at the second extra session of the Gen- eral Assembly, in 1861, of which the said court of pleas and quarter sessions has jurisdiction under the provisions of this act. 1865.- -Chap. 3—4—5.

Repealing Sec. 5. Be it further enacted^ That all laws and parts of clause. laws conflicting with the provisions of this act be, and the

same are hereby repealed ; and that this act shall take efl^ect

and be in force from and after its ratification. \_Ratijie,d

the (jih day of Fehruary, 1865 ]

Chap. 4. AN ACT ENTITLED AN ACT TO AUTHORIZE THE MAGISTRATES OF ALAMANCE COUNTY TO LEVY A TAX FOR THE SUPPORT OF THB FAMILIES OF SOLDIERS.

One third Of SECTION 1. Be it enacted hv the General Assembly of the must be pres- State of North- Carolina, and it is hereby enacted by the avr- thority of the same, That the magistrates of Alamance county, one-third being present, shall have power to levy and collect from time to time, as in their discretion may seem best, taxes for the support of families of soldiers.

Sec. 2. Be it ftirther enacted, That this act shall be in force from and after its ratification. [_Iiatified the 7th day of Fibruary, 1865.]

Cha^. 5. AN ACT AUTHORIZING THE COUNTY COURT OF JACKSON TO ELECT A TAX COLLECTOR FOR SAID COUNTY.

the A majority of Section 1. Be it enacted by the General Assembly of justices must State North- Carolina, and it is hereby enacted by the au- be present. of thority of the same. That the county court of Jackson, a majority of the justices being present, may appoint or elect a tax collector who shall have all the powers that now are allowed sheriffs to collect taxes, and be subject to all the pains and penalties to which sheriffs are liable for misde- shall take eff'ect from and meanor in office ; and this act

after its ratification. [Batified the ist day of February^ 18G5.]

'1 1865. Chap. 6—7. an act m begaed to the justices of the peace in the ooun- chap. 6. ty of pasquotank.

the General Assembly of the Section 1. Be it enacted ly g^J^^^*» State of North Carolina^ and it is hereby enacted by tJie authority of the same. That for all purposes when a majority of the justices of Pasquotank county are necessary for the transaction of public business, it shall be the duty of the sheriff to give fifteen days public notice of the same, by posting up notices at each election precinct in said county, requesting the attendance of the said justices.

Sko. 2. Be it further enacted. That after such notice shall Failure of a majority of 1 1 . T .. /.I'i^'j L L have been given and a majority ot the justices do not at- justices to ''"''''^• tend, it shall be lawful for those present to act upon all matters now requiring a majority.

Sec. 3. Be it further enacted, That this act shall be in force from and after its ratification. \_Eat'fied the 6th day €f Februa'i'y, 1865.]

AN ACT TO AUTHORIZE THE COUNTY COURT OF SUERY TO ELECT Chap. 7. WARDENS OF THE POOR, AND FOB OTHER PURPOSES.

Whereas, At the February term of the court of pleas Preamble, and quarter sessions held for the county of Surry, on the second Monday in February, 1864, no election was made for wardens of the poor as required by law. Therefore,

Section 1. Beit enacted by the General AasemUy of the ^^^^l^^^^^^^^ tbrce years. State of North- Carolina, ana it is hereby enacted by the authority of the same, That the county court to be held for the county of Surry, on the second Monday in February, 1865, a majority of the justices being present, have full power and authority to elect wardens of the poor, under the same rules and regulations as are now prescribed by law, and that the said wardens, so elected, shall hold their offices for the space of three years and no longer. Certain acts of Seo. 2. Be it further enacted. That the acts of Charles Whittock, Joel Hart, Gideon Bryant, Samuel II. Taylor, fled. Thomas Z. Ilamlin, Jubal Manar and James Greenwood, or a majority of them, acting as wardens of the poor for the 1865. Chap. T—8—^.

said county of Surry be, and the same are hereby ratified and legalized to all intents and purposes, as fully as if they had been duly elected at the time and in the manner prescribed by law.

Sec. 3. Be it further enacted^ That this act shall be ia force from and after its ratification. {Ratified the Uh day of February^ 1865.]

Cha/p. 8. -A^N ACT IN BEGARD TO THE HOLDING OF COUETS IN AND FOE THE COUNTY OF BRUNSWICK.

May be held at SECTION 1. Be it enacted by the General AssemUy of the nient place. State of North- Carolina, and it is hereby enacted by the ait- thority of the same, That hereafter, until otherwise provided by the General Assembly, the court of pleas and quarter sessions, and also the superior courts of law and equity for the county of Brunswick, may be held at any convenient place in said county, which a majority or seven of the justices may select, the justices to be called together by the chairman for that purpose. Seo. 2. Be it further enacted, That this act shall be in force from and after its ratification. {Ratified the 1st day of tebruary, 1865.}

Chjjp. 9. AN ACT TO ALLOW FIFTEEN MAGISTRATES TO TRANSACT THB COUNTY BUSINESS FOR HALIFAX COUNTY.

Grants neces- SECTION 1. Be it enacted by the General Assembly of the saryau on y g^^^^ ^j: North- Carolina, and it is hereby enacted by the authority of the same, That fifteen of the acting justices of the peace in and for the county of Halifax, shall have power to levy taxes, allow claims, elect such officers as courts of pleas and quarter sessions are allowed to elect, and to

transact all other county business in and for the county of Halifax, which may now by law require the presence of a majority, or one-third of all justices of said county to transact.

Repealing Sec. 2. Be it further enacted. That alt laws and clauses c ause. ^^ j^^g conflicting with the proYisions of this act, be,, and J

1865. Chap. 0—10—11. the same are hereby repealed, so far as their apph'cation to the county of Halifax. Sec. 3. Be it further enacted^ That this act shall be in force and effect from and after its ratification, [_l\atified the Zd day of February, 1865.]

AN ACT IN RELATION TO THE DELIVERY AND EXECUTION OF PRO- Chop. 10. CESS IN THE COUNTY OF JONES.

Sf-ction 1. Be it enacted T)y the General Assembly of the Fenaitics re- State of North- Carolina^ and it is hereby enacted by the au- the war. thoriiy of the sartoe, That during the existing war, the clerks, sheriffs, and other officers of the county of Jones shall not be subject to any penalties or liabilities for failing to deliver Proviso, or execute process : Provided^ it shall appear that the delivery or service of such process was prevented by a military force acting in such county.

Sec. 2. Be it further enacted, That this act shall be iri force from and after its ratification. \_Ratified the Qth day qf February^ 186 5.

AN ACT DECLARING WHA.T NUMBSE OF JUSTICES OF THE PEACE OF Chajp'. W, THE COUNTY OP COLUMBUS SHALL CONSTITUTE A QUORUM IN ALL

CASES WHERE ONE THIRD IS NOW EEQUIEED.

Section 1. Be it enacted' by the General Assembly the qf ^^pf simn^con- State of North- Carolina, and it is hereby enacted by the au- stuute a quo- thoriiy of the same, That twelve justices of the peace shall constitute a quorum to do any business for the county of

Columbus, where one-third is now required, except that of laying taxes for said county, which shall require one-third as heretofore.

Sec. 2, Be it further enacted^ That this act shall be in force from and after its ratiljcatio'.J, and continue in force only during the present war. [^Ratified the 1st day of Feb- ruary, 1865.] 10 1865. Chap. 12—13.

chap. 12. an act to give the county couet of pitt jurisdiction in the be-establishment of last will&

SriSio?^ Section 1. Be it enacted hy the General Assembly of the with Courts of State of North- Carolina., and it is hereby enacted hy the autr thority of the same, That the county court of the county of Pitt shall, upon petition filed, have like jurisdiction with courts of equity in the re-probate and establishment of wills heretofore admitted to probate, and lost or destroyed by the public enemy on the 19th day of July, 1864, before being recorded.

Sec 2. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the \si day of February., 1865,]

Chap. 13. AN act foe the relief of such persons as mat suffer feom the burning of the court house and eecoeds of buncombe COUNTY.

Preamble. Wheefas, On the 28th day of January, A. D., 1865, the court house and part of the public records of the county of Buncombe, were destroyed by fire ; and whereas, great inconvenience and injury may happen therefrom to the peo-

ple : Therefore, and for remedy whereof.

Extends form- SECTION 1. Be it enacted by the General Assembly of the ^''^^^ North- erabrac(? Bun° of Carolina, and it is hereby enacted by the avr combe county, thority of the sarae, That all the provisions of an act entitled "an act for the relief of such persons as may gufier from the burning of the court house and records of Hertford county," and ratified the 20th day of December, A. D., 1862, be extended so as to embrace the county of Buncombe to all intents and purposes, so far as the same may be applicable to said last named county on account of the destruction of the court house and public records and ofiice papers of said county of Buncombe by fire, on the 28th day of January, A. D., 1865, and all persons who may sufier, or be likely to suffer from such loss or destruction of the records or the office papers of said last named county, shall and may have the same benefits and remedies, provided in said lasi 11 1865.—Chap. 13.

mentioned and -^ '°^'"j'^^ n..med act, and the act act and the"fsa.d ac m of said last named ; tiftoenth section embrace the so extended as to last named section is the !ri^:l so far a comvofBuncombetoall intents and purposes applicable to the records and hrpLtions of the same are acconnt of the connty of Buncomb. on office papers of said fire as aforesaia. destruction ofthesameby _ a tcmponrr ces of the,,,„ ij,,^, enacted, That the just .„„,., Sec 2 Beit fuHher the sa.d county o pkas and quarter sessions of court of tempomrj-cou ha'e power to provide a Z o, btshall Asheville --J,<=-";j in the town of -. ' ;^' '^ Touse the new until such tune !> convenient point to be used, provide such tenrpora.y honse'ean be erected ; and to con t necessity may time as occasion or con house from time and quarter sessions u- l.re: And the courts of picas of equity of and for -cl^ "erior courts, and courts court house, at such temporary shall he held as heretofore, court house can he P"'"""'*'''- until a permanent had, . p^cccdins. That all proceedings ^^p^,^ Seo 3 Be it farther enacted, of at least any special clirt composed by f^^XZêclerk of the entered of record by the the peace, and duly special court or the direction of said con.Cco«rtnndei property immediate preservation of such the purpose of the saved from the work of iron, &e., as may be brbk Le, ar destroyed, be, and the same h tid :o;rt ho'use ô and made lawful and binding hereby in all thin^^s ratified tb-s provision s of Buncombe, : Provided, ort'connty suci special court held toi to any action of any not apply that time of the county court "irpose, after the first regular such burning. may come next after P„,,„, ,, Be itfurtker enacted, That Uic ''"^^ L.i. institute^^^ ^^^û'^^^^^' may, in their dis«retiun, the county of Buncombe of the ...,.;.. ..;. said county, in the name suttin tliLuperior court of agaii. a^ -u„..e. benefit of said -unty State, for the'use and act or "-=g>'g™ "-"^"^ person or persons where ni.lawful opportunities for afforded means or may in any way have -cover such ac.ua damage trburningof said house, to may have sustained by suck as said county of Buncombe burning. 1865.. Chap. 13-14.

Sec. 5. Be it further enacted^ That this act shall be in force from and after its ratification. \Ratijied the 1th day of February, 1865.]

MILITIA.

Cha/p. 14. AN ACT TO AMEND AN ACT ENTITLED AN ACT TO INCREASE THE EEFICIENCY OF THE HOME GUARD ORGANIZATION.

Section 1. Be it enacted hy the General AsserrMy of the State of North- Carolina, and it is hereby enacted hy the authority of the same, That the Governor, whenever he deems it expedient may reorganize the guard for home defence, by causing two or more companies to be consolidated into one; so as to make not less than sixty-four men rank and

file to each company : Provided, hoiocver. That if there are not sixty home guards in any one county, that such number as may be, shall be incorporated into a company; the said companies when so consolidated shall have the privilege of electing their company officers from the rank and lile of said companies, and such officers as shall not be elected for service in said company shall be required to perform service as non-commissioned officers or privates, under the '?ame rules and regulations as other non-commissioned officers and privates are required to serve, and whilst so serving, their commissions shall be suspended. Sec. 2. Be it further enacted. That the Governor may in like manner, cause two or more battalions or regiments of

home guards to be consolidated ; said battalion when so consolidated to be composed of not less than three companies, and said regiment when so consolidated of not more than ten companies; that the rank and file shall elect their

, field officers, and all field officers who shall not be elected, their commissions shall be suspended, and they be required to perform' duty in the ranks as non-commissioned officers and privates.

Sec. 3. Be it further enacted, That in addition to the exemption mentioned in the second section of an act in relation to the militia and guard for home defence, ratified 7th 1865.—Chap. U. 13

July. 1863, there shall be exempt one cotnmissloyier to each xjounty appointed under afi act entitled an act for the relief of wives and families of soldiers in the army, the attorney general, solit;itors for the several circuits and counties, county trustees, cou^ity surveyors, physicians of five years prac- tice, one editor to a newspaper, and necessary compositora and employees, to be certified to on oath by the editor, mail carriers, professors in colleges, and teachers who at the passage of this act had, and shall continue to have twenty scholars, the necessary skilled operatives in factories and foundries, regular public millers, and blacksmiths, and wheelwrights who have established shops, regular public "tanners, and shoemakers, and one overseer to the poor of

'ea'Ch county: Provided^ All the tradesmen thus exempted Proviso, shall be skilled ic their respective trades, and were employed in the sam'e prror to the 1st of January, 1864, and have continued to be so employed since that time, except public millers who shall be exempt whenever they are so

-engaged, unless it shall appear that owners of mills have

turned ofi' their millers and gone in themselves to evade Pi^vUo the service, then such -owners not to be exempt : Provided^

That the exempt'ions oil this act shall not apply to home guard officers, commissioned under this act, but shall apply to officers of the home guard and militia, who are required under this act to serve in the ranks and who would be enti-

tled to exemption if they did not hold commissions : And provid-ed ficrther, Tliat no provision of this act nhall be con* strued so as to exempt any person herein mentioned from home guard duty in the county in which he resides.

Sec. 4. Be it further enacted. That all laws, and clauses Hcpcmiio;» ' ... clause, of laws, coming in conflict with this act be, and the same are hereby repealed.

Sec. 5. Be it further enacted^ That this act shall be in

force from and after its ratification. \_RaiiJied the Ilk day of FchruaTn/^ 1865,] 14 1865. Chap. 14- 15.

PUBLIC KOADS.

Chap. 15. -A-N ACT TO INCREASE THE PENALTY FOR FAILING TO WORE ON PUBIIO ROADS, AND TO PROVIDE FOR THE COLLECTION OF THE SAME.

Fine of $10.00 Section 1. Be it enacted hy the General Assemhj of the imposed. State of North- Carolina., and it is hereby enacted, hy the authority of the sa7ne, That for all failures to work on public roads, upon due notice given by the overseer, the par-

ties so failing, shall forfeit and pay ten dollars for each fail-

ure, unless it be made to appear that such failure was un- avoidable.

How collecta- Sec. 2. Be it further enacted., That the penalty herein ble. imposed shall be collected by warrant, returnable before a

justice of the peace, within thirty days from the date of its issue, and upon judgment being rendered, execution shall issue forthwith.

Sufficient evi- Sec. 3. Be it further enacted., That the oath of the over- deuce. seer, that due notice was given, and of the failure to attend and work, shall be suthcient evidence against the parties so failing.

Repealing, Sec 4. Be it further enacted, That all laws, or clauses of clause. '' laws, coming in conflict with this act are hereby repealed,

and this act shall be in force from and after its ratification. \_Ratified the 1th day of February., 1865.]

Chay. 16. • AN ACT CONCERNING ROADS.

Overseers Section 1. Be it enacted ly the General Assembly of shall be appointed. the State of North- Carolina., and it is hereby enacted hy the authority of the same, That when any court shall order the laying out of any public road within this State, and the jury appointed for that purpose, shall make a report locating the

same, the said court at the term to which said report is made, or at any subsequent stage of the proceedings, no valid objection appearing as to the location of the road except such as may arise upon the question of the quantum of damages assessed to the owners of the soil over which the ' 1865. Chap. 16-17. 15

road passes, it shall be the duty of the court to appoint an overseer or overseers with a sufficient allotment of hands to open and clear out the said road, who shall make his or their report to the next term of the court, and if any person over whose land the road passes shall make it appear to the court that the damages assessed by the jury are insuffi-

cient, or if the court shall deem them excessive, it shall bo the duty of the courts in either case to appoint five disin- Dutyoftbe terested freeholders residing in a different part of the country from that in which the road is located, to be accompanied by the sheriff, and sworn by him to view the land, assess the damage and report their proceedings to the next term of the court, which report shall be subject to the same orders bj the court as reports by juries now are.

Sec. '2. Be it further enacted^ That this act shall extend Pnniew oi *^'^ ^^' to, and include all cases now pending in the courts of this State on petition for public roads, and shall be in force from

and after its ratification. {Ratijied the 'otli day of February^ 1865.]

PUBLIC TREASURER.

AN ACT MAKING THE CHIEF CLEKK IN THE TREASURY DEPART- (JJiap, IT. MENT A COMMISSIONER OF AFFIDAVITS FOR CERTAIN PUR- POSES.

Be it enacted lu the General Assemhly of the State of ^'^^'-^^'^^^ }}^'*-'^.*: JSortli Carolina^ and it is hereby enacted hy the authority of the samCy That for the purpose of administering oaths to sheriffs, verifying their accounts for mileage and per diem, in comparing the polls in the elections of members of the General Assembly and members of Congress, the chief of

the treasury department is hereby constituted a commissioner of affidavits, \liatified the \st day of February, 1865.] 16 1S65.—Chap. 18—19. •'Trig

REVENUE.

CTia^. 18. AN ACT TO AMEND AW ACT ENTITLED " EEVENUE.'*

Amends para- ^^ «^ enacUd hy the Genenxl Asserribly of the State of ^^'^' is authority ^(m m' N^orth Carolina^ and it hereby enacted hy the of

the same ^ That paragraph one, section seventy-nine of the act entitled '• revenue," ratified on thi 23d day of Decem-

ber, 1864, be amended so as to read as foPows, to wit : every corporation that might become incorporated by letters patent under the provisions of chapter 26th of the revised code, entitled " corporations," but shall fail to do so and apply to the General Assembly and obtain a special act of incorporation, or shall obtain an act to amend their charters

whether it had been secured by letters patent under said law or by a special act, five hundred dollars for each act to incorporate or to amend, which tax shall be paid to the Treasurer of the State. \_Ratifi(id the %th day of J^ehruary^ 1865.]

SALARIES AND FEES.

Chap. 19* AN ACT TO AMEND " AN ACT IN RELATION TO SALARIES AND FEES) KATIFIED THE 14tH DAY DECEMBER, 1863.

Amends sec- SectioN 1. Be it further enacted hy the General Assembly of the State of North Carolina, and it is hereby enacted by auihcrity of the same, That the second section of said act ratified the 14th day of December, 1863, be so amended

that the said section shall read as follows : For the year one thousand eight hundred and sixty-five, the several State oflicers herein named, shall receive salaries or compensa-

Salaries of vation as follows, to wit t The Governor of the State fifteen

tpe^lfied.^*^^^ thousand dollars \ a counsellor of State forty dollars per day for every day he may attend on public business, and thirty ceiits for every mile be may travel to and from the city of Raleigh on pubHc business; the judges of the superior and supreme courts seven thousand dollars each in lieu of all

pay and allowances heretofore given ] the public treasurer — ;

1865.-^ Chap. 19. 17 seven thousand and five hundred dollars; the chief clerk of the treasurer three thousand and rive hundred dolhxrs; the second clerk of the treasurer two thousand and live hundred

dollai's ; the secretary of Stare three thousand and live hundred dollars and four times the fees of office and allowances lieretor'ore given by law; the comptroller of public accounts three thousand dollars; the clerk of the comptroller two thousand and five hundred dollars ; the private secretary' of the Governor two thousand and live hundred dol-

lars, and four times the fees now allowed by law ; the at- toi'ney general five hundred dollars for his attendance on each regular term of the supreme court and one hundred dollars Ibr each term of the superior court of any count}' he shall attend, and four times the fees now allowed by law each solicitor of the State one hundred dollars for every term of the snperior court of any county he shall attend and four times the fees now allowed by law; the reporter of the decisions of the supreme court one thousand and five hun-

dred dol ars ; the clerk of the supreme court one thousand and five hnndi'ed dollars, and four times the fees now allowed by law; the marshal of the supreme court fifteen dollars per day while in attendance npon the sujircme court; the clerks of the count}', county solicitors, clerks of the su-

perior courts of law, clerks and masters in equity, sherifi's, eounry surveyors, coronors, constables, registers, rangers, enti-y takers, processioners, standard keepers, and inspec-

tors, four times the fees now allowed by law : Prcvlded^ That clerks and masters in equity shall be paid double the

allowances now autliorized by law; ti»e State salt commissioner three thousand dollars and travelling expenses not to

exceed two thousand doll;n-s : the surfjeon tceneral the rank

aiid j>;iy of brigadier general in the field, with his neces.^ary travelling expenses, v»d)ilst travelling on business pertaining

to his oHice not to exceed two thousand dollars ; each of the

clej!::i in tin; adjutant generalVdepartment shall receive such

pay, not exceeding fifteen hundred dollar.:i, as iIjc adjulaiit

general shall deterniino, and one ration ; the auditor of p\ib- lic accounts four thousand and five hundred dollars; tho

chietclerk of the auditor three thonsand dollars ; the second clerk of the auditor ouo thousand and five hundred dol- 2 18 1865. Chap. 19—20—21,

lars ; the superintendent of the common schools two fhon* ' sand and live linndied dollars; the public librarian onor

thousand and live hundred d(;llars ; the koepor of the capitol one thousand and live hundred dollars; the adjutant

general tlie paj of a major general while serving in ther

field ; the commissioners of the sinkinrj fund, and their clerk tit'tj dollars each per day for every day they may attend on public business; Provided^ hoioivcr^ That no hing' in this act contained shall be construed to increase the rate

of commissions now allowed to any of the otlicers aforesaid r Provided^ also, That salaries and fees herein mentioned shall be due and payable in Confedei-ate i!)oiioj.

Skc. 2, Be it further enacttd. That this act shall he \vt force from and after its ratidcation. \_Patiflcd the lih day Fth'uary, ^ of 1865.]

SECRErAIiY OF STATE.

Chap. 20» AN ACT TO AUTHORIZE THE SECKETARY OF STATE TO EMPLOY A CLERK.

Grants neces- JBe it enacted iy the General Assemoly cf the State of ry au on y ]\^q^(Ji Carolina, and it is Iter thy enacted by the authority of the same. That the secretary of State be, and he is hereby authorized to employ a clerk. \_Llatifed the 1st day of February, 1865.]

SWAMP LANDS.

Chap, 21. AW ACT TO PROVIDE MORE EFFECTUALLY FOE RECLAIMING SWAMF LANDS^

Preamble. Whereas, A large portion of the lands lying on rivers,- creeks, branches and in pocasins, are useless in their present condition for agricultural purposes, and productive of

disease ; and, whereas, draining said lands would greatly enhance their value, and be a public benefit and advantage in the production of grain, and promote the best interest of 1S65. CuAP. 21. 1>

tlie owners ; and, wliereas, it is impracticable even wlicn the public gcood demands \K to chtaiu the consent o\' ixW or eoiiiu of said owners to ji)in in and contDbulo with tiicir

!alj<«r to an enterprise so "well calcuUited to pronjotc tltc ipuhlic as well as private interest.

Sic HON 1. Therefore, the Gtneral AssemMv nf ^<>rf)c A petition Varvfuia do enact, ihat whenever a innjoriry of tlie owners <>t'"!5uch hinds join in a ])Ctiti«in to the coui-ts of jde^isand tjnarter sessions of the couiit}^ where the Uin'<^s lie, of where

the said hinds lie in different counties to the«nj>erior conrts of law or courts of equity of either tf said cowiiiies, ntitifjing the other owners thereof-, and settino;fort'1t the lands they de eire siiould he reclaimed and all the material facts in rela. tion thereto, it sliail be th.e dtily of the court when the ]>eti- tion may bo filed, ro hear the i^arties, to appoint live disinterested freeholders tomniissionors, who or majority oi,' wluirn being first did v sworn by the sheriff to whivin. the. itrrit is directed, shall proceed to examine the lauds sought

to be drained, aftd l.iy off the canal or ditch neceesary to. drain said lands to the best advantage and with the least pos^ible daiYiagc, detriment and inconvenience to the. owners of said lands, and assess whatever damage any at" "the parties interested may sustain by reason of the canal or ditch to be cut for reclaiming the hmds of tiic said parties, and the labor which each of the )\irties concerned shall contribute towards the undertaking; and report their pro- cee

ties performing it ; after due notice to the defaulter; and irt case said defaulter refuse to pay the value of said labor, that the petitioners and such of the defaulters as agree there- to in such proposition and amounts as the court shall ad- judge, shall ])ay the same. fn cases where Sec. 4. Be it further enacted, That in cases where the creckTsaVi^° ^'^^^^ of the rivcr or creek is the dividing line between par- ^idiugiiue. ^Iqq^ r^j^fj ijie commissioners aforesaid for the more effectual and advantageous draining the lands thereon, lay off the canal or ditch so as to straighten the run, and put the land of either of the parties on a different side of the canal from

the old and former rui:, the old run shall still be regarded

as, the lino, and the owner shall have the right and privilege of erecting bridges and foot ways across the canal or ditch so changed from the old run, at the expense of the parties ta

the petition ; the amount to be ascertained by the court in an action on the case or by a reference to commissioners.

Costs. Sec. 5. Be it further enacted, That the costs in the aforesaid petition cases shall be paid by the petitioners.

Sec. 6. Be it further enacted, That the commisioners in estimating the damages, shall take' into consideration the" benefits that will accrue to the owners of the lands drained. {^Ratified the Wi day (f February, 1865.]

TOWNS.

Chap. 22. AN ACT TO INCKEASE the powers op the COMMIS3I02TEES OF GKEENSBOEOUGH.

Autborizcs the SECTION 1. Be it enacted Ijij the General AssemUy of tht ers°t™ievyand State of NOfth- Carolina, and it is herehj enacted hj the au- coikct certain lawful for the commis- .j^^^i^y ^f tj^^ ^ame. That it shall be sioners of the town of Greensborough to levy and collect such tax as they may deem'just and necessary for the improvement and good government of the town aforesaid, on arti- all such persons, property, rights, fi-anchises, and other cles, or subjects of taxation, as the Legislature of the State may have taxed at the session last preceding the day, upon which the commissionerSj aforesaid, shall levy the tax for the 1S65. Chap. 22—33. 21

use and benefit of the town aforesaid : Provided^ nevertheless, That nothing herein shall be so construed as to give to the commissioners aforesaid the right to levy or collect a tax from any person, property, right, fi-anchisd, or other articles or subject of taxation from which the Legislature has prohibited the county courts of the State from taxing for county purposes.

Sec. 2. Be it further enacted. That the commissioners Thestreete of aforesaid shall have power and authority to widen, extend, the town, and otherwise improve the streets of the town, and to con- demn or purchase such property as they may deem neces« sary for these and other purposes of improvement and pub-

lie convenience ; the damages in all such cases to be ascertained by a jury to be empanelled, in the the usual way, tip- on the premises. Sec. 3. Be it farther enacted. That this act shall be in force from and after its ratification. {Ratified the bth day of February^ 1865.]

AN ACT EST REFERENCE TO THE TOWN OF KINSTON. Chajp. 23,

Be it enacted hy the General Assenibly of the State of Additional po> ^'^'^^'^^ North Carolina, and it is hereby enacted by the authority of the same, That immediately after the ratification of this act, the ma3'or and commissioners of the town of Kinston be authorized to employ for the police and better government of said town, an additional policeman ; to prescribe his duties and the term of his qualification, and also to provide such compensation ont of the funds of the corporation as they may hold to be proper: Provided, That this act shall not Proviso, be so construed as to exempt any person tiow liable to service in the armies of the Confederate States under existing laws. {Ratified the 7th day of February, 1865.] £2 1865. -Chap. 24—25.

Gha/p. 24. AN ACT to LFGALTZR THE ELECTICN OF THE INTENDANT AND THREE COMMISSIONEKS OF THE TOWN OF MONKOE, IN TIJE COUN- TY OF UNION.

Preamble. Section 1. Beit enacted l>y the General Assemhly of the State of Ncrih- Carolina^ and it is herthy enacted, hy the au-

thority of ihe same, That, whereas, 1)}' an act of tlie General Assembly, the town of Monroe was incorporated and the })ow* cr was granted to elect an intendant and three comniisjsioners by ihe legal voters, residing within the corporated limits of said town between the first and tentli day of January, in each

and every year ; and, wherens, an election was held on the

1-lth day of January, I860, instead of between the lirst and the tenth of said month, electing one intei>dant and three Election dc- coir.missioners : he it enacted. said election oUrcd valid. Therefore, That so held on the 14th day of January, 1S65, be, and is heit^by

declared to be legal and valid as if the same had been held between the iirst and tenth day of January in each and every year. I Sec. 2. Be it farther enacted. That this act shall be in

force from and after its ratiticatioii. {_BatiJied the \sL day of February, 1805.]

Chan. 35. an act to amend toe l\ws—kegui.atino titr appoin'jment op FL UR inspectors FOR THE TOWN OF FAYETrJiiVILLE, AND FEES TO BE CHARGED FOR THE SAME.

Mayor and S'^cTioN 1. Be it enacted hy the Genen I Assemhlij of the Commission- ers shall ap- Sta.e of North- Carolina, and it is hereby enacted hy the au- point inspectors. thority of the same. That in addition to the inspectors authorized \y the law to be apj>ointed by the justices of the court of pleas and quarter sessions of Onmberland county, that tlie mayor and commissioners of the town of Fayettc- ville shall have ]io\ver to a|)point not more than three flour

inspectors in said town ; and that the ins]»ecfors of flour

thus jippoiT)ted shall take tlie oath bef-re sonie justice of the peace, jiresci':i)ed by law for his qualification, and shall have power to inspect flour, and brand the casks containing 1S65.— Chap. 25. 23

the same, under the same rules, recrnlations and restric'iong as are prescribed by law for the inspection of tlour in this State.

Sec. 2. Be it further enacted. That the inspectors tluirf JH'l^^gfvT appointed sliall give bond in such sum as the mayor and ^'^"'^• conjmissioners may deem sufKcient to secure all the parties

'intei-ested tVoin all loss or datn-ige, for the safe keeping and

deHvery of all flour entrusted to his harids ; to keep a faithful and correct account of the flour inspected by him, and faithtuUy to account for and pay over to the said mayor

and commissioners all such fees and warehouse charges, for storage ;ind inspecfion as may he received In' hiiri or any other person for him, as well as to deliver to the owners all the flour according to the manifests or tickets issued by said

inspector, in quality and quantity as received ; in ail things truly and faiihfully to discharge the duties of his otiice, which bond shall be made payable to the "mayor and commissioners of the town of Fayetteviilc," and every person injured, tnay institute a suit or suits against said inspector and his sureties upon said bond for the faithful perfor- mance of the duties of his oiHce in the name of the maj'or and commissioners to whom the bonds are made payable without any assigr;ment thereof; and no such bond shall

become void upon the first recovery, or if judgment shall be given for the defendant, but may be put in suit and prosecuted from time to time, until the whole penalties shall be recovered — and any justice of the peace may give judgment upon said bond for any sum within the jurisdiction of a justice of the ])eace with costs.

Skc. 3, Be it further enaded^ That the maj'or and coin- Fcea. missioners of the town of Fayetteville may regulate the fees to be chargt'd from time to time, according to the value of the flour and the condition of the currency, as well as the

length of lime it may be kept in store. The price of inspection not to exceed one per cent, on the market value of the flour at the time of inspection.

iSko. 4. Be it further enacted. That the flour shall be in-

epecied at the dop<,t when so ruquired by the owner : Pro- vidid. That the inspector shall not be res[)onsib!e for fluur when inspected at the depot. S4 1865. Chap. 25—26—27.

Sec. 5. Be it further enacted^ That this act shall be in force from and after the passage thereof. \_Ratified the Isi day of February^ 1865.]

Chap. 26. AN ACT TO AMEND THE CHAKTEB OF THE TOWN OF SALISBURY.

Tax upon re- Section 1 . Be it enacted hy the General Assembly of the tail licenses. State of North- Carolina^ and it is hereby enacted hy the authority of the same, That tlie charter of the town of Salis- bury be so amended as to allow the commissioners of said town to lay a tax of any sum, not exceeding five hundred dollars, upon retail license granted to persons within the corporate limits of said town. Sec 2. Be it further enacted, That this act shall be m force from and after its ratification. ]_EqtiJied the 1th day of February, 1865.J

Ohap. 27* AN ACT CONCERNING THE TOWN OF FAYETTETILLE.

Preembie. Whereas, It is deemed expedient for the better preser^ vation of order, the protection of property, the arrest of spies and emissaries of the enemy, and far other purposes, that the whole male population of the town of Fayetteville

be organized into a special arraed police : Therefore,

Mayor shall SECTION 1. Be it enacted hy the General Assembly of the cftizensôf^âe 'S^'teife of jôrth- Carolina, and it is herehy enacted by th^ *'^^°- thority of the same, That from and atter the ratilieation of this act, the mayor of the town of Fayetteville be authorized and empowered to enroll all able bodied male citizens of said tow^n, not subject to military duty in the field, into an organization for the purpose of preserving order, protecting property, arresting spies and emissaries of the enony,

and generally to do patrol duty ; and the said mayor shall have power to receive as volunteers in said organization, any person living beyond the corporate limits of said town; and the person so enrolled, shall be subject to such rules, regulations and ordinances as may be adopted for the. gov- 1865. Chap. 27- 28. 25 eminent of said special police, by the mayor and commissioners of said town. Mnyorgrantcd 2. it enacted, That the said mayor shall Skc. Be further ' -^ •' power to lay ^ have power to enforce by fines and penalties, the enroll- flues to cn-

• force eurol- „,,,,,,.,.. . , , J 'T, ment of all able bodied citizens, 7iot subject to milita- mcnt. ry duty, hy reason of anylaxo heretofore passed, and to com- in said organization pel them to do dnty as a special patrol ; and he shall appoint a suitable person to act as chief of police, to whom authority is given, to order out from time to time for drill, or guard duty, all, or any number of said police, as he may deem necessary.

Sec. 3. Be it further enacted^ That the special police tii"Jdty"of tho hereby authorized to be raised, shall have power and au- s^peciai police, thority to patrol and protect propert} and citizens, not only in the town of Fayetteville, but any where in the vicinity of said town in the county of Cumberland, \_liatlfied the 1st day of February^ 1865,]

MISCELLANEOUS.

AN ACT TO EXTEND THE TIME FOR PEKFFCTING TITLES TO LANDS Chap. 2S. HERETOFORE ENTERED.

Section 1. Beit enacted hi/ the General Assembly of the Until the 1st (JaV Of JailUU- ^ T.T 7 ^ . T • . 7 7 7 7 7 State of North- Carolina, and it %s hereby enacted by the au- ry," is67. thority of the same. That all persons who have made entries of vacant hinds, according to law since the first day of Jan- uary, 1852, and have paid the purchase money to the State for the same, shall have until the first day of January, A. D., 1867, to perfect their titles to the same by grant.

Sec. 2. it enacted^ That all persons who have Be further ^|^"'^,Vjuuua- made entries of vacant lands since the first day of January, ry.'isoo. A. D., 1860, and have not paid the purchase money into the State treasury, shall have until the first day of January, Proviso. A. D., 1867, to perfect their titles to the said lands : Pro- vided, That nothing in this act contained, shall bo so con-

strued as to efi'ect the titles of persons, who may have ob- tained grants for said lands or the rights of junior entries or

to extend to swamp lands in the eastern part of the Stato. 26 1865. CoAP. 28^-29—30.

Sec. 3. Be it farlher enacted. That tins act sliall bom

force from and ai'rer its ratiiication . {^Rat'ifi.d the lih day of Ftbiuary^ 1805.]

AN ACT FOR THE BENEFIT OF PERSONS WHO HAVE ENTEKED VA- Chap. 29. CANT LANDS.

Section 1. Be it enacted l»j the General AssemUy of the Extends and State of North-Cirol'may and it is hereby enacted by the dis- continues in • , . ^ , n-.. 1 • i" .. .-.) J oiititled, force tiie lor- thonttj of the samc, Ihat tlic provisions of an act mer^act two ^, .^^^ ^^^ j.^^. ^j^^ henetit of persons, \vlif>havc entered vacant

lands," passed !>}' the General Assemhly, and ratified on the 3d day of February, 18(;3, he extended and cnnfiniied in foice fur two years from and alter the 3d day of Februa- ry, 1805.

Sec. 2. Be it further enacted, Tliat this act thall be in

force from and after its ratilicatioa. [^liatijitd the lih day of FJjruary^ 1805.]

Chajp. SO. AN ACT TO KE-AKKANGE the public offices in the CAPITOL.

Comptroller's Section 1. Be it cnacted by the General Assembly of the and Treasur- State North Carolina^ and it is he i thy enacted by the er's rooms. of thority of the same. That the room in tiie fiapitol building now occupied by the comptroller, l)e, and the same is hereby appropriated to the exclusive use of the public treasurer

fur the benefit of his department ; and the room in the third story, now containinj^ a cai)inet

specimens, be, and the same is hereby appropriated to tho exclusive use of the comj)trolIer of public accounts, for the benefit of his department.

Btate Geologi- Sec. 2. Be it farther enacted. That the cabinet of ireolo' and otiier specimens, collected by the State geo!oi>;ist., nated^to^Uni- S'^Jil versity. .^^yq. hereby donated to the trustees of the University of the State, for the use of that institution, and the State geologists

are directed to turn over all future collections of specimens ISns. Chap. 30-31—32. 27

of tlie £!:eitloory, mineroldo-y, oriiit]ui]f\iry, nnd ioli!liyf>li\£ry ina

Si-c 3. B<' it furiJier enacfaL That the aiulifor is liorehv Auditor shall •^ ' defray . . , cx- authorizcd to j)ay the iiecessai-}' expenses of ]n'ifect\n

Si:c. 4. Be It -fuither enacicd, Tliat this act slmll be in force from and after its ratitication. {^Raiifiedtl.e 1th day of I\uj uary, 1805.]

AN ACT IN FAVOK OF DI5C1I ARCED SOLniKRS FROM CONFEDEKATE Chap. 3L feTATKS ARMY.

Sk<"tion 1. die it farther en adc.d bu 1he Gcnoal Asfinnhh; TJ^f^mpts •' ... tlKin Irom of the iSfa'e of North Carolina, and it /.v Jixrchy in acted by Home Guard thor'ity of ilm naine^ That all persons di>cliai'ged tVoni the service of the Confederate States army on account of ])hy-

sical disabilify, slu.ll be exernjit from ln>mo guard duty until said j)er.sons shall be examined by a State examining board,

St:c. 2. Be it farther enacted^ That this act shall be in lorce from and after its ratitication. \_IiatiJied the 2>d day of February-, lSt]5.J

AN ACT CONCERNING INJUNCTIONS. Chap. 32.

WiixREAP, Donbts liave been cxi^ressed ^v]lether a writ of Prcambio. injunction is an allowed reme 'y against the wrongful cid- lection ot piibbe taxes :

Skc'iion I. Be it enacted 1)1/ the General Aiaternljh/ of the Taxes nicgniij • * ILilSGB&Cti. State >f North-Carolina, and it in hereliy enacted hy the authority if the t^arne., Ihat the writ of injunction shall be allowed. \i:.der ihu usual I'lik-s in all casus, against ihc coIK c- tion of so much of said taxes as may appear to have been illegaKy imposed (»r assessed. Irnprossmcnta Skc. 2 Be it enacted, That the writ of ii junction ''further ' •' <)) ]>nvatc _ pro- shall be alljwed against impressments of private properly pcriy. 1865. Chap. 32—33.

when the price offered is alleged to be unjust. But if the officer on behalf of the government will give security to pay such price as shall be finally decreed, the property shall be delivered to him for the use of the government. Sec. 3. Be it further enacted^ That this act shall be in force from and after its ratification. {Ratified the Sd day of February^ 1S65.]

Chap. 38. AN ACT CONCERNINa THE MODE OF TAKING DEPOSITIONS IN CER- TAIN CASES.

Prescribes JBe it enacted hy the the rules under General Assembly of Slate of which deposi- ]\fo7'th Carolina, and it is hereby enacted hy the authority of tious of cer- mi j • • taia persons the same, That depositions of persons out of the State, and of persons within the State and confined in prison, or being

within the lines of the enemy, may be taken under the fol-

lowing rules: The examiner shall file his interrogatories in

the office of the court wherein the case is pending, or the

depositions to be used, and thereof notifj'' the adverse party, and deliver him a copy of the same, whereupon such party within the time prescribed may file cross interrogatories, and thereupon the examiner may file other interrogatories, according to the rules of re-examination in chief. And the interrogatories with a commission shall be sent to the commissioner, who shall propound them in the'order in which they are set forth and take the deposition according to the present mode; unless otherwise ordered by the court or agreed on writing, signed by the parties or one at least of their counsel, and the time of notice for filing cross inter-

rogatories shall be the same as is now allowed for personal attendance at the place of taking depositions, according to the method prescribed by the revised code, chapter 31, section 63, the place where the interrogatories allowed under this act are filed, being deemed the plane where the depositions are taken. \_Ratified the Ist day of February, 1865.] ^40

RESOLUriOlS

OF A PUBLIC NATURE, PASSED BY THE GENERAL ASSEMBLY

OF NORTH-CAROLINA,

AT ITS

ADJOURWIED SE§SSOW" OF l§G5i

BESOLUTTOIir KEFEERING TO S. F. PHILLIPS, ESQ., THE MATTER rEET.UNING TO THE STATE's BLOCKADIJfG OPERATIONS.

Resolved^ That the accounts of the officers and agents of M^y snmmoii

"^ the State who have been charged with the duties alluded ' to in the Governor's message be referred to S. F. Phillips, and that the said S. F. Phillips be, and ho is hereby authorized to appoint a clerk, to summon before him witnesses, and to send for persons and papers. Ilis compensation shall be iixed by the next General Assembly and that of his clerk in like manner; and to the said Assembly he shall shall make his report. \_EatiJied the let day of Feljiuary 18G5.]

EESOLUTION RELATIVE TO THE EXEMPTION OF CERTAIN STATE EM- PLOYEES.

"WiiKUEAs, The State of North Carolina lias usMimifl to preamble, clothe the soldiers of the State, and for that purpose has heretofore engaged largely in importing materials from Eu- rope and the Islands; and, whereas, the State cannot with justice to her noble sous withdraw her support from them ; 80 1SG5» HesoLutioInS.

Governor Be it resolved^ T) at it is the cliU}' of tlio Gnvcri;or, and *^^" emptioao'^ ^'*^ ''^ Iicix-Uj requested to claim IVoin the ConrtMlcraro gov- ernnient e.\emj)tic)ii tor all sncli necessary eiiij)!<'yees and inecluuiic<, as are now engaged in the nianiifactiire of wool-

en, and cutton fahrics, lor tlic State. \_IialiJicd the \t

EESOLITTION AUTIIOEIZIXG THE PUBLIC TREASURER TO RECEIVll TAKTIAL PAYMENTS OF TAXES DUE FROM COUNTIES WITHIN THE LINES OF THE EMEMY.

tn casca of Jiesolved^ That in cases of partial payments made, oi* partial pay- mcut. hereafter to bo made on acconnt of taxes (hie tlie State by comities within tlie enemy's lines, the Public Treasnier be antluyrizeJ and instructed to receive such pai'tial pa\iuentSj lveepini( an account witli such couniies of the aiiit:unts so roceived jind entering the same to the credit ot'the public fund. [^Ralijicd. the 1st day of t'tbruanj^ IBGo.]

RESOLUTION IN FAVOR OF ABOLISHING PROVOST GUARDS.

freambiG. Whereas, This General Assembly believes that there is

a large number of ii'ooj)s in tins Siate, with their ollicers

assigiK'd ti/ tiitty as provost guards at various points on the railroad, annoying our people, creating useless expense, and withholding men who could [)Lrform service in the tieldj Therefni'o, Senators and Jit'solvcd, That our Senator nnd Representatives in Con-

Representa- • , , , n , i i tives request- gress oc requested to use tlieir iniluence to have tlie sysfenl

t^fluencc.^^"'' of provost guards abolished in Korth-Carolina. iRatified the \st day (f February^ 1SG5.]

A RESOLUTION TO AUTHORIZE THE GOVERNOR TO SEND STATE SUP- PLIES TO WILINHNGTON FOR THE SUPPORT OF CITIZENS.

«il*send1ug of Resolved, That the Governor be authorized to send to ^acon, flour, the citj of Wilmington aid town of Smith ville ten thou- 1S65. Resolutions. 3^

sand ivntids of bncon, rnc tlioiisniul hnsliols oT corn, and

three liiii'.drctl sneks ol" ll'Mir, from the Statu military supplies on hand, to be distrshnfed among tlio niiedy citizens nndersueh rnles and rejinlatinns as lie may direct, and that he be authorized to make buch contract with the ciry au- tiioriries or citizens, as may J-)e necessary to secure the le- turn of said siip|»lies to the Slate. iRaiificd the 1st day of February^ 1SG5.]

RESOLUTION IN FAVOR OF TRIVATES, NON-COMMISSIONED OFFICERS AND OFFICERS OF THE LINE.

Iie.wlvcd, That our Senators and F^cpresentativcs in Con- taUon'miS *'^"^- gress be, and they are hereby requested to use their efforts to fco amend exisiin^' laws, as to allow transportation to j)ri- rates, non-commissioned olHcers, and olKcers of the line on furloughs of indulgence. [Ratified the Ist day of February, 18G5.f

4 RESOLUTION TO RETAIM MILLERS AND ARTISANS AT HOME TO SERVE THE I'UBLIC.

Whereas, That accordltig to provions la\« and regula- Preamble, tions m:i(le by the Confederate g(»vernment at Richmond, there was an advisory boaiv-l aj^pomted in each and every

county in thid '"tate, who.-e duty it was to decide in all cases who in their judgment should be detailed to stay at homo in their vocations and attend the same tor the pnidic good,

which duty was done by said bcKird ; atid, whereas, the Confederate auihorities have lately revc^ked all details made by said board and taken in the service all persons so detailed, in consequence of which our mills and mechanic shops of

all kinds arc now or likely to be closed : Therefore,

B<; it resolved by the Lcyislature of North- Carolina^ That Governor re'

is re- His Excellency, the Governor, be, and he hereby 'i\lr\\n-\v l^ cmptionu. quested to communicate with the proper authorities at Rich- raond, as early as practicable and to request the exemption from military service of such number of millers, shoemakers, 32 1865. RESOLtJTfOKS.

blacksmiths, or other artisans for each county in tlie State as the advisory board of each county, and His Excellency shall in their judgment deem indispensable. {Ilaiijie.cl the \st day of Fthruarii, 1865.]

RESOLUTION" AUTEOEIZING THE GOVEENOK TO CAUSE THE RE' MOVAL OF THE STATE SALT WORKS NICAR WILMINGTON TO RALT- VILLE IN VIRGINIA OR TO SUCH OTHER POINT AS HE SILU.L DEEM BEST.

Transfer au- Resolvcd, Tliat IIis Excellency, Governor Vance, be an- thorized. .i • i ,. , . , thorized to ti'anster the superhntendent, liands, teams, fix- tures, &c., lately engaged and used in rnaiinfacturing salt on the coast near Wilmington, to the State sale works, at Saltville, inYirginia, or to such other point as he shall deem best, to be employed to the best advantage in making salt at that place. Unexpended Jiesolved, That the unexpended balance of the appropria- prop^rMioiS' ^^^"^^ ^*^^" i^anufacturing salt near Wilmington be transferred in like manner, to be expended if necessary under the direction of the Governor in the manufacture of salt at Salt- ville, Viiginia, or at such other point as the Governor shall deem best, and in making such repairs as may be lequireJ in the works at that place.

J^esolved, That the Governor be autliorizcd to sg]1 or rent

any portions of the machinery 'to any companj'- or individual, in the interior of the State, that may be engaged in making salt. \_RcUijied the 1st day of February, lbC5.]

RESOLUTION IN FAVOR OF NORTH-CAROLIN-A I*RiS0NER3 OF WAR,

iTie governor licsolvcd. That as an auxUiary to the measures of relief makrccrtaiu heretofore adopted, in belialf of prisoners from tliis State, arrangements, r^j^d ^q the end that that relief may be as prompt as possible, His Excellency, Governor Vance, be requested to effect an arrangement by which the federal government may issue blankets and clothing to the soldiers in the Con- federate service, from North-Carolina, now prisoners in the 18G5. Kesolutions. 33

United States upon condition that blankets and clothing in like number and quantity be issued to to federal prisioners at Salisbury.* [^Ratified the 3d day of J^cbruary^ 1865.]

KEoOLVTIONS AGAINST THE POLICY OF AKMING THE SLAVES.

Mesolved, That tlie State of I^orth-Caroliua protests Protests against the arming of slaves by the Confederate government, ingTiaves"*" in any emergency that can possibly arise, but gives its consent to their being taken and used as laborers in the public service, upon just compensation being made. Resolved.^ That Korth-Carolina denies the constitutional impressment power of the Confederate government to impress slaves for the purpose of arming them, or preparing them to be armed in any contingency, Avithout the consent of the States being first freely given—and then, o\\\y according to State laws. Resolved^ That His Excellency, Governor Z B. Vance, be requested to communicate a copy of these resolutions to each of our Senators and Representatives in Congress* [^Ratiji

RESOLUTION IN BEHALF OF THOMAS K, FENTRESS.

"Whereas, It has been made to appear to the satisfaction Preamble, of this body, that the certificate issued by the Speaker of this House to S. W. Onterbridge, member from Martin couiit3% for seventeen hundred and seventy-six dollars ($1,776,) bjing the per diem and mileage due for the last session of this body, and assigned by him to Thomas R. Fentress, of the city of Raleigh, has been lost or mislaid: Therefore,

3e it resolved, That the Speaker bo instructed to issne a Dui.iicitc ccr-

dnplicate certificate to the said Thomas R. Fentress, agent bo iBsued^^ of S. W. Onterbridge, for the sum of seventeen hundred and seventy-six dollars ($1,776,) marked upon its face duplicate, upon the. execution and delivery to the clerk of this Eonso, of a bond with approved security, in the penal sum of three thousand dollars, payable to the State of North- 3 34: 1865. Kesoll'tions.

Carolina, and conditioned to save harmless the said State from all loss or damage, which may bemcurred by the exis-

tence of tiie certificate said to be lost ; and that the bond aforesaid shall be filed with the public treasurer, for safe keeping. {^Ratified the \st day of February^ 18G5.J

RESOLUTION IN EAYOK OF SAlVrtJEL F. PHILLIPS AND IIENEY Lv PLUMMEK.

Allows $i,3?0. Resolved, That Samuel F. Phillips, Esq., late commissioner to investigate the blockade operations of the State and report thereon to this Assembly, be allowed seven hundred and fifty dollars ($750) for his services, and that the further sum of six hundred dollars ($G00) be allowed to Henry L, Plummer, empli)3'ed to aid him in the capacity of clerk, to be paid out of any moneys in the treasury not otherwise appropriated. \_RatiJied the 1st day of Fehruary^ 1865.]

EESOLUTION IN FAVOE OF DOORKEEPERS OF THE TWO HOUSES, FOE SERVANT EIRE.

Allows $150. Resolved, That the doorkeepers of the House of Com- mons and the Senate, be allowed one hundred and fifty dollars for the pay of servant hire during the present session. [_Ratifiedthe Qihday of Fehnary, 1865.]

RESOLUTION IN FAVOR OF THE PRINCIPAL OF THE DEAF, DUaiB, AND BLIND ASYLUM FOR A CALENDAR BOOK FURNISHED THE HOUSE OF COMMONS.

AUows$30. Resolved^ That the Public Treasurer be authorized and required to pay to the principal of the deaf, dumb, and bliiid institute, the sum of twenty dollars for one bound book furnished to the House of Commons. [^Ratified the 6th day of Fehruary, 1865.] 1S65. Resolutions. 35

EESOLUTION IN FAVOR OF JOHN POOL, DAVID M. CARTER, SAMUEL

J. PERSON AND EDWARD HALL.

liesolved. That John Pool, David M. Carter, Saranel J. Pays ihcir ei- peases. . . IT" Person and Edward Hall, the commissioners sent by this Legislature to Richmond, be allowed their expenses, to be paid by the Public Treasurer upon their certificate. [^Rali- Jied the 6th day of Fehncary, 1865.]

RliSOLUTION IN REGARD TO SLAVES AT WORK ON FORTIFICATIONS AT WILMINGTON.

Whereas, The Congress of the Confederate States hav- Preamble, ing passed an act authorizing the impressment of slave labor for work on fortifications and other purposes, which renders inoperative a similar law of our State unnecessary and ; and whereas, a number of negroes now at work and employed in and near the town of Wilmington having been collected, under the law of the State, and by the order of the Governor, to work for two months, and having been retained already from four or five without the consent of the owners. Therefore,

£e it resolved, That the Governor bo, and he is hereby Return of eaid requested to take such steps as he may deem expedient to "^J^^ere''*^ procure the immediate return of said negroes to their owners. [^Rat'ified the 1th day of J^ehruary, 1865.]

RESOLUTION REQUESTING THE APPRAISING STATE COM^nSSIONERS IN CASES OF APPEAL TO ALLOW MARKET VALUE FOR ARTICLES IMPRESSED.

Whereas, The present impressment laws of Congress ap- Preamble, proved March 26th, 1863, and February 10th, 1864, have been so executed by many impressing agents as to do great

injustice and give dissatisfaction ; and whereas, said laws contemplate that the value of all articles of subsistence or other property, impressed for the use of the army and navy, should be first fixed and certified to by local appraisers, —

36 1865. -Eesolutions.

when the impressing agent nnd the owner cannot agree as-

to price ; and then if said price be not considered fair and just by said agent, it is made his duty to endorse his reasons for disapproval on the certificate, appeal from said decision and report the case to the appraising State commissioners

when judgment shall be final ; and whereas, whenever an

appeal is thus taken, it is made the duty of said commissioners, under oath and within three months from the time of impressment to allow ''' a just cornjyensation J^or the 2?to- jperiy so hnj^rcssed at the time andiRace of impressment ;''^ and for th.is purpose they are empowered to summon and

examine witnesses ; and whereas, we believe that the best

<;riterion whereby just compensation is ascertained is to be

found in the market price of an article : That in all cases of appeal under ex- Market prices Besolved, therefore^ shaUbe allow- jgting impressment laws, it is tlie opinion of this Legislature that the State commissioners shall allow the market price for articles at the time and place of impressment, in order that said laws be executed in letter and spirit. {Rat'fied

the 1st day of February^ 1865.] ^

RESOLUTION IN FAVOR OF MESSRS. CALVERT AND ROGERS, CON- TESTANTS FROM NORTHAMPTON COUNTY.

Mileage and Besolved, That the FubHc Treasurer be, and he is hereby diem. l^er authorized to pay to Messrs. Rogers and Calvert, the claim- ants of a seat in the House of Commons, the same mileage and per diem^ and under the same rules and regulations as the members of this House are paid. {Ratified the 'oth day of Fehruary,lS65.']

EESOLDTION IN FAVOR OF PRINCIPAL CLERKS OF THE TWO HOUSES.

Resolved, That the principal clerks of the Senate and Allows each House of Commons be allowed four hundred dollars each for the copying of the journals. [Ratified the 6th day of February, 1805.] 1S65. Resolutions. 37

KESOLUTION CONCEKNING MILEAGE OF MEMBERS 0? THE GENERAL ASSEMBLY.

Besolved, That the members of this General Assembly be Mileage, allowed mileage to and from their respective homes during the late recess. \_Ratified the 6ih day of February^ 1865.]

KESOLUTION IN FAVOR OF THE COMISIISSIONERS OF THE SINKING FUND, AND THE SECRETARY OF THE BOARD.

Resolved^ That the Public Treasurer pay to the commis- Per diem, sioners of the sinking fund, and the secretary of the board, the same pay ji^e;' diem^ for their service in the years 1862, 1863 and 1864, as the members of the General Assembly received at the times such service were rendered. [jRati- jied the \8t day of February , 1865 ]

EESOLTJTTON IN FAVOR OF THE CLERKS AND DOORKEEPERS.

Resolved^ That the clerks and doorkeepers of this Gener- Mileage, al Assembly be allowed mileage to and from their respective homes, during the late recess. {Ratified the Qth day of February^ 1J;65.]

RESOLUTIONS IN REFERENCE TO THE ARREST AND CONFINEMENT

OF HENRY P. BITTER.

Whereas, It has been represented to this General As- preamble, sembly that on the oth day of December, 1864, Dr. H. P. Ritter, a citizen of the county of Chowan, was arrested at Weldon by Col. Parham, provost marshal, and detained and sent to Richmond by Col. P. C. Galliard,and there imprisoned until returned on demand of the Governor of this

arrest is State ; and whereas, the grounds upon which said said to have been made were of so feeble and unsatisfacto- ry a nature, as to raise a reasonable apprehension in the minds of all good citizens, that tlie same outrage may be —

38 1866. - Hesolution's.

perpetrated upon every one passing Weldon ; and whereas, the harsh and cruel treatment of said Henr^^ P, Ritter, by the authorities at Weldon as represented to this General Assembly can be viewed only as a base and inhuman use of power to oppress and torture under the pretence of con- fining suspected parties. Therefore, Inquiry shall Resolved^ That the Governor is hereby requested to in- be iustituted. stitute an immediate and searching inquiry into the circum- stances of said arrest and detention of the said Henry P. Ritter, and should it appear that said arrest was based on insufficient grounds, or that his treatment after his arrest was unnsally harsh or severe, he shall demand of the Con- federate government the immediate arrest and trial of the said Cols. Parham and P. C Galliard, and ail other officers at said post, voluntarily concerned in any part of said transaction that was contrary to law and right, or unnecessarily

offensive or cruel in its execution. Expenses of Resolved^ That the expenses attending this investigation investiffation. be paid by the State, and that the Governor is hereby authorized to draw by warrant from the public treasurj'- such sums as may be neccessary for the same. \_Ratified the Qth day of February^ 1865.]

RESOLUTION INSTRUCTING A JOINT SELECT COMMITTEE OF TWO ON THE PART OF THE SENATE AND THREE OF THE HOUSE IN RE- GARD TO RAILROADS.

To inquire in- Resolved^ That a joint select committee of two from the to any violation of char- Senate and three from the House be instructed to inquire if ters. any of the railroad companies, in Korth-Carolina, have violated and forfeited their charters, and in what manner they have so violated and forfeited them, whether by raising tljeir freights aboTe their chartered privileges, by refusing to receive and transport freight, by charging unlawful and unusual prices for freight, by transporting freight for some parties in preference to others, by conveying some passengers over their roads and refusing others, by absolutely refusing to convey freights, by contracting with express companies, in preference to private citizens, by dividing profits 1865. Resolutions. 39

with express companies, by fraud, b}'- conception, b}-- bribe- ry, by certificates to keep men out of the army, by keeping more men out of the army than the roads need, by entering into contracts with men to keep them out of the army for consideration and profit, by being paid directly or indirect- ly to keep men out of the nrmy, by neglecting and refusing to provide suitable and comfortable accommodations for their passengers, for detention of goods, for neglect of duty, for extortion and an intent to evade the hiw, and for every other manner in which they have violated their chartered •rights. litsolocd^ That said committee have power to send for persons and papers, to compel the attendance of stockliold- ers, directors and all ofHcers and employees of said roads, to compel the attendance of witnesses, to r.wear witnesses and examine parties under oath. Resolved^ That said committee liave ])owcr to regnlate and fix their own times and places of meeting and adjourn- ment during the present session, in vacation, or during any subsequent session, and that when their investigation shall have been completed, they report to the General Assembly if in session, and if not in session to the Governor, and that said committee receive the per diem and mileage of members of this General Assembly. {Ratified the Qth day of February^ 1865.]

EES0LDTI0N8 RELATING TO THE SUSPENSIONS OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS.

Resolved. That the privileges of the writ of habeas corpus Tin- priviiogos ' * ° (if (lie writ of , . extends no further than securing to the party under arrest habeas corpuu. the right to be carried before a civil tribunal, to have inquiry into his claim to be discharged or admitted to bail; and that the clause in the Confederate Constitution which authorizes the suspension of the privilege of the writ, applies only to cases of persons, who ma}' stand committed for crimi-

nal vY supposed criminal offences, and that to extend it beyond this in the execution of a conscript law, so as to deny the right to enquire through the judiciary- whether the per- 40 ! 1865. Resolutions.

son arrested is liable or not to military service, is a palpa- ble violation of the constitution, utterly destroys the power of the States to preserve their separate organization and sovereignty and reduces them to absolute dependence on the mere courtesy of the Confederate government for their simple existence.

An-ests. Resolved^ That the provisions in the constitution of the Confederate States, that no person shall " be deprived of life, liberty or property, without due process of law," was

meant to deny to the Confederate government all power to make any arrests except upon warrant from a civil tribunal, and that any arrests otherwise made or authorized by Con- gress, or trials except by due course of law, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, " are uncon- stitutional and subversive of every principle of civil liberty, and that North Carolina could not see a violation of this fundamental and reserved right, in regard to her citizens, without the deepest concern.

Powers of Resolved^ That Congress has no constitutional power to Congress. impair the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, by authorizing arrests otherwise than under warrants returnable before the regularly established, constitutional tribunal of the country, "except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger."

Supreme Resolved^ That until Congress shall see fit to organize a Court. supreme court, as is required by the constitution, any suspension of the privilege of the writ oi habeas corpus must naturally and necessarily operate to deprive the citizen of

his constitutional rights ; and this General Assembly doth therefore protest against any legislation upon the subject whatever. Resolved, That our Senators and Representatives in Con- gress be requested to protest, at all times, against every in- fringement of the foregoing principles of civil rights and constitutional liberty. \_Ratified the 6th day of Fehvuary^ 1865.] ^

1865. Eesolutions. 41

eesolution in favor of senior and junior reserves.

Jiesolved ly the General Assembly Assembly of JVorth- Suitable ac- Carolina^ That His Excellency, Gov. Yance, be, and he is tioussbniibo ^""^^^ hereby requested to correspond with the Confederate an- thorities and use every effort possible to procure from them suitable and comfortable accommodations, especially sur- geons, medicines, ambulances, and baggage wagons for our junior and senior reserves, now said to be in a suffering condition. {Ratified the Qth day of February, l^Qo.']

RESOLUTION IN FAVOR OF DKURY KING.

Besolved, That the Public Treasurer be authorized to pay P'^rdicm.

Drury King the samej!>^r tZi>/?z as the doorkeeper is entitled to receive, for thirteen days' services in the absence of the principal doorkeeper. [^Ratified the ^th day of February, 1865.]

RESOLUTION IN FAVOR OF THE PRINCIPAL CLERKS OF THE TWO HOUSES.

liesolved. That the principal clerks of the Senate and Allows each §300 House of Commons, be allowed three hundred dollars each for copying the journal of the present session, [liatified the 1th day of February, 1865.]

RESOLUTION AUTHORIZING THE GOVERNOR TO CONTRACT FOR A SUPPLY OF SALT WITH STEWART. BUCHANAN & CO., FOR THE YEAR 1865.

Resolved, That the Governor be authorized to contract Grants nccci- ^^'>' »"ti^«"' with Stewart, Buchanan & Co., for a supply of salt for the year 1865, if in his judgment, the salt works will not produce enough for the consumption of the people. {Ratified the Uh day of February, 1865. ^2 1865. Eesolutions.

KE30LCTI0N ON THE SUBJECT OF PEA.CE AND A PREPARATION FOB WAR.

Preamble. Wbekras, We have heard with the greatest pleasure and

' heartfelt satisfaction that negotiations for peace hav^e been inaugurated by the government at Kichmond and Wash- ington, _yet mindful of the maxim tliat in time of war, while " we hold the olive branch in one hand we should hold the sword in the other ;" Therefore,

Declares for a JRcnolved, That until the issue of these negotiations is ecutionof war known, Korth Carolina will not abate one jot or tittle of her determination and zeal, for a vigorous prosecution of the war to an honorable peace. {Ratified the, Q>th day of Feb- ruary^ 1865.]

STATE OF NOHTH-CAROLINA, ) Office of Secretary of State, V

November 20^A, 1865. )

I, Robt. W. Best, 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 20th day of November, 1865. ROBT. W. BEST, Secretary of State. PRIVATE LAWS

OF THE

STATE OF NORTH-CAPtOLIM,

PASSED BY THE

GENERAL ASSEMBLY,

AT ITS

ADJOURNED SESSION OF 1865.

By order of the State Convention.

KALEIGH: CANNON & nOLDEN, PRINTERS TO THE CONVENTION. 1 80GJ.

PRIVATE LAWS,

OF NOPiTH-CAROLlJ\U,

PASSED AT ITS

ADJOUENED SESSION OF 1865.

ACADEMIES.

AN ACT TO ENLARGE THE CHARTERED PRIVILEGES OF THE Chap. 1. TECSTEES OF THE YADKIN COLLEGE, IN THE COUNTY OF DAVIDSON.

Section 1. Be it enacted hy the General AssemUy of the W'litury dc- piirtuRut. /• TIT 7 /^ T 1 • • 7 1 State oj Jycrth- Carolina, and %t is hereby enacted ly the authority of the same, That immediately after tlie ratification of this act, the Trustees of Yadkin College be and they are hereby empowered to add a military department to the couise of instruction now pursued in the said college. Sec. 2. Be it further enacted. That the Governor bo Supcrinien- , ... dent shall rc empowered to grant a commission to the president or super- ceivc a com- intendant of the aforesaid military and classical institution: Provided, The rank so conferred shall be no higher than that of colonel, and that the Governor bo em])owered to grant commissions to such other oflicers of the said institution as may be recommended by the supcrintendant : Pio- vided, The rank so conferred sliall be no higher than that of major; and only such officers shall be reconiniended by the Buperinteudant as are essential to the efliciency of said institution. 45 > 1864-'65 Chap. 1—2.

Sec. 3. it j^j^^jj Be further enacted^ That officers commissioned as herein provided, shall take rank according to date of commission with officers in the line of the ISTorth-Carolina militia. {^Ratified the 1th day of JFebmary, 1865.]

Chap. 2. AJSr ACT to be entitled an act to INCOKPOEATE " THE TRUS- TEES OF THE HILL OKPIIAN FUND." ,

Preamble. Whereas, Frederick J. Hill, late of the citj of Wilming- ton, and now deceased, did, by his last will and testament,

amongst other things, devise, bequeath and direct as follows: "I give, devise and bequeath unto Bishop Tliomas Atkinson, Bishop of North-Carolina, and to his heirs and assigns my house and lot in the town of Wilmington, North- Carolina, my present residence, together with the tract of twenty acres, purchased of James S. Green, hereinbefore described in the bequest to my wife, from and after the death of my wife, and from and after the term of her natural life, in trust and for the use and benefit of the poor orphans of the State of North-Carolina; and the said Bishop and his successors to have the right to select such orphans as shall receive benefit under the trust and bequest, and he shall direct and control said trust in the best way for the support of said orphans and the promotion of their morals

and education, as [for] them may seem best ; and I do also give, devise and bequeath unto the said Bishop Thomas Atkinson, and to his executors and administrators, for the same trust and purposes, as above set forth, the sum of ton thousand dollars, to be paid to him or his successors to this trust by my executors from and after the death of my wife

aforesaid, and not till then ; and no right or interest is to accrue to the same for and during the terin of her natural

life, but to be paid from and after the termination thereof,

and not till then," as will appear by reference to said will now of record in the court of pleas and quarter session of New Hanover county; and, whereas, the wife of said Frederick J. Hill, being now dead, the said Thomas Atkin- son, Bishop of North-Carolina, hath applied to this General Assembly for an act to be passed conferring on him and his 1864-'65. Chap. 2—3. 47 snccessors in office, corporate power and succession in order to carry into efi'ect the design of said testator ; now, therefore,

SECTION 1. Be it enacted hy the General Assembly of the Body politic. State of North-Carolina^ and it is herehy enacted hy the ati- thority of the same^ That the said Thomas Atkinson, Bishop of North-Carolina, and his successors in office, sliall and are hereby declared to be a body corporate and politic, by the name of " the Trustee of the Hill Orphan Fund," and shall be able and capable in law to receive and hold the property and effects devised and bequeathed by the said Frederick J, Hill, in and by his said will, and to use and apply the same to and for the purposes (and none others) specified in the said will, and also to receive donations of lands or personal estates, either by deed or will, for the purposes aforesaid, (and none other,) and to have succession to sue and be sued, and to have the other powers incident to corporations, in regard to the charity created by the said will and for no other purposes. Sec. 2. Be it further enacted^ That this act shall be in force from and after its ratification. [Ratified the \st day of February, 1865.]

BrJDGES. iLN ACT TO BE EXTITLED AN ACT TO INCORPOKATE THE BIO Chap. 3. FALLS TOLL BRIDGE COMPANY.

Section 1. Be it enacted^ hy the General Assembly of the Body politic State of North- Carolina, and it is herehy enacted' hy the authority of the same, ThatWm. J. Murray, Bennett llazcll, their associates, successors and assigns be, and they are hereby created and constituted a body politic and corporate for the space of thirty years, by the name and sfyle of " the Big Falls Toll Bridge Company," and as such shall have succession, and may sue and be sued, plead and bo rowers

impleaded in any court of law and equity ; shall liavo power to make all such by-laws and regulations not inconsistent with the laws and constitution of this State as may 48 1864-'65. Chap. 3—4.

be deemed necessary for tlie government of said company, which shall be binding thereon, and shall have, exercise and enjoy all the privileges of a bod}'- corporate.

Tollbridge Seo. 2. Be it further enacted^ That the said company is

river." hereby authorized to construct a Toll Bridge across Haw river, into the county of Alamance, at Murray & Brothers Cotton Factory, at or near the place formerly occupied by the county bridge.

Rates of tolls. Skc. 3. Be it further enacted^ That said company have power and authorit}-' to fix the rates of tolls for crossing said

bridge ; Provided, That the toll shall not exceed twelve and a half per cent, per annum on the capital stock of the said corporation.

other feridges. Sec. 4. Be it further enacted, That after the oi-ganization

of said corporation, it shall not be lawful to build, construct or open any other bridge, ferry or ford within two miles of said bridge for public use. \_Ratified the 1th day of February, 1865.

Chap. 4. AIT ACT TO FACILITATE THE BUILDING OF BRIDGES WHICH

HAVE BEEN WASHED AWAY EST THE COUNTIES OF ALAMANCE) AND (JRANVILLE.

Private coutri- SecTion 1. Be it enacted^ hy the General Assembly of courage™' ^^^^ State of North- Carolina, and it is hereby enacted by the authority of the same, That any person who may contribute any labor or material for tlie building of any bridge in the

counties of Alamance and Granville, before the first day of May, 1S65, which the county courts of said counties may order to be built, shall be allowed the cash Valuation of such contribution in the payment of the county taxes due from him for the year 1865, and should the value of such contributions exceed the amount of county taxes against such person, the excess thereof shall be paid to such person by the sheriff of the county, and the cash value of such labor or materials shall be assessed and ascertained by the commissioners appointed by the county court to superintend the building of any bridge, to which the labor or materials iStjy. Chap. 4—5. 49

"niaj liave been contributed, cr by sncli other person as the court may appoint to mate such assessment.

Sec. 2. Dc it further enacted^ That the certificate of the Certificate of xjommissioncrs or such person as may have been appointed ^^*^°^^^^^<***" by the court to assess the cash vahie of any labor or materials furnished ibr the building of any bridge as aforesaid, and whichhavc been paidofi'by the siieriff, shall be allowed him as vouchers in the settlement of the county taxes with tlie finar.cG committee.

Sec. 3. Be it further enacted., That this act shall be in 'force from and after its ratification. \_Ratified the \st day of Februarij^ 1S65.] «

AN ACT ENTITLED AN ACT TO INCORPORATE THE HAW RIVER ChaV. 0. TOLL BRIDGE COMPANY.

Section Inj 1. Be it enacted the General Asscmlly of the BodypoiiOo. State of North Carolina, and it is hereby enacted ly the authority of the same, That Tiiomas M. Holt, R. T. Nutt, G. W. Swepson, Abel Griflis and John Troll inger, their associates, their successors and assigns be and thoy are hereby

created and constituted a body politic and corporate for tlie space of thirty years, by the name and stylo of the Haw Iliver Toll Bridge Company, and as sucli shall have success sion, and may sue and be sued, plead and be impleaded in any court of law and equity;- shall have power to make all powc™. such by-laws and regulations not inconsistent with the laws and c:)nstitution of this Slato as may bo deemed necessary for the government of said company, whicli shall be binding thereon, and thall have, exercise and enjoy all the privileges of a body corporate.

Sec. 2. Be it further enacted, That the said company is toii bridir* hereby authorized to construct a Toll Bridge across JJaw "f"'-" ii"* river, in the county of Alamance, at Haw river depot, on the Korth-Carolina Btailroad, at or near the place formerly occupied by the county bridge. Sec, 3. Be it further enacted. That said corporation shall j^^^ ^^ ^j^ have power and anthority to fix the rate of tolls for crossing said l)"idgc; Provided, Said tolls shall not exceed 4 50 1865.- -Chap. -6—?.

twelve-and-a-?falf per cent, per annum on tlie cajrffal stocis of said corporation.

Othei- l)ridges. Sec. 4. Beitfuitherer.adcd^ Tliat after tlie organization of said corporation it shall not be lawful to build, construct or open any other bridge, ferrj or ford within two miles of said bridge for public use. {Ratified the 1th day of Fehru- ary, 1865.

EXPRESS COMPANIES.

AN AOl' TO AMENI) THE CtlAKTEE OF TUE NOETII-CAEOL-mA EXPEEfeS COMPANY.

Name and Be U enacted by the General Assembly of the State of style. North- Carolina^ and it is hereby enacted by authority of the sd'tnei That" the North-Carolina Express Company shall hereafter have the name and style of the " People's Express C'ompaily." \Ratified 'he Qih day of Fchruaryi 1865.]

.IMPORTING AKD EXPORTING COMPANIES.

ENtlTLED ''''a:N ACT TO' INCORPORATI-V Chap. AN ACT TO AMEND AN ACT THE CAPE FEAE EVIPOETTKO ANi> EXPOETING COMPANY."

Section 1. Beit enacted by the General Assembly of the Repeals proviso in first State of North- Carolina, and it is hereby enacted by the au- section. thority of the same^ That the proviso in the first section of an act entitled " an act to incorporate the Cape Fear Im- porting and Exporting Company," ratiiied on the twenty- eighth day of May, 1864, be and the same is hereby re-- pealed.

Sec 2. Be it further enacted, That this act shall be in force from and after its ratificait'ioe. [Ratified the \st day of Februai-y, 1865.] 1S65. Chap. 8—9. 61

MINING AND MANUFACTURING COMPANIES.

AN ACT TO AUTHORIZE AJM INCREASE OF THE CAPITAL OF THE Chop. S. MONATOCK MINING AND MANUFACTURING COMPANY.

Skction 1. Be it enacted- hy the Genen.l Asaemhlit of the To $500,000. Stale of Noj'th- Carolina^ and it is hereby enacted hy the authority of the same, That it shall be competent to the stock- liolders oithe Monatock Mining and Manufacturing Coni- ^)any, in meeting assembltid, to increase the capital of the •said coinpan}*, so tliat the maximum amount thereof shall not exceed five hundred thousand dollars.

Sec 2 Be it further enacted, Tliat the said increase may How Lncrea*- be effected by the sale of shares of stock in the said company, or by the levying additional quotas on the stockholders now constituting the company, as may be ordered by the stockholders in meeting assembled.

Shc. 3. Be it further enacted, That this act shall be in force from an(t after the passage thereof. {Ratified the 1th •day of February, 1865,]

AN ACT TO AMEND THE CHARTER OF THE DRAKEVII.LE IKON Chap. 9, COMPANY IN THE COUNTY OF CHATHAM.

Section 1. Be it enacted hy the General Asse)nhly of the Increase of ^''^' * iState of North Carolijia, and it is hereby enacted hy the au- ihority of ihe same, That the Drakevilie Iron Company, in the county of Chatham, shall have the power and authority to increase the capital stock of said company to the sum of one hundred and eighty thousand dollars.

Sec 2. Be it further enacted. That the said company r.ininn^idSor- ^"" shall have power and authority to grind grain and sorghum. %EC 3. Be it farther enacted, That this act shall bo in force from and after its ratification. {Ratified the Isi day

February, 1865 ] 52 1865. Chap. 10.

Chap. 10. AN ACT TO BE ENTITLED " AN ACT TO mCO^lPOEATE THE DEEf EIVEK WOOLEN MILLS.

Body politic. Srction 1. Be it enacted hy the Ocneral AsserrJdy of the

State of North- Carolina^ and it is herehy enacted by the axt,-' thoriiy of the same^ That J, B. MendonhaH, Cynis P. Men^ denhall, D. A. McRae, S. G. Coffin, A. E. Stanley, theiV associates, successors and assigns, be and the same are'

herebj created a body politic and co'-poratc, by tlic name' and style of the Deep lliver Woolen Mihs, and as such [shall] have succession, and may have and use a common seal, and change the same at pleasure, sue and be sned, plead and

be impleaded in any court of" law or equity, have power ta Powers. make all such by-laws and regulations not inconsisteiit witb the constitution and laws of this State, or of 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 ai>d pi'ivi- leges of a body corporate, necessary to cari^' out the purposes for which said company be organized, viz: the manufacture of woolen goods of various kinds and descriptions. Capital stock. Sec 2, Be it further enacted, That the capital stock of the compan}^ shall not exceed one million of dollarSj divided into shares of live hundred dollars each.

Affairs of the Sec. 3. Be it further enacted, That the aifairs of the com^- eorporatiou pany shall be managed and controlled by such officers, directors, as may be agreed upon by the company at their

iirst meeting, each share being entitled to one vote ; the officers to be elected by ballot annually, but to remain in office until others may be appointed.

Personal and Skc. 4. Be it further enadted, That the said company real estate. shall have power to purchase, lease or otr.eiwise procure all property and estate, both real^and personal, which may be necossai-y and pjopcr to can-y out the piirposc of said%;or- poratlOn, and that thi3 act shall be in force from and after its r-^tiiication. {Ratified the 1st day of February, V^^y^, 18G5. Chap. 11—12. 53

PLAKK ROADS.

AN ACT TO A5IEXD THE CHARTER OF THE PITl'SBOROUGH AND Chap. ll. HAYWOOD PL-^JN'K ROAD COMPANY.

Section 1. Be it enacted hj the General Assemhly of the Where the tci^ *^ ^tate North- Carolina, it herely enacted of and h hj the au- I^eated'^'^^ ihority of the same'. That the Pittsboro' and Ha3Mvood Plaiikroad Company may liave the terminus of said road on Deep rivej-, at: Haywood. Locksville or Gorgas, as said coni])an3' may choose. Sec. 2. Be it further enacted, That said company may construct a tram or turnpike road if deemed advisable.

Sec. 3- Be it furthrr enacted, That tiiis act sliall be in force from aiid after its ratification. {Ratified the 1th day -of February, 1SG5.]

PL'BLISIIING COMPANIES.

AN^ ACT TO INCORPORATE THE CONSERVATIVE PUBLISHING COM- Chap, 12. PANY,

Section 1. Be it enacted hy the General Asseird/ly of the Bodypoiitie. Btate of North- Carolina, and it is hereby enacted by the authority of the same, Tliat M. S. Robins, Jolin B. Neathery, their associates, successors and assigns, are hereby created a body politic and corporate, by the nameof tlie Conserva- tive Publibhing Compan}', for the purpose of printing and pubhshing book'^, newspapers and otlier publications, and of can-ying on generally tiie business of printers and pub- lishers, with a cajjital stock of not exceeding sixty tliousand dollars, to be divided into shares of one hundred dollars, sharca. and said company shall have power to purchase, hold and convey real and personal estate necessary to the legitiinato pro.-ecution of the said business, and shall have other i)owers incident to corporations under the general law of the State.

Sec 2. Be it further enactt'd. That the business of said By-Law* corporation shall be conducted, and meetings of stockholders held as may be prescribed in the by-laws of the company. W 1865. Chap. 13—14.

Sec. 3. Be it fitrther enacted, That this aet sliall be m force from and after its ratification. {Ratified the Qth da\f of Felruanj, 1865.]

EAILROAD COMPANIES.

€ha^. 13. AN ACT TO AMEjS^D THE. CHARTER OF THE PIEDMONT RAILR0A1> COMPANY. •

Alteration in SECTION 1. Be it enacted 'by the General Assembly of the g^age of the ^^^^^ ^ North- Carolina, and it is herelnj enacted hy the av^ thorlty of the same, That an ordinance of the State Conven- tion, ratified on the Sth day of February, 1S&2, entitled "an ordinance to incorporate the Piedmont Railroad Com- pany," be so amended as to authorizy and empower th& said company to alter the guage of the said road by widen- ing the same to five feet, or to s.ich other gnage as to make- it correspond with the guage of the Richmond and Dan-

ville Railroad : Provided, That the company shall restore' the present guage within six months after the terrainatioa of the present war, or forfeit their charter. Certifledcopy Sec. 2. Be it further enacted, That His Excellency, Gov, of this act. Yance, bo requested to transmit a certified copy of this act to the Secretary of War of the Confederate States, and that the same shall take eflPect and be in full force as soon as the Legislature of the State of \ irginia shall re-enact the same. {Ratified the Tth day of February, 1865.]

TURNPIKES.

Ohap.X^. ^^ ^CT TO AMEND AN ACT ENTITLED "aN ACT TO PROVIDE FOE A TURNPIKE RO.\P» FROM SALISBURY WEST TO THE LINE OF THE STATE OF GEORGIA."

SECTION 1. it the Amends 10th Be enacted by General AsseTnbly of the •ection. State of North- Carolina, and it is hereby enacted by the authority of the same. That the 10th section of an act entitled " an act to provide for a turnpike road from Salisbury 1865. Chap. 14—15. 65

west to th'e line of the State of Georgia," ratified on tlie 27th January, lS-19, be so amended as to allow the court of pleas and quarter sessions of Haywood county, a majority of the justices being present (or such number as are authorized by hwv to transact public business,) to allot and assign to the Jonathan's creek and Tennessee mountain turnpike road and Western turnpike road, the number of hands liable to work upon public roads liv^ing within two miles ot the town of Waynesville, in Haywood county, the court may deem necessary io keep in repair both roads. Sec. 2. Be it further enacted^ That this act shall be in force from and after its ratification. \_RatiJied the \st day of Fehruary^ 1865.

MISCELLANEOUS.

AN ACT TO EXEirPT THE OFFICERS AND EMPLOYEES OF THE NORTH- Chap. 15. CAROLINA POWDER MANUFACTURING COMPANY FROM MILITARY SERVICE ON CERTAIN CONDITIONS.

Skction 1. Be it enacted hy the General A ssemhly of the President and State of North- Carolina^ and it is hereby enacted hy the au- pioyccs. thority of the same^ That the President and such employees of the North-Carolina powder manufacturing company (not exceeding twelve white persons in number,) as the said president thereof shall certify upon oath before the court of pleas and quarter sessions of the county of Mecklenburg, to be necessary to the successful prosecution of their business, shall be exempt from military duty to the State government.

Skc. 2. Be it further enacted^ That whilst claiming the Powdcrfortiw ^^^'^ privileges of the foregoing section, if any emergency shall arise which in the opinion of the Governor and council shall require the services ot these powder mills, that the said company shall then and in that case, at a reasonable per cent., upon the cost of manufacture, make into powder for the use of the State, such mateiial as the Governor shall furnish for said purpose. 56 1865. Chap. 15-16.

One-fourth of Sec. 3. Be' it further enacted^ That so Xow^ as the at'ore-

nctt quar- • the i a-t ^i z-i i- i ,. . , ,, teri7 income, saicl JNortli-Uarolina powder mamifactiirin^^ company shall claim and enjoy tlie benefit of this act, that the i)re.sident of said company shall turn over at the end of every three months to the public treasurer of the State, the one fourth of the nett quarterly income derived from the sale of powder hereafter manufactured by this company, to be appropriated for the benefit of the destitute families of North- Carolina soldiers.

^^^- '^' ^'^ further enacted, That the GOTemo?'' ^^ Governor be re- • quested to ask the detail from the Confederate government of the employees mentioned in the first section of this act for the purpose aforesaid. Sec. 5. Be it further enacted, That this act shall be iu force from and after its ratification. \_RcUified the 1st day of February^ 1865.]

Ohap. 16. AN ACT TO PUNISH PERSONS FOK PLACING OBSTRUCTIONS IN THU NORTH EAST BRANCH OF THE CAPE FEAR RIVER.

Deemed to be SECTION 1. Be it enacted' by the General Assemhly of the misdemeanor. State of North- Carolina, and it zs hereby enacted by the authority of the same, That any person who shall wilfully and maliciously put or place any matter or thing, in, upon, or over, the north east branch of the Cape Fear river, in the counties of Duplin and New Hanover, with the intent to obstruct, stop, hinder, or delay the free passage offish up said rivers, shall be qnilty of a misdemeanor, and on conviction thereof, in the county or superior courts, shall be fined or imprisoned, at the discretion of the court. Sec. 3. -^j it further enacted, Ihat this act shall be in force from and after its ratification. ^Ratified the ^th day. of February, 1865.] 1S65.— CiiAP. IT— :S^-19. 5

AJJ ACT TO TKEVENT OBSTKUCTIONS TO THE PASSAGE OF FISH UP Chap. 17. NEWBe6aN creek in the county of PASQUOTANK.

Section 1. Be it enacted J>ij the General Assemhly cf tl>e Seine, nets. "^^^^^^'^^ State of North- Carolina, and it is hereby enacttd hy the authority of the same, Tliat hereal'ter it sliall be unlawful for s.v.y person to strctcli any seine, net, wire, or hedge, more tlian one lialf the distance across the cininnel of Newbegan creek in the county of Pasquotank, between the first day of

Marcli and tlie twentietli day of May; and further, that it shall be unlawful for any jierson to use any seine, net or wire in said creek afoj-esaid above the first fishing hedge in

tlie same.

Sec. 2. Be it further enacted. That every one violating Penalty.

the provisions of tliis act, shall be guilty of a misdemeanor, and upon conviction thereof in any court of I'ecord. shall be fined or imprisoned, or both, at the discretion of the court. {^Ratified the 'dd da]/ of I'elruary, 1SG5.]

AN ACT FOR THE RELIEF OF W. B. CAMBELL, SHERIFF OF BEAU- Chai). IS, FORT COUNTY.

Section 1. Be it enacttd hy the General Assemhj of the Arrearages of taxes. State of North- Carolina, and ii is hereby enacted by the authority of the same. That William B. Cambell, sheriff of the county of Beaufort, be, and he is hereby authorized to collect arrearages of taxes due for the years ISoO, 18G0 and ISGl.

Sec. 2. Be it further enacted. That this act shall be in force from and after its ratification. [Ratified the Sth day February, of 1805 ]

KS ACT IN RELATION TO OIJSTRDCTIONS IN THE YADKIN JtlVKR. CJujJ). 19.

Section 1. Be it er.actcd by the General Assemhly of the D^/^mpd to b* State of Nortil- Carolina, and it is hereby enacted by the au- misdemeanor. thority if the same, That it shall be unlawful to obstruct the Yadkin river by the felling of timber or otherwise from 58 1865. Chap. 19—20.

the mouth of Elk creek in Wilkes county, to Patterson's factory in Caldsvell county; and that any person violating tlie provisions of this act, shall be guilty of a misdemeanor, and shall, upon conviction thereot, in any court of law,

be fined and imprisoned, at the discretion of the co\irt. 5ec. 2. Eg it furtJur enacted^ That this act shall be in force from and after its ratification. {Ratified the '6th day of February^ 1865,]

Chap. 20. AN ACT TO mCOEPOEATE THE CU]yiBEKLARD MONUMENTAL ASSO- CIATION.

Body politic SECTION 1. Be it enacted l)y the General Assemlly of the State of North- Carolina^ and it is hereby enacted hy the authority of the same., That Edward J, Hali, Henry L. M^m-o- ver, Alfred A. McKethan, Duncan G. McRae, Archibald McLean, Jesse G. Shepherd and William B. Wright, and their associates and successors, be, and they are hereby constituted a body politic and corporate, by the name of " Cumberland Monumental Association," for the purpose of erecting a monument in the town of Fayetteville, to the memory of the gallant dead of the county of Cumberland,

who have fallen or may fall, in the present war for South- ern independence.

Real and per- Sec. 2. Be it further enacted., That said Association shall sonal estate. have power to purchase, hold, and possess, real and personal estate, in the town of Fayetteville, and to pass by-laws,

to have a common seal, appoint oflJicers, and to exercise ail such rights and privileges as may be necessary, to can-y out the object of the Association.

Sec 3. Be it further enacted., That this act shall be in

force from and after its ratification, and continue for ninety- nine years. \_Ratified the 1st day of February, 1865.] 1805. Chap. 21-23—24. 69 an act to incorporate mount herman lodgk, a. t. m., in the chaj). 21. county of buncombe.

the Body politic. Section 1. Be it enacted ly the General AssemUy of State of North Carolina., and it is hereby enacted hy tJie which fhority of the sayne^ That the masters and wardens at present are or in the future may be, of Mount Herman Lodo-o, No. lis, in tlie town of Ashevillo, Buncombe coun- cor- ty, are hereby constituted and dechired to be a body Powers, porate under'the name and style of Mount Herman Lodge, and by such name shall have a common seal, may sue, and be sued, plead, and be impleaded, acquire and transfer property, real and personal, necessary only for the transaction of the business of the corporation, and pass all such by-laws and regulations as shall not be inconsistent with the laws of the State, or the Confederate States. shall in Sec. 2. Be it further enacted, That this act be force from and after its ratification.. \_Ratified the 1st day of Febiuary, 1S65.]

AN act in favor OF WILLIAM HAYMORE, SHERIFF OF SURRY Chaj[). 22. COUNTY.

the State Arrcaragee of Be it enacted hy the General AssemUy of of North Carolina, and it is hereby enacted by the authority of the same, That William Haymon, high sheriff of the county arrears of Surry, be, and he is hereby authorized to collect Provided, That of taxes for the years 18G2, 1863 and ISGl : shall this act shall not apply to the taxes of any person who taxes make oath in duo form of law that his, her, or their have been paid. \_IiaiiJied the 1th day of February, 18G5.J

AN ACT authorizing THE PUBLIC TREASURER TO BENT OUT THE U^^ap. 23. buildings on BURKE SQUARE.

the Forfooo. Section 1. Be it enacted by the General Assembly of State of North- Carolina, and it is hereby enacted hy the au- he is thority of the same, That the Public Treasurer be, and 00 18G5. CaAP. 23.

lierebj authorized to rent ont the buildings on Bnrke Square' to J. M. Lovcijoy, at six himdrod doHars per annum, payable in currency.

Sec. 2. Be it furtJier enacted^ That all laws and clauses of Ipws, coming into conflict with this act, be, and they are hereby repealed. \_Ratijied the \st day of Fthntary^ 1865.J RESOLUnoNS

OF A PRIVATE NATURE, PASSED BY THE GENERAL ASSEMBLY

OF NORTIi-CAEOLINA,

AT ITS

RESOLUTION IN FAVOn OF WILLIAM F. WASSON, IIJOII Sin':RIFF OF COUNTY OF IREDELL.

Resolved, Thnt William F. Wasson, hio^li sheriff for tlie Arreamgce of ^''^''^' comity of Iredell, be, and he is hereby authorized to collect arrears of taxes for the .years of ISGl, 1S62, 18G3 and ISGI: Provided, Tiiat this resolution shall not apply to the taxes •)f any person who will make oath in cue form of law that his, licr, or their taxes have been i)ai

RESOLUTION IN FAVOIi OF .TAMIW 7>I. TOWLKS*

It appearing to the satisfaclion of the General Assembly p,.,.;,!iiinlilo. tliafc the Speaker's certiiicatc for §;4fjl-, issued at sprini^ session 1SG4-, to Eli ^pruill,membcrof the House of Commons, for iiis pay and mileage was lost or mislaid after beiuir transferred to James M. Towlc;^, of the city of KaleiL^h : Bo it therefore, Resolved, That the Speaker of the House of Commons, Dutyoftbr issue a duplicate certificate for $404, to James M. Towles, ST^"'kcrof tha Hs agent lor Lh bpruill, upon tlie said Towlcs executing and Comuious. 1S65. REsoLUTioNg.

delivering to the clerk of the Ilonse of Commons a hond, payable to the State of North-Carolina, in the sum of ^1,000,

with approved securities, conditioned to sav^e the .•^aid State Ijarmless from loss on account of said certificate. The bond when executed to be delivered to the Public Treasurer for Bafe keeping. \_Rat'jied tlic'Jth day of Fehruarij^ 18G5.]

KE30LUTION3 IN FAVOS OF THE OLD DOMINION TRADING COM- PANY.

V'fcamblo, It appearing to the satisfaction of the General Assembly that the old Dominion Trading Company of the city of Richmond, in the State of Virginia, were the owners and holders of certain bonds of this State with tlie dates, num* ^ bers^ amounts, and times and places of payment, as follows,

to wit : Throe bonds dated 1st January, 1853, Nos. 286, 4i2, each for igl,000 1st January, 293, payable 1863 ; Also, six bonds of like amount, Wos. 806, 822, 823, 839, 840, 850, dated 1st July, 1863, payable 1st July, 1883; Also, eight bonds of like amount, Nos. 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, dated 1st January, 1854, and payable 1st January, 1884; Also, one bond of like amount, Ko. 259, dated 1st Jan-

uary, 1S56, and payable 1st January, 1886 ; Also, two bonds of like amount, Nos. 909, 911. dated 1st July, 1857, and payable 1st July, 1887; Also, four bonds oi like amount, Nos. 290, 291, 292, 715, dated 1st January, 1860, and payable 1st Januiry, I'-OO. All of which said bords were signed by the Governor of this State, and countersigned by the Public Treasurer there-

of, were payable at the bank of the Republic, in tiie city of New York, at six per cent, intei'est per annum, with coupons for the interest, pa3^able semi-annually, and that coupons of last date attached and due upon all the said bonds, the 1st were due on date July, 1803 ; Also, one other bond. No. 364, for like amount, dated 1st July, 1858, and payable 1st July, 1888, with like interest, and payable at same place as above, and last coupons attached and due 1st July, 1863, which last named bond was 1865. KEsottrrloNg. 63

B'gned by the Public Treasurer and countersigned by the Comptroller of this State;

And it further appearing to the satisfaction of the Gen- eral Assembly, that the said bonds were in a course of trans- mission by their owners to their agent, Henry W. Moncure, in Liverpool, by the hands of P. II. Butler, of Pichmond, Va., by way of Nassau, and that wdiilo tlie said Butler was on his passage from a Soutliern port to Nassau on board the steamship Beauregard, tlie said ship was in great peril of being captured by the enemy, and that the said Buller to prevent their falling into the hands of the enemy ar.d by the advice of the captain of the said ship, on or about tlie

26th June, 1S63, burned and destroyed all of the said bonds 80 that they can in no manner be brought for payment against this State; Therefore, Ic('6vIcc(L 1 hat the Public Treasurer be authorized and DupHoate

• boTHls may b* 1 . , 1 1 T -r>. • • n- ^ yi requiretl to issue to tlie said old iJominion iradmg Com- issued, paiiy, of the city of Pichmond, like bonds of those herein recited, to be signed and countersigned in the same manner, and showing in the faces or by endorsements upon eacli of

them, what particular bond it has been issued in lieu of, and the said l)onds shall be signed by the present Gover- nor, Tr.asurer or Comptroller, as the originals were, and shall unpaid forth have the coupons attached as above set ; and the said bonds when so issued sliall in all respects be as binding upon this State as were the said original bonds.

Jiesolved, That as a condition precedent to the issuing of Condition* of '^"'"'^^uc. said bonds, the old Dominion Trading Company is hereby required to enter into bond with security to be approved by the Public Treasurer, in the penal sum of iifty thousand dollars, payable to the State of North-Carolina, and condi-

tioned to save the State harmless from all loss or damage which she may sustain, by reason of the said bonds not iiav- ing been actually destroyed, and the same shall be deposited witii the Public Treasurer for safe keeping. [^Ratijied i/ie 1th day of luhruari/, 18G5;] ^ i860. tll^S0LtJTI0N3.

KESOI-.UTION CONCKKNIXG THE SHERIFF OF DAVI15 COUNTY.

Preamble. Whkricas, In a i-Gsolutioii passed at tho first session of the present Lcij^islatnrc in tavor of Yv*. A. Tilaroney, slieriff of Davio cotiiity, tho sum of font- hundred and twenlj-four dollars was bj mistake, allowed the said sheriff, instead of forij-for.r dollars: Therefore,

Aiior.s $44, liesolvcd, Tiiat tiio intention in the passage of the said resolution was to pa^y the said W. A. Marone_y, sheriff of

Davie county, tlie sum of forty-four dollars; and that he is hereby allowed tho same. {Itatijied the 7th do.y of Febru-_ ary, 1865.]

A RESOLUTION IN FAVOR OF E. D. DAVIS, SHERIFF OF rfACE30» COUxMTY.

Arrearages of JResoved, That E. D. Davis, sheriff of Jackson corinty, 1)0 "''* allowed until the tirst day. of October ne.xt to collect arreai*-

ages of ta.xes due for tlic years 186L and 1S62 ; Provided^ That no one simll be coinpelled to pay taxes for three years who will make oath that lie has heretofore paid said taxes. [Ratified the Wi day of February, 1S64.]

KKSOLUTION IN FATOK OF D. F. BlGLEr,. SHERIFF OF PESQUI- SLiNS COUNT/.

Arrearages of Eesolved, That 1). F. Baglev, sheriff of Terquimans connr fy, bo authorized to collect arrearages of taxes for the years 1803 and 1^64. ^Ratified the 6fh day of February, 1865.]

A RESOLUTION IN FAVOR OF A. K. SANDERS, FORMER , SHERIFF or MONTGOMERT COUNTY.

Arrears of Resolved, Tiiat A. H. Sanders, f>rmer slicriff of Mont- taxes. ffoniery county, be allowed to collect arrears of taxes for the years 1864: and 1865, and nil former taxes. [^Ratified the 6th day of February, 1865.] 1S65. Resolutions. 6i

RESOLUTION OF THANKS TO MAJOR HARVEY BINGHAM AND CAPTAIN JORDAN COOKK, AND THE MEN UNDER THEIR COM- MANDS.

lieaolved^ That the thanks of tin's General Assembly are Returns ^' due and are liereby tendered to Mnjor Harvey Ijingham * '^^ and Captain Jordan Cooke, of Waranr^a county, and the brave men under their commands, for tlieir etlicicnt services in capturiiiir deserters, bushwhackers and other law- less men in Watauga county, and the adjacent country, wnd in defending the northwestern frontier from the incursions and depredations of these marauders during the past two year*. Resolved, Tliat His Excellency, Governor Vance, be re- questetl to communicate a copy of the foregoing resolutions to Major Birighain and Captain Cooke at his earliest convenience. \liatlfied the \st day of Fehruary, 1865.]

RESOLUTIONS IN FAVOR OF THOMAS D. WALKER.

Whereas, It appears to the Assembly that Thomas D. PreamWe. Walker, of New Hanover county, has overpaid to the Treasury' the sum of three hundred and seventy eight dollars in taxes, in consequence of an error in the tax list taken of said county; therefore, be it

Resolved, That the Treasurer be and he is hereb}' author- Refunds $378. ized to refund to the said Thomas D. Walker the said sum of three hundred and sevenly-cight dollars. [^Ratified the 1st day of Fehruary, 18G5.] STATE OF KORTrl-CAROimA, i Oi'TlCIi OF BECKKTAltY f>K StATK, r

Novemler 2Qih, 1865. )

I, RoBT. "W. Best, Secretary of State in and for tlier

State of Nnrth-Ciirolina, do herob}' certify that t!ie foregoing are frne copies of tlie oriofiual Acts and Resolutions on iile in this ofiice. Given under vay hand, tliis 20th day of Novcinbcr, 1SU5. ROOT. W. BEST, iSecrettuy of SidU. ^CT

AND RESOLUTIONS

OF THE GENERAL ASSEMBLY

OF THE

STATE OF NORTH-OAROLIKA,

PASSED IN

SECKET SESSIOISr.

EALEIGII: CANNON & IIOLUEN", PRINTERS TO THE CONVENTION. 1 S045.

OF THE GENERAL ASSEMBLY

OF THE STATE OF NORTH-CAROLINA,

PASSED IN

SEOEET SESSION.

AN ACT TO RATIFY AND CONFIRM ON THE PART OF THE STATE Chap. 1. OF NORTH-CAEOLINA, A CONTEACT MADE BY JOHN WHITE, ESQ., SPECIAL COMMISSIONER OF THE SAID STATE, WITH MESSRS. ALEXANDER, COLLIE & CO., OF THE CITY OF MANCHESTER, IN THE KINGDOM OF GREAT BRITAIN, FOR A LOAN OF MONEY.

Section 1. Be it enacted hy the General Assembly of Governor < the State of North- Carolina^ and it is hereby enacted hy the execute thi ^^^^'^^^ thority of the same, That the contract heretoforo made by John White, Esq., special commissioner of the said State with Messrs. Alexander, Collie & Co., of the city of Man- chester, in the Kingdom of Great Britain, for the loan of

money to tho State, be, and the same is hereby ratified,

confirmed and adopted in all things by tlie State of North-

Carolina, and the Governor of the State is invested with full power and authority to execute the same.

Sec. 2. Be it fxirthcr enacted, That this act shall be in

operation and eflect from and after its ratification. \_Rati' fled tlie Gth day of July, 1863.] 18G4-'65. Chap. 2.

^hap. 2. AN ACT ArXHOKIZING THE GOVERNOR OF THE STATE TO PURCHAi^B COTTON AND WOOL CARDS.

rovidea for SECTION 1. Be it cnactccl 5// ilie General AsserrJdy of the

S^.owi^prs^ of State of North- Carolina^ and it is herthj enacted hj the an- ^^}^^^^^ thorilv of the same. That the Governor of tliis Stato be an- ao 50,tAX) prs. "^ '^ ' fwooi cards, thorizcd aucl directed to pni'chasefor tlic State two liufidred and tiftj lliousand pairs of cotton caids, and fifty thousand pairs of wool caixls, throngli our agent in Europe, and have the same transmitted at as early a day as possible; and

when so procured, it shall be th.) duty of the Governor, or his agents in the State, to distribute said cotton and wool cards throughout the State, in quantities to each county,

according to its population, upon the payment by said counties of the prime cost of the articles, with expenses incui:i"ed

in transportation and other incidental expenses, which Sliid cards may have cost the State of North-Carolina.

Sec. 2. Be it further enacted, That this act shall be in force from and after its ratification. \Uatijied the 1th. day of July, 1865.] / KESOJLTJTIOlSrS

OF THE OENERAL ASSEMBLY

OF THE STATE OF NORTH-CAROLINA,

PASSED IN

SECSET SESSION.

EESOLUTION OF THANKS TO COL. CROSSAN.

Resolved, That the thanks of this General Assembly are Tcndcre ^^'^''^•

RESOLUTION FKOM THE .JOINT SELECT COMiHTTEE ON THE Vi;iiBAL MESSAGE OF THE GOVERNOR.

Resolved the General Asseinhly the State hy of of I^oHh- jvpprowriato* 'Carolina, That the sum of two millions of dollars be, and ?a,ow.\00^ the same is hereby .ap])ropriated to enable the Goveruof of 73 1865. Eesolutions.

thi8 State to purchase clotliing ; and a vessel to transport, the same if deemed necessary, for our troops now in the Confederate service, and in case any contracts for this purpose have ah-eadj been made by the Governor, that this General Assembly do now assent to and ratify the same on behalf of the State, and do authorize the Governor to use any inonej^s in tlie treasury which can be applied to this purpose, or to use the coupon bonds of the State, if the same

can be disposed of as money : Provided, the amount of the contracts, if anj' have been or shall be made, shall not exceed the sura ot two millions of dollars. \_Ratified the 'llth day of November, 1862.]

EKSOLUTIONS AUTUORIZING THE GOVERNOR TO DRAW UPON THE TREASURER FOR MONEY TO PURCHASE COTTON, AC, AND IN ORDER TO COMPLY WITU THE CONTRACT MADE BY JOHN WHITE, ESQ., COMMISSIONER, AND FOR OTHER PURPOSES.

Preamble. Whereas, By a contract entered into in behalf of this State, on the part of John White, Esq., our special commis-

eioner, it is agreed that the said contract which he has made with Alexander, Collie & Co., of Manchester, England, for the loan of money be discharged in cotton, deliverable after

peace at some port in the Confederate States : GoTernor au- Be it resolved hy the General AssemMy the State thorized to of of make pur- Nortli-Carolina, That tlie Governor be authorized to purchases of cot- chase at his discretion the cotton that may be needed for the

aforesaid purpose, and he is authorized fully to draw upon the treasury for such sums of money, from time to time, as may be needed to execute on the part of the State the said contract. The State Resolved, That the use and disposing of the steamship steamship. purchased for the State, shall be confided to the judgment and discretion of the Governor, and in case he shall send the steamer to sea, to bring in the remaining portion of the cargo purchased by the said John White, and now at Ber-

muda, he is authorized hereby fuU}'^ to purchase or supply such cargo for the out going of the said steamer, as may be most available to us in foreign markets, and draw upon 18G5. Resoluiions. 73

the Treasurer for snch sums as may be needed for this purpose. I?esohrr7 furt/ic?\ That the Governor be autliorizcd to Anagenttobo "^ • employed, 1 1 ji- erap'oy an agent to sell at public auction the coiiue and ruin, and the furniture needed in the ship, reserving so

much thereof as is necessary for the hospitals, and dispose of the proceeds in the purchase of a cargo for the ship be- longing to the State, if the Governor should conclude to Bend out another cargo, and if not to pay the nett amount into the public treasury.

in opinion of tliis General Assembly, C"tton inpoa- Resolved.' That the •' ^ ' session of tho , , the cotton now owned by the State is virtually pledged to state. Alexander, Collie & Co., of Manchester, on account of the aforesaid loan, and should not be used or disposed of, unless

in the judgment of the Governor, the same is in danger of loss, waste or damage, and whenever disposed of for this

cause, the Governor is directed to make other purchases,

' that the supply may be kept up, and the faith of the State preserved with the utmost iidelity and strictness. {liatified the 1th day of July, 1863.]

A RESOLUTION IN KEGAED TO THE AKClIIVES,

Whereas, By reason of the frequent incursions of the preamble, enemy from his garrisons in the eastern part of the State

towards the interior, the public danger is increasing; and, whereas, by reason of these incursions, and the want of

proper force for defence, the capitol of the State, with all the public papers and archives, money, bonds, army stores and all the effects of every kind connected with the State

government may be destroyed or put in peril of loss : Resolved, That the Governor of the State be directed to Certain boxea tobeconBtruc- I 1 1- ..1 i- 11 ^1 •!• 1 •!• have made or procure tor the use ot all the civil and mill- ted. tary departments at the scat of government such boxes as may be needed for the removal of all the aforesaid government effects, as also to remove the same at his discretion,

and he is authorized to draw upon the Treasury for such 74 1SG5. Resolutions.

^iini cf nioney as may be needed for tiio execution of this ,purj)03i'. \_liaiified the 1th day of Jiily^ 1SG3.]

A KESOLUTIOX CONCEENING THE PL'KCIIASE OF AEMS AND AMUNITION,

Arms. Amuni- Resolvccl hj the General Asscwlly of the State of North- lion, Ac. Cm'olrna^ That the authnritj conlerred upon the Governor by a joint rcsoliitioii, psjssed at the ]irepent sessi-.n, appro-

priating^ two millions ol' dollars for the purchase of clofiiing,

&c., 1)0 extended so as to include the ])r.rchase of arras, amuniiion aiid other necessary snpj)lics, in addition to the iirticles tlierein enumerated, and tliat both resolutions shall

take effect from and •a^\qv their ralilication. [^Ratijied ih* Uh day of Dectmlcr, 1SG2,]

KESOLUTION AUTlIOELZmG THE GOVERNOR OF THE STATE TO UNITE WITH ALEXANDER, COLLIE AND COMPANY IN PUECII^BB OF VESSELS.

Th« purchase I2esolved, That His Excellency, tlie Governor, be and he 8 eamsnips. jg ]j^.,-(j5y authorized and empowered to unite with Messrs. Alexander Collie & Co., or Alexander Collie, in the purchase of ene-fonrth interest in four steainei's, to be employed

in importing goods from Europe, or any islands in tlie seas, to the port of Wilmington, and carrying out produce from the same port, on sucii terms as may be mutually agreed wpon by the parties aforesaid; Provided, Tliat the cost to the State of the one-fourth interest, in each of the said •steamers, shall not exceed the sum of twenty-live thousand •dollars, or one hundred thousand dollars in the aggregate

amount^ and the Governor is hereby further authorized and empowered to ai^ph' to said purchase, in his discretion, the sum of one hundred thousand dollai-s, out of the loan authorized by this General Assembly to be negotiated in Europe on the sales of cotton shipped thither on State -iEGconnt. ISO 5. Resoldtionts. 75

IiCftoJvcd further^ That iftlic said steamers shall ho pnr- The interest *^ cliased, the Governor is fully anthorizcd and oini)o\vercd to g|"^g*' ^^

Bell the JDtcrest of the State in the same at any time, in his discrc'iinn, and pay the proceeds into the public Ireasiuy. [Ratijiid the i2i/i day of December, 18G3.]

A. RESOLUTION APPOINTING FOUR CO^nnSSIONERS TO PROCEED TO RICIIilOND.

Iiesolved„ That a commission of fonr members of this Two from the

encrril Assembly, consisting or two irom tlie lionse oi from the Seii- CominoT'.s and two from the Senate, be sent to the city of ^^'''- Richmond to confer with the President, and other authorities of the Confederate States, upon the condition of the Confedoi'acy, and to gain and report to this General Assem-

bly all ]K)Ssible information in regard to the same, and that this commission proceed immediately and report at tho earliest practicable time.

STAE OF NORTH-CAROLINA, 1 Office of Sfcuktaky of State, > ^rP^?j3?^** «-«».ow^ Novemher m/i, 1865. )

I, RoiiT. "W. Best, Secretary of State in and for tho State of North-Carolina, do hereby certify that the foregoing are true copies of the original Acts and Resolutions on file in this olKce. Given under my hand, this 20th day of November, 1S65. ROBT. W. BEST, Secretary of State.

INDEX

TO PUBLIC LAWS,

ADJOURNED SESSION, 13G5.

PAGB. fCHEROKEE LANDS—

An act in relation to Cberokee Lands, . * - - 8 Sessiom lf»a. COUNTIES— An act to give jurisdiction to the Superior Court of Wilson county, -...-4 An act to restore jury trials in certain civil causes to the ' Court of Pleas and Quarter Sessions of Chowan county, 4 An act to authorize the Magistrates of Alamance to lay a

tax for support of soldier's families. . . - . Q An act authorizing the County Court of Jackson to elect a

Tax Collector, - - - - 6 --. ..

An act in regard to the Justices of Pasquotank county, - 7 An act to authorize the county court of Surry to elect wardens of the poor, &c., 7 _-•

An act in regard to the holding of Courts for Brunswick, - 8 An act to allow fifteen magistrates to transact business for

Halifax, - - 8 An act in relation to delivery and execution of process in Jones, ---.^ 9 An act declaring what number of justices shall constitute a quorum in Columbus, -- 9 An act to give the county court of Pitt jurisdiction in the establishment of last wills, 10 An act for the relief of persons that may have suffered from

the burning of Buncombe court-house, - - - - 10 MILITIA— An act to amend an act to increase the cfRciency of the Homo Guard Organization, 12 PUBLIC ROADS— An act to increase the penalty for failing to work upon public roads, &c., 14 An act concerning roads, .---.-.14 n INDEX TO PnBLIC LAWS.

PAGE. PUBLIC TREASURER— 8BSSI0N 18G5. An act making the chief clcjlc in Treasury dciiartmcnt a commissioner of affidavits for certain purposes, - - 15 REVENUE—

An act to amend an act entitled "Revenue," - - - 16 SALARIES AND FEES—

An act to amend an act in relation to Salaries and Fees, - 18 SECRETARY OF STATE— An act to autliorize the Secretary of State to employ a clerk, 18 SWAMP LANDS— An act to provide more effectually for reclaiming Swamp Lands, -----... -18 TOWNS — An act to increase the povs-crs of the commissioners of Greensboro', oq

An act in reference to the town of Kinston,- - - - 21 An act to legalize the election of intcndant and commissioners for I>[onroe, -- 23 An act to amend the laws regulating the appointment of

inspectors of flour for FayetLeville, &c., - - - - 33

An act to amend the charter of - - - - Sa.isbury, 24J An act concerning Fayetteville, ------MISCELLANEOUS—

An act to extend the time fur perfecting titles to lands heretofore entered, ------.-25 An act for the benefit of persons who have entered vacant lands, -....20 An act to re-arrange the offices in the capitol, - - - 20 An act in favor of discharged soldiers from the Confederate

army, . 27 An act concerning injunctions, --...- 27 An act concerning the mode of taking depositions in certain cases, ---.... .-.-28 RESOLUTIONS— Referring to S. F. Phillips the matter pertaining to the State's blockading operations, ---... 39 Relative to the exemption of certain State employees, - - 29 Authorizing the Treasurer to receive partial payment of tases from counties within the enemy's lines, ... - 30 In favor of abolishing provost guards, - - - - - 30 Authorizing the Governor to send State supplies to Wilming- ton for support of citizens, - 30 / In favor of private, n(m-commissioncd officers and officers of the line, --.. qi To retain millers and artisans at home, - - - - 3J INDEX TO PUBLIC LAWtf.- m

PAGE.

Authorizing tlic Governor to remove tlic State salt works

from "Wilmington, - - - 32 Session 1865.

In favor of North-Curolina prisoners of war, - - - 32

Against the policy of ariTving the slaves, - - - - 33 In behalf of Thus. R. Fentress. 33'

In favor of S. F. Phillips and II. L. Phimmcr, - - - 34'

In favor of do i-kecpers, - - 34 In favor of principal of Deaf and Dumlx and Blind Asylum, 34

In f\vvor of Jno. Pool, D. 1*1. Cai tcr, S. J. Person and E. J. Hall, - 35'

In regard to slaves at Avork on fortifications, - . . So--* Requesting the State appraising commissioners to allow

market value in case of a2>l''^<^'2i, 35' 30'' In favor of Messrs. Calvert and Fiogers, - . v .

In favor of ]}rincipal clerks of two houscf*. - - - - 3G

Concerning mih;age of member? of Cr.nend Asscmbh', - 37 In favor of commissioners of Si;.k!ng Fund and the Secre- tary of the board, - 37

In reference to the arrest and connnenicn '.of 11. P. Hitter, 37 Instructing a joint select committee in fcgard to railroads, 38'

Relating to a suspension of writ of habeas corpus, - - 39" In favor of junior and senior reserves, 41 In favor of Drury King, 41

In favor of principal clerks of twtj houses, - - - - 41 Authorizing the Governor to contract for salt with Stewart, Buchanan & Co., 4i

On the subject of peace and a preparation for war, - - 4^

IISTDEX

TO PRIVATE LAWS,

ADJOURNED SESSION, 1865.

PAGE. ACADEMIES— An act to enlarge the chartered privileges of the Trustees of Yatlkin College, 45 Session 1865. An act to incorporate the Trustees of the Hill Orphan Fund, 46 BRIDGES— An act to incorporate the Big Falls Toll Bridge Company, 47 An act to facilitate the building of bridges in Alamance and Granville,------48 An act to incorporate the Haw river Toll bridge company, - 49 EXPRESS COMPANIES— An act to amend the charter of the N. C. Express company, 50 LAIPORTIXG AND EXPORTING COMPANIES— An act to amend an act incorporating the Cape Fear Import- ing and Exporting conajjany, 50 -MINING AND MANUFACTURING COMPANIES— An act to increase the capital of the Monatock Mining and ^Manufacturing company. 51 An act to amend tlie charter of the Drakeville Iron company, 51

An act to incorporate the Deep River Woolen Mills, - - 52 PLANK ROADS— An act to amend the charter of the Pittslioro' and Haywood Plank Road comjiany, - 53 PUBLISHING COMPANIES— An act to incoqjorate the Conser\'ative Publishing company, 53 RAILROA I) ( 'OMPANIES- An act to amend tlie charter of the Piedmont Railroad com])any. 54 TURNPIKES— An act to amend an act to provitle for a turnpike road from Salisbury west to the line of the State of Georgia, - 54 II INDEX Tf» PRIVATE LAWS.

PAGK. miscellaneous- Session- 18fi5. An act to exempt the employees of the N. C. Powder Mannftifturing company, ------55 An act to pimish persons for placing obstructions in the N. E. Branch of the Cape Fear, ------50 An act to prevent the passage of fish up Newbegan Creek, - 57

An act for the relief of W. B. Cambell, - - - - 57 An act in relation to obstructions in Yadkin river, - - 57 An act to incorporate the Cumljcrland Momnnental Associa- tion, 58

An act to incorporate the Mt. Herman Lodge, - - - 59 An act in favor of "VVm. Haymore; 59 An act authorizing the Public Treasurer to i-cnt out the buildings on Burke squai'e, 59 RESOLUTIONS— In favor of Wm. F. Wasson, 01 In favor of James M. Towles, 01 In favor of Old Dominion Trading Company, - - - 62

Concerning the sheriff of DaA'ie county, - - - - 64 In favor of E. D. Davis, 04

In fovor of D. F. Bagley, - - 64 In favor of A. H. Sanders, 64 Of thanks to Maj. Harvey, Bingham, &c., - - - - 65 In favor of T. D. Walker, 05 IIsrjDEX

TO ACTS AND RESOLUTIONS

OF THE GE^^ERAL ASSEMBLY,

PASSED IX SECRET SESSION.

PAGE. ACTS— An act to ratify and confirm on the part of the State a contract made by Jno. White Avitli jNIessrs. Alexander, Collie

& Co., - " C9 An act authorizing the Governor to purchase cotton and wool cards, 70 RESOLUTIONS—

Of thanks to Col. Crossan, - - 71 I'roni the joint select committee on the verbal message of the Governor, 71 Authorizing the Governor to draw upon the Treasurer for

money to purchase cotton, &c.,------72

In regard to the Arcliieves, etc., of the State. - - - 7:5

Concerning the purchase of arms and ammunition, - - 74 Authorizing the Governor of the State to unite witli .Alex-

ander. Collie 6: Co., in purchase of vessels, - - - 74

Appointing four commissionerij to proceed to IJichmond. - 7.")

aii:

'\l\'