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LEGISLATIVE DOCUMENTS,
Irssiua 180if-'00.
SENATE AND MOUSE.
VOL. XI.
EALEIGH:
W. W. HOLDEN, PRINTER TO THE STATS.
1855.
INDEX.
SENATE DOCUMENTS.
Page.
Bill to Amend the Constitution, 1
" to Provide for the Election of Selectmen 5
" to Authorize Cape Fear and Deep River Navigation Com-
pany to issue bonds, tie 11
" to Incorporate the French Broad Railroad Company, 11)
" Concerning a Convention, 39
Memorial of Stockholders, &c 47
Bill to Incorporate the Bank of Clarendon, 52
" to Construct a Shi;> Canal f>5
" to Re-charter the Bank of Cape Fear SI
" to Incorporate the Dan River and Yadkin Railroad Company, 88
*' for the Completion of the North Carolina Railroad, 10 )
" to Incorporate the Bank of Greensborough 113
" to Charter the F-ivetreviile and Greensborough Railroad, .. 125
41 to Provide for Repairs of Roads ' lot
" to Incorporate the North Carolina Railroad Company, 157
" Concerning Fayetteville and Centre Plankroad Company, .. J77
" to Establish the Central Bank of North Carolina, 181
" to Incorporate the Pamlico Bank, 195
" Concerning the Valuation of Land 20 t
V for the Reduction of the Public Debt 217
Memorial from the State Agricultural Society, 219
Report of Committee on Internal Improvements on the North
Carolina Railroad, 221
Report of Committee on Internal Improvements on bill, &e 237
Statement from Public Treasurer 241
Amendments to bill Concerning Revenue 245
Bid to Incorporate the North Carolina and Central Atlantic and
Paciiie Railroad Company, 057
" to Confer Banking Privileges, 279
Report of Committee on Judiciary on Farmer's Bank, 295
" " Internal Improvements, 299
HOUSE DOCUMENTS.
Page.
Bill to Authorize Formation of Limited Partnerhips, . ) 1
" to Divide the State into Nine Judicial Circuits, 9
Resolutions on the Public Lands, 15
Bill to Repeal 117th Chapter Revised Statutes, 17
& tSDKX.
Bill to Incorporate Bank of Wilmington, 21
" to Amend an Act to incor. Atlantic and N. C. R. R. Co., .... 39
Bill About a Convention, 47
" to Amend the Constitution 51
Report of Salisbury Internal Improvement Convention, 55
Bill to Incorporate Western R. R. Co., 67
" to Incorporate Chatham Railroad Company, 89
Resolutions on Slavery, 107
Bil! to Incorporate Wilmington and Charlotte R. R. Co., Ill
" in Relation to Attorneys, 134
" to Prohibit Sale of Liquor to Free Negroes, 135
" to Amend the Constitution, 139
Resolutions Concerning Courts 143
Bill to Increase Capital Stock of Bank of Charlotte 147
u to Incorporate Bank of Salisbury 151
" in Relation to County Courts, 1 63
" Concerning Real and Personal E.-tate, 151
" to Incorporate People's Bank 1 67
" Concerning Killing Stock on Railroads, 190
" to Incorporate Union Bank, 191
" Concerning Writ of Trepass on the Case, 205
" to Recharter Bank of the State, 207
" to Incorporate Bank of Gold>boro', 223
" to Incorporate Plymouth Bank 2S9
*' for Laborer and Mechanics' Lien, 253
" Concerning a Railroad from Beaufort to Fayetteville, 255
" to Establish a Bank at Pittsboro', 271
" Concerning a Penitentiary, 2^3
Repoi t of Committee on Revised Statutes, 287
Bill te Create a Scientific and Military School, 291
Bill to Incorporate the Farmer's and Miner's Bank, £01
" to Authorize Banking, 311
" to Incorporate the Salem Bank, . 333
" to Remodel County Courts in Cumberland 347
Report of Committee of Finance on Treasurer's office, 357
Bill to Establish a Freehold Homestead 359
" to Punish placing obstructions on Railroads, . 303
44 for the better Administration of Justice, 367
Resolution Referring to Bonus from Banks, 379
Bill to Amend the Constitution, 385
" Concerning Public Roads 386
Memoiial from citizens of Wilmington, 391
Bill Concerning Revenue, 399
" to Establish Normal Schools 441
Report on Memorial from Wilmington, 449
Memorial of Wm. Collins, • 457
Communication from the Public Treasurer, 461
Report of Committee on Deaf and Dumb Asylum, 467
" of Conjmittee on Geological Survey, 473
" of Committee on Education, 483
Bill Concerning Board of Literature, 4:86
Report on Temperance • 4 87
S Doc. No. I.] [Ses. 1654- '55
A BILL
AMEND THE CONSTITUTION'
NORTH CAROLINA.
RALEIGH:
W. Yf. HOLDEN, PRINTER TO THE STATIC
1854.
Introduced by Mr. Boyd. — Read first time, laid on the
table, Mid ordered to be printed. Nov. 22, 1854.
A BILL
TO AMEND THE CONSTITUTION OF THE STATE
OF NORTH CAROLINA.
Whereas, A large number of the people are diefran-
2 chised by the freehold qualification now required for
3 members of the Senate : Therefore,
Sec. I. Be it enacted by the General Assembly of the
2 State of North Carolina, and it is hereby enacted by the
3 authority of the same, (three-fifths of the whole number
4 of members of each House concurring,) That the second
5 clause of the third section of the first article of the Amend-
6 ed Constitution, ratified by the people of North Caroli-
7 na, on the second Monday of November, in the year of
8 our Lord, eighteen hundred and thirty-five, shall be
9 amended to read as follows : — Every free white man of
10 the age of twenty-one years, who has been an inhabitant
11 of the State for twelve months, immediately preceding
12 the day of any election, and shall have paid a public tax,
13 shall be entitled to vote for a member of the Senate, for
14 the district in which he resides.
Sec. II. Be it further enacted, That the Governor of
2 the State be, and he is hereby directed, to issue his pro-
3 clamation to the people of North Carolina, at least six
4 months before the next election, for members of the Gen-
5 eral Assembly, setting forth the purport of this act, and
6 the amendment to the Constitution herein proposed ;
7 which proclamation shall be accompanied by a true and
8 perfect copy of the act, authenticated by the certificate of
9 the Secretary of Stale ; and both the proclamation and
JO the copy of this act, the Governor of the State shall cause
i 1 to be published in ali the newspapers of this State, ami
12 posted in the Court Houses of the respective counties in
13 this State, at. least six months before the election of hrenv
14 berg to the next General Assembly.
&8». Dot-. No. 1] [tkU j.im^^
A BILL
TO
PROVIDE FOR THE ELECTION
or x
COUNCIL OF SELECTMEN
IN THE
SEVERAL COUNTIES OF THE STATE
And to prescribe the powers and duties of th* same ; and
oho/or other purposes.
R A L E 1GH:
W. W. HOLDEN, PRINTER TO THE STAT3>
18*4,
Introduced by Mr. Fisher. — Read first time, passed, or-
dered to be printed, and referred to Committee on the Judi-
ciary. Nov. 25, 1854.
A BILL
TO PROVIDE FOR THE ELECTION OP A COUN-
CIL OF SELECTMEN IN THE SEVERAL COUN-
TIES OF THE STATE, AND TO PRESCRIBE
THE POWERS AND DUTIES OF THE SAME ;
AND ALSO FOR OTHER PURPOSES.
1. Be it enacted by the General Assembly of the State
2 of North Carolina, and it is hereby enacted by the autho-
3 rity of the same, That on the second Thursday in January,
4 in each and every year, the freemen in every School district.
5 in the several counties in the State, shall meet at the School
6 Houses of their respective districts, and elect a Selectman to
7 represent the district in a Council of Selectmen of the coun-
S ty ; and, for the purpose of having the election conducted
9 fairly and correctly, when tenor more voters of a district
10 shall have come together at the School House, for the pur-
11 pose aforesaid, they shall appoint a receiver of votes, and
12 two inspectors of the polls, who shall forthwith proceed to
13 open polls, and receive the votes, and shall keep a correct
14 list of the names of all who may give in their votes.
Sec. 2. And be it further enacted , That all freemen
2 of the District, qualified to vote for members of the House
3 of Commons, shall be entitled to vote for a Selectman,
4 who shall be an inhabitant and freeholder of the district ;
5 and, between the hour of four o'clock and sunset, the
6 receiver and inspectors shall count out the votes and shall
7 declare the person receiving the highest number of votes
8 to be duly elected as Selectman for School district No.
9 ; and they shall make out a certificate- sign the
10 same, and deliver it to the person so elected, as evidence
XI of his election.
Sec. 3. And be it further enacted ', That the Selectmen of
2 the several School districts, in each county, shall, on the
3 following Thursday, meet together at the Court House
4 of their respective counties, and organize themselves as a
5 Council of Selectmen, by appointing one of their num-
6 ber as chairman, and by taking an oath of fidelity to the
7 laws. The Clerk of the County Court AvM act as Clerk
8 to the council, and shall keep a (rue record ofallitsproceed-
9 ings ; and the Sheriff of the county shall attend on the
10 Council, in like manner, as he is now by law required
11 to attend on the County and Superior Courts.
Sec. 4. And be it further enacted, That each Select-
2 man, upon taking his seat in the Council, shall hand in
3 to the Clerk his certificate of election, to be by him care-
4 fully filed away. And in all cases where any question
5 may arise concerning the election of a Selectman, the
6 Council shall consider the same, and take such action
7 thereon as to them may seem just and proper.
Sec. 5. And be it further enacted, That all the local
2 business of the County, now transacted by the Justices
3 of the County Court, be, and the same is hereby, trans-
4 fened and committed to the Council of Selectmen. They
5 shall lay taxes to pay County charges, and taxes for the
6 support and maintenance of the poor of the County.
7 They shall direct the building and repairing of bridges ;
8 the laying out of public roads ; and the establishing of
9 ferries ; they shall have power to grant the privilege of
10 erecting and maintaining toll bridges, over streams not
il navigable, and for a term not exceeding years, at a
12 fixed rale of toll. They shall appoint overseers of the
I't roads, and assign the band? for working thesamn. Th*r
14 shall appoint patrols for each school district, and not, aaat
15 at present for captains' companies. The)' shall appoint
16 inspectors of elections, and they shall elect all the County
17 officers now elected by the County Court. All the pro-
18 bate and judicial powers of the County Court, as now pro-
19 videclby law, shall remain to the same, the object of this
20 Act being merely to separate local from judicial business,
21 and to place them in different hands.
Sec. 6. And be it further enacted, That the stated
2 times for the regular sessions of the Council shall be the
3 third Thursday in January, and the second Thursday in
4 July, that a majority of the members shall form a quo-
5 rum for business. That at the first session in January of
6 each year, four members of the Council shall be appoint-
7 ed by ballot, who, with the Chairman, shall constitute a
8 Standing Committee for the transaction of whatever bu-
9 siness may be referred to them by this Council, or the
10 discharge of any duty assigned.
Sec. 7. And be it further enacted, That the pow-
2 ers by this Act vested in the Council of Selectmen, shall
3 be exercised by the Council only to the extent now exer-
4 cised by the County Court, and under the same rules
5 and restrictions now prescribed by law.
Sec. 8. And be it further enacted, That the Clerk of
2 the County Court, actinar as Clerk of the Council, shall
3 keep and preserve a faithful record of all the proceedings
4 of the Council ; shall make out all orders of the Council
5 and deliver them to the Sheriff for service, in the same
6 manner as similar orders of the County Court are now
7 made out and delivered ; and the Sheriff shall serve and
8 deliver the same ; and the Clerk and Sheriff shall receive
9 the same compensation for their services as they now re
JO reive under the County Court.
10
Sec. 9. And be it further enacted, That upon the
2 day before named and appointed by this Act for the eleo
3 tion of Selectmen, and at every precinct where the elec-
4 tion is held for a Selectman, the Receiver and Inspectors
5 in charge of the same shall open a poll and receive the
6 votes for " License " or " no License," as an expression
7 in favor of or against the granting any license for the
8 sale of ardent spirits within the district ; and such ex-
9 pression of a majority of the votes shall determine wheth-
10 er or not any license may be granted for the sale of ardent
11 spirits within the district ; and all freemen of the district
12 qualified to vote for members of the House of Commons,
13 and who may be householders, shall be entitled to vote.
Sec. 10. And be it further enacted, That the Coun-
2 cil of Selectmen shall, upon all applications for license
3 to retail ardent spirits within the limits of any district,
4 grant the same under the restrictions now prescribed by
5 law, when the vote of such district shall have been given
6 for " License ;" but when any district shall have voted
7 " no License," the Council shall not grant license on
8 any application for the retail of ardent spirits within the
9 liir. *of such District.
Sec. 11. And be it further enacted, That within the
2 incorporated limits of all cities and towns, the corporate
3 authorities of the same, duly organized, shall have power
4 to grant license for the retail of ardent spirits, acting un-
5 der the provisions and restrictions of this Act, and the
6 Council of Selectmen shall not have jurisdiction within
7 said corporate limits, in granting license for the retail of
8 ardent spirits.
Sen. Doc. No. 3.]
[Ses. 1854-'55.
A BILL
TO AUTHORIZE THE
BR NAVIGATION
BONDS.
And for other purposes.
RALEIGH :
W- W. HOLDEN, PRINTER TO THE STATE.
1854.
[Introduced by Mr. Houghton. — Passed first reading,
referred to the Comraitte on Internal Improvements, and
ordered to be printed. November 28, 1854.]
A BILL
TO AUTHORIZE THE CAPE FEAR AND DEEP
RIVER NAVIGATION COM'Y TO ISSUE BONDS,
AND FOR OTHER PURPOSES.
Sec. 1. Be it enacted by the General Assembly of the
2 State of N. C, andit is hereby enacted by the authority of
3 the same, That the President and Directors of the Cape
4 Fear and Deep River Navigation Company, at any time
5 after the passage of this Act, may make their Bonds pay-
6 able to the public Treasurer of the State of North Caro-
7 lina, for the sum of $300,000 and no more ; which said
S Bonds are to be signed by the President, and under the
9 seal of the corporation, and made for any sum or sums
L0 not under $500 each, and to carry interest at the rate of
11 six per cent, per annum, which interest is to be paid
12 semi-annually, to wit : on the first Monday of January,
13 and the first Monday of July in each and every year
14 thereafter, and the amount of said Bonds shall be made
15 payable as follows, to wit : $60,000 on the first day of Jan-
16 uary, 1858 ; $60,000 on the first day of January, 1862 ;
17 $60,000 on the first day of January, 1S66 ; $60,000
18 on the first day of January, 1870 ; $60,000 on the first
19 day of January, 1874.
Sec. 2. Be it further enacted, That upon the Presi-
2 dent making the Bonds as aforesaid, and filing the same
3 with the public Treasurer of the State, it shall be his
4 duty, and he is hereby directed to endorse on said Bonds
5 as follows : " Pay to or order," and this en-
'6 dorsement pledges the State of North Carolina as security
7 for the payment of the sum in the Bond, according to
16
'28 company to pay and discharge, semi-annually, the infer-
29 est which may accrue on the bonds hereby authorised io
30 be executed, it shall be lawful for the Governor of thiB
31 Slate, for the time being, to appoint an agent and receiver
32 of the receipts from tolls and transportation due said com-
33 pany ; and such person or persons as shall be appointed
34 as receiver or receivers as aforesaid, shall alone have an-
35 thority to receive payment for transportation or tolls, and
36 it shall be the duty of such receiver or receivers to apply
37 so much of the profits from tolls and transportation as shall
38 be sufficient to pay the interest on said bonds, semi-annu-
39 ally, and to pay the excess to the President and Directors
-10 of said Company,
Sec. 7. Be it further enacted, That, in case of failure
2 of the President and Directors of said company to pay off
3 and redeem the principal of said bonds, at such times and
4 in such amounts as shall be due according to the tenor of
5 said bonds, then it shall be the duty of the Governor of
6 the State, for the time being, to cause the whole estate,
7 real and personal, so conveyed by mortgage, to be sold,
8 at such time and place, and in such way, as shall most
9 effectually protect and save harmless the State against
10 any loss by reason of its liability for the payment of said
1 1 bonds, or any part thereof ; and, upon such sale, all the
12 rights, privileges, franchises, powers, duties, and obliga-
13 tions, now belonging or appertaining to the said Oape
14 Fear and Deep River Navigation Company shall vest in,
15 belong to, and devolve upon the purchaser or purchasers
16 of said property as aforesaid.: and tin; Governor, for the
17 time being, is authorized and it shall be his duty, upon
18 such sale and payment of the purchase money, to execute
19 and deliver to the purchaser or purchasers a deed transferring
20 all the rights, obligations, franchisesand privileges that now
21 pertain or belong to the said company, and the proceeds
22 of such sale shall be applied, lust, to pay off and redeem
17
23 the whole amount of principal of said bonds, and all in-
24 terest then due, and to pay the excess to the President
25 and Directors of said company.
Sec. 8. Be it further enacted. That the bonds authorized
2 to be executed and issued by this act, shall not be sold
3 or disposed of, by said company, below their par value.
Sec. 9. Be it further enacted, That the capitarstock
2 of said company may be increased, by the President and
3 Directors thereof, to six bundled thousand dollars; which
4 stock sjiiajl be payable in cash, or bonds secured by not
5 le^ jKan two good substantial sureties, payable to said
'?, company, and shall be payable at. such times as the Prc-
2 sident and Directors shall and may prescribe ; but the in-
S terest thereon shall be not less than six per cent, per an-
9 num, payable semiannually, on the first day of June and
10 the first day of December, of each year, thereafter, and
11 the interest due thereon shall be applied ijft payment of the
12 interest on tlie bonds authorized to be issued and endorsed
13 by the first section of this act, and the principal of said bonds,
14 when due, shall be promptly collected by the President
15 and Directors, and the proceeds thereof shall be applied to
16 discharge the bonds so authorized as aforesaid, to be en-
17 dorsed by the public Treasurer, and any excess that shall
IS remain, shall be applied to pay the principal of said bonds,
19 as it falls due, and the said President and Directors are
20 hereby authorized to receive subscriptions of stock, as
21 preferred stock, as in their discretion they may deem prop-
22 er, for the best interest of the company, and that when-
23 ever the sum of one hundred thousand dollars shall ffavs
24 been subscribed and paid, or secured as prescribed in this
15 section, said company may elect one of the stockholders
ib* thereof, a Director on, the part of said company*, and so
27 on for every additional hundred thousand dollars so paid
28 or secured as aforesaid, the said company may elect an
â– .
18
29 additional Director on the part of said company, and in
30 the event that stock shall be so paid or secured, before all
31 the bonds authorized lay the first section are sold, bonds
32 to the amount of such stock, so paid or secured as afore -
33 said, shall be returned and cancelled by the public Treas-
34 urer, who shall give to the President a receipt for the
35 bonds so returned as aforesaid.
Sec. 10. Be it further enacted, That so much of an
2 act passed at the General Assembly, one thousand eighc
3 hundred and forty-eight, entitled an act to incorporate
4 the Cape Fear and Deep River Navigation Company, as
5 forbids the said company from receiving more than twen-
6 ty per cent, dividends or nett profits, be and the same is
7 hereby repealed, and the said company may receive and
8 declare as dividends, whatever sums their nett profits mar
produce.
Sec. 11. Be it further enacted. That as soon as prac-
2 ticable, after this act shall have been ratified, the Presi-
3 dent and Directors shall call a general meeting of the
4 stockholders of the Cape Fear and Deep River Naviga-
5 tion Company, and the said company shall signify itsac-
6 ceptance of the provisions of this act, by a resolution sub-
7 scribed by the members thereof, signifying their accept-
8 ance thereof, and authorizing deeds of mortgage and
9 pledge, to be executed as prescribed by this act, for the
10 purposes therein specified, and all other purposes specified
11 in this act, for the purpose of indemnifying the State of
12 North Carolina from all loss by reason of her endorse -
13 inent as aforesaid, of the bonds aforesaid.
Sec. 12, Be it further enacted, That this act shall
2 take effect from and after its ratification .
Sen. Doc. No. 4.] [Ses. 1854-'55.
A BILL
TO INCORPORATE THE
FRENCH BROAD RAILROAD
COMPANY.
RALEIGH :
W. W. HOLDEN, PRINTER TO THE STATE.
1854.
[Introduced by Mr. Coleman.- — Passed first reading, or
dercd to be printed, and referred to Committee on laiteinali
Improvements. November 28, 1854.]
A BILL
TO INCORPORATE THE » FRENCH BROAD RAIL
ROAD COMPANY."
Sec. 1. Be it enacted by the General Assembly of the
2 State of North Carolina, and it is hereby enacted by the
'J authority of the same, That for the purpose of establish-
4 ing a communication by Railroad, from some of the Rail-
.'» roads now built, or in course of construction in South
6 Carolina, along (he French Broad valley across the Wes-
7 tern part of this State, so as to effect a direct connexion
8 between one of said roads in South Carolina and the East
9 Tennessee and Virginia Railroad, in East Tennessee, the
10 formation of a company is hereby authorized, which.
11 when formed, shall have corporate existence in each of
12 the States aforesaid, and have all the rights, privileges
l'J and immunities, hereinafter granted.
Sec. 2. Be it further enacted, That for the purpose
2 of creating the capital stock of said company, Win. M.
."J Lowery, A. W. Walker, Wm. Girdner, David T. Palter-
4 son and Wm. Maloney, of the State of Tennessee ; N.
5 W. Woodfiri, Wm. T. Rankin, Jas. W. Palton, Jno. A.
Fagg, Columbus Mills and John Baxter, of the State of
7 North Carolina ; Benj. F. Perry, Simpson Bobo, Gibriel
S Cannon, C. J. Elford and Jas. H. Irby, of the State of
U South Carolina, are hereby appointed commissioners,
10 with power to open books for the subscription of stock, ai
1 1 such times and places, and under the direction of such
12 persons, as they or a majority of them may think proper ;
13 and the said commissioners shall have power to appoint
14 a Chairman of their body, Treasurer, and all other offi-
22
15 cers ; and to sue for and recover all sums of money that
16 ought, under this act, to be received by them.
Sec. 3. Be it further enacted, That all persons who
2 may be authorised to open books for the subscription of
3 stock by the Commissioners herein appointed for that pur-
4 pose, shall open said books at any time after the ratifies -
5 tion of this Act, twenty days previous notice having been
6 given in one or more public newspapers of the State in
7 which they propose to open said books, and that the said