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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) online

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ciiaH, That if any officer, agent, or emploj'ee of any city,
county, or incorporated town, or of any penal, charitable,
or educational institution of this state ; or if any person
having, or holding any moneys or property in trust for any
city, county, incorporated town, penal, charitable, or edu-
cational institution, shall cmbcTizle, or wilfully and cor-
ruptl}' use or misapply the same for any purpose other
Than that for which such moneys or pro[ierty is held, such
person shall be deemed guilty of felon}-, and, upon convic-
tion thereof in the superior court, shall be fined and im-
prisoned at the discretion of the court.

Sec. 2. That all laws, or clauses of laws, in conflict with
this act, are hereby repealed.

1876-77— Chapter 4 (—18. 93

Sec. 3. This act shall he in force from and after its

Eatified the •22nd day of January, A. 1). 1877.

Fallinsr Creek



Section 1. The General Assoabbj of North Carolina do
I lUict^ That a new township, to he known as Falling Creek towusfup.
Township, is herehy created and estahlished in tlie county
cf Lenoir, heginniug at Pine Bush, on ISTeuse river, and
runs Avitli the road to Mrs. Annie Sutton's ; then with the
puhlic passway hy George Cahle'sto the public roadahox'o
William AVarters' ; then a direct line to the mouth of
Gum Swamp, where it empties into Falling creek; then
with Gum Swamp to the Hull road ; then down Hull road
to the river road, near Joseph AVilliams' ; then a direct

I line to Desmond's landing on jSTeuse river . then up the

i river to thq beginning.

Sec. 2. That a new township, to be known as the '"In- j„stituti' town-
stitute" township, is hereb}' created and established in '^"'i'-
tlic county of Leuoir, beginning at the mouth of Gum
S^^'am[) where it empties into Falling creek, and runs with
the line of Falling creek township to the public road
al»ove William Warters' ; then with the public road hy the
Council Wooten plantation to the Greene county line near
Jesse Hardie's ; then with the Greene county line to
Wlieat Swamp ; then down Wheat SAvamp to Sugg's mill ;
then with the mill road to the AVheat Swamp road, near
William P. Hill's ; then a direct line to the head of (Jnm
Swamp to the beginning.

94 187(J-"77— CiiAPTKii 48.

Sec. 3. That a new towusliip, to be known as A'anec

Vnncc townsliip . •

townsliip, IS herein' created and established in tlie eountj
of Lenoir, beginning at Sugg's mill on Wheat Swamp, and
running down Wheat Swamp to the bridge near Daniel
Taylor's house ; then with the Green county line down to
the road leading from llookerton via Richard Wicro-ins'
to William Fields' ; then along the Kinston road to
Loosen Swamp ; then down Loosen Swamp to its junction
with the Briery; then up the Briery to the Hull road ;
then u]) said road to (ilum Swamp; then up said swamp to
its head ; then with the line of the Institute township to
Suo-o-'s mill, the be2:innin2:.

Sec. 4. That said townslii})s shall have all the rights,

School fund. , . ., j. i j. xi - ^ • ^

powers, and })riviieges now granted to other townships by
law, and shall be entitled to their lawful pro})Ortion of the
school fund ; and the permanent j^laces of voting in said
Voting places. townships shall be: For Falling Creek township, at
Falling Creek Station ; for Institute township, at Lenoir
Institute ; and for Vance township, at Fairfield School

Sec. 5. That the permanent place of A'oting in ''Xeck

Voting place in „, , , ,, . -r . , „ i n i t-»

Neck township. Townsliip,' in JjCuoir county, lieivattcr, shall be at "Rose
of Sharon Church."'

Sec. 6. That any officer failing to carry out the i)rovis-

Penalty. '' . .

ions of this act, shall be guilty of a misdemeanor, and,
upon conviction, shall be fined not less than one hundred
dollars, and imprisoned not less than six months.

Sec. 7. That all laws, or clauses of laws, in conflict with
Conflicting laws, fhis act, be, and the same are hereby, repealed.

Sec. 8. That this act shall be in force from and after
its ratification.

Ratified the 22nd day of January, A. D. 1877.

1876-77— Chapter 49— ")0. 9c>



Section 1. The General Assembly of North Carolina do
rnacl, That 'S[. L. Arey, tax-collector of the town of Salis- thorizedtocoiieri
biirv, be, and he is hereby, authorized and empowered to lor i874'-7j.
collect all arrears of taxes due from the tax-payors of said
town for the years one thousand eight hundred and
seventy-four and one thousand eight hundred andseventy-
iive, under such rules and regulations as are now prescribed
by law for the regular collection of the taxes of said town,
and the power and authority hereljy granted shall cease
on the iirst day of May, one thousand eight hundred and

Sec 2. This act shall be in force from and after its

Ratified the 23d day of January, A. D. 1877.



Section 1. The General Assembly of North Carolina do
mart, That the town of Ringwood, in the county of Ilali- °^^
fax, be, and the same is hereby, incorporated by the name
and style of the town of Ringwood, and shall be subject
to the provisions of the general law in relation to incor-

^'^ 1876-77 — Chapter 50.

Sec. 2. That the corporate limits of said town shall bo
■ari-oraie limits, as follows : Beginning at the north-Avest corner of J. U.
Miller's and Eenj. Johnson's line ; and tlience along John-
son's line east, the distance of one half of a mile to a cor-
ner on Rev. A. S. Smith's land ; thence from Smith's
corner, rnnning half mile in a straiglit line in a southerly
direction to a corner near Jolmson's and Garrett's line,
not far from the south-east corner; tlience rinining Avest,
the distance of half a mile, to about Jones' old orchard ;
thence running north half a mile from Jones' corner to
the beginning.

Sec. 3. That the officers of said incorporation shall

OJliceiaoi corpor- ^ ••■

.-*iions. consist of a mayor, five conniiissioners and a constable, tt)

be cliosen at the next regular election in ^lay. It shall
be the dnty of the sheriif of the county of Ilalitax, after
giving the usual notice, to open the polls, on the first
Monday in May, Anno Domini 1877, for the election of
the above-named officers, under the same restrictions that
county and state elections are held.

Sec. 4. That all resident citizens, within said corpora-
•^uaiincaticiis to tiou, that havc resided the constitutional term i)revious
to the election, shall be entitled to vote at said election.

Sec. 5. That it shall be tlie duty of the commissioners
■.-^tii of office. elect to meet together and organize, take and subscribe to
the oath of public officers.

Sec. G. That the said commissioners sluill have all
[)Owers given to similar corporations.

Sec. 7. That this act shall take effect from and after
its ratification.

Ratilicd the 23d day of Jtinuary, A. 1). 1877.

1 876-77— Chapter 51. " J>7



Section 1. TJ'.c General A^seitibl)/ of Xorth Ceovluia do

'^ - . . Capitiil stcM*.

/larf. That a company may be formed, with a capital
.-<tock of not more than iive hundred thousand dollars, to be
divided into shares of one luuulrcd dollars each, to hv
known as the Rutherford and Spartanburg Railroad Com-
[)any, for the pur])Ose of constructing a railroad of any
gauge, from the town of Rutherfordton to a point on tlie
South Carolina line in the direction of Spartanburg, South
Carolina ; and said company, when formed as hereinafter
l)rovided, shall have power to receive, own, and transfer
real and personal property, to have a connnon seal, and to
[lass such by-laws, not inconsistent with the laws of the
state, as may be necessary to carry out the objects of the
corporation, and shall have power and capability to sue
and be sued, plead and be impleaded, and shall enjoy all
the rights of other railroad corporations under the laws
of this State, and have the right to transfer and carry
[lersons and any articles of commerce on such road and at
sueh })rices as they may tix : Provided, That the (Jeneral crovis').
Assembly shall have power hereafter to change the gauge
of said railroad as they may deem necessary for the inter-
est of the state.

Sec. 2. That tor the purpose of raising the eapital stork
of said comi)any, G. M. Whiteside, Eranklin Co.x, John [.''^o^Vbuok'sor
Vy. Blanton, Burwell J>yres, G. E. Young, E. P. Erwin, J. ■-"''•s-Ti'i.iinM.
L. Rucker, i!^athan Young, B. AV. Andrews, T. 1>. Twitty,
A. G. Thompson, J. L. Hampton. J. A. Eorne}', Janii's
Andrews, . EM, Toms, A. W. Ihiynes, J. W. Aforgan, G.
W. Logan, J: W. Beam, A. B. Long, E. A. Millsi A. J..
Rnekor, A. A Lyiicli, Robert Sim[»son, ^Elrtill ^\^alke^,
E. ^E Lynch, Henry Portrum, R. E. Rollins, \. J. I'almer.
W. H. Logan, H. G. Weaver and T. R. Egertouarr Jiereby

UH ' 187(3-77 -Chapter 51.

a[)poiiitC(l eoimuissioner.s, any three of whom may act,
whose duty it shall be to a[»i)oint commissioners to openi'
l)ooks of subscription, at such times and places as they
sliall deem best, and under such rules as they may pre-
scribe ; such sul)scription <n' any part thereof, may be re-
reived ]iayabl(' in land, uducv, labor, or material ncces-
>ary m the construction of said road, or land, stock, or
\aluablc credits of any kind, in such manner and on such
tci'ms as shall be ai^'rced ujion between said com]»any and
such subscribers.

Skc. ;■>. That \\-lieiic\'cr ten llionsand dollars sliall haw
w h.iirv.M s.o.i'Dii hct'ii subscribed to the capital stock of said companv, it

slwill llilVr lrC(MI ^ _ _ . I I '

si,i,s.-iib(H!,nK''' - shall be the dutv of the coinmissioners above named, or-

(•r;il iiKM'l iiii;

sii;.ii !..■ .-aiio.i. .,,,y tbrcc of tlieui, to call a general meeting of the stock-
bolders, ai'ter giving reasonable notice of such meeting.
and at such time and place as they shall determine; and
at all general meetings of said stockholders, not less than
a majority of all the stock sid)scribed shall constitute a
<|Uovum for tin' transaction of business ; and said stock-

Ki.rti..,, ,ii ..iii- ]j,>](|ei-s, at their first general meeting, shall elect a jiresi-
(lent and seVen (7) directors for said company, whose term.
of ollice shall be ior one year, and until their suc-cessor.~
are chosen. In the election ot such othcers and the en-
acting of such laws for the company as may l)e necessary.,
the stockholders shall be entitled to one \'(^te for eacb
share owned by him or them.

Sec. 4. That the stockholders, at tiicir first general

p.iyniiui Mfsi...k meeting, shall ]>vescribe the manner and time in which
l)ayment of stock on the subscription books shall b(

Sec. "). The ]iresident and directors shall have the gen-

()mcfi>— iicii eral direction and management of the affairs of the com-

prnw-is ,11. < .1'- j^.ji^^. They shall appoin.t a treasurer, secretary and engi-
neer, whose term of office shall be fixed by the by-laws of
the company, and who shall ]>erform such duties as are
ordinarily imposed on such officers ; said directors shall
have power to fill any vacancies that may occur in their
board until their next regular meeting ; and in the absence

187o-'77 — Chapter 51. <)<)

of the pre^lidellt, may elect one of their number to till liis
place for tlie time.

Sec. 6. That at least once a year, and at the annual
meeting of the stockholders, the president shall make a port'<wiuiitil)u'^of
full report of the condition and aftairs of the road. '''^"^'•

Sec. 7. That whenever lands shall be required for the
location or construction of the said road, "warehouses, i-nuisi-fiuireii

I ' Inr construction,

water stations, work-shops, or other building purposes, 'ocation. .tc
and if, for i\ny cause, the same cannot be bought from the
owner, the directors may condemn the same at a valuation
to be ascertained by live free-holders, to Ijc summoned by
the sheriff of the county, which free-holders shall bo dis-
interested; said free-hoklers shall ascertain the value of
the lands, first deducting the enhanced value of the land
<'aused by said road, and adding particular loss or damage,
and, upon payment or tender by the president oH the
iuiiount so assessed, the title of the property so seized and
appraised, shall thereby vest in the said corporation ;
Provided, either party may appeal to the superior court
upon the (piestion of assessment ; and, Provided further, Proviso,
that not more than one hundred feet from the centre of
the road shall be allowed so condemned.

Sec. 8. That for the purpose of securing the building of
^aid road, the company shall have power to mortgage or u^i'^-^or ,,;.
it-ase the vsame. or any part thereof, with all or any of its

Sec. 9. That said company shall, upon the consent of
t lie stockholders, be consolidated with and form one and
tlie same l)ody corporate, with any company having, or
which may hereafter obtain, a charter for a. raih'oad from
S[>artanburg, South Carolina, to the Nortli Carolina line,
ill the direction of Rutherford ton, under such corporate
name as may be agreed upon by the stockholders of said
'■'impanies^ and the affairs of said consolidated company,
ill case such consolidation is effected, shall be managed by
a president and general Ijoard of seven directors, to be
'Iccted by the stockholders from among their mmdjcr.

.■^i;<'. 10. That the question of a]>proving tlic i-onsolida-

100 1876-77— Chapteu 51—52.

stockholders of ^^^^^ serein authorized sluill be suLmitted to a meeting of

*Pi>rove"t?ie°Jon- ^^^ Stockholders of each company upon public notice of

soiidation. Qjjg month, and determined in the manner provided in

their charter for the decision of matters upon which it is

necessary for the stockholders to act as a company.

Sec. 11. This charter is granted upon the conditions.
Tins charter that auv raih'oad company heretofore, or that maybe

sraiitPdcondi- ,. • n i i \ •

t'nnvMy. iiereaitcr chartered by this state, shall have the right to

comiect with said railroad and to the interchange of traffic
upon mutually agreed terms.

Sec. 2. This act shall be in force from and after its riiti-

Katiticd the T-Wd day of January, A. J). 1877.



Section 1. TIte General Assembly of Aoiih CcroUna (A-

^toniaiucorpo- ,.y^^^^.l^ ^^^^^^ ^^iq towu of Gastouia, inthecounty of Gaston.

be, and the same is hereb}' incorporated under the nanic

and style of the town of Gastonia, and shall be subject to

all the provisions contained in the one hundred and

eleventh chapter of the Revised Code, as brought forward

in the one hundred and eleventh (111), of Battle's Revisal,

and'uot inconsistent with the provisions of this act.

Sec. 2. The corporate limits of said toAvii shall be one

c«rporati limits, mile squarc, to be determined by closing in lines running

one-half mile north, south, east and west from the centre

of the crossing, of the Richmond and Atlanta Air-]jine

Railway, and the Chester and Lenoir Narrow Claugc


Sec 3. Until the regular election on the tirst IMonday

187G-77— Chapter 52. 101

'it'iMiiy next, the government of the town shall be vested

in the^ following officers : Mayor, R. E. Waddill ; Com- offlcers ,«•« t««.

luissioners, F. S. Hanna, J. H. Faysroux, R. M Martin,

T. G. Chalk and J. E. Page, who, upon taking and sub-

si^ibing an oath to support the Constitution and laws of

ihe United States, and the Constitution and laws of the

State of Xorth Carolina not inconsistent therewith, shall

be entitled to enter upon the discharge of their duties.

They shall hold their offices until their successors are

elected and qualified, and shall have power to appoint a

constable, secretary and treasurer, who shall hold their

respective offices until their successors are appointed.

Sec. 4. That the officers of said incorporation shall con-
sist of a mayor and five commissioners. The mayor, when
[iresent, shall preside at the meeting of said board of com-
missioners, but shall not be entitled to vote, except in case
of a tie. In the absence of the mayor, the board may ap-
point one of their number to act as mayor jrro (em.

Sec. 5. The commissioners of said toAvn, when organ-
ized, shall have power to appoint a secretary, Vshose duty ^j J|"i'"h'/ir "i" w^V*
it shall be to record the proceedings of said Ijoard, in a
book to be kept for that purpose. The said board shall
also appoint a treasurer, who shall enter into bond to be
approved by them. They shall also appoint a town
'•onstable, who shall enter into a bond of five hundred
dollars, to be approved by them, who shall have the
jiowei-s of township constables, besides those given by this
act. The secretary, treasurer and constable, nuist be resi-
dents of said town, and before entering upon their respec-
tive duties, nuist take and subscribe an oath for the faith-
ful discharge of their duties.

Sec. 6. That it shall be the duty of the commissioners
of said town to iirovide for an election on the first ^lon- Eioctinn of oin-

. cors.

(hi\' in May, one thousand eight hundred and seventy-
seven, and annually thereafter, according to the laws of
the State ; and the officers elected shall hold their offices
u ntil their successors are elected and qualified.

Sec. 7. That all (pialified electors of the .'^tate, who have ^^^,;i^|.|,"««* '""•""'*

102 1876-'77— Chapter 52—53.

been residents of the town for ninety days prior to awy
election in said town, sliall be entitled to vote.

Sec. 8. The connnissioners of said town shall have power
KjMa\^s^tax(3 to pass all by-law8, rules and regulations necessary for the
good government of said town, not inconsistent with the
laws of the United States, or of this State. They shall
have power to levy and collect a tax not exceeding sixty
cents on the poll, and not to exceed twenty cents on the
one hundred dollars valuation of property ; and also shall
have power to tax all other subjects of state taxation, not
to exceed one-half of the state tax, and shall also have
power to abate all nuisances, and may ini})ose such fines
aud-penalties as may be necessary to abate them.

Sec. 9. That it shall not be lawful for the commissioners
n(''toser^''^ of Gastou county to order the granting of a license to any
^''"*"''^' person to sell or dispose of spirituous or malt li([Uor.>

Avithiu said town, until said person or ],)ersons shall huAc
presented a license for said purpose or purposes from tin;
board of commissioners of said town pi'0})Grly authenti-

Sec. 10. That this act shall be in force from and iiftcr
its ratilication.

Ratified the 26th dav of January. A. 1). 1877.



Section 1. The General Assemhly of uVorfh Corolin'i. do
,., . ,,..„., ,,. enoet: That chapter sixty-five, of Battle's Rovisal, br
wUha'inaeTsulTte amended to wit: Amend seeti(ni four to read as follows :
All claims against personal property, of two hundred dol-
lars and under, may l)e filed in the office of the nearest
magistrate ; if over t^^'o hundred dollars, or against any

1876-77— Chapter 53— ")4. lu:i

real estate or interest tlierehi, in the oliice of the su[»erior ,.,,^i,„^ „„. ,,.,.,.
court clerk, in any county where the labor has been per- ufe'sVip.'^rin''"' '"
formed, or the materials turnislied,said claims shall be in om,'.e.'''"'^ "
KJetail, specifying the materials furnished, or labor pei'-
[. ibrmed, and the time thereof.

Sec. 2. Amend section nine to read as follows : Notice
of the lien shall be filed, as hereinbefore provided, at any Notic-^ui u.-n.
time within sixty days of the completion of the labor, or
the final furnising the materials, or the gathering of the
crops: Provided, Thut in cases of liens on real estate, or piuviso.
any interest therein, given by section one of this chapter,
■•■he notice shall be filed in the oflice of the superior court
• -lerk within sixty days after the completion of the labor
<)Y the final furnishing of the materials. Amend by add-
ins: the followino;:

I Sec 3. The clerk of the suiJcrior court shall keep a ., ..
, .book in which he shall enter all notices of liens filed in i^"- ""'i-''' "'i' - "-^

Lis oflice. He shall provide an index thereto of the
w names of the claimant and the party against \\ii()m it is

filed; and for his services, the clerk's fee shall be ten (i.Tk-s ivo.
cents in each case.

Sec. 4 That this act shall be in force from its ratifit'ii-

Katified the 26th day of January, A. I). 1877



Section 1. 7710 General Assemhbj of North Carolina do
maef, That the town of Conover, in the countv of Cataw- <'""';v'
l»a, be, and the same is lierely incorporated by the name
and style of Conover, and shall l)esul)jcct to, and have nil

104 1876-77— Chapter 54—35.

the bcnciit of all the provisions contained in the one hun-
dred and eleventh chapter, Battle's Revisal, of this State^.
not inconsistent with this act.

Sec. 2. The corporate limits of said town shall extencfi
inrr.irnt.- liiiiit^. onc-half mile north, south, east find west of the "Westerly*
Xorth Carolina Railroad Depot, so as to make said limitn
and forming a square around it.

8ec. 3. Until the regular election on the first Monday
Ki"i!-"i in ^lay, 1877, the government of this town shall be vested

in the following ofticers: ]Mayor, P. F. Smith; commis-
sioners, G. A. Brady, J. P. Cline, J. P. Ilunsucker, J. P_
S])encer and Jonas Hunsucker; for constable, C. S. Sim-
mons ; and at said regular election, a mayorand five com-
missioners, and a constable, shall l)e elected according to
the provisions of said chapter one hundred and eleven of
I>attle's Revisal.

Sec. 4. This act shall be in force from and after its-

r^itiiied the 2(ith day of .January, A. D. 1877.



Section 1. I'/tr General Assembbj of North Ceirolina do

rlin'm'^n'ii'"" *"" '''"^'^ '^^^^^ ^^^^ ^own of Holly Springs, in the county of
Wake, be, and the same is hereby, incorporated by the
name and style of rhe town of Holly Springs, and be subject
to all the i)rovisions contained in chapter one hundred
and eleven of Battle's Revisal, and the act amending said

Sec. 2. That the corporate limits of said town shall be-
as follows : Begmnmgat a point two hundred and twenty-

lS76-'77— Chapter 55—56. lO/S

seven rods southwest of J. V. Goodwin's residence ; thence
running north three hundred and twenty rods ; thence
east three hundred and twenty rods ; thence south three
liundred and twenty rods ; thence west three hundred and
twenty rods to the first station.

Sec. 3. This act shall he in force from and after its rat-
iti cation.

Ratified the 26th day of January, A. D. 1877.



Section 1. The General Assembly of North Carolina do
< iKid, That the .January term, one thousand eioiit hundred Judge oithoiiiii-a-

' PI- r> 1 . distiict slialUiolcJ

antl seventy-seven, ot the superior court ot the county o± Januaiy term os

^ "^ , *^ Wayne superior

A\ ayne, as now provided by law, shall be held by the court.
Judge of the third judicial district; and all acts, judg-
ments, orders and decrees, made or done by said judge
during the term of said court, shall be considered as valid
to all intents and purposes.

Sec 2. That this act shall take effect from its ratification.

Ratified tlic 26th day of January, A. D. 1877.

im ' 1876-77— Chapter 57—58.


battle's REVISAL in reference to justices JUDGMENTS.

Section 1. The General Asscmhbj of North Carolina do "'

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