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I)y law in other cases.

Sec. 9, That the mayor and marshal shall have the
same fees as a justice of tlic peace and constable, respec-
tively.

Sec. 10. That it shall be unlawful for any person to sell
H.'i'iioT wit^hiir" *^i' dispose of any spirituous liquors or intoxicating liquoi-s
vor^poratl'om ^'^^ Avithiu ouc milc of Said town ; and any person so doing,
shall be deemed guilty of a misdemeanor, and upon con-
viction thereof, shall be fined not more than fiftj^ dollars,
or imprisoned not more than thirty days, or both, at the
discretion of the court.

Sec 11. This act shall be in force from and after its
ratification.

Ratified the 13th day of February, A. 1). 1877.



1876-77— Chapter 00—100. 159



CHAPTER XCIX.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF ORAHAM
COUNTY TO LEVY A SPECIAL TAX.

Section 1. 'The General Assembly of Xorth Caroliua do
enact, That the county commissioners of Graham county ^uniu'i/(f,^iiVana.
are hereby authorized to levy a special tax on the property ^'^"'•t-house.
and polls of said county, for the purpose of paying tlie cost
of building the county jail and court-house in said county,
said taxes to be collected as other taxes : Provided, The proviso,
iimount so levied shall not exceed tifteen hundred dollars.

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

Ratified the 16th day of February, A. D. 1877.



CHAPTER C.



AN A(^T TO LEVY A SPECIAL TAX IN THE COUNTY OF TYRliEI.L.

Section 1. The General Asscmbli/ of North CamUna do
cnad, That in order to liquidate and settle the outstand- sporiai tax roi
iiii? debt of the county of Tyrrell, the board of county pay the iiuiei.te«i-

® ./ J 7 ./ ness of Tyrrell

commissioners are hereby authorized and empowered to county,
levy a special tax on all subjects of taxations, for each of
the years one thousand eight hundred and seventy-seven
and one thousand eight hundred and seventy-eight, ibi-
the purpose of paying the indebtedness of the aforesaid
(-•f)unty.

Sec. 2. That the tax required to carry out the jirovis-
ions of stction one, shall be levied in one and two vears, one iiair ..r tuc.

' , " ' wHolo amount to

un<l half of the whole auiount in cacli year. iieievieii in oacv

-' year.



ill>0 1870-'77— Chapter 100—101—102.

Sec. 3. This act shall bo in Ibivo from and after its
ratification.

Ratified the 16th day of February, A. D. 1877.



CHAPTER CI.

AX ACT TO ALLOW THE COMMISSIONERS OF BEAUFORT COUNTY
TO LEVY A SPECIAL TAX.

Section 1. The General Assembly of North Carolina do
enact, That the commissioners of Beaufort county be, and

''L^viftl fix nrit to

•xveediii4',fK)o. they are hereby authorized to levy a special tax, not to
exceed the sum of fourteen thousand dollars, one-half to
be levied for the year one thousand eight hundred and
seventy-seven, and the other half to be levied for the year
one thousand eight hundred and seventy-eight, for the
purpose of paying the indebtedness of said county already
incurred.

Sec. 2. In the levying of said tax the ecjuation provided
by the constitution in relation to ])roperty and capitation
tax, shall be observed and adhered to.

Sec 3. This act shall be in force from and after its rati-
fication.

Ratified the lOtli day of February, A. !>. 1877.



CHAPTER CII.

AN ACT TO PROVIDE A FUND FOR THE PAYMENT OF JURORS
OF ALLEOHANY AND CLAY COUNTIES.

To,, ay iiircrs. Section 1. The General Assembly of North Carolina do

enact ^ On every indictment or civil suit, tried or otherwise



1876-77— Chapter 102—103. 161

tdisposed of in the superior court, or such other courts as
Aivdj hereafter be established by law, in which trial by
jury is provided for, of the counties of Alleghany and
Clay, the i>arty convicted or cast shall pay a tax of three
-dollars, which amount shall he taxed by the clerk and
^collected by the sheriff, and paid into the count}' treasury,
land the funds thus raised shall be set ajiart as a fund for
vthe payment of the jurors of said county.

Sec. 2. That this act shall take effect from its ratifica-
:tion.

Ratified the 16th day of February, A. D. 1877.



CHAPTER cm.

-san act to authorize the county commissioners of the

COUNTY of swain TO LEVY A TAX TO BUILD A BRIDGE
across THE TUCKASEEGEE RIVER.

Section 1. T?ie General Assembly of North. Carolina do
^enact. That the county commissioners of the county of An election for

, , , , "Tax" or -'No

vS wain are hereby empowered to submit the question of Tax" to be hqi.-

•^ ^ 1 ralttcd to the

tax or no tax to the qualified voters of the county of Jf^*^'? "^ s«-aiii
Swain, for the purpose of building a bridge across the
Tuckascegee river, at or near the town of Charleston, in
said count3\ The election for voting upon the question
of tax or no tax shall be held at such time as a majority
of said commissioners shall determine, and in the manner
now prescribed by law for holding elections for nieml)ers
of the General Assembly. Those voting for the tax shall
have written or printed on their scroll the word "Tax,"
jand those voting against the tax, shall have written or
printed on their scroll the words " No tax," and if a majo-
rity of those voting shall vote "tax," then it shall be tlie
11



JC2 1876-'77— CiiAPTEii 103—104.

duty of the commissioners to draft a plan and specitica-
tions for said bridge, and advertise at the court-house, m
the town of Charleston, and one place in each township irt
said county, giving notice of the time and place they will

Kidstoi.ereceiv- receive l)ids for the building of said bridge ; and it shall,
be the duty of the commissioners to award the contract
to the lowest responsible bidder. The commissioners
shall, when said bridge is com])leted, according to the
term sof tlie contract, execute and deliver to the contractor,
bonds on the count}- of Swain to an amount sufficient to
pay for the same, in instalments of one, two, three and.
four years, with or A\it]iout interest, as they may have-
determined before letting said bridge to contract ; and it
shall be the duty of said commissioners, at the time of

Jontra!-rsha[/i!e letting Said bridge to contract, to make known the terms;

Tna.lekn.nvn. ' theroof.

Sec. 2. The commissioners shall have power to levy and
Mannor in which eollcct a SDCcial tax, iu thc same manner as other taxes

taxes are to be -^

(•(iiiectod. are levied and collected, for the payment of said l)onds ap<

they shall become due, or at any time thereafter.

Sec. 3. This act shall be in force from and after its rati-
fication.

Ratified the IGth day of February, A. J). 18:7.



CHAPTER CIV.

AN ACT TO MAKE THE CARRYING OF CONCEALED WEAPONS A Mlj

DEMEANOR.



Section 1. The General Assembh/ of North Carolina dc>
To prevont carry- enact. If auv pcrsoii shall be found oft' of his own prem-

injj concealed ' '' '■ r^ * n i i • it

weapons in Aiie- i^cs, withiu thc couutv of Alleghany, havmg concealed

Khany county. ' "^ o . ^ o



1876- 77— Chapter 104—105. 163

about his person a pistol, bowie-knife, dirk, dagger, slung-
shot, loaded cane, or brass or iron knuckles, or other
<leadly weapon of a like kind, such person shall be deemed
guilty of a misdemeanor, and, upon conviction thereof,
shall be lined or imprisoned at the discretion of the court.

Sec. 2. The following jiersons shall be exempt from the
provisions of section one of this act: othcers and soldiers Exemptions. .
of the United States army ; civil otHcers of the United
States while in tlie discharge of their offici;.d duties: offi-
cers and soldiers of the militia of this state, when called
into actual service ; officers of this state or of an}' county,
city or town of this state, charged with the execution of
the law^s of the state, or such county, city, or town, while
in the discharge of their official duties.

Sec. .S. This act shall go into effect on the first day of
September, Anno Domini, 1877.

Ratified the 16th day of February, A. 1). 1877.



CHAPTER CV.

AN ACT FOR THE BENEFIT OF THE FARMERS IN MURPHY's , SWAMP
AND carver's neck, ROCKFISH, IN CUMBERLAND COUNTY.

Section 1. The Gcyieral Asscnihly of North Carolina do
rnact^ That a good and sufficient fence, at least five feet jronr^i.o'niouih
high, shall be run from the mouth of Rockfish, on the ofRocktisi.. &.-.
Cape Fear river, to AVallace's store, including the Kirk-
l)atrick j)lantation, on Rockfish ; then with the i'ence
around the swamp to a ditch, near Duncan Henderson's ;
then with said ditch to John L. Smith's ; then again with
the swamp fence to the inin of Ashby's creek ; then dow))
said creek to Robt. Gilmorc'sline to his corner ; then with
the 8"\vamp fence to a point near Sam Toomer's ; then to



104



1876-77 — Chapter 105.



"iiipe Fcjir Kivcr
•a lawful Ifiicc.



l.anrt owners lo
pay tlie cost.



Commissioners
to appoint an
overseer.



Neglect of duty.



Daniel Lutlor'ri fence by ByriieV uiilLs ami the Cape Fear
Baptist Chiircli ; then to the Cape Fear river, on or near
the dividing line between Jno. F. Byrne's and the said
Daniel Butler; said points to l)e determined by tlie over-
seer of said fence.

Sec. 2. That said fence and the Cape Fear river from
the mouth of Rocktish to where the said fence conies to
the river, shall l)e the only fence required by law for the
protection of crojjs in the district enclosed ; and all owners
of stock of any kind in said districts, shall prevent said
stock from running at large, by keeping good and sufH-
cient pastures, or otherwise, as they may choose. Owners
of stock at large in the district, shall be liable for all
damages done by said stock, and shall, for knowingly or
negligently permitting any stock to go at large, be deemed
guilty of a misdemeanor for each and every offence, and,
upon conviction thereof, shall be fined not more thantifty
dollars, or imprisoned not more than thirty daj's.

Sec. 3. The commissioners forCumberland county, sbalb
at their first sitting in March, one thousand eight hundred
and seventy-seven, apjwint some land owner of said dis-
trict overseer of said fence for one year, and he shall have
said fence put up l)y the first of April, one thousand eight
hundred and seventy-seven, and shall apportion the cost
of putting it up among the land owners of said district
according to their land tax in the district. Should any
one refuse or fail to pay, the overseer shall deliver the
amount to the sherifi", who shall collect it with their other
tax, together Avith two [ler cent, penalty on the amount.

Sec. 4. The said commissioners, at their first meeting,
each and every year, shall api»oint some land owner of
said district, overseer of said fence, vrhose duty it shall be
to keep it in good repair, at the expense of said land
owners and by the means aforesaid. For neglect of duty,
he shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished by a fine of not more than
fifty dollars, or imprisonment not more than thirty days. lie
shall be entitled to no compensation for superintendence,



1876-'77— Chapter 105. 16

but shall not be compelled to serve more than one year in comi.ejjsa
five. It shall not be lawful for the owner or manager of
an}' horses, mules, swine, sheep, goats, or neat cattle of
any description, to permit the same to run at large beyond
the limits of their own land ; and if an}' of the animals
enumerated in this section shall hereafter be found going
at large or upon the lands of any person, other than the
owner, the OAvner of such stock, wilfully permitting the
same, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not exceeding fifty dol-
lars, or imprisoned not exceeding thirty days ; and when
^uy animal is found upon the premises of another, in vio-
lation of the provisions of this act, such person or persons
may take the same and confine it upon the premises, and
he shall be alloAved to plead by wa}' of counter claim to
any action brought for the recovery of said animal, or
damages for its detention, the damages done by the ani-
mal while on his land in violation of the provisions of
this act, and shall have like remedy f®r expenses incurred
in taking, keeping and caring for the same.

Sec. 5. The said overseer shall have power to take the
necessary timber from the land ownei-s of said district, to e^a loTakeVi'ml
construct and repair said fence. The owner of said tim- owiiei\"V' '""
her may receive for it what may be agreed upon, or, if
there be disagreement, what two men may say it is worth,
one of said persons to be selected by the overseer, and the
other by the owner of the timber ; and if the two do not
agree, the}'^ shall select a third person as umpire.

Sec 6. Said fence shall be finished by the first of April, rp,,p ,p„(.p j,, ^.^
one thousand eight hundred and seventy-seven, and all isiVistt^''^^^"*
stock shall be kept up by the owners from and after that
date.

Sec. 7. It shall be lawful to erect a gate where said

,. -TIT 11 1 • • ^ Lnwi'ul fo erect a

rence crosses the public road ; and any person leavitig said gate,
gate open, shall be deemed guilty of a misdemeanor, and,
upon conviction, sliall be fined not exceeding ten
dollars.



1C6 1876-77— Chapter 105—106.

Sec. 8. This act shall take effect from and after its rati-
fication.

Ratified the 16th day of February, A. D. 1877.



CHAPTER CVI.

AN ACT TO PROVIDE FOR THE SPEEDY COMPLETION OF Tllfl
WESTERN NORTH CAROLINA RAILROAD, AND TO AMEND AN
ACT ENTITLED AN ACT IN RELATION TO THE WESTERN NORTH
CAROLINA RAILROAD, RATIFIED THIRTEENTH OP MARCH,
A. D. ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FIVE.

Section 1. The General Assembly of North Carolina do
-The state not eiiact, That the Western North Carolina Railroad Com-

liable for any i i • n • i i »

money except pany, Created by virtue ot an act entitled " An act in
4his act. relation to the Western North Carolina Railroad," ratified

the thirteenth day of March, A, D. one thousand eight
hundred and seventy-five, shall be deemed and held to
be a corporation, and to have all the franchises, powers,
rights and advantages conferred by the act entitled " An
act to incorporate the Western North Carolina Railroad
Company," ratified the fifteenth day of February, A. D.
one thousand eight hundred and fifty-five, and all acts
amendatory thereof, except as the same may be modified,
abridged, enlarged, or repealed by this act, and the act of
w^hich it is amendatory ; but in no contingency shall the
state be liable for any money, or to make any appropria-
tion of money, or extend any credit to or for the company,
provided for by this act, save only as provided by this
act, and the act of which it is amendatory ; and this act,
and that of which it is amendatory, shall not be so con-
strued as to create any liability of the present company



1876- 77— Chapter lO;?. 167

for or on account of any debt of any kind, nor as a con-
tinuation of the said the Lite " The Western North Caro-
lina Raih-oad Com[)any," and the ca])ital stock of the
company, provided for by this act, shall be eight hundred
and lifty thousand dollars ($850,000), divided into shares capital stock,
of one hundred dollars each, three-fourths of which stock
shall belong to the state of North Carolina, and the other
one-fourth to the stockholders other than the State, each
to have a certificate for his j^ro-rata share of such stock, h"kiV^"to ifavc'a
according to the number of shares owned by him, as pro- their^^j'-J m?a
vided in the act entitled au act in relation to the Western ^'"^'■®"
North Carolina Railroad, ratified the thirteenth day of
March, A. D. one thousand eight hundred and seventy-
fi^-e ; and a certificate for the state stock shall ])e issued to
the state and deposited in the Treasury.

Sec. 2. That the company provided for by this act,
shall be governed by a board of directors, composed of co^upany-uoy-
nine, who shall be appointed biennially by the Governor, ®''""'' ^° '^I'l'"'"*-
by and with the consent of a majority of the Senators
elect, and that one director shall be appointed from each
of the congressional districts, and one from the state at
large, and that the private stockholders shall have the
appointment, of three directors. The board of directors
shall, at their first meeting, elect or appoint one of their
number to be president of the company, 's\'ho shall have a
general supervision and direction of the business of the
company, under the direction and control of the board of
directors. And he may have an annual salary not ex-
ceeding twenty-five hundred dollars ; and they shall like- salaries
Avise elect or appoint one person who shall be secretary
and treasurer of the company, with an annual salary not
■exceeding twelve hundred dollars, who shall file a good
and sufiicient bond in solvency and amount, to secure a
faithful discharge of his duty as such ofiScer, said bond to
be aj'proved ])y the Governor; and no other oflicer shall
be ai»i)ointed, unless as provided by this act ; and no
director, (jther than the president, sliall receive for his
services any compensation, except ten cents per mile for



Private stock.



Management and



168 1876 -'77— Chapter 106.

the distance truveled from and to his home by the most
direct usual route of travel, to the place of meeting of the-^
board of directors.

Sec. 3. That the directors, on the part of the State,
shall provide for the aj)portionment of the private stock
to the bona fide stockholders, who shall be entitled to the-
same under the provisions of the act, ratilied March thir-
teenth, one thousand eight hundred and seventy-iive ; and''
no private stockholder shall be entitled to vote in any
meeting of said company until such apportionment is-
made ; and neither shall any directors, on the part of the^
individual stockholders, participate in the meetings of"
said directory, until they shall be legally appointed after
the distribution of stock as above provided.

Sec. 4. The president and board of directors shall have-
supervision, direction and control of said railroad, and the-
road"^°^*''^ directors on the part of the state shall have supervision,,
control and management of all convicts which may be*
sent to labor on said railroad, under the laws regulating;
the treatment and management of convicts. Thej^ shall!
likewise have authority to employ an engineer, and sucli)
subordinates as they may deem necessary, to expedite the^
work, and to pay them reasonable compensation. They
shall make quarterly reports to the Governor, showiug-

Quarterly report, ^ . i i , i • i ,

convict iai)or. the number oi convicts placed under their charge, how"
they have been secured and managed ; what has been the-
measure of the labor performed by them during the^
quarter next preceding each report, and stating what may
be a fair estimate of the A^aluo of the labor done by siicL
convicts, which labor shall be charged against said road by
the state treasurer, after deducting the average cost of
maintaining them ; and in no case shall be at less amount
than is provided for in section eight of this act ; what
money may have passed through their hands, and ho^v^
they have expended the same, and on what account, ancfc
all such other information about the work under their
charge as they may think necessary ; and also such as-
the Governor may require of them from time to time..



1876-'77— Chapter 106. 1G!>

They shall also have the power, from time to time, to
purchase all necessary tools, machinery and materials, and
to pay for such laborers and employees as they may rea-
sonably require.

Sec. 5. The warden of the penitentiary shall, from time „,

^ _ *' ' Warden of p«ni-

to time, as the Governor may direct, send to the president tenuary to for-

' J T L iiish convict* U>

of said company all convicts who have not been farmed |{J^ i-o-'id^''^^'"' **^
out, and who are not specially required by the constitu-
tion or laws of the state to be retained in the penitentiary',
and such other convicts as have not been assigned, or may
not hereafter be assigned, to other roads by law, to labor
on said railroad : Provided, The convicts assi2:ned shall be Proviso.
at least five hundred ; and the number so assigned shall
not exceed five hundred, until other roads and
public works, to which convicts are, or shall be allowed to
be used, shall have been supplied, and shall take from
him a receipt for the same, setting forth the name and
term of service of each, and the date when the term of
each began ; and the convicts so placed under the charge
of said president shall be secured and cared for according
to law, and required to do reasonable service each day or
night, when and where such labor ma\' be required. Any superior couat
judge of the superior court may sentence and order, at ten'lfco^vretsdi-
his discretion, any convict other than prohibited by the tfie^oad.^'*''^*^ *"*
constitution or public laws, directly to work upon said
railroad, and report shall be made by the superintendent
of all such convicts to the warden of the penitentiary, and
he shall receipt for them to said Avarden, as above pro-
vided in this section.
Sec. 6. The treasurer shall pay to the treasurer of said

_ r> .• , ,• ,1 1 n J.^ Treasurer direct-

company, trom time to time, upon the warrant of the ed lo pay, &c.

Governor, duly audited, such sums of money from the

funds provided by law for the support and management of

convicts in the penitentiary, as may be needed to guard,

support and clothe the convicts under charge of the com-

jjany : Provided, nevertheless, That the sum of money so Proviso.

paid shall not exceed the proportion of said fund required



170 1876-'77— CuAPTER 106.

for the support, guarding and clothing of the convicts so
under the charge of said company.

Sec. 7. The Governor may contract for, and purchase.

The governor to . . ^ • i -i i ,

touiract for ami m his discrction, such iron and steel rails and other ma-

piuchasc u'on. , ' ,

terial as he may from time to time find expedient, to lay
the track of said railroad from its terminus, near Old
Fort, as the same may be placed in readiness, as the direc-
tors of the company may, in their discretion, require ;
and to pay for such purchases and expenses (including the
iron already furnished by the citizens of Wilmington,) he
is hereby authorized to draw upon the treasurer his war-
rants for such sums as may be needful, which the treasurer
is hereby authorized and directed to pay out of any moneys

Proviso. -j-^ ^j^g treasury' not otherwise appropriated : Provided, The

amount does not exceed seventy thousand dollars ($70,000)
per annum.

Sec. 8. The superintendent of the state penitentiary

siipcrinteiuient shall be required to furnish all supplies, such as guarding,

ol peinlenliaryjto ^ ri ^ o o^

iimiish convicts feeding, clothino-, and doctor's bills, which, together with

wiMi supplies. &' . . . ' o

the hire of said convicts, at a price not less than fifty dol-
lars each per annum, with the maintenance of and hire of
all such convicts as have heretofore been employed on said
Expentitiues. road, together with all sums of money heretofore paid, or
may hereafter be paid, for the purchase of iron, or any
other material whatever, used in connection with the said
road, including such interest as heretofore has been, or
may hereafter be paid by the state on the mortgage bonds
of said company, and any and all expenses of whatever
character incurred heretofore or hereafter, in the comple-
tion and stocking of said road and paid by the state, shall
be charged against the said road by the public treasurer,
in a book kept for that purpose, and all expenditures and
appropriations thus made shall, in addition to the lieu
already created, constitute a lien upon the franchises and
all other property of the said company whatever, and
Avhich it may hereafter acquire, to secure the re-payment
to the state of all such sums of money and value of labor
expended and used on said road, and which may here-



187(J-'77— Chapter 106. 171

al'ter be expended and used under this act or any act of
the general assembly, hereafter passed : Provided^ That no proviso,
^^uni shall be expended for the purchase of iron, nor any
i"urther work done upon this railroad by convict labor,
after the first day of May, one thousand eight hundred and
seventy-seven, until this act shall be accepted by the stock-
holdei^ of said railroad company as a part of its charter.



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