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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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in the county during the year for each race, the number
of pupils of each race, their average attendance, the num-
ber of males, and the number of females, according to the
reports made to him by the provisions of this act.

Sec. 31. It shall be the duty of all teachers of free Duty oc teachers,
public schools to maintain good order and discipline in
their respective schools, to encourage morality, industry
and neatness in all their pupils, and to teach thoroughly
all branches which they profess to teach. If any pupil
should wilfully and persistently violate the rules of school,
such pupil may be dismissed by the teacher for the cur- I'upns may be

■^ dismissfd.

rent term.

Sec. 35. That the state board of education ma y recom- state board of ed-
mend the course of study to be pursued, the textbooks coullZ^a'cour^e
and oiher means of instruction to be used in the public '^^'^^^^y-'^^-
schools. Provided, that no sectarian or political text books proviso,
or influences shall be used in any public school.

Sec. 3G The superintendent of i)ublic instruction suporintcmient
shall have the school laws of the State published in pam- [•"I'/'shlinTa";;
phlet form and distributed on or before the first day of Sa hrDam-""
April of this year; shall have printed all the forms ne- ^""^^ '■«""•
cessary and proper for the purposes of this Act, and shall
look after the school interest of the state at large, and
report to the governor of the state on or before the first shaii report to the

^ governor on or

Monday of January of everv year, which report shall •-••••or') the tirst

. -^ "^ ^ J > I Monday of Juna-

give information and statistics of the public schools, and ">'•
recommend such improvement in the school law as may
occur to him ; he shall keep his office at the seat of gov-
ernment, and shall sign all requisitions on the auditor
for the payment of money out of the State treasury for
school purposes; copies of his acts and decisions, and of
all papers kept in his office and authenticated by his
signature and official seal, shall be of the same force and
validity as the original. He shall be furnished with
such room, fu(-l, and stationery as shall be necessary for



33-i 1876-77— Chapter 162.

the efficient discharge of the duties of his office as here

tofore.

Sec. 37. The sheriff or other collecting officer shall
totifke"dui!ficate take the duplicate receipts of the county treasurer for
receipts. sucli payment as he may make under section 32, one

copy of which shall be transmitted to the auditor of the
Provided. The stato. Provided, that in his settlement with the sheriff

county treasurer ,. , , , , • i • j i • , • ,i i ,

shall only receive lor thc taxes mentioned 111 tins section, the county trcas-

money. i n i

urer shall only receive money.

Sec. 38. The scliool fund for any year which may not
Unexpended "be required for the school expenses of that vear, shall be

school fund add- ^ ./ 7

ed to the next added to the school fund for the following year.

year. o •^

Sec. 39. In addition to the state and county capitation
Taxes additional taxes, appropriated by thc constitution, and other reve-

to state and 'oun- , ./ -iiii c li i^i'j.i

ty capitation tax- nucs heretoiore provided by law lor the support oi the
public schools, there shall be levied and collected ever}'
year for the maintenance and support of the public

> schools, eigliL ancLone third ccntg.on every one hundred
dollars worth of property and credits in the State, and
25 cents on every poll in addition to the taxes in the
revenue law.

Sec. 40. It shall be the duty of the secretarv of the

Secretary of coun- jpi .- r i^'^xx ix^n

ty hoard of educa- Doard ot educatiou lor each county to report to the su-

ti.'n shall repoi't . „,,.. . ,„

to superintend- permteiident of public instruction on or before the first

eut public lu- ^ '■

struction. day of October of cveiy year, full and accurate statistics,

showing the race, sex and number of teachers as reported
to him under the provisions of this act ; and also the
number of school children in the county, as reported to

Penalty for fail- the couutv board OI education under the provisions of
this act. And if any secretary of a count}' board of edu-
cation shall fail to comply with the provisions of this
section at the ti)]ie above stated, he shall be guilty of a
misdemeanor, and upon conviction thereof in the supe-
rior court of his county, he shall be fined not less than
fifty dollars and not more than two hundred dollars, or
imprisoned not less than one month or more than six
months, in the discretion of the court.



lS76-'77— Caapter 1G2. 335.

Sec. 41. Before enterinsr upon the duties of their office

, ,, , School commit-

the school coramicteemcn sliall take an oath before a ♦■pp'""! to tako

oath,

justice of the peace for the faithful discharge of the duties
of that office.

Sec. 42. The share of the public school fund arisinsf c.

^ => Share of public

from the increase tliereof by investment or otherwise to school fund to be

'' paid to county

Avliich each count}^ may be entitled, shall be paid to the treasurer,
county treasurer or his lawful attorney, upon the order
of the board of education and the warrant of .the auditor.
Sec. 43. It shall be the duty of the state board of edu-
cation on the first day of August of every year, to an- ttiucation to ap-

, ° . p , portion school

portion among the several counties of the state all the iunds to countiesi.

school funds which may then be in the treasury of the

state board of education and order a warrant for the

full appointmant to each county, upon the requisition of

each county treasurer, approved by the chairman and

secretary of the county board of education.

Sec. 44. Each examiner who shall comply with the j, ^ qjjjj^j_'""\
provisions ot this act, shall i-eceive as compensation for "*^"-



his services, three dollars a day for every day he may be

1/



actually engaged in the examination of teachers at the
times mentioned in this act. It shall be the duty of the
chairman and secretary of the county board of education
to draw an order on the county treasurer for the amount
due the examiner by virtue of this section. This order
shall bo [)aid by the county treasurer out of the school
fund.

Sec. 45. Every person who shall wilfully interrupt or penalty for dts
disturb any public or private school, or any meeting law- t"'"'^'"^ schools,
fully and peaceably held for the purpose of literary or
scientific improvement, either within or without the
place where such meeting or school is held, or injure any
school building, or deface any school furniture, a[)paratus
or other school property, shall be guilty of a misde-
meanor, and, on conviction thereof, shall be fined not
exceeding fifty dollars, or imprisoned not more than
thirty days at the discretion of the court.



336



^"School cmnmit-
?tee to take census
•i^wGhild.rea.



L41WS in conflict,



•Wliea in force.



1876- 77— Chapter 1G2— 163.

Sec. 4G. It shall be the duty of the school committee
of each district to take and return to the county board
of education, on or before the first day of September in
every year, a full and accurate census of the children
between the ages of six and twenty-one, giving the num-
ber in public schools, and the number who attend no
school, designating the race and sex in all cases.

Sec. 47. All laws and clauses of laws, and all provis-
ions of article seven of the constitution, inconsiotent with
this act, are hereby abrogated and repealed.

Sec. 48. This act sh^ll be in force from and after its
ratification.

Eatilied the ninth day of March, A. D. 1877.



CHAPTER CLXIII.

AN ACT TO AUTHORIZE IIUTHERFORD COUNTY AND OTHER
MUNICIPAL CORPORATIONS TO SUBSCRIBE TO RAILROAD
STOCK.



■fCapital stock.



T^oviso.



Section 1. TJie General Assembly of North Carolina do
enact, That it shall bela\^ ful for the county of Rutherford
or for any county or incorporated town or city to subscribe
to the capital stock of any railroad company having for
its object the completion of a railroad from Shelby, in the
county of Cleaveland, to Rutherfordton, in the county of
Rutherford, or to the capital stock of the Rutherford and
Spartanburg railroad, the proper authorities of said cor-
poration first submitting the question to the qualified
.voters in each county, city or town in pursuance of law :
Provided, mvsii the county of Rutherford shall not sub-
scribe an amount greater than fifty thousand dollars,
and shall not be allowed to subscribe to more than one
of said companies, and any such subscription shall be



1876-77— Chapter 163. 337

made in accordance with the provisions of tliat section of
the constitution of the state requiring such question to be
submitted to the qualified voters of the corporation.

Sec. 2. That in order to test the sense of the inhabi-
tants of such county, city or town the board of commis- Election,
sioners of such county, the board of aldermen of such _ji

city or the commissioners of such town respectively, each
within and for the count}'-, city or toMni in which its
jurisdiction and corporate powers may severally and re-
spectively be lawfully exercised are hereby authorized to
cause to be held the necessary election or elections re-
quired to carry into effect or comply with the same pro-
vision of the constitution in relation to any such sub-
scription, and in relation to the levy and collection of
the amount of taxes necessary for the payment of any ♦

such subscription or in relation to the issuing of bonds
or other evidences of indebtedness to secure the payment
of such subscription. For the payment of any such sub-
scription to the capital stock of the company, or to pro-
vide for the payment of the bonds or other evidences of
indebtedness, (and the interests which may accrue there-
on,) which may be issued as hereinafter provided, said
boards are hereby severally and respectively authorized
and empowered to levy and collect within their several
and respective jurisdictions, the necessary amount of
taxes and to issue bonds or other evidences of indebted-
ness in such sums, payable at such time or times and at
such rate of interest not exceeding seven per centum per
annum, payable annually or semi-annually, as they may
severally and respectively deem best, for an amount in
the aggragate not exceeding the amount autliorized
to be subscribed to said capital slock at any election
or elections held for the pur[)oses aforesaid. And any
one of said boards, if it shall deem it expedient so to
do, is hereby authorized and empowered to sell and ilis-
j)Ose of its bonds or any number of its bonds duly made
for the purposes aforesaid, and applv the j)rocceds of any

90



'^38 1876-77— Chapter 163—164.

such sale towards tlie payment of any subscription made
by such board to the capital stock o!f said company.

Sec. 3. That this act shall be in forpe from and a^ter
its ratification.

Ratified the 3rd day of March, A. D. 1877.



JVmenclet'.



CHAPTER CLXIV.

AN ACT TO PROVIDE FOR THE PUBLICATION AND SALE OF THE
SUPREME COURT REPORTS, AiMENDATORY OP SECTION TEN,
CHAPTER ONE HUNDRED AND FIVE, OF BATTLE'S REVISAL.

Section 1. The Gen< red Assemhh/ of North Carolina

do enact: That section ten, of chapter one hundred and
five, of Battle's Revisal, be amended as follows :

Strike out after the word "Law," in the third line of
said section, and insert " As reporter of the decisions of
the supreme court he shall receive, as a compensation
for his services, tlie sum of seven hundred and fifty dol-
lars for reporting the decisions of each term of said court,
which shall be paid upon satisfactoiy evidence to the
treasurer that he has had printed and iHstributed the
number of copies of the reports reserved for the use of
the state."

Sec. 2. Besides the copies aforesaid, tliore shall be
^niTte^l'ind'rrice printed as many additional copies of said reports as, in
the opinion of the attorney general and secretary of state,
may be sufficient to supply the demand, (said number
not to be less than six hundred) to be sold by the secre-
tary of state, at the cash price of three dollars per volume,
and the secretary of state shall pay to the treasurer,
monthly, the money arising from said sale, less five per
cent., which he may retain for his services.

Sec. 3. That said reports shall be prepared and distri-



0er volume.



1876- 77— Chapter 104—105. 339

i)uted within eighty days after the adjournment of the distribution,
^supreme court.

Sec. 4. That the attorney genei-al shall have power to
loontract, in behalf of the state, with any responsible party bimi'ing/°" *"'*
or parties, for the publication and bind.ng of said re{)ort3
'.upon the best terms he can obtain.

Sec. 5- That this act shall be in force from and after
iits ratification.

Ratified the 3d day of March, A. D. 1877.



»• CHAPTER CLXV.

..iN ACT TO CHANGE A PORTION OF THE DIVIDING LINE BE-
TWEEN HERTFORD AND BERTIE COUNTIES.

Section 1. TJie General Assembly of North Carloina do
lenact, That the dividing lines between the counties of riviiUn^iine
^Hertford and Bertie be changed as follows : Beginning
;at the point where roads leading from Pich Landing to
J^^owell's cross-roads intersects the present line dividing
iSQ.\<\ counties; thence along said road to Powell's cross-
iroadft ; thence along said road to Loving Swamp, near
J". W. Mitchell's farm ; thence along said road to Harris'
icross- roads; thence along a straight line from Harris'
•cross-roads to Jenkins' cross roads; thence along tlie
"5Vinston road to a fork of said roads, known as "-Roads
IPlace;'' thence along the Winston road about two miles,
•'to the bend of said road, near Asa F. Earley's farm, and
ithcnce along a straight line in a north-westerly course to
ithe Hertford Ine.

Sec. 2. That in the sej)ai'ation herein provided, that por- Public debt.
txon of the county of Bertie shall not be relieved from its
•proportion of the public debt of said county.

-Sec. .3. The provisions of the foregoing sections shall



340 1876-77— Chapter 1G5.

Election. j-,q^ ]^q deemed cf any effect until the question of " an-

nexation " or " no annexation " be submitted to the legal-
ly qualified voters, who shall have resided in the section*
to be affected by this act for ninety days next preceding
the election hereinafter mentioned, and then only in case-
a majorit}^ of such voters shall cast their votes in fuvor
of " annexation."

Sec. 4. In order to carry out the provisions of this act-,
any magistrate or magistrates living in said section, and
if there are no magistrates or magistrate to act, then the-
sheriff of Bertie county shall order an election, to be^
held within thirty days after the passage of this act, at
the various precincts in the territory to bo affected here-
by, and make due returns of the same within five days-
thereafter. Provided, That said election shall be adver-
vertised fifteen days prior to said election.

Sec. 5. That T. J. White and Joseph J. Perry are here-
by appointed registrars to receive the registration oi'
voters in said territorj^ prior to the day of said election,,
and they be authorized and empowered to appoint judges;
to hold said election, who shall be governed by the gen-
eral election law ; and said judges of election are herebw
required to make duplicate accounts of such election.,
one coj^y shall be sent to the county commissioners of
each of said counties, there to be filed as records of their
office.

Sec. 6. That if the change herein proposed shall be^
made, then that portion of the county of Bertie hereiiD
attached to Hertford, shall constitute and be known as^
"Tilden Township."

Sec. 7. That James Martin, of Bertie, and John F.
Newsom, of Hertford, be, and they are hereby, appointed,
surveyors to lay off and establish the lines herein pro-
vided, for which service they shall be entitled to the usual
fees for such service, the same to be paid by the county
of Hertford.



187G-'77 -Chapter 165— IGC— 107. 341

Sec. S. That this act shall take efteet from and after
its ratification.

Ratified the 3d day of March, A. D. 1877.



CHAPTER CLXVI.

AN ACT TO AMEND SECTION TWELVE, OF CHAPTER ONE HUNDRED
AND FIVE, OF BATTLE'S REVISAL.

Section 1. The General Assembly of North Carolina do
^nact. That section twelve, of chapter one hundred and fdb'"epafdmonth.
five, of Battle's Revisal, entitled " Salaries and Fees," be '^'•
amended to read as follows : All annual salaries allowed
b}' this chapter shall be paid quarterly out of any money
in the public treasury, except such as is allowed to the
clerks in the several departments, which shall be paid
monthly.

Sec. 2. This act shall be in force from and after the first
day of April, one thousand eight hundred and seventy-
seven.

Ratified the 3rd day of ^March, A. D. 1877.



CHAPTER CLXA^II.

AN ACT TO CHANGE THE COUNTY LINE BETWEEN THE COUN-
TIES OF AV AT AUG A, WILKES AND ASHE.

Section 1. The General Assembly of North Carolina do
^enact,1hat the line between the counties of Watauga, Dividing imo.
Wilkes and Ashe be changed to run as follows ; Begin-
ning on the top of the Wolf Knob near the widow Tcmpy



342 1876-77— CHAriER 167— 168.

Mikels where the Watauga and Wilkes county line in-
tersects, running a north course to the top of the Bhie-
Ridge at the dividing line between tlie lands of Leander
Robbins and Enoch Tie{)lits, and thence a north course
to the top of Iluson's Ridge, then a north course to the
ford of Gap creek near the mouth of Alexander Green's
lane, thence a north west course to the top of the Big
Ridge to the Ashe county line.

Sec. 2. All that portion of Wilkes and Ashe counties
Btony Fori town- included withiu the boundary described in section one of '
this act shall constitute a part of the county of Watauga-
and be incorporated with the township known as Stony
Fork.

Ratified the 3rd day of March, A. D. 1877.



entries.



CHAPTER CLXVIII.

AN ACT REGULATING THE MODE OF MAKING ENTRIES OP VACANT-
LANDS IN THE COUNTY OF BLADEN,

Mode of making SECTION 1. The GencTcil Asseiuhly of North Carolina do
enact: Tliat when any person, desiring to make an eniry
of any of the public lands within the county of Bladen,
and shall have filed the written statement, signed by hin>
as provided in section sixteen, chapter fortj'-one, of Bat-
tle's Revisal, it shall be the duty of the entry taker of
said county to cause to be posted at the nearest post office
to where the land described in the statement is situated ^
and at two other public places within the township, a
copy of the written statement filed with hiai for ten days
before issuing his warrant to tlie surveyor of said county,
for which service he shall be entitled to a fee of fifty
cents, to be paid by the applicant.

Sec. 2. That if the entry-taker of said county shall is-



1876-'77— Chapter 108—1(30. 343

yue aiiv warrant fur tlie i^urvcy ol land bi-foio oivincr ^'"^""^"^ '*"^

•^ ir> )n sued c'ont aiyti>

the notice required in the first suctioi of this aet, he shall *•'•'*«<=•.
forfeit and pay two hundi-ed dollars to any person wlio
may sue for the same.

Sec. 3. That all laws, and clauses of laws, cominq; in
conflict with the provisions of this act, are hereby re- conflicting laws,
pealed.

Ratified the 5th day of ^h\rch, A. I). 1S77.



CHAPTER CLXIX

AN AOT TO INCORPORATE THE TOWN OF SPARTA, IN EDGECOMBE

COUNTY.

Section 1. The General Assembly of North Carolina do
enact That the town of S|»arta, in the county of Edjie- spari»iiv:orpoF-
combe, be and the same is hereby incorporated under
the name and style of the "Town of Sparta," and shall
be subject to all the provisions contained in the one hun-
dred and eleventh (111) chapter of Battle's Revisal.

Sec. 2. That the corporate limits of said town shall 1 e
as follows: Beginning at the mouth of Town creek, run- corporate mnit»>
ning along Tar river in a southerly direction the distance
of one mile to a corner, thence in a westerly direction a
distance of one mile to a corner, thence in a northerly
direction a distance of one mik-to Town creek, thence in
an easterly direction along Town creek to a given i)oint
two hundred yards below Moore and hawnmcc's mills,
leaving the creek at that point and running direct to the
beginning a distance of one mile.

Sec. o. The officers of said town shall consist of four
commissioners, a constable and a treasurer, wlio shall be O'^*'"'''"'
cx-officio daxV. of the board of coinmisshmcrp, said four



344



1876-77— Chapter 169—170.



TJntil others are
elected.



May condemn
land.



Proviso.



commissioners shall choose one other member mayor,
and also their constable ami treasurer.

Sec. 4. That until the next regular election under the
general law ct ncerning corporate towns, E. L. Moore,
Leonedas Little, M. B. Pitt and J. J. Ilarrell are ap-
pointed commissioners of said town with power to ap])oiut
their constable and treasurer to serve until the time pre-
scribed by law for the next election of officers for cor-
porate towns.

Skc. 5. The commissioners have power to condemn
land for streets and lay off and open streets in any part
of the aforesaid described limits and shall have power to
make all necessary by-laws, rules and regulations for the
good government of the town not inconsistent with the
constitution and laws of this state or of the United States:
Provided^ That when land is condemned under this act
either party will have a right of appeal to the superior
court of the coutj'.

Sec. 6. This act shall take effect from and after its rat-
ification.

Ratified the 5th dav of March, A. D. 1877.



CHAPTER CLXX.

AN ACT TO AMEND SECTION THREE HUNDRED AND SIXTY-
ONE, OF THE CODE OF CIVIL PROCEDURE.



Section 1. The General Assembly of North Carolina do
2fSV°'irroc2°'^'' ^^^^<^^' That section three hundred and sixty-one, of the



roce

dure, amended



code of civil procedure, be amended by inserting after
the word "property," in fifth line, the words "or in
which the plaintiffs, or any one of them, reside."

Sec 2. That this act shall be in force from and after
its ratification.

Ratified the 5th dav of ^farch, A. D. 1877.



1876-77— Chapter 171. 345



CHAPTER CLXXI.

AN ACT TO CHARTER THE PIEDMONT NARROAV GAUGE RAIL ROAD

COMPANY,

Section 1. The General Assembly of North Carolina do
enact: That a company may be formed with a capital capital stock,
stock not to exceed one hundred and twenty five thou-
sand dollars, to be divided into shares of one hundred
dollars each, to be called and known as the Piedmont
]^arrow Gauge Pail Road Company, for the purpose of
constructing a narrow gauge rail road from, at or near
Reidsville to some point in the Virginia line by the way
of Leaksville. Tlie company Avhen formed as herein-
after directed shall have power to receive, possess, own
and transfer real and personal propert}^ and estate, to
have a common seal and to pass such by-laws, not incon-
sistent with the laws of this stale as may be necessary to By-Lawa.
carry out the objects of this corporation, shall be capable
in law of sueingand being sued, pleading and being im-
pleaded and shall have and enjoy all the rights of other
corporate bodies under the laws of this state and have tlie
exclusive right to transfer and carry persons, produce and
merchandize at such prices as they may fix.

Sec. 2. That for the purpose of creating the capital
stock of such company, John H. Dillard, James D. Glenn, KKiIt'ion."
AVilliam Moore, Alexander Smith, John M. AValker, D.
F. King, Alexander Moir, J. W. Burton, William Gar-
rett, Philip Pratt, be ai)pointed commissioners, whose
duty it shall be, as soon after the passage of this act as
may be practicable to appoint such commissioners to
0j)en books of subscription at such times and places, un-
der such rules and regulations as they may prescribe.
Such subscriptions or any part thereof may be received
payable in money, lands, labor, or material necessary in
the construction of said road.



346



1876- 77— Chapter 171.



Sec. 8. Whenever the sum of ten tliousand dollars
^.^e\*cS'-''" sliall have been subscribed to the capital stock of said
scribed. coinpau}', it sliall be the duty of the commissioners above

named to call a general meeting of the fetockholders,
after giving sufficient notice at such time and place as
they shall determine, and at all general meetings of said



Online LibraryNorth CarolinaLaws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) → online text (page 29 of 62)