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the first day of February, Anno Domini eighteen hun-
dred and eighty-one.

Sec. 2. That hereafter it shall not be necessary to ob-
tain a deed of re-conveyance as provided in said act, but
that the provisions of law relating thereto prior to the
passage of said act shall be and they are hereby declared
to be in full force and virtue.

Sec. 3. That this act shall be in force from and after its
ratification.

Read three times in the general assembly, and ratified
this the 26th day of March, A. D. 1880.



Provisions of ch.



1881



Hereafter unnec-
essary to obtain
deed of re-con-
veyance.

Law in force prior
to act of 1879 re-
i nacted.



CHAPTER 1 2 .

AN ACT TO INCORPORATE THE DURHAM RAILROAD COM-
PANY.



Incorporation.



The General Assembly of North Carolina do enact :

Section 1. That a body politic and corporate may be cre-
ated and organized as provided by this act by the name
Name. and style, "The Durham Railroad Company," and such

corporate powers corporation when so organized may sue and be sued,
plead and be impleaded in all courts according to law,
and shall have power to purchase, receive by gift, devise



1880— Chapter 12. 29

or otherwise, and hold and own, and to sell and convey
by deed or otherwise both real and personal property for
the purpose in this act provided, and to make all such
by-laws as the stockholders in said company may deem By-Laws,
proper, not inconsistent with the constitution and laws of
this state and the United States.

Sec. 2. That said corporation so to be organized shall To construct raii-

•iii- road.

have power and the right to construct a railroad having
one or more tracks, upon such route as the board of di- Route,
rectors of said company may deem proper to select for
the purpose of connecting by railroad the town of Dur-
ham in the county of Orange either with the Raleigh and
Augusta Air Line Railroad, or the Raleigh and Gaston
Railroad at such point as said board may determine ; and
for the purpose of constructing said road, the said com-
pany shall have power to open books of subscription for Books of subscrip-
one million of dollars of capital stock of said company capital stock,
in shares of fifty dollars each at such times and places
and keep the same open for snch length of time as the
said board may provide for the purpose of organizing
said corporation.

Sec. 3. William T. Blackwell, Julian S. Carr, J. E. Lyon, commissioners
B. L. Duke, E. J. Parish, H. A. Reams, J. J. Lockhart, SkggffitoSt
Fred. C. Gear and C. B. Green are each appointed commis-
sioners to receive subscriptions for the capital stock of said
company, any three of whom shall have power to act in
this behalf, first giving ten days' notice in one or more
newspapers published in said town of Durham.

Sec. 4. That whenever the sum of fifty thousand dollars when corpora-
shall have been subscribed for such capital stock by re-
sponsible persons and the sum of ten dollars per share
shall have been paid by such subscribers for said stock to
said commissioners for said company the said subscribers
so paying for stock and their successors and assigns shall
be and they are hereby declared to be incorporated into
a company under the name and style and with the
powers provided in the first section of this act, and shall



30 1880— Chapter 12—13.

have the right to construct said road and to transport-
passengers and freights of all kind over said road for pay
as other railroad companies in this state have the right
to do; and the said commissioners, or a majority of them,
hoWeral ° f stock " sna U have power on giving twenty days' notice in a news-
paper published in the town of Durham to assemble such
subscribers as shall have so paid for their stock respee-
organization of tively and they shall proceed to organize said company
jompany. au( j elect six directors out of their number who shall

serve for one year and until their successors shall be
elected, and said directors shall elect one of their number
to be the president of said company, and the stockholders
may provide in their by-laws for such other officers as
they may deem fit and fix the term of office of all officers.
Sec. 5. This act shall be in force from and after its rati-
fication.

Read three times in the general assembly, and ratified
this the 26th dav of March, A. D. 1880.



CHAPTER 13.

AN ACT TO MAKE THE KILLING OF LIVE STOCK BY THE CARS
AND ENGINES* RUNNING ON RAILROADS IN THE STATE IN
DICTABLE.

The General Assembly of North Carolina do enact :

live .stock kiiiea Section 1 . That when any cattle, horses, mules, sheep or
railroads in cer- other live stock shall be killed or injured by any car or en~

tain counties a . ' • e /-\

misdemeanor, gme running on any railroad m the counties ot Columbus,
New Hanover, Brunswick, Bladen, Robeson, Richmond,
Anson, Union, Gaston, Lincoln, Cleaveland and Burke,

\viio uabie to in- in this state, it shall be a misdemeanor, and the presi-
dent, receiver and superintendent of such road, and also
the engineer and conductor in charge of the train or en-



1880— Chapter 13. 31

gine by which such killing or injury is done, may be in-
dictable for such killing or injury : Provided, that if the Proviso,
parties indictable under this section or any or either of
them shall within six months after the killing as afore-
said of any stock mentioned in this act, and before an} r
indictment is preferred or warrant issued, pay the owner
of such stock as may be killed his charges for said stock,
or in the event the charges are too high or thought to be
so, such sum or sums as may be assessed by three com-
missioners, one to be chosen by the party whose stock is
killed or injured, a second by the party accused of killing
the same, and the third by the two commissioners chosen
as above indicated, who shall meet at some place in the
county where the stock is killed or injured, to be selected
by the parties interested, within thirty daj^s after they
are chosen and accepted, such payment shall be a bar to
any prosecution under this act, and that the decision of
two of the said commissioners shall be final for the pur-
poses of this act: Provided further, that if any person or Proviso,
persons liable to indictment under this section shall
within the time prescribed propose to the party endam-
aged to refer the matter of damages in the manner herein-
before indicated to three commissioners, and the party
endamaged shall refuse or decline such proposition, such
refusal or declining shall be a bar to any prosecution un-
der this act : Provided further, that if the party endamaged Proviso
shall at any time before indictment is preferred, or war-
rant issued, directly or indirectly receive any sum in full
compensation of his damages, such compensation shall
be a bar to any prosecution under this act ; and if any
compensation be so received after indictment is preferred
or warrant issued, or if after said time the party accused
shall pay or tender to the owner of the stock killed the
value of the same as decided by the commissioners, as
above provided or a majority of them, in either case the
prosecution shall go no further and the accused shall
be charged only with the accrued cost.



32



1880— Chapter 13—14.



Penalty on con-
viction.



Killing or injur-
ing prima facie
evidence of negli-
gence.



Indictment not
to be until party
damaged has pro-
posed a reference.



Sec. 2. That in any conviction under this act the party
found guilty shall be fined not exceeding fifty dollars or
imprisoned not exceeding thirty days.

Sec. 3. When any cattle, horses, mules, sheep or other
live stock shall be killed or injured by the engines or
cars running on any railroad in the aforementioned
counties in this state, and such killing is proved, it shall
be prima facie evidence of negligence in any indictment
under this act.

Sec. 4. That the indictment provided for in this act
shall not lie until a proposition to refer the matter has
been proposed by the party claiming that he has been
damaged.

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

Read three times in the general assembly, and ratified
the 26th day of March, A. D. 1880.



CHAPTER 1 4 .

AN ACT TO AMEND SECTION TWO, CHAPTER ONE HUNDRED
AND EIGHTEEN, BATTLE'S REVISAL.



The General Assembly of North Carolina do enact :
construction of Section 1. That section two, chapter one hundred and
Bat P Rev 118 ' ' eighteen, Battle's Revisal, shall be so construed as to pro-
prohibfted from hibit all non-residents from shooting afloat in any of the

shooting afloat in , * r < ., -i ,

the waters of Cur- Waters 01 CumtUCK COUllty.

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

Read three times in general assembly, and ratified
this 26th day of March, A. D. 1880.



1880— Chapter 14—15.



CHAPTER 15.

AN ACT TO PROVIDE FOR THE REMOVAL OF CAUSES IN
COURTS OF JUITICES OF THE PEACE.

The General Assembly of North Carolina do enact :

Section 1. That in all proceedings and trials, both wSomo^ut
criminal and civil, before justices of the peace, the justice iKfi8KMg£
before whom the writ or summons is returnable, shall affldavit -
upon affidavit made by either party to the action that he
is unable to obtain justice before him, move the same to
some other justice residing in the same township, or to the
justice of some neighboring township if there be no other
justice in said township : Provided, that no cause shall be Proviso -
more than once removed.

Sec. 2. All laws and clauses of laws in conflict with
this act are hereby repealed.

Sec. 3. This act shall be in force from and after its rat-
ification.

Read three times in the general assembly, and ratified
this the 26th day of March, A. D. 1880.



CHAPTER 16.

AN ACT TO AMEND SECTION ONE, CHAPTER TWO HUNDRED
AND SIX, LAWS OF EIGHTEEN HUNDRED AND SEVENTY-
NINE.

The General Assembly of North Carolina do enact:

Section 1. That section one. chapter two hundred ciiap. 2oe, 11, actc
and six, laws of eighteen hundred and seventy nine, be JB7 *' an " 3 '
amended as follows : Strike out after the word "and" in
third line the letter "W" and insert the word "David." DavWAUe^
3



34 1880— Chapter 16—17.

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

Read three times in the general assembly, and ratified
this the 26th day of March, A. D. 1880.



CHAPTER 17.

AN ACT AUTHORIZING AND EMPOWERING THE COUNTY COM-
MISSIONERS OF UNION COUNTY TO APPLY THEIR SURPLUS
RAILROAD FUNDS TO THE SCHOOL OR GENERAL FUND.

TJte General Assembly of North Carolina do enact :
( r'^ 1 , 1 1 lis f ion t ersof Section 1. That the board of county commissioners of

union countj •>

appiTs»fpi"°s of Union county shall be authorized and empowered, and
railroad" iebtto they are hereby fully authorized and empowered, to apply
schooler general the surplus fund in their hands which was raised for the
purpose of paying off the railroad debt of that county,
and which remains after that debt has been paid in full
to the common school or general fund as they may think
best.

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

Read three times in the general assembly, and ratified
this the 26th day of March, A. D. 1880.



1880— Chapter 18. 35

CHAPTER IS.

vX ACT TO AMEND THE CHARTER OF THE CAPE FEAR AND
YADKIN VALLEY RAILWAY COMPANY.

The General Assembly of North Carolina do enact:

Section 1. That of the board of directors of the Cape Four of the board
Fear and Yadkin Valley Railroad Company four shall be selected from the

i , i e l- i- e i ii.ii section of country

selected from that section or country through which the on the line of the

J & road west of

said road passes west of Greensboro, two of whom shall Greensboro,
be chosen along the line of road running up the Yadkin
Valley to Patterson west of the point of divergence
hereinafter provided for; and the other two on the Ore
Knob and Mount Airy line from Ore Knob and Mount
Airy to Greensboro.

Sec. 2. That when the grading of said road reaches the Convicts to be
point of divergence of Mt. Airy and Ore Knob branch of between theMt.
said road and the Yadkin Valley Branch the entire force knob branch and

^ the Yadkin V:il-

of convicts employed on said road shall be equally di- leybranch -
vided between the two branches, and continued on such
branch until completed to their western termini, and the
point of divergence heretofore mentioned, shall be at the Point of diver-
most practicable and convenient point on the main line
with a view of reaching the Yadkin river at or in the im-
mediate neighborhood of Bean Shoals.

Sec. 3. All laws and clauses of laws in conflict with
this act are hereby repealed.

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

Read three times in the general assembly, and ratified
this the 26th dav of March, A. D. 1880.



36 1880— Chapter 19.



CHAPTER 19.

AN ACT TO AMEND AN ACT RELATING TO ROADS AND HIGH-
WAYS.

The General Assembly of North Carolina do enact :

Su-r'to'havo m- Section !• That the justices of the peace in each and
SS'Sroadsin ever > T township of this State shall have the supervision
towMhips ective and contro1 of the public roads and highways in their
incorporated. respective townships. They are hereby incorporated and
corporate name, the " Board of Trustees" of such township shall be their

corporate name.

oftowffhip b tra£ Sec - 2 - The board of township trustees shall meet in some

place in their respective townships to be agreed upon by

themselves, or in the absence of such agreement, to be

named by their chairman, on the first Monday of May and

November, and at such other times as a majority of them

clemngs C ! fpro " ma y deem advisable., They shall keep a record of their

proceedings and shall annually at their May meeting

™ . elect one of their number chairman and may also elect

Chairman. J

one of their number or some other suitable person treas-
urer and require a bond of such treasurer payable to the
state of North Carolina in trust for said township with
security to be by them approved conditioned for the faith-

corporate powers f u l discharge of the duties of said office. They shall have
the right to sue and be sued, plead and be impleaded in
any of the courts of this state and levy taxes for road

Board of trustees purposes as hereinafter provided. The board of trustees

empt from work- and township treasurer shall be exempt from the four
days' labor on the public road::. It shall be the further
duty of the trustees to examine into the condition of the

to U examine & e public roads and highways of their respective townships
at least twice in each and every year and make a report
on the condition of said roads and highways and present

judgeof tne^upe- said report at the spring and fall terms to the judge of

rior court.



18S0— Caapter 19. 37

trie superior court, who shall transmit said report to the

solicitor with such instructions as he may deem proper. Authority of

Sec. 3. The board of township trustees shall have the overloads,
right to lay out and discontinue public roads and high-
ways that are wholly within their townships subject to
all the rules and regulations now in force, and the county •
commissioners only shall have the right to lay out and Amhority of
discontinue public roads that extend into two or more s?oTe t rs. coimms ~
townships: Provided further, that the right of way of all Proviso.

1 J ■> to j Right, of way.

public roads and highwa} r s shall not be less than twenty-
two feet wide, and in opening new roads not more than
■five jurors shall be summoned or required. Jurors.

Sec. 4. That each and every chairman of county com- Neglect of duty

by commission-

missioners, board of county commissioners, justice of the |£ s ' {; own ! hlp
peace or board of township trustees who shall neglect or
refuse to perform the several duties enjoined by this act,
shall be guilty of a misdemeanor, and on conviction Misdemeanor,
thereof, shall be fined or imprisoned or both, in the dis-
cretion of the court, and it is hereby made the duty of
the solicitors to prosecute all offences against the provis-
ions of this section.

Sec. 5. That the township trustees of the several town- Townships to be
ships of this State shall, on the first Monday of May next, districts.
or within four weeks thereafter, divide their respective
townships into suitable road districts, and annually there-
after may make such alterations therein as they may
deem proper, and cause a brief description thereof to be
made on the township records, and also furnish each su-
pervisor with a plot of his road district. The trustees of Township tru*-
each township at their May meeting, and annually there- pervisor for each

i district.

after, shall elect one supervisor for each road district; su- Supervisors to
1 ' take oath.

pervisors so elected shall take an oath faithfully and To give bond.
impartially to discharge the duties of said office, and the
township trustees may require a bond of such supervisor,
payable to the State of North Carolina in trust for said
township m such sum as they may determine with secu-
rity 7 to be by them approved, conditioned for the faithful



38



1880— Chapter 19.



Penalty for refu-
sal of super visor
to serve.



Vacancy.



Duties of super-
visor.



Authorized to ""
enter upon land
and cut timber.



To dig gravel, &c.



To make drains,

&C.



Drains. &c, not
to be obstructed
by owner of land.



discharge of the duties of said office, and on refusal or
neglect to qualify and serve, shall forfeit and pay the sum
of twenty dollars and cost, to be collected by the township
trustees in an action of debt. Money so collected shall
go into the road fund of the township, and be credited to
the proper road district.

Sec. 6. That when any vacancy shall occur in the office
of supervisor by death, resignation or otherwise, the trus-
tees of the township wherein such vacancy occurs shall ap-
point some suitable person to fill such vacancy. The person
so appointed shall before entering upon the duties of his
office take an oath to faithfully and impartially discharge
the duties of his office, and shall be under the same re-
strictions and penalties as though he had been duly
elected and qualified.

Sec. 7. That it shall be the duty of each and every su-
pervisor to open or cause to be opened all public roads
and highways which shall have been or may hereafter
be laid out and established in his road district, the same
to keep in repairs, and remove or cause to be removed all
obstructions that may from time to time be found there-
on ; for which purpose the supervisors are hereby author-
ized to enter upon any uncultivated land, or improved lands
unincumbered by crops, near to or adjoining such roads,
to cut and carry away timber, except trees or groves on
improved land planted or left for ornament or shade ; to
dig or cause to be dug and carried away any gravel, sand
or stone which may be necessary to make, improve or
repair said road ; and to enter on any lands adjoining or
lying near the road to make such drains or ditches
through the same as he may deem necessary for the bene-
fit of the roads, doing as little injury to said lands and
the improvements thereon and timber as the nature of
the case and the public good will permit ; and the drains
and ditches so made shall be conducted to the nearest
water course, and shall be kept open by such supervisors,
and shall not be obstructed by the owner or occupier of



1880— Chapter 19. 39

such lands or any other person or persons having the
same in charge, under the penalty of forfeiting a sum not Penalty
exceeding ten dollars for each and every offence, to be
collected by the supervisor and paid over by him to the
township trustees and applied, to the road fund of the
township.

Sec. 8. That all able-bodied male persons, and all male who liable to
persons able to perform, or cause to be performed, the la- worfe on 1 ' oads "
bor herein required, between the ages of eighteen and
forty-five years, except persons permanently disabled in
the military service of this state, shall be liable annually
to do and perform four days' labor on the highways, un-
der the direction of the supervisor of the road district in
which he shall reside : Provided farther, that if any person, proviso,
being warned as hereinafter provided, shall pa} 7 to the
supervisor in whose district he may reside the sum of Relieffrom work
four dollars, the same shall be received in lieu of the four fou?douara. °
days' labor, and shall be applied b} 7- the supervisor re-
ceiving the same to the improvement of the roads of his
district, and accounted for as hereinafter provided.

Sec. 9. That it shall be the duty of every supervisor to Supervlsorto
order out every such person, resident as aforesaid, be- u^ e ie°towork? ns
tween the first day of February and the first day of De-
cember, annually, to do and perforin the work aforesaid
on public roads within the district; and if any such resi- penalty forrefu-

-, , i • ii it i • v sal or neglect to

dent being personally warned by such supervisor, or by work,
leaving a written notice at his usual abode, shall refuse
or neglect, having had at least two days' notice, to attend
by himself or substitute to the acceptance of the supervi-
sor, or having attended shall refuse to obey the directions
of the supervisor, or shall spend the time in idleness or
inattention to the duties assigned him, every such delin-
quent shall forfeit and pay the sum of one dollar for ev-
ery such offence, and shall further be liable in all cases
of non-attendance to the amount for four days' work, to
be recovered by action before any justice of the peace of
the proper township at the suit of the supervisor within



40 1880— Chapter 19.

whose district be may reside ; and shall also be guilty of
Misdemeanor. a misdemeanor and fined not exceeding five dollars or
Application of imprisoned not exceeding five days; and the money so
collected shall be applied by said supervisors to the im-
provements of the roads in his district, and accounted for
by him at the annual settlement with the township trus-
tees : Provided, that no person shall be released from the

Proviso. .

performance of labor on the public highways by reason
of the neglect of any supervisor to order out such person
on or before the first day of December, as herein provided.
feomonerofflSdal ^ EC - 10- That in case any person shall remove from
triet to another. 01 ^ e district to another, who has prior to such removal
performed the whole or any part of the labor aforesaid,
or in any other way has paid the whole or any part of
the amount aforesaid in lieu of such labor, and shall pro-
duce a certificate of the same from the supervisor of the
proper district, such certificate shall be a complete dis-
charge for the amount therein specified. '
when persons Sec. 11. That any person called upon to perform any

called upon to •> L r r J

work to appear, labor upon the public roads and highways under any
provision of this act, shall by himself or substitute appear
at the place appointed by the supervisor at the hour of
seven o'clock in the forenoon, with such necessary tools

to bringtoois,&c. and implements as the supervisor may direct; and the
supervisor may if necessary for the improvements of the

To furnish team roaa \ order any person owning the same to furnish a team

&c * of hqrses, mules or oxen, and wagon, cart, plow or scraper,

to be employed and used on the roads under the direction
of the supervisor.

Residence. S EC . 12. That for the purpose provided for in the pre-

ceding sections of this act, the residence of any person
who has a family shall be held to be where his fam-
ily resides, and the residence of any other person shall
be held to be where he boards, in any road district in this
state.

supervisors tp S EC . 13. That the several supervisors, within their re-

collect nnes, etc. L '

spective districts, shall collect, by suit or otherwise, all



J 880— Chapter 19. 41

fines, forfeitures and penalties arising and accruing under
the provisions of this act, unless the collection thereof is
otherwise herein provided for ; and they are hereby au-
thorized and required, before their settlement with the
township trustees, to prosecute to final judgment all


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