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Small pox in a neighborhood, all due diligence shall be Small pox."
used by the superintendent that warning shall be given,
and all persons not able to pay, to be vaccinated free of
charge by him. The vaccine for this purpose shall be
paid for by the corporation in which the superintendent
serves.

Sec. 12. Bulletins of the outbreak of diseases danger- Diseases danger-

ii ii-i i i i ii i ii i r, i i " I,s t0 Public

i the public health shall be issued by the State board fceaitb.



218 1879— Chapter 117.

Dntiesof state whenever necessary, and such advice freely disseminated

board. . . . t .

to prevent and check the invasion of disease into any
part of the State. It shall also be the duty of the board
to enquire into any outbreak of disease, by personal visits
or by any method the board shall direct. The expenses

Expenses. [compensation] of members on such duty shall be five

dollars a day, and the necessary traveling expenses.

Special meetings. Sec. 13. Special meetings of the State board of health
may be called by the president, through the secretary.

Annual meeting. The regular annual meetings shall beheld at the same
time and place of the State medical societ} r , at which
time the secretary shall submit his annual report.

Chemical analysis Sec. 14. When the county superintendent of health

of bodies, when . . .

and how made. shall in the course of his investigation required at coro-
ner's inquest, think it necessary to subserve the ends of
justice that a chemical analysis of the viscera or fluids of
the body be made, he shall carefully pack up and seal the
suspected article in a proper receptableih the presence of
a witness and forward it to the chemist of the agricultural
station for analysis. (Such analysis shall be made free of
charge, and be returned to the coroner of the county,
such analysis having precedence over other matters of
investigation not of a similar character, then in the labo-
ratory of the chemist.) Analysis for purposes connected
with the hygenic duties of the superintendent of health
shall in like manner be made by the said chemist, upon
requisition signed and approved by the secretary of
the State board of health. Such analysis will include
soil, drinking water, articles of food, air, &c, to be packed
for transmission by direction of the chemist of the agri-
cultural station.

Annual appropria- g EC . 15. For carrying out the provisions of this act

t ion of $200. J b I

two hundred dollars is hereb}'- annually appropriated, to

be paid on requisition signed by the treasurer and presi-

printing, 4c. dent of the State board of health, and the printing and

stationery necessary annually for the board be furnished






1S79— Chapter 117—113. 219

on requisition upon the state printer. A yearly statement of n r n ecei P ts, a &c meat
shall be made to the Legislature of all moneys received
and expended in pursuance of this act.

Sec. 16. All previous acts conflicting with this are
hereby repealed upon the passage of this act.

Ratified the 14th day of March, 1879.



CHAPTER 118.

AN ACT TO PROVIDE FOR THE REPAIRING OF THE QUAR-
ANTINE HOSPITAL AT SMITHVILLE.

The General Assembly of North Carolina do enact :
Section 1. That Walter G. Curtis, quarantine medical Necessary repairs

' x to quarantine nos-

officer now in charge of quarantine hospital at Smith- £u t h ri^d. ithville
ville, North Carolina, be and he is hereby authorized to
have any necessary repairing done to said hospital build-
ing, the amount not to exceed the sum of two hundred
and fifty dollars, and for all expenditures made in such
repair the said officer is required to deposit with the audi-
tor a proper voucher, upon which the auditor shall issue
his warrant upon the treasurer, who shall pay the same.
That all bills of repairs be approved by the quarantine
commission.

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

, Ratified 5th day of March, A. D. 1879.



220



1879— Chapter 119.



CHAPTER 119.

AN ACT TO LAY OUT AND CONSTRUCT A PUBLIC ROAD FROM
UNION CHURCH, IN ALLEGHANY COUNTY, TO RRUSH
HILL, IN WILKES COUNTY.



Public road au-
thorized.



Route.



Survey of road in
Alleghany.



Width.



Objections to sur-
rey.



Duty of commis-
sioners if objec-
tions filed.



The General Assembly of North Carolina do enact :

Section 1. That there shall be a public road laid out
and constructed, commencing at or near Union church,
in Alleghany county, running its shortest practicable
route to the Air Bellows Gap in the Blue Ridge, thence
with the route heretofore surveyed by Alexander Hamp-
ton to Pleasant Hill store, in AVilkes county, thence its
most practicable route to intersect with the Wilkesboro
road near Brush Hill.

Sec. 2. The county commissioners of the county of Al-
leghany shall cause a survey to be made of that portion
of the road that will be situated in the county of Alle-
ghany by three commissioners to be appointed by them.
The said commissioners shall lay off said road sixteen
(10) feet wide, where there is no side cutting, and twelve
(12) feet wide where there is side cutting, and the grade
shall not be steeper than that portion of the road in
Wilkes county which has been surveyed by the said
Alexander Hampton. Said commissioners after comple-
ting said survey shall report the same to the county com-
missioners of Alleghany county, who, upon the recep-
tion of such report, shall adjudge that a road has been
laid out on said line unless objections in writing to such
survey shall be laid before the said board of commission-
ers within thirty days after the filing of the report.

Sec. 3. If any person shall file objections to the loca-
tion of the road as provided for in the second section of
this act the board of commissioners shall cause their clerk
to give notice of the same to the road commissioners, and
by advertising the same at the court-house door and three



1879— Chapter 119. 221

other public places in the vicinity where said road is to
be made, and that the cause will be heard at the next
meeting of the board of commissioners for said county,
at which meeting they shall hear such evidence as the
parties objecting to said location shall offer, as well as
any evidence that may be offered to sustain the location,
and if in their judgment the location should be changed change of ioca-
they may make such order in relation thereto as they
may deem just to carry out the provisions of this act re-
quiring the location of said road, and if in their opinion
the location is properly made they shall so adjudge and if location not

, ... ,. . -ini j_ changed objector

tax the party objecting to the location with all tne cost to pay costs,
that may have been increased in contesting the report
of the commissioners.

Sec. 4. That when the report of the commissioners has Roadtobe certi-

■i j-. -, t . -, iT-i-iii i_ i • i ne d to commission-

been confirmed and the road adjudged to have been laid ersof Wiikes.

off in the said county of Alleghany, the board of commis-
sioners of said county shall certify the same to the board
of commissioners of Wilkes county.

Sec. 5. It shall be the duty of the board of commission- survey of road in
ersof Wilkes county to cause that portion of the road in
Wilkes county to be surveyed in the same manner as is
provided for laying off that portion in Alleghany county
by the provisions of this act, and the same proceedings
shall be bad [had] and objections as provided for that objections to sur-
portion situated in Alleghany county ; and when it is ad- Aey '
judged by them that that portion of the road situated in
Wilkes county has been located according to the provis-
ions of this act, they shall certifv the same to the board Roadtobe certi-

. . . fled to commission-

of commissioners in Alleghany county. era of Aiieghany.

Sec. 6. That if any person through whose lands said Damages to iand-
road is located shall claim damages, it shall as [be] the duty
of the commissioners appointed to lay off said road in
their respective counties, to assess such damages as in
their judgment they may think the party has sustained ;
and in estimating the damages they shall take into con-
sideration the benefit derived by the party claiming dam-



222



1879— Chapter 119.



Overseers



Work on road.



Proviso.



ages by the building [of] said road, and such damages as
they may assess shall be included in their report to the
board of commissioners.

Sp:c. 7. That whenever said road has been laid off ac-
cording to the provisions of this act, it shall be the duty
of the board of commissioners of Wilkes and Alleghany
counties to appoint one or more overseers to superintend
the construction of said road within their respective
counties.

Sec. 8. That it shall be the duty of such overseers to
summons all persons liable to work on public roads,
who reside within two miles [in] a direct line of where
said road is located to work on the same in constructing
it; that the said overseers shall summon them in the
same manner, and the parties so summoned shall be lia-
ble to the same pains and penalties for refusing to work as
persons failing to work other public roads are by law lia-
ble: Provided, that the county commissioners of Alleghany
county may order such overseers to summons any other
hands within Alleghany county as they may deem
proper, who are liable to work on public roads, to aid in
the construction of said road in said Alleghany county,
and when so summoned shall be liable in the same man-
ner as provided for persons residing within two miles of
said road.

Sec. 9. That when said road is completed it shall be
declared a public road by the commissioners of their res-
pective counties, and shall be kept up as other public
roads.
Road not to >>e eon- Sec. 10. That the overseers in the counties of Allegha-
when cultivation 6 ny and Wilkes, as provided for in this pet, shall not sum
impeded. ' mous the hands placed under their control by the provis-

ions of this act to construct said road at such times as
will materially interfere with the planting, cultivating or
taking care of the crops of the farmers, and said hands shall
not be required to work more than thirty days in any
one year.



To be declared a
public road.



1879— Chapter 119—120. 223

Sec. 11. That there shall be laid out and constructed a Road from Kings

creek in Ashe to

road by the county commissioners of Alleghany and [£ A t ft! r h ^ eaver ' a
Ashe, from the mouth of King's creek, on the east side of
New river, to Norther Weaver's in Alleghany county,
under the same rules and regulations as provided for in
[the] construction of the road in the counties of Allegha-
ny and Wilkes by the previsions of this act.

Sec 12. This act shall be in force from and after its rati-
fication.

Ratified the 5th day of March, A. D. 1879.



CHAPTER 120.

AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OP
JOHNSTON COUNTY TO PAY THE ORDERS MADE ON THE
TREASURER OF JOHNSTON COUNTY BY THE TOWNSHIP
TRUSTEES IN FAVOR OF THE COMMON SCHOOL TEACHERS,
PRIOR TO THE YEAR[sJ ONE THOUSAND EIGHT HUNDRED
AND SEVENTY-SIX AND ONE THOUSAND EIGHT HUNDRED
AND SEVENTY-SEVEN.

Whereas, some of the township trustees in Johnston p,-, ambie.
county, prior to the adoption of the school law in one
thousand eight hundred and seventy-six and one thou-
sand eight hundred and seventy-seven, did employ teach-
ers to teach the common schools in their townships, and
did give orders on the treasurer of Johnston county for
the payment of the same, when there were no funds in
hand belonging to said school districts ;

And whereas, the state board of education, in their
construction of the said school law of one thousand eight
hundred and seventy-six and one thousand eight hundred
and seventy-seven, declared that no moneys arising there-
under could be used for the payment of said orders ;



224



1879— Chapter 120—121.



Whereas, the said orders remain unpaid and due:
therefore,



Orders to be pre-
sented for pay-
ment.



A .sufficient sum to
he deducted from
general school
fund to pay orders.



County treasurer
to pay.



The General Assembly of North Carolina do enact :

Section 1. The treasurer of Johnston county be and
he is hereby authorized and directed, before the appor-
tionment of the school funds for Johnston county for one
thousand eight hundred and seventy-nine, to notify the
parties holding school orders due before the school law of
one thousand eight hundred and seventy-six and one
thousand eight hundred and seventy-seven was enacted,
to present them for payment.

Sec. 2. That the board of education for Johnston county,
before making the apportionment of school funds for
said county, shall deduct from the general school fund a
s«fficient amount to pay off and discharge said orders,
with the interest thereon, and the treasurer of Johnston
county is hereby directed to pay out the same upon all
orders properly attested, and signed by the school com-
mitteemen of said townships, and take up said orders.

Sec. 3. That this act shall be in force from its ratifi-
cation.

Ratified the 5th day of March, A. D. 1879.



CHAPTER 121.

AN ACT TO ALLOW THE COUNTY OF IREDELL TO FUND HER
OUTSTANDING RAILROAD BONDS.



The General Assembly of North Carolina do enact :

Preamble. Section 1. That whereas the county of Iredell, in the

state of North Carolina, did, on the first day of January,
one thousand eight and seventy -one, issue the bonds of
the said county to the amount of sixty thousand dollars



1879— Chapter 121. 225

in bonds of one hundred dollars each for the purpose of
paying the subscription of the said county to the capital
stock of the Atlantic, Tennessee and Ohio Railroad Com-
pany, all said bonds bearing interest at the rate of eight
per cent, per annum, and due and payable on the first
day of January, Anno Domini one thousand eight hun-
dred and eighty-one ; and whereas, the said county of
Iredell is not likely to be able to pay off and discharge
the whole of said bonds by the said first day of January,
Anno Domini one thousand eight hundred and eighty-
one.

Sec. 2. Therefore it shall be the duty of the board of Bonds to be
commissioners of Iredell county aforesaid at any time af-
ter the said first day of January, Anno Domini one thou-
sand eight hundred and eighty-one, whenever the holder
of any of said bonds or his agent shall present the same
at the office of the register of deeds for Iredell county,
and request that the same be taken up and a new bond
issued therefor, to take up, cancel and destroy said bond
or bonds, and issue therefor and deliver to said holder or
his agent a new bond or bonds for the principal of said New bonds,
old bond or bonds. Said new bonds shall be in the sum of
one hundred dollars each, shall be due and payable on
the first day of January, Anno Domini one thousand
eight hundred and ninety-one, and shall bear interest at
the rate of eight per cent, per annum, [and] shall be in the
same form as the said old bonds. But the said county of
Iredell shall have the power and right at any time after
the first day of January, Anno Domini one thousand
eight hundred and eighty-six to call in and pay off and
discharge any or all of said new bonds so issued, and this
shall be expressed in the face of said new bonds.

Sec. 3. When the board of commissioners of Iredell interest on new

.in i • r itt c • -i i t bonds to cease af-

county shall notify any holder of any said new bond or ter notice to pre-

i sr» <• i • sent tne same for

bonds to present them at the office of the register of deeds payment,
for Iredell county for payment on a day certain, which day
shall be after the first day of January, Anno Domini one
15



226 1879— Chapter 121—122.

thousand eight hundred and eighty-six, and the holder
of said bond or bonds shall fail to so present the same
for payment at the time and place specified in said notice,
then all interest on said bond or bonds so notified to be
produced for payment shall cease until said bond or bonds
are produced for payment to the register of deeds of Ire-
dell county.
New honds to be Sec. 4. No bond shall be issued, or if issued shall be

issued as dupli-

cates of oid bonds, valid against the county, except such as are a duplicate
of an old bond in number and value of those taken up
Record to be kept, and cancelled, and the register of deeds shall keep a re-
cord of all old bonds taken up and cancelled and of the
new bonds issued in lieu thereof.

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

Ratified the 5th day of March, A. D. 1879.



CHAPTER 12 2.



AN ACT FOR THE RELIEF OF E. EVERETT, OF SWAIN COUNTY.

The General Assembly of North Carolina do enact :

Authorized to coi- Section 1. That E. Everett, former sheriff of Swin
taxes. [Swainj county, be and he is hereby authorized to collect

arrears of taxes due him in said county for the year one
thousand eight hundred and seventy -three, under such
rules and regulations as are or may be prescribed by law
for the collection of taxes,
who not compeiia- Sec. 2. That no person shall be compelled to pay any
tax under the provisions of this act who shall make oath
before any one authorized by law to administer oaths,
that he or she has paid the same or believes the same to
have been paid, nor shall any executor or administrator
be compelled to pay any arrears of taxes under this act.



ble to pay.



1879— Chapter 122—123. 227

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

Ratified the oth day of March, A. D. 1879.



CHAPTER 12 3.

\N ACT TO AMEND SECTION TWENTY OP CHAPTER NINETY-
EIGHT OF battle's REVISAL.

Ihe General Assembly of North Carolina do enact :
Section 1. That section twenty of chapter ninety-eight chap. 98, s^c. 20,

Battle's Revisal

of Battle's Revisal be amended, so that after the amended,
word " prescribed " in the sixth line of said section there
shall be added : " and the rules and regulations so pre-
scribed shall be made from time to time as circumstances
may require, by the quarantine medical officer and two
physicians of skill and experience, residing in the city of
Wilmington, who shall be designated by the president
of the state board of health, and they shall meet annu-
ally on the first Monday in May, or as soon thereafter as
practicable, and organize for the purposes before men-
tioned by the election of a president and secretary, and it
shall be the duty of the president to call meetings when-
ever any special emergency shall arise requiring new
quarantine rules and regulations, and of th« secretary to
keep a record of all such proceedings ; and they shall be
entitled to compensation for their services at the rate of
five dollars per day and their actual travelling expenses
to and from such meetings : Provided, said physicians shall
not receive per diem for more than six days in the year,
unless in case of prevailing epidemic."

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

Ratified the 5th day of March, A. D. 1879.



228 1879— Chapter 124,



CHAPTER 124.

AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS OF
MADISON, CLAY AND SURRY COUNTIES* TO PAY CERTAIN
CLAIMS FOR TEACHING SCHOOLS.

Preamble. Whereas, in several of the townships in the counties of

Madison, Clay and Surry common schools have been
taught in conformity with law ; and

Whereas, in consequence of a deficiency in the school
fund for the year in which said schools were taught,
there still remains due to the teachers of said schools a
portion of their compensation :

The Gen-eral Assembly of North Carolina do enact :
Authorized to pay Section 1. That the board of commissioners of Madison,
teachers for past Clay and Surry counties be and they are hereby author-

services.

ized to pay from the school fund of said counties for the
current fiscal year any sum or sums due to persons (or
their assigns or representatives) who may have taught
Proviso. the common schools in said counties : Provided, however,

that any sum paid under this act shall be deducted from
the portion of said school fund set apart to the township
in which said schools were taught.

Sec. 2. That this act shall be in force from its ratifica-
tion.

Ratified the 5th day of March, A. D. 1879.






1879— Chapter 125—126. 229



CHAPTER 125.

AX ACT TO AMEND CHAPTER NINETY-SIX, SECTIOX FIVE,
OF LAWS OF OXE THOUSAND EIGHT HUNDRED AND SEV-
ENTY-SIX AXD OXE THOUSAND EIGHT HUNDRED AND
SEVENTY-SEVEN, [ENTITLED] AN ACT TO INCORPORATE
THE TOWN OF DENVER, IN LINCOLN COUNTY.

The General Assembly of North Carolina do enact :
Section 1. That section five, chapter ninety-six of laws chap. 96(ii6), sec.

-i • i , i i i i • n 5 ' acts 1876-'TT,

of one thousand eight hundred and seventy-six and one amended,
thousand eight hundred and seventy seven, be amended
by striking out all after word " Denver " in line four,
to word "and" in line six, not including either word.

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

Ratified the 5th day of March, A. D. 1879.



CHAPTER 12 6.



.\ N ACT TO AMEND CHAPTER ONE HUNDRED AND FOUR OF
battle's REVISAL, RELATING TO ROADS, FERRIES AND
BRIDGES.

The General Assembly of North Carolina do enact :
Section 1. That section four of chapter one hundred chap. 104, sec. 4,

t e t-» 1.1 i " t-» • 1 1 -l -iipt Battle's Revisal,

and lour 01 Rattle s Revisal be stricken out and the fol- amended.

lowing inserted as section four of said chapter : "" That

when any persons are desirous of having a public road how public road

established, they shall file an application in writing with

the board of commissioners of the county within which

the said road is to be located, setting forth the proposed

termini of said road, and designate one person who they



230



1879— Chapter 126.



Sec. 9 amended.



Sec. 12 repealed.



Sec. 38 amended.



Sec. 41 repealed.

Act applicable
only to certain

counties.



may desire to act as a commissioner in locating said road ;
and if the board of commissioners shall order the road to
be laid, and they shall appoint one other commissioner,
and direct the sheriff of said county to summon a third,
all of whom shall be residents and tax-payers of the
county in which said road is to be located, who shall lay
off the proposed road to the greatest advantage to the
inhabitants, and with as little prejudice as may be to the
lands and enclosures ; which laying out, and such dam-
ages as private persons may sustain, shall be done and
ascertained by the commissioners on oath and report[ed] to
the board of commissioners of such county by them, and
all damages by them assessed shall be deemed a county
charge.

Sec. 2. That section nine of said chapter be amended
by striking out all after the word " road " in line eight
of said section.

Sec. 3. That section twelve of said chapter be stricken
out.

Sec. 4. That section thirty-eight of said chapter be
amended by striking out all after the word "shown" in
line eleven of said act [section] down to and including
the words " cart- way" in the thirteenth lineof said section,
and inserting in lieu thereof the following: " shall order
the laying off a cart- way as provided for laying off public
roads in the fourth section of this chapter."

Sec. 5. That section forty-one of said act be stricken out.

Sec. 6. That the provisions of this act shall only apply
to the counties of Alleghany, Ashe, Watauga and Ruth-
erford.

Sec. 7. That this act shall be in force from and after its
ratification.

Ratified the 5th day of March, A. D. 1879.



1879— Chapter 127. 231



CHAPTER 12 7.

AN ACT TO MAKE THE CARRYING OF CONCEALED WEAPONS
A MISDEMEANOR.

The General Assembly of North Carolina do enact :
Section 1. That it shall be unlawful for any person in unlawful to carry

. . . . concealed weap-

this state, except when upon his own premises, to carry ons.
concealed about his person any pistol, bowie-knife, dirk,
dagger, slung-shot, loaded cane, brass, iron or metallic
knuckles, or other deadly weapon of like kind.

Sec. 2. That any person offending against section one Misdemeanor.
of this act shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined or imprisoned in the
discretion of the court.

Sec. 3. The following persons shall be exempt from the who exempt from

r . . c 1 1 • , w -iiT provisions of this

provisions of section one of this act : officers and soldiers act.



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