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I.STABMNHED IX IA2S.Y
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(REENSBQRO; N:C.,. TUESDAY, APRIL 14, 1885.
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Mi:CKlV'BUd ROAD LAW.
I
I . i -
! ' - -
a Ptrmanmt
i.i.)emeiit of Our Public Highways
'l-ui'riii Heading and Couslderlng.
j I sx mby of Sort Caro
h timet
s N, yt lj All roatl and ferriVs
l .. J.! I. !..!! llill Itllt 1P SlIlIMtlllf.
oi any act of AsMfin
-it
hv ,l.'ol.ni'r to be public roaila kikI
AihI tbel iu8ties of tbe
; Jen '-"-
'f.-irh township shall havt
Inil if tl
nuhlii! !'' 8 iu l,lt"ir riiective
'l.ttiialiii they are hereby iucnrr
,'unmtiilji" lue iird of trustwa
iyf sVio'ir township shall Iks their cor-
poiail iMo- Tnfy have tbe
rj.'lit to ue ami Ihj nueiU pleail ami
i rKn'ple.iileil in any jof tbe coUrrs
4 1 th bhitis The board of town
A,,, 'ti tees" "I anil he board , of
.tin ifoiiiinisaiotiers, as berefter
it ioitli in tliiscbairtjer, sball have
tiill pl'r .and' authority within
s tjuir leNpective eouuties toappoiut
'I.umI tittle ferries, and to order tbe.
1 !,u inf.' out and repairing of public
' JaiH wjii'ie necessary, to appoint
f 4 1 1 i c liiIs or bridges ami fords
j !i iiiade, to jdiscoutinue sncb
i r,..MU a lid Terries as shall be found
iM-U'.iiid to alter roads so as to
in tki tii I'm' more useful. . : j
St-r 'i Tlie: bard of townsbip
riist'ees; shall meet in some, place
respective lownsuips to oe
if4i i
upon uy ineniseivea, or in
:jb ijnsiMice of such au agreement,
, Im niiiiieU by t
leil chairman, on
'.the
Orst .Monuay joi piay ami ssoy
lr, iuitt at such other times as
ijoijity of them may deem ad-
i a ft '
-.-"a h
vi4 It1l They shall keep a record
jfttlieir proceedings aud shall au.
3 hi iueir Jtayi meeung elect
. joue i ot , tbeir,' number chairman.
Tbe Uojinl of trustees shU be ex
ft'idpl t(o" the four f days'f labor ou
tlie h,l,,Mc; roads.. It shall be he
I fiikier-duy of the trustees to ex-
aiiiilVe jinlO the condition ,of the
j.pibjicroais and highways of their
preheetive townships at least twice
j ioVficli and evei-y year, ami make
: ji reKrt on thej condition of said
ruiuls and j; high vays and present
; s.iitl rtjMrt at the spring and fall
1 term.4 to the judge jof the uerior
ctjiii t, ivli(j .shall transmit said re
poll i ine solicitor wnu ucu in-
struct ions :as
. i
he may deem projajr.
:' ; Tli 4 1 each aud
every chairman of
conniits8ionrs, iwianlf
eouiity cd'.iiiuisioners, : justice of
tliej ieaee -ori boanl of j township.
trustees ori supervisor, w ho hall
iieglect or refuse to perforui the
Kl'Ver..l dijties enjoined by this act,
shall be guilty of a misdeiMeauor,
au! on coh vfetion thereof shall Im
blnil or iiiiprisoued, or Utb, in the
(Ijsrretiou of the court, and itis here
by juade theduty of the solicitors to
prisecutej said offences., j 1
i Sec. .VjThat the township trus
tees of the several townships of
this State, shall, on the first , Mon
day of May next, or within, four
weeks hereafter, divide their re
speetive townships into suitable
road districts, and annually there'
after, may make shelf alterations
tiurein as they may, deem proper,
anil cause a brief description there
;ofjjto-le niade outhe -township re
cojfds, and also; furnish each super-
t visor with a plot or his roaddis
ij trfct The trustees of each town-
fc slnp, at! theiri May meeting,1 and
aiiiiually thereafter, shall eler oue
su) lervisor for j each road district.
Alul each supervisor who refuses
't or neglects to qualify and serve,
; shall' forfeit ami pay the sum of
1 twenty, dollars and costs,- to be
collected by the township trustees
. iU an action jof debt. Money so
collected shall go into thej road
' fund of the township, and be cred
ited to i the proer ,nad district.
That when any vacancy shall occur
; 14 the office of supervisor by death,'
resignation or otherwise, the trus ,
tees of the; township wherein such!
:yacaucy oixsurs shall appoint some
suitable person to fill the vacancy.
vp j! Sec. 4. The road-bed shall be not
; -more than sixteen feet wide, unless
so ordered by the board of county
commissioners, ami in opening new
roads not more than fire jurors shall
be summoned or requireil. Aud, it
shall be the duty of each and every
supervisor to open or cause to be
: 6ieneil ajl public roads-and high
f ways which shalj have beeu or may
" hereafter be laid'out and establish
? ed iu bis road district, the same to
r J:
j Keep in repairs, ami remove or
cause to be! removtd all obstruc
tions that' may from time to time
ijbe found thereon; for which pui
pose the suKrvisor8 are hereby
authorized j to enter upon any tin-
' f . -1 cultivated lamls. or improved lands
'' . I i i..- : ..
juuiiicuiiiorreii n ciops. near wnir
I adjoiuiiig siich roads, to cut and
: jlcarry away j timber, except trees or
f v igroves on .uipnved land planted
for left for; ornament or shade ; to
f dig or cause to be dug and carried
;away any
vlwhich may
gravel, sand or stone
be necessary to make;
repair said road; and
improve jor
to enter out anv lamls adioiniuir or
lying uear the road to make such
I drains or ditches through the same
:j as he maydeem" jiecessary for the
i,beueut of the roads, doing as little
j injury to said lands and the iui
provemeiitH thereon aud timber, as
: the nature ot the case and the pub
5 lie gooil wI permit; and the drains
aud tlitches so in tde shall be cou
4;l ducted to the nearest watercourse,
; and shall be kept open! by such
I supervisors, and shall not be ob4
,strncteil by the owner or occupier
.. of such lands, or any other iersoii
or jK-rsoiis Iwiving the same in
charge iuiiler the penalty of tor
I feitingi a um not exceeding teu
s dollais for each and every, offeuce,
to be collected by the supervisor
S and' paid. over -by him to the town
Jship trustees aud applied to the
ii. Toad fund.' of the township.
1 Sec- 5.1 That all able-bodied male
I ersons, aiitl all male persons able
I to jerforui, or cause to be erform
I ed, the; labor hereiu required, be
! t ween the ages of eigkteeu aud
forty five! years, except persons
Iierinanently disabled in the luili
tary service of this State, shall be
liable annually todo .and jerform
four days, labor ou, XueJiigUwaysi
under the direction of th super
vi6r f the nfiid "villstrict in which
he shall resided Prvidetl further,
that it any intsou, being named as
-hereinafter provided, 'Shall pay tu
the KUerviAor in whose listnct4ie
may resiile thi: suhr of three dol
lars,! he same shall be received in lien
of the four day labor, and shall he
applied by the BupervUor receiving
the same to the 'mprovement qf tbe
roads of "bis ditriet, and accounted
for as hereinafter provided). i f, y ,
Sec. 6. That it shall bo tbo duty
of every sufervisor-to -order out
every such person, resident as
aforesaid, between the first day of
February and s the first day of De
cember, annually, to do and per
forin the work! aforesaid on public
roads within j the' district, and if
any such resident being personally
varued, by such supervisor, or by
leaving a written notice at "his
usual alwde, ahall refuse or neglect,'
having had at least two days no '
ticeto attend by himself or sub-'
8titutb to the ' acceptance ' of ' the
supervisor, or H having, atteuded
sb a I T ref u se: t o' obey , f li e d irec t ions
of the supervisor, or shall sjeud
the time iu idleness or any inatten
tion 5 to - the duties assigned him,
everyTui h delinquent uall forfeit
aud pay tue sum of one dollar for
every such, offense, ami shall furth
er be liable In all cases of non at
tendance to the amount of four
days' work, to be .recovered by ac
tiou before any justice of the ieace
of the proper-tow uship at .the suit
of the supervisor jritbiu whose dis
trict he may reside ; aud shall also
lie guilty of , a misdemeanor and
fined not exceeding five dollars or
imprisoned not exceeding five days;
and tbe money so collected shall be
applied by said supervisor to the
improvement of the roads iu his
district," and Accounted for by him
at the annual settlement with the
township trustees t Provided, that
no erson shall be released from
the performance of lalor on the
public highways by. reason of the
neglect of auy supervisor to order
but such ersun ;ou or before the
first day ot December, as herein
after pnvided. : -
Sec 7. That i urease any person
shall remove fro in oue district to
another,) wiq has prior to such re
inoval 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 afore
said iu lieu uf such labor, aud shall
produce a certificate: of. the same
from the supervisor of the piojer
district, such cert ifieate shall U- a
complete discbarge for the amount
therein specified. I
Sec 8. That any. person J callvd
upon to ; perform any labor upon
the public roads and highways un
der any provisions ot this act, shall
by himself or substitute appear at
the place appointed by tbe super
visor at the hour of seven oclot:k
iu the forenwm with sncli neues
sary tixds and implements as the
8Uwrvisor.oiay direct. 1
Sec. 9. That for the purpose pro
vided for in the preceeding sections
of this act, the residence of auj
pe sou who. has a fauiily shall lie
held to be where Jds family resiiles,
and the residence of any other per
son shall be held to be where he
lwards, in aivy road district in this
SUtejO-: ..til . -Hs?i k
Sec. 10. That the several super
visors, within their respective dis
tricts, shall collect b suit or other
wise all fines, forfeitures and pen
allies arising and accruing uuder
the! provisions of this act, unless
the1 collection thereof is otherwise
herein provided .for; and they'are
hereby authorized I aud required,'
before their settlement - with tbe
township trustees,' to prosecute to
final judgment all persons neglect
ing or refusing to comply with the
provisions of this act from whom
such flues, forfeiture or. ieualty, in
the opiuion of the supervisor, can
be collected by execution i and the
said judgments if not paid together
with the cost hereon shall remain
and be in force 'against thv jndg
ment debtor as otht r judgments at
law; - --; -h-.'- - - .'
. Sec ll ' That the several super
visors shall expend all money, by
Ihem collected for the' -benefit of
the mad and highways in their re.
ective districts; and every sup
ervisor is hereby! required to ac
count to the township trustees at"
the annual settlement for all
moneys expended under this act;
and they shall also return a full
and true list and Statement of fbe
names of til (persons within their
respective- districts who have been
ordered out to eiform the four
days labor as required by this act,
aiid of 1 hose wlu 1 have refused or
neglecteil to' perform the same;
and all fines and forfeitures sued
for aud recovered under the pro"
visions of this act shall be paid
over on demand jby the justice of
the Hace or. cor stafile ' collecting
the same to the supervisor of such
road district wherein such fines or
forfeitures' accrued; aud the several
supervisors shall also render-an
account to the township trustees,
at the annual settlement of all
moneys that remain in their. band
at the time of the settlement ; also
all judgments that remain uiyaid,
and the name' jof the judgment
debtor and the justiee of the peace
before whom such judgments were
obtained with the amount thereof;
'and the township trustees shall
make sucli order as to the prosecu.
lion of the suits by the supervisor
o the proper district against such
delinquents, as in the judgment of
the trustees .the interest of the
towuship may require.
Sec. 115. That all the moneys that
may remain in the hands of the
supervisor at thw time ot the aunual
settlement with the trustees, shall
be paid over to his successor in
office as soon I as such successor
shall be elected and qualified,' tak
iug a receipt therefor, and deposit
said receipt with the" township trus
tees. It shall be f lawful tor auy
sujMTvis4ir to sue out executions on
aiiy judgment that remains unpaid
within his: nmwr distriotat any
time when in his opinioii tbeWme
can Ih collected: and Une money
so recei.el imd collected shall be
expended'as provided iu the' fore
going sertiou; 'u': '
J Sec 13. That the' supervisors of
rbads and b'ghways within the
State be and are hereby nuthorix
el to construct foot- bridges over
streams' of water r ob said' high?
ways ' ' ; ' j"-"1- ;'i'"-f -'!'r
Sec. 14. -That each supervisor
within his district shall erect and
keep up, at the exiHnse of the
township, at the forks of cross
roads of every State and roouty
road, a jnist and guide boanl or
finger boanl, containing an inscrip
tiou in legible letters, directing the
way and distance to tbe town or
towns, or public place" or-places,
sitna'ed on each roail. respectively.'
' Sec. 15. That if any Demon shall
wilfully demolish,' thro down,'
alter or deface any guide boanl
e-ery person so offending shall,
u'mjii conviction thereof before any
justice of the peace' of the proper
count, be fined 'in any sum not
exceeding ten dollars and cost of
suit, and the money when collect
itlhall be, by : the justice of the
peace collecting the same, paid
over' to the ! suiervisor in whose
district the offence was committed,
aud I m by him; applied to tbe re
pair of the roads and highways
within his district.' :i j '
Sec-16. That the township trus
tees of the several townships with
in this State be and they are here
by authorized to furnish' plows,
scraers or other tools for the use
of the several districts within their
township to be paid for out of auy
moneys in the township treasury
not otherwise appmpnated. The
township trustVes shall take a re
ceipt from each suervisor for such
implements as they may deliver to
him, showing the number,! kiud
aud condition thereof, and; such
supervisor shall 'je liable for any
injury or damnge that may result
to such implements, or to any of
them, by. improper use thereof, or
by unnecessary exposure to the
weather during the. time the1 same
may be in bis possession ; xud "he
shal', on the first Monday of May
annually, re urn the same, to Said
trustees. The amouut ' for ' which
sucfT supervisor may Ik- liable for
such improper use oi neglect may
be recovered by action iu the name
ol the township trustees. ! j
Sec;. 17. That the commissioners
mid' hoard of justices of thej eace
of the respective counties So this
State are hereby authorized to levy;
at tbe June session of their board
annually for road, purposes not
less thau seven teuths of a mill,
nor more; than two mills on the
dollar, and j the. chairman of. the
county commissioners shall place?
the same on the tax list of the curt
rent year, to be included iu anil
collecteil iu the annual taxes; that
if the trustees of any township
shall deem an additional road tax
necessary, they shall determine the,'
per centum to be levied upon the
taxable pnperty of their respec
tive townships, aud sball j certify
tbe same, iu writing to the boards
of county commissioners and jos
tices of the eace at Juue session,
who may levy. a special tax, not
exceeding one mill ou the dollar.
and the commissioners aud justices
may levy and assess the same on
the taxable property ofj the town
ship, aud the-sanie shall be collect
ed as other taxes, aud paid out as
herein pmvided. . ;
Sec. 18. That ; the chairman , of
county commissioners, immeiliately
after the commissioners at their
annual' session for that. inrpose
have determineil the amounts to
be assessed for roat i purposes in
their respective counties, shall give
notice iu some uewspafter in gen
eral circulation iu the county of tbe
er ceutum on each hundred dol
lars of the valuation so'determined
to le asfMissetl in such county and
township and t iat the said , tax'
may be discharged by labor on the
roads tinder the direction, of the
suiiervisors of the several districts,
aud shall make out a list of the
names of each tax-payer, of tbe
amount of the road tax with which
each stands charged, aud transmit
tbe samerto the supervisor of the
proper district. ; i lt - , i
Sec 19. Any iwrsou charged with
a road tax may discharge the same
byjaltor ou the public highways
within the district where the same
is charged within the time designa
ted in this; act, at the rate of one
dollar ht day aud a ratable allow,
a nee per lay for auy team, imple
n.cirs and material furnished jby
auy per sou uuder the direction ot
the supervisor of such district, who
shall give to such person a certifi
cate. sjH-ci lying the amouut of tax
so paid, and the district aud town
ship wherein such labor . was per
formed, which certificate shall in
n incase le, gi veu for any greater
sum" lhan ' was charged ( against
such person, and tbe county sheriff
shall receive all such certificates
as money iu the discharge of said
mail tax. The township trustees
in determining the division of this
fund sball be governed uot by the
miles of nad in each district; but
by necessities of the roads, the con .
veoience of getting material,! the
quantity of material necessary to
make substantial repairs, etc.; and
thus make , a just aud equitable
division of said fund between the
several districts. - j .
Sec. 1 20. That each aud every
supervisor who shall neglect or re
fuse to iierform the several duties
enjoined ou him by this act, or who
shall uuder any pretence whatever,
give or sign auy. receipt or certifi
cate puriortiug to be a receipt or
certificate for labor in work per
formed or money pain, unless the
labor shall have beeu performed or
mouey paid prior to giving or sign
iug of such receipt or certificate,
shall forfeit fort? very nuch offenco
not less tUan ten dollars, nor more
tbao fifty dollars, o,. be recovered
by an .action before. any, jtistce of
mo in'nce oi iiie. proper couiuy ;
a Vid 1 1! fs hereby f inalle t be Hi u ty 'of
the township trustees to: prosecute
all offences against. the pmvisions
or this section Provided, That, i
auy suiervisor conceives - himsel
aggrfeveil bythe'jiidgmeht of such
justicei fflhc peace, j he ; may on
giving sufficient sec rity to said
justice of the peace for .the pay
ment ' of the? cost, appeal 'to I he
superior i! court, ' who - shall make
such order thereto as to them may
MpjHHr JUSb HUll, ICllBUUUIIIO. V'i Ii
Sc 21. That! it shall be unlaw
ful for any suier visor, to iierform.
or cause laoor 10 oe feriormeii, ou
any road not regularly laid out and
established by law. f it
" Sec. 22.-That each and every su
pervisor. who. shall cut; and take
auy timber, stone or gravel for, the
pu rpbse of mating, im proving or
repairing uuy road or building, or
reairing any bridge or crossway
withili hu district abaU, on the do-;
maud of .the .o uer, ot . the lands,
their agen( or agents, or the guar
man oi any waru, or tue executor
or administrator 'having lauds in
charge, from i which timber, stone
or gravel were taiteu as aforesaid,
shall give a certificate; showing the
quantity of such timber, stone or
gravel, wun me value tuereot re
spectively, aud the time and par
pose-; for a which v the :!. same, were
Sec. 23. That any erson or per,
sons who shall receive atertiflcate
as provided for; : in - the foreguiug
sec tiou, shall present: the same to
tbe county commissioners of the
ptojHjr' couutyf at any t regular ses
sioii of said commissioners within
six month after tbe taking aud
carrying a way of such tim ber, stoue
or gravel, and the commissioners,
bei ng satisfied v that' the amouut as
h foresaid is just and ' equitable
shall cause - the same: to be paid
out of tbe county treasury : but if
uot so satisfied, they shall deter
mine what' suui in their opinion
would be just. !, ji ; "
Sea. 24.' That each supervisor
shall receive for this services oue
dollar. aiid fifty centsr per day for
time actually, employed on the
mads, deducting the commutation
for his four days' labor. Supervi
sors having charge of not more
than twenty five bauds shall not
receive more f than ten dollars iu
any one' year,'-ami no' supervisor
having a greater number shall re
ceive more, than twenty dollars in
any one year,' and be paid iht-of
the county treasury, i- t. -, .
' Sec 25. That -at any, time during
the year when auy public highway
shall be obstracteil.-it'shall lie the
duty of . the - supervisor : of the dis
trict in which the ; same may be,
forthwith to cause sueh obstraction
to be removed,' for which purpose
he shall immediately order out such
uumber of persons liable to do work
or pay tax ujmjh ' the public high
ways of his district as he may deem
liesessary to remove' said obstruc
tious. If the person or persons
thus called out shall hate perform
ed their four days, labor njwn the
public highways,' or paid their road
tax, the upervisor shall give to
such person or ersous a certificate
for the amount of labor lerforined,
and said certificate shall apply ou
tbe labor or tax that may be due
from such) fiersou . or. persons the
ensuing yean Jjj,' f,
Sec 26. That' if any . person! or
ersou8, corporations, or .any. con
ductor of any train of railroad cars,
or any 'Other agent or servant of
any railroad company, aball ob
struct uunecessarilv t auy. public
mad or highway authorized by a ay
law of this State by ermitting any
railniad cir, or. cars. or. locomotive
to remain upon or across any pub
Ih road or highway ; tor a longer
period than five, minutes, or shall
jiermit any ,timlHr,jwoHl or ofher
obstructions toj remain j upon or
across any such mad or highway
to the hindrance ' ot i neon venience
of travellers", or any person of jier"
sous ' passing alopg or upon such
mail or highwiy," ' every jierson for
corfioratioii so offending shall1 for
feit and pay for every such ofiVtice
any sum not exceeding twenty uor
less than five dollars, aud shall be
liable for all ; damages arising to
any persou from iifh obstruction
or fnjury'tii sueb fpad or highway;
to be recovered by an action at the
suit of the: trustees of the township
in which such toffence shall liave
bee'n: mmitted, jor any 'person
suing for the same; before any jus
tice of j the (leace) within the county
where such offence shall have been
committed, or by indictment in f he
superior court in the proper county.'.
And all hues so accruing Under the
provisions' of this section, when
collected, shall lie paid oyer to the
supervisor Of ' the li strict in which
such offence' wasfj committed, and
by the stifiervisor lippHeil r to' the
impmvemeut of the roads and high
ways i therein,--and every twenty
four hours' such corporation, per
son or (lersoiis as aforesaid; alter
leingiuotifieil, shall suffer such ob
strrctions to thet himlrance of in
convenience of travellers, or any
lierson on persons 'going , along-or
uikr such. road or highway, shall
be deemed .an : additional .offence
against the provisions of this act.
: Sec 27 .;: That every railroad com
pany or; other coriKirsitioit, tln8er'
van tor servants, agent . r agents,
employee or employees of i hicb
shall in' any manner obstruct any
public road ! or high waj'. shall le
liable to pay' all ! fines 'which' may
be assessed against such servant or
servants, agent or agents, employee
or. employees, for so obstructing
fcuy such public) mad, or highway
and Buch liability as may, be en.
forced by executioui issued against
such railroad . company ;or other
corporation on the judgment ren
dereil against such servants, agent
or agents, employee or employees,
for so obstructing such public road
or highway
11 ,.
4 i
t. Sec 2S. .It Rhall , be unlawful foi
any ' railroad' comnanC to obstruct
the' drainage of aiiy public 'mad or
highway- by Its road ' betl or other
wise, or empty jthdi water from iu
ditches . into . any . public ,rbad . or
highway ': and if an v railroad com
pan.Vj ceiiiff Varried by the super
viaor tr tno pnqier district Oy lear
iug a written notice with any agent
or iu forming . any .station agent of
ine sain rauroati company person
ally, ' shall ' refuse 1 or 'neglect iMtO
remedy tbe ame to the acceptance
or the supervisor, 'shall forfeit ami
pay anyfc sum not , exceeding . fifty.
nor less than twenty dollars, to be
recovered by an action at 'the suit
of the township trustees before anv
justice of : the iieace of the proper
county, ana every. ten days such
railroad company, after being noti
fied; 'shall 'neglect or refuse 'to
remedy such offence shall be deem
ed an additional offence against the
provisions or ,t this act ; and the
money so collected shall be paid to
tne sujiervtsor or the 'district ' in
which the provisions of this section
- a
were vioiaieo, anu tne money so
paiiL over, shall, lie, used by said
sujiervisor for the improvement of
the mads In bis' district and ac
counted for iu bis aunual' settle
meut.n' i 4x .? :.-,'-;
' see. rj.-whenever any persons
shall rnevt each other on any bridge
or road travelliug with carriages,
wagons,' or other - vehicles, - each
persou shall .reasonably drive his
carriage ori vehicle, to the right of
the middle of the travelled part of
sueu nriage or roaa, so that the re-
m i J 11 . . . a
sfiective carriages or other vehicles
a foresaidi may pass each other
without interferenee; every iht-
sou wilfully offending; against the
provisions of -this section shall for
each offence : forfeit a sum uot. ex
ceediug five dollars, to be recover
ed ou wmplaint before any justice
of tbe peace in the county where
the offence shall have . been com
mitted ; and be shall 'further be
liable to any. party for all damages
sustained by reason . of such of.
fence: Provided, That every such
complaint shall In made within oue
month after the offence sball have
beeu committed, aud 4 that every
such action for damages shall be
commenced ..within . two s mouths
after the cause of action shall 1'ave
accrued ; , j -'. . : i ..-s
Seel 30. It shall be i the further
duty of each supervisor to cause
each railroad company to coustruct
and keep in. good repair the road
bed of all publiu roads across the
road lied of said railroad compauy;
and if any railroad company, being
duly: warned by the suiervisor of
the proper il 1st net by leaving a
written .notice ; with any station
agent, or by mforiniug any station
agent of said railroad company er
soually, shall neglect or refuse to
etinstruet or repair said road i tied
to the acceptance of tbe supervisor,
shall forfeit any sum uot exceeding
fifty nor less than thirty dollars, to
be recovered by au action at the
suit of the township trustees before
anj" justice of the peace in the
proiH-x county, and tbe money so
collected shall be paid to the super
visor of the district iu which the
provisions of this section were vio
lated, and the money so paid over
shall be used by said soervisor
for the improvement of the roads
in his district, aud accounted .for
in his annual settlement; and
every, five days such railroad com-
pany after being duly notified,
shall neglect or refuse to coustruct
or repair said road' boil, shall be
deemed) ' an additional I offence
against the provisions of this act.
Sec 31. That it shall lie lawful
for the supervisors of road districts
bordering on the State line be
tween North. Carolina aud any ad
joining State where a public high
way has been located , upon such
State line in accordance with and
under the provisions of the laws of
the State . of North Carolina, to
apply, the labor, of said district
uiou said roads in the same man
uer as On Other roads located with
in the boundaries of this State; and
iu case any; public road is or shall
ie establisheil as a part of the Itun
or boundary of any township or in
corpnraled village or city, the trus
tees in such incorporated village or
city, as tbe case my be, shall meet
at some convenient .place as soon
after the ; first Monday iu May ascon
venient, aud apportion such road
between the townships or township
and village or city as justice and
equity may require, and) the trus
tees ui the respective townsui or
village or city council shah cause
said road or mads to be opeued and
m proved accordingly, i
Sec 32. The Secretary of State
shall -furnish .the chairman of
county commiss.Qiiers with a suta
cient nnmber ot printed copies of
this act for tbe Use of the supervi
sors and township trustees . of the
iroiwr counties, and the coin mis-
sioners shall furnish the necessary
books and blanks for the use of the
township trustees -and-supervisors
fif their . resnective counties. The
township trustees shall uot lay off
any portion , of any incorporated
city, towu or' Village" iu I auy road
district.' The tax levied by county
commissioners aud justices of: the
peace uuder. this act shall be levied
In accordance with the constitution
of the State? aud shad apply to all
cities and towns.' . -: '
: Sec 33. This act shall oi ly apply
ti' the county of Mecklenburg.
- . Sec 34. All laws or parts of laws
n contlict witli tbL act are hereby
repealed.1 This act shall; lie in
force from and after ratification.
In .thet General Assembly read
three times, and , ratified . this the
25tb day of February, A. D. 1885.
w ! i i .
. j ' r ;i "iu gappleaaental Act. "-
Section 1. That the provisions of
an act entitled Au act relating to
mads and, highways for Meckleu
burg county," passed at the Gen
enil Assembly, shall apply to the
following couuties, namely: Bun !
combe, Chatham.! Hertford,? Ala
mauce. Wilson, Gtiilfortl,t Uowan,
(Jutrel Surry, t Vake, r , x attkin,
ijincoin,.ji'oiK, i'eraon... Madison
Edgewimbe, ! Catawba, Frauk in,
Davie; Henderson,' Vanee, Ciimber-
laud; Harjietti .Martin .and .Wush
tugton : 'Provided r howeverrif the
said act shall be first' adopted by
siunertf and insticesof the' peace;
or a .majority or vinetn, in joint
meetiLg i in - said counties Tespee
lively. - f1-;; :' ' ..1 "',..
Bee 2 That it ! shall' be the! dutV!
of the couaty commissioners "of
saia counties resiiectivelv to snb-i
mit the question of adoptioji or. re i
rjct-.uuii oi saiu act 10 cue justices 01
tne peace ana comity commissioners
at their annual ioint meeting in
June nextaud if a' majority of thev
whole uMiy of justices of , the peace,
and county commissioners of any
one of said con uties,' shall at said
meeting - adopt said act ! for said
county then aud it that event, the
said net shall , Uke. effect from and
after the date of said meeting, i
Set. 3. That it shall be the duty
or me county commissioners of
said counties to notify the iustices
of the peace of the county prior to
the said -June meeting, by, adveri
tisementiu one or more newspapers!
or by posted notices in. the couuty
or otherwise, as the said cdminis
sioners may determine, tnat the
said question will oe submitted to
them for tbeir action at the said
annual meeting. "
i.
Sec. 4. That the Secretary.! ,o
State shall furnish the county com:
missiouers of each of the cou u ties
designated in sectioi one of this
act with one hundred copies of the
said Mecklenburg road law tor dis
tributiou among the justices of the
peace of the county before said
meeting in June. ? ' ' ,a )
Sec fl. That all taxes levied
nnder said act and this tupplemeu-
tary act, shall be .levied iu accord
auce with the provisipus. of the
constitution of this State,' and this
requirement shall apply to all court
ties where said I act 1 shall be in
force. .;,i - -ii. k ;.,).. .,.
Sec 6 That the provisions
of
said act entitled "Au act relating
to mads and highways for Meek'
en burg county' shall bo; applied
to Durham, .Orange ami Grauville
counties, without submitting it to
the vote or adontiou of the boanl
of county commissioners' aud jus1
ices of the eace of said counties :
I rovidiM, no i person or proiierty.
real or personal, shall be taxed to
keep up , said" road, except" that
which is embraced in said road dis
trictui Hertford con ntv: but this
roviso shah apply -to ..Hertford
unity only. - i : , . .
Sec. 7. That this act sball be In
'orce from ami atterits ratification.
Iu the General! Assembly read
three times, and 'ratified this the
7th day ot March, A. D. 1885.
State of Nourn Carolina,
Office becretarv of Statet
Raleigh, March 12th, 18S5,
I, W,; L. Sauuders Secretary !'of
State, hereby certify that the fore
going are true copies of the origi
nal acts ou file iu this office. . j
W. L. Saunders,
; Secretary of State '
I-
Jeflli.DavIa at his Home Upon the Galf.
Joaquin . Miller thus writes j to
the Independent: '''.'Perhaps the
most notable residence along this
warm, sandy sea bank is that j of
Jefferson . Davis. i ' They call . . him
President Davis here Thev sjieak
of him with great respect. Jeffer
sou Davis is hot deifietl at all,! as
some writers foolishly say., ; But, I
reeat, he i greatly "-respected.
And when you bear in mind that
there is not; one of these ten mil
lion people who did not put some
sort of sacrifice on the altar of
Southern opinion, you wilt not be
surprised. This man stands as a
token to them. . Personally I
think, they isee little of him aiid
know little of him. these gray; old
mothers whose sons went down in
battle, these beautiful girls of the
South whose fathers never came
back any more'; but they have their
memories and their, . traditions.
They call him President Davis,aud
will continue to' do so while jie
lives. A great. many-Northern
jieople visit Mr, Davis, ami not all
with the uoblest motives.' , I am,
told he has many more, visitors
from' the North than froni the
South 1- - j . ;-- ';.-' '.rH'i ' '!
'. Beauvoir is uot a part of this
loug and J rooiny place, .strictly
speaking, nor is ita wateriug place,
but an old plantation bequeathed!
to t he great Mississippian uot uiauy
years since. It isa beautiful! spot
among the pines ami vines, but is!
sadly dilapidated. . Davis is a poor
man. I am told, and cannot afford;
to keep 1 he place up. It'isfseta
little. back from tbe sea, and not
too close to tbe railroad.,;, ii i !!
i :'Of course the desire to see this
uia'n, uo w' in the last days of ' his
historical and 'tempestuous 1' is
irresistible - when almost - within
call. . . And, iu spite all,. my tortner
resolutions, -1 yielded. FOr, it
must be admitted' that, whether
good or'! bild,1 1 whether " entirely
fight, this man has been, in, and
must forever! remain a! colossal
figure in American history, ! and -to
have seen and. conversed with him
is sweet to remember as the years
go on- -,v : ?V,' : ii. I , ill
'Mr.' Davis is, at this writing, in
oor : health." f l should nayy froh
what I have seen, and then from
the course of nature, , too, with his
three-score ami ten - years jbehiud
him, that he will not long.be a sub '
ject of either love or bate; for, in
spite of this kindest of climates, he
has found the winter terrible. ! He
cannot survive another such'.
rRuth'erfortl B. Hayes his writ
ten a poem called Tbe Lay of a
Statesman, accord iug to acorres
poudenti This would seem to In
dicate that the ex President is en-
tenng into comiietition with
his
hens. -: !-- J : i
4tj:cftv!htfti Cist itirCSceaVi' uixd
-li: One! hundred 1 ami 'seventy four
noiaiuatious to ,' office baVe jbeeq
niade by pi; :r"" C!ve!Tid since
ids uina0gi.ralioti) Of:' Lr.L ".rl
and fifty .i:n,:o of lieu thu ...itr
coufiriiied, tr. it nctcd and t air;
iceu. iviei i uu4crsi njc:i. a tic. r.:i
tionalappgint;iieiU,axa diitri!
tnl as follows : " " ' "Vf "" Ai
jsew ;ng'andi$evr li amps hire;
Maine, ' Vermont, Massachusetts.
Connecticut aud . Rhode Islanih
William C; Endicott, (Massachu .
setts;,. secretary of war ; Edward
J. Phelps,-(Vermont). Minister Uil
England ; Isaao . Bell, r.r (Rhode
isiauu), , aiiuister to . the ;ri ether
lands ; , Thomas M. Waller, i fCon .
uecticut), Consul General at Lon
don; and Charles T." Russelr, (Con
neeticut). Consul at
&t Liverpool; :
! ,New yorfc Daniel Maouing, Sec
retary of,the Treasury ; .William C.
vnituey, isecretary ot tne in a v; ;
Samuel S. Cox,; Minister to Turkey;
Charles ? ? 8. Mairchiid, V 4ssi8taut
oecreury of ;th0: Treasury t Alex
:l.l If n ct m
Under McCue, Solicitor of the Treaa
ury, and William R. Roberts. Mtu-
inter' to Vlim-lO.' V V -
Middle "8'a M--fDelaware New
Jersey .ami ;Penusivauia.Thos
F., Bayard, (Delaware),. Secretary-
of State; Ed wanl P C'Lewis,
(New Jersey), Minister to PorttK
galr Mahtolm tlay,'( Pennsylvania),
First Assistant Postmaster Geo
eral j At Hi Gross; (Pehiisylvania),
Consul at Athens, aud "John S. Mc
Cutmontf (Pennsylvania),' Com mis :
sioner Of CusforasS. J e f :'
The Sout Maryland; Tirgiuia,
West Virgiuia, North1 Carolina,
wum ynroiiuu, vreorgia, c lonua,
Alabama, f M f ssissippi; ' Louisiana;
Arkansas,! 'Kentucky, Tennessee,
aud Texas) Lucius QJ Q. Lamar.
(Mississippi) becretary-of the' Iu ;
teriorf Augustus Hf Garland,1 (Ar:
kansas); Attorney General Henry
LrMuldrdw,uMisslSsippi), Assis-
cant Secretary of the? Interior f- J.
u. v. AiKinsr (reunessee;, '"Join
missioner of Indian Affairs r Chas.
W. Bock,1 (Kentucky), Minister, to
Peru : Kichard Ji.'tlubbard, Tex,
I as), Mitifster!fo Japaii ;! Heury Ri
Jackson ami Alexander Jt. Law ton,
(Georgia ), Ministers to Mexico and
Russia ; Tb.iuss J.T Jarvis, (North
;Carbliiia) Minister to Biazil An
thonyjl. Keiley, ' ( VirgiuiaMnlis
terto Italy; A Le Kiiotf; (MUry
la ml ), Second A ssist ant Postma s
ter General ; Jos. 8. Miller, ( A'est
: niujn i, uiiiuuii-oiuuri i 1.1111-
nal Revenue; Robert M. McLane,
yiarylaild); Minister to;:Fnince ;
irelericlKaiiie, ( Maryland); Con
kuI General vat' Berlin; Joseph "E.
Johnston' (Virginia), Commissioner
. .. . t T . f ....... . l I
of Kauroads; James- Li. 'i'orter,
(Ten nesste),' Assists ut Secretary'of
Slate ; E.! Pi 'Uowelf, (Gwirgia),
Consul fat Manchester ; William
W. Lang. (Texas), Cousul at1 Ham
burg; and Milton J. Durham, (Ken
tuck.v); Cotiiptroller 'Of the Treas
ii ry 19. - ;j t ! . '
The ' West Ohio, Indiana;
nois,- Michigan, Wisconsin Miniie
(iota, Iowa, Nebraska, Kansas, Mis
souri, Nevada, Qregon, California
and Colorado William E.f Vilas,
( Wisconsin V Postmaster General ;
George U; Pendleton, Ohio. Min.,
ister to Germany; Rasmus B.' An
drrsoii, J Wiscousiu, Consul . Gen
eral at Copenhagen; John C. Black,
(Illinois), Commissioner, of. Pen .
sious; William A. J. Sparks, IlIIi
tioisl, Coimnis8iouer of the Laud
Office ; Norman J,! Colman, (Mis
sourij, Uom missioner of , Agricul
ture; : Edmund Jusseii, Illinois',
Consul General at Vienna ;'Martiu
V. Montgomery, Michigan Daniel
McCoiiville, Ohio, Sixth Auditor
of the Treasury j George )V. Merrill,
Nevada,' Minister to the Hawaiian
islands, aiid Rufus "McGee, Iii
dianaT, f Minister to Norway - and
SweeXien II
New England, :
New York,.
Middle! States,.
The South,. L:.
Tbe West,., i : :
5
- . . V- In.
v o
...... IU
The nominations left u neon firm
ed by the Senate is as follows r.,j.
Collectors Internal Kevenue
John O. Henderson, 11th district,
Itidiaua, and Johu F. Degraw, West
Virginia. ' . J .. . .
Consuls William W. Lang, of
Texas, at Hamburg ; Charles T.
Russell, of Connecticut, at. Livtr
pool ; A. H. Gross, ot Penusy 1 va
uia, at Atheus; E.. P. Howell, of
Georgia,' at Manchester.
The nomiiiations of Marion G.
Mpore to oe iMistmaster at Pleassn
ton, Kan., aud of Lieut. James F.
Simosou to be , a captain in the
Third cavalry were rejected by the
Senate. ; ' .' " .
n,- !
Advance of. Our Home Mauafactoriet
(Ch&rlotU Obeerrar.l 1
CaptJ Johri Wilkes, of the Meck
lenburg Irour Works, has? been do-
iug a heavy business lately in mill
ing machinery, and duriug the past
three! weeks"' uas shipped stamp
I i - . a 'V TT! ? - .
mills to parties in auaua, Virginia
and Georgia, iue macniuery. ror
i . m . a aw
graiu wills is .altogether different
now from what it used to be, aud
Capt. Wilkes is not only fittiug up
new mills throughout the country
with! the improved maebj. eiy, but
is constantly receiving orders from
old mills for new equipments. ,., So
extensive has this business become
that; ' Capt. Wilkes'; has found it
uecessaty to put- on an extra rorce
of skilled workmen to keep up with
his Orders, aud has employed a
jmilllwright whose sole! duty it is
to go about the country putting up
the machinery. Jlr. Theodore Troy,
the mill wright who was fnentioued
by us a few days "ago, wsis brought
here -from Minneapolis,! by Capt.
Wilkes, especially for this line of
business. , CapU VVilkcs keeps him
on the go all the time aud pays him
a salary aiiproxlmating? 150 per
month. This is a good s indication
of tbe growth of our home maun
facturiug iuterests, aud shows that
Charlotte is in tbe lead of competi
tors with the Northern, mauufac-
tnriug establishments.
SyWWt'MSa"Wat aaaaaaaa.
The Me.
S 1 1 1" -
Vilt is a proud day. '
of NortltCan,?,;;0
tLa Li.At;., :L-?j:ressica
hits beaa" a nr.; c r; c!-"SS2fc.
o4ss.-,iow .we can f.-' v re never,
saw before, how grtt-i.iV.uar cause
depends upon'the 'Iin&ui)on line
f presentation of the' suMect. '.Coin-'
uiittees had been appoiuted to wait-
on the legislature at nearly, every
meeting of) the : Medical. 'Societr
since its formatiou,' but 'with' the'
exception or the ' success ' achieved'
in'1858 !59. when the first Jicense.
I law passedf uothiug . worthy of trra, '
name had been douoTor us by the
State.! It is true thaf a skeleton'
law framing T- State - Board if
Health was grudgingly enacted in
187oV "thrown to the Medical Socie, ,
ty aa a bone , throwu to a huugry
dog, as one of our ' leading mem-' !
bersJ truthfully 'TemSrkedr but" It1
whs plainly evident' that the State;
Intended. the law .should diet by in.i '
anition. . Iu , tbe light, of, present.
I affairs it is amusing to remember
I with what amiability the Society:;
ftwanleil toonorof its membersrex- -
euiptiou from; dues for bis. life time, i
aud to another, exemption for four j
years, for their success in "getting ?
this same worthless law enscted.
Things have changed since those i
days, and .'after weary years jof
uurnig , and; teachiug, in , face of r
opiHisition .without ; and timidity
within, our Society, we 'have the ri
satisfaction of recording that: the
auxiliary; btHlieg of our Society,' the ii
State ' Boanl of Medical Examiners,,
and tne' North Carolina Board of '.
Health, are at lastsatefy grounded 1
in the laws of the 8fate f 1 5
t-jrl" atxa Dv examining the :
smetnleil. as foil iws: .The .clause .
It will be seen bv examining the
declaring that it kall not Ma iV-f
demrd mor to practice mediciAe without 1
a license was repealed. Further ! -t
on a.pectiou was .amentled so as to t.
read that on aud after the date of
ratification February ; tnal anJ -iH'fson
who' shall practice meiliciue.
or "surgeryV or any of the braucues c
thereofrfor feoor rewardrwith ut
the license of thoBoard of Examiu- e .
ers, snail ,be deemeo guilty. ;oi a ,
misdemeanor 'and subject the of- i ,-
tender to' flue l and : imprisonment, u
at the discretion of. tbe court.,' vThe n
law does not apply towpmen pur.
suing the avocation of hiulwives, ,
bor does if apply- to regularly llK -
censed ' physicians practising on
Our border lines, or licensed pbvsi-,
cians.calletl;"; in this. State from
1. . . .L' 5 .i .. ' XT.. I. l .1.
another StateJ Very profierly the
Hew law' has ' iio rctrosiiective ai-
plic-ition, audl-of -course doeS riot
alter thO status of those physicians M
now in iirctice. It. innat.Le re. . i
tuembereil, though, that all of those .
physicians who c.ime, iutd practice '
since 1859J and have' not -been; 11 l i:
censeil, are- still debarred from the
collection of their tJalms tllgal .
process. ., v;...fn in-4VJ:t. ,.,:
As gratifying as our success. has .
been, so far, it will not become us H
i . ' . a a a V .L
now to siLiuiy; oy anu expeci cues
new law to ta k care of itself. The
SfjilA MfMliirul SUwJftT wnnld (in
wen to atiiioiut a com in i nee in eacu
Congressional, or Judicial, district,
to assist, in its prosecution, t'ases,
will arise orettv Boon, and if it is
left to average grand juries to pre
sent offenders, we ueed notJook for vf ?
its vigorous ft" enforcement. 'The
Society could well enough, aid in J l
the expenses of legal a c tiou in cer- ,j ,'
taiii necessary cases. i , -' '.'' ...".' j
The work' -jor the'uoara ' or jsx
ami tiers 'will ! Im3 largely increased, iit
anil, ; we presume r that: the s new -;r-.-f
btN.rd, which holds its first session
in Durham, iu' May,; will begin its :1 1,
work on the day ' precedng the !-
meeting of tbe : 8ocietyand allow
thvmselves ample timf & 1 -i Kr iVjtt
The North Caroliua Board of. . ,
Health" will organize under the
amended law,' at-a meeting to be .
held in Raleigh on the ' 20th or t
March. At this meeting a:.new :r
member ill be elected, a President
elected to succeed , the lamented., ;r
Whitehead, and the Governor wilt
send 1u "his apfKM nttnents to fill
vacancies,' three t in; u umber j At
the Durham- meeting, of the State
Medical society there win . be an
election to
fill the then ' expired
terms bt two members. ; 7 s If
l'lt will be seen ( by these-stato j !
roeuts that! there will . be quite f
change in the. composition of the - i
Board ;f Health, and we trust that"
it will be greatly for the better; To 11
We are specially :4 gratified to V -i
state that ui additiou to the amount r
appropriated for the maintenance
of the Board, 'and' for priutiug, the '
Legislature! has' appropriated! f 2. 1
000 to be used, only ( in case of, the .
invasion of the Sute by cholera or
other pestilential diseases. "As
small as this sum is, if rightly and "1
lYrotiiotlv applied, it will serve to
allav panic and, wo trust, limit or :
suppress the fi rat cases of "pestfl-....
... . r... i. vr.,i. ;
- flfttf PH cholera ( we
eilUe. Jieuiiuwuuu vaiuuuh una
a a aaw m -
w- . tjQ Coruwallis ami-
were indebted.-. to
Sherman, for the introduction of
small kx), there is no reason now; .
with tbe 11111 lti plication 01 highways
of travel, that we may not have- a
visitation' like, our uaugnier ien
uessee hail a few years ago.! j?
Our thanks are due. to the seven
doctors iu tbe Senate, and to lr.
McNeill in the House; for the broad
views they were able to inculcate;
in tbe Legislature, Uhus making
success possible. .Other friends we
bad iu both Houses, of course, ana
tbeir names will be - held in grate
ful remembrauce by the profession.
At last the North Carolina profes
sion has made distinct progress; it
uow rests with the individual mem.
bers of tbe profession to see that it
still pushes forward. , - in
' A real Cbiuamau now takes
the part f of "Washee Washee'i ihi
The Da -iter Real drunkanlSj con
fidence men and murderers have a
fine future before them if thisTage
for realism contiuues, as no doubt
it will.
!v..
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