North Carolina Newspapers

: TH 1, LEVAf, (PclntPcar0ilawrftI8UU,)EBiTm Paoratrroa. " xoara eitLii: rawaarct ia aaaii, taTtitcnr4i jaraitci aoaeaa-raB taa aiaa mitii bobs r ota rncTi TIT 11115 DOLLARS A TEARia YOU 36 RALEIGII, W. C WEDJESDAT, FEU. 1, IMS, LAWS OF NORTH CAROLINA Puwl at the tmum of Aawmbl 1844-44. end of the lime for which he was employed, to give to the committee the number and names of the children who may have gone to his school, specifying the number of days each one went : and upon his rendering this statement, the com mittee shall pay him by giving an order on the chairman And no comnuttee-man, whilst acting as such, shall be a teacher in any common school. ' XIV. Be it further enacted' That WT! branch of Eng lish education may be taught in said schools: and all white persons over the age of tour years shall be permitted to at tend the school of their district, as scholars, and receive in struction therein: Provided, That the" children in any one district may, by the consent of two or more superintendents, attend the schools in any adjoining district, . ZZZ. XV. Be it further enacted. That it shall be the duty of said school committees to visit the schools from time to time, and generally to perform all such duties as they may deem .uecesftX$k the.iiccc8sful operation of said schools; and said committeei shall have power "to" unittrwith individuals or other districts for the purpose of raising a sum sufficient to carry on their schools for the longest time. XVI. Be it further enact td, That within one month af ter the school committee shall have reported to the chairman the number of children in their respective districts, the chair man shall call a meeting of the board, who shall determine how many teachers are necessary for each district of their county; and the monies received from the Literary Fund aj4feni!he county taxes, shall be distributed among the school dislri of teachers required.. -; ..-..;, . .. ..-v - . .5-,..; .rXZZ. XVII. Be U further enacted, Tliat it shaH be the duty of the chairman of the board of superintendents to give no tice, by written publication nt the court house door of each -countvr-of the amount due each school district in the coun ty in which publication shall be made, soon alter the money is first received., XVUL Be it further enacltd, That the Board of Su perintendents shall have power, and they are hereby an thorised, to make' such othr regulations, relating to the schools of their county, not inconsistent with the provisions ot this Act, as they-niay ieem- necessaiyjojhoseiuiness of said schools. , " XIX. Be it further enacted, That the school commit tees shall annually, on or before the first Monday of Octo ber of each and every year, make a report to the Board of Superintendents, shewing the number and names of chil dren in their respective districts who have received instruc tion at tlieir schools the preceding year; the length of time the same was Kept up; the name ot the teacher and the a mount paid him; and such other facts in relation to their schools as they may deem expedient XX. Be it further enacted, That it shall be the? duty the Hoard of Superintendents to keep a true and iust ac- cuuui 01 an iiiuuica ig;civcu aim i;jijj;iiuuu ny 1111 1", tim ing the year for, which they shall have been chosen, when 'Aitl1,ritnithtii4- Thai Mia fro urtnfo mi n rf nrl of a'hnm rrcp.ivft- and for what and to whom n.nd nrwl .the several School Districts,, who are entitled to vote for j the balance, if ' ah members of the House of Commons, on the last Saturday same before the Committee ol Hnance or their respective in September in each and every year, shall vote by ballot 1 counties; and if no Committee of Finance, then before the forthrco men, to be entitled "The Schoor Committee,"! clerk of the county court, together with the vouchers in sup- XI. Be it further enacted, That it shall be the duty of the school committee to designate and purchase or lease, or receive by donation a suitable site for a school house, as near the central part of each district as may be convenient; to hire, purchase, build or receive by donation a school house of such form and dimensions as they may deem suitable. XII. lie it further enact ri, That the school committee shall, in one month after their appointment, report in writing to the chairman of the board of superintendents the number and names of the white children in their districts, of five and under twenty-one years of age. XIU. Be it further enacted. That H shall be the duty of the school committees to contract with a suitable teacher for their respective districts, for such time as the monies to which said district may be entitled, will permit; nd strict regard shall be had to the qualification and moral character CHAPTER XXXVL An Act to consolidate and amend the acts heretofore passed on the subject of Common Schools. 5 Be it enacted by the General Assembly of the State of North Carolina, and tt u hereby enaclea by me autnoruy of the same, Tnt the nett annual income of ihe literary Fund, (exclusive of monies arising from the sale of Swamp Lands) shall annually be distributed among the several counties of this State, in the ratio of their Federal popula tion, to bo ascertained by the censu next preceding such distribution. II. Be it further enacted, That the Courts of Pleas and Quarter Sessions of the counties which have adopted the School svstem. shall, at the Term next preceding the first Monday of October, in each and every year, a majority of of the Justices of the Peace of said county being present, appoint not less than five nor more than ten, superintendents of Common Schools, who shall hold their appointments for pne year, and until others are chosen. "f" III. Be it further enacted, That the term of said super intendents shall commence on the first Monday -of October, and they shall assemble at the office of the Clerk of the county court, on the day thereafter and appoint one of their number chairman. court shall be tx officio clerk of the Board of superintendents, and shall record m a book to be kept for that purpose, the nrrwrpfi Unas of the board, and such other naners touching the subject of common schools, as the board may direct ; and shall saleiy Keep an papers wnicn may De commmeu to his custody by said board. V. Be it further enadrd. That the thart f tht Literary Fund, to which each county may bo entitled, under the provisions of this act, shall be due and payable on or before the first Monday of October, in each and every year, and shall be paid to tho chairman of the board of superinten dents or his lawful attorney, upon the warrant of the Comp troller. MXL.Be it further enocted. That the Court of Pleaa and Quar ter Sessions of each' . and "ev err coantyf tr -majority , of ahe. -Justices being-present may in, their : discretion fevv a. tax in the same manner that other coiinty taxes are now levied for other county purposes, which shall not be less than one half of the estimated amount to be received by said county for that year from the Literary Fund ; and the sheriff is herebv required to collect and pay over the sarri6 to the chairman of the board of superintendents on the day of their first meeting as prescribed n the third section of this act ; and his bond given to6ecure the payment of county taxes, shall contain a condition for- the faithful collection and payment of the school taxes to the person authorised to receive the samo , ana tor a oreacn ot saia condition oy urn sheriff, the chairman of the board of superintendents shall have the same remedies against him and his securities, as are given to the county trustee for enforcing the payment of ordinary county taxes : except that his right of action shall arise on the first day of November in each and every year, and the sheriff's penalty slnill go to the use of common Schools in his county. VII. Be it furher enacted, That the board of Superinten dents shall have power to lay off in their counties school districts, and number the same, of such form and size as they may think most conducive to the convenience of the inhabitants of said 'count V. and also to alter the boundaries of tlia same, causing said boundaries and such alterations ' of the Board of Superintendents to keep a true mitreeto incur any expense in tho purchase of a piece of land on which to erect a school house, or to rent, build, or repair a school house, it shall be lawful for such commit tee to tate an account for such expense, and to 4raw on the chairman of the Board of Superintendents for the same, which account shall accompany the draft so dr.wn, and shall be paid by the said chairman, provided the school district they represent shall have in the hands of the chair man a sum sufficient to pay tho same. XXV. Be it further enacted, That it shall be the duty of the several County Courts of this State to require the Chairman of tho Board of superintendents of common schools, before ho enters upon the duties of his office, to give bond with good and sufficient security in such sum as they may deem reasonable and adequate, conditioned for the faithful application of the funds that may come to his of said teacher it shall be the duty of the teacher, at ,Jhe Ibonds, and the discharge of 'all his duties; which bond to bo recorded by their clerk in the Dook In which the re-: cord of their proceedings is kept. " ; . - - " Vl iV fft it fuftm tnttttei. That the. freei white men of. whose term shall commence ea the first Monday in Octo ber and continue tor one year, and until others are chosen ; and that said election shall be held at snch convenient place in the school district severally,, as the said superintendents may designate; and the three persons having the highest number of votes at such election, shall be declared elected as the " school committee" of their respective districts; and the suerintcudcnts shall haye power to fill any vacancy which may occur in said committee by death, removal, Or other cause. I he chairman of the board of superintendents, port of the charges therein made, on or before the second Monday of October, in each year; which account it 6hall be the duty of the said Committee of Finance, or the clerk of the county court, as the case may be, to carefully ex amine, and if found correct, to certify the same: and the chairman shall annually, within fifteen days after the first day of November, report in writing to tho President and Directors of the Literary Fund; or to such other officer or Board as may be appointed by the General Assembly to manage said fund, a copy ot the above account together whose term of service is to expire on th first ""MondaT: Ofi with the number of.childrcn in his county the number October, shall give publkJTiotice m writing at three or more i who may have been tanghVin tlic schools: of hjs; cointy the public places in each district, of the election to be held as J preceding year ; for what time the schools may hove leen proviaea in mis section, at least xen aavs Dciore ine aay oi , Kepi up in me several uisiricis : wnn. sucn omer lacis ana elf - such election; and the said board of superintendents shall ap point two freeliotdcrs of the district to conduct such election -of the " school committee."..The said freeholders shall give to the board of superintendents whoso term of service comfj mences on the first Monday of October, on the day of their first meeting, as prescribed in the third section of this act, a certificate under their hands, of the number ef votes Feceiv-1 ed by each person; and the said board shall declare the three suggestions as he may deem useful: and he shall make two additional copies of said report one of which he shall file with the clerk of the board, to be recorded in the Book in which are kept all the proceedings of the boardrand . the other he shall put up for public inspection in some conspic uous place in the court house of his county. XXI. Be it further enacted, That if in settling their ac counts as jequired ' by the foregoing section, any balance persons receiving the highest number of votes the M school shall be found remaining in the hands of the said board of committee," as herein provided iprorided, neverh ele$, that superintendents, or any of them, the same shall immediate- whenevcr the districts fail to make an election, the board of j superintendents shall appoint the school committeee, who shall continue in office till others are chosen at the next an nual election: And whenever the people, or any number of wrsons ot any district,, may consider themselves aggrieved y the committee, or any one of the committe-men of their VAoiuMt 1 1 I 1 1 . .L. . board of superintendents of common schools; and said board snau nave power to appear and decide on the merits ot all 8'ich coraplaintSj and &ho have power to remove any committee-man, who., in their oninion. has 'violated: hi dutr. 1 and, in case of such removal, to appoint another in his stead. , IX. fie it fur 'her enr-ctrdThaX each committee of the several school districts shall be, and is hereby constituted a , ooay corporate, Dy the name and style of u School Uommil ?z of District nnmber w of the Comity of as the caw may be; and in that name slialt be capable of purchas- : 1.13 unii notaing reai ana personal estate for school purposes; '""llilll anu iranSlomniT rnn nm- nnH nmuintinr nnn defending nil suits for and against said corporation. t X. I!t it further enacted, .That whenever suit is brought i broushl natnst any "sdiool district," the process shall' be toy sum mons ; acopy of which shall be. left with Borne one of thf committee of sail district. Iv be mid bv them or him. to his or their successors in of fice : and If the payment of the same be improperly delay ed, it shall be the duty ot such successors hi oluce, to bring suit in their name of office, in the Superior or county court .of their county, for its recovery with interest. XXII. Be it further enncxed, Thai if the Board of Su perintendents, or any mcmtjpr thereof, in this State, shall mlssapply tonrposes unconnected wiih Common Schools, any of the school funds placed in the possession of the said Board, or any membet thereof; the person or persons so offending and' assenting thereto, if ho be a member of said Board, snail be deemed guilty of a misdemeanor in office, and shall be subject to indictment in the County or Superior Court of the Connty where' the offence shall have been committed, and on conviction thereof shall, be fined or imprisoned at the discretion of tho tourt. U . . . ; ; XXIIL Be it further enacted, That it shall not be law ful for any county court in this State, to tax any free per son of colour, for the support and maintenance of any com- mon school ot schools.';'-' r-A.i hr.su fr--vrs- . XXIV. Be it further enaetcd, That it shall not bt law fnl for any committee to receive . into their hands . any of the funds set apart for the support of common schools : but whenever ft shall become necessary foe an; such corn- shall be payable to the State of North Carolina, and shall be approved and received by a majority of the superinten dents, and shall be filed by them with the clerk of the Coun ty Court; and the said chairman shall be allowed to retain not exceeding two and one half per centum of the monies which shall pass throngh his hands, as a compensation for his services. , XXVI. Be U further , enacted, That, the president and directors of the literary fund shall prepare proper iorms to enable the chairrnan'of the board of Superintendents and the school committee men to make the returns required of them by this act, and shall carrse the same to be printed and distributed to the counties which have-ivotcd or mayfrerc afler vote, for schools: and 6hall defrav the expense inci- dent to the prinlting and -d the 1 .iternry Fund. .,. XXVII. Be it further enacted. That if any superinten dent or committee man appointed agreeably to the provis ions of this act. such supctintendent or committee man hav ing accepted the appointment, or any clerk of the county court, shall refuse or neglect to perform the duties required of hiiu by law, he shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt, in the name of the Stnte, in any court of record in this State; and such penal ly, when recovered, shall be paid over to the chairman of the . board of superintendents of the county in which said default may occur, to be applied as the other monies which shall come to his hands from the literary fund and the county; and it shall be the duty of the county attorney for the State 10 prosecme- u au.gucji, ca sesj iot ana on oemui oi ms county. .. : ":r'r!r ts XXVIII.- Be it furtlur enacted, Tnt if ine chtiiman shall fail or neglect to pay, on demand, any draft which he may by law be bound to pay, he shall be liable to suit before any tribunal fravingcogniaanco thereof, in the name of the person in whose favour said draft may be drawn; and the plaintiff shall be entitled to recover, over and besides the amount of said draft, twelve per centum damages for in unlawful detention. - . ,vi . XXIXr- Ur further-enacttdr-Tbtt .a. majorilyor; the Board of superintendents, and a majority of a school corri mittec, slialt be competent to do any duty., required of the uonrd and ot a committee in this act----;-"----rr:::;3r XXX. Be it further enacted, . That t h superintendent and committee men now in office in the several counties, shall so continue and remain until others are chosen as re quired by this act. . " 7""T XXXI. Be it further enacted,. That the teachers snJ pupils of any common schools shall be exempt from per forming military doty, working on tho road, or serving as Jurors whilst engaged in teaching in said schools, or atten ding them as scholars. XXXII. Be It further enacted, That the President arid Directors of the Literary fund shall cause to be printed copies of this actj. and shall distribute the same to the coun lies wtiKii nave or may ncreauer voie lor scnoois, unne propoiiiori of 'twenty-five, copies for; every mernber m the House oi commons; ana snan iorwaru: tjw same jo me Chairman in the several counties at the time the Acts of the present General Assembly may be distributed; and the ex pense incident to the printing and distribution sbull be paid out of the Literary Fund. XXXIII. Be it further enacted. That it shall be the. duty of the sheriffs of the counties in this State, which have not adopted the common school system, as established bv law. when thev advertise tho next election for members of the Gent-rat Assembly, to give notice at the same time, by public advertisement in every election precinct, that an election will be held to ascertain tfie- voice of the people up on the subject of common schools, and all persons who may ne entitled to rote for a member ot the Mouse ot Commons, shall.be entitled to vote in said election: and every voter in favor of schoolsvwill depowte his Vote with the word "school iiiion hi5lTcketi and those- nBosed to-atl vSI vote wNoT school" upon their tickets; Ana it shall be the duty of the noll-keepers to count the votes given at each precinct for "School" or "No scltooVand to return the same to thesheriff who shall count together all the votes and certify the num bers for "school," and "No" echool," separately, to the Presi dent and Directors of the Literary Board, within thirty days alter said election and to Ine County Court of his conn ty next ensuing said election: and any sheriff failing to comply with the requisitions of this Act shall fuller all the pains and penalties imposed by law for failing to discharge hia amy. in auy election lor mempeis ot Assembly. t XXXIV.. , Me it further enacted, That should" a majority of the qualified voters ef any of the said counties vote in favor of schools, then such county shall . be entitled to draw from the literary Fundrby warrant froth the Comp troller, in favor of tho Chairman of Joe Coord uof superinten dents pf such county, the portion to which such'county is properly entitled; to place it on a footing of equality with the couuUes- wluch haver already, reocived their portion pf tho said fund and shall be entitled to all the benefits, priv ileges and advantages, and subject , to all the duties ana res- ponsibilitieaof the laws passed for the regulation and govern ment of common schools. Y,. ., . "f H ! XXXV. Be it further enacted, 1 That the Presi dent and Directors ot the Literary Fund, shall vest so much of said fund as counties not accepting the school system, would nave reen entitled to receive under the ratio prescri bed for its distribution, in the stock of any of the Banks of this State, or to loan trie-same, , upon such terms as may, in their opinion, be best calculated to improve the vahio thereof; and the; County Courts of such counties shall take no action on the subject of "common , schools" until a majority of the people of such county shall have voted for trie system agree ably to the provisions ot this Act. ; ( , .' , j ; :i 7. XXXVI. fAni te it further enacted, That this shall Uiu force from anJ after its ratification. .'.- (Ratified the 9th of January, 1&45.J ' .,' ' CHAPTER XXXYH. ;. .;;.;":.' - ' An Act to provide for the education and maintenance of lh poor and destitute deaf mutes and blind persons in thio -' sute. ..' ' ,7'S X'-'' a"i!f ' - . , "" ', ''V'X' : "A ' ' -""-r., i 1. Bt it enacted by the Qtntral AtstmlAy of th$ Stutt1 of North Carolina, and it i hen ty enacted by the authori ty of the same, That there shall be annually appropriated,1 out ofthe proceeds of the Literary Fund, five thousand dollar for the maintenance and education of such poor and destf tute deaf mutes and blind persons, as are unable to pay fin such maintenance and education, to be selected in the mode that shall be prescribed by the Literary Board: frovtdtdj that such selection shall be mad with a due regard to tho claims of every portion of the State. "' " ' ' - ,s - Sec. II. Be it further enact edt That the sums hereby appropriated shall be expended, at the discretion of the Literary Board, either by hiring teachers to opei schools ifl this State, or by placing such pupila as mnj. selected by them to such institutions of the sister Mates, for the instruc tion of the deaf and dumb and the blind, as they may deem most advisable, due regard being had to the expense of ine - fstruction !SL: 1 Sac. HI. Be it further acW-,Ihat--th-Justicea.-oi' t4eiieTeral Courts,-of Plcoa pd, Quarter Sessions, at tho terrnsTotthiBirrespeive may levy, in the same manner as taxes are now by law lev ied for the support of the poor, seventy five dollars for the support and maintenance of every such deaf mute and blind person as shall be selected from their respective eouc ties, by tho Literary Board, for the purpose of education. Ratified this 8th of Jannary, 1845. CHAPTER XXXVHI.tw r 1 An Act concerning tiro admissibility of evidence against , Ujb sureties of oincers and others. " " ' msBttt twdejit UtJeevstJff'S Slaltaf North Carolina, and U Is kerib'ttiiiUi tto'Ukttoirtef otAe at-That in actions T brought npon the officiate bonds of Clerks of tho County and Superior 'Courts, I lerka and Masters in Equity, Sheriffs, Coroners, Constables, and. other public officers, and also upon the bonds of Executors, . Administrators and Guardians, where it may be necestary for the plaintiff to prove any official default of any ef the said officers, any receipt or acknowledgment of such olt cerpj.any other matter or thing ' which by law would bo admissible and competent - for or- toward proving the same snch officer himself, shall in like manner be as a admissible and competent vagainst all or any of his secu rities, who may be defendants with or without such 'officer w in.aaidactiona. "v "';,!T': ,J:!" JVS -' 4 " Sac. II. Be it further enacted, That every person who shall be by the; Court of Pleaa and Quarter Sessions of ' any County admitted and sworn into' the office of Sheriff or Coroner of such county, or into the office of a Constable,' or one of the Constables of such county or of any : district in such countyt shall be held, deemed and taken, by forte of such admissions, to be rightfully in snch office until, by judicial sentence upon a tuo warranto or other proper proceedings, he shall be ousted therefrom, or his admission thereto be in due course of law declared void: and all bonds which have been, or may hereafter beV taken by any Court of Pleas and Quarter Sessions, upon the admission of any persoif lb cither of the said' offices, shall be licld and deem . ed to be vafid and effectual in law to all intents and pur-'" poses, notwithstanding any defect, insufficiency or irregu larity whatever in the election, appointment or admission of such person," or in any of the proceeding of such Court in relation thereto. .. n .,.; r'! , l Sec. IILrTRis act shall go into effect from and after it ratification, . ' ' Ratified the 3 1st of December 1841. M ! CHAPTER XXXIX. 1 U An Act extending the time for pcrfectingx titles to 1ojq4 jieretoioreenterea. - Be it enacted ly the General Jteembly of tht State -bf-Jiarth Carolina, and it it hereby enacted by the authority 1 ofthe 9mtt That all persons who have made entrio of. vacant lands and paid the purchase money to the State for the same, eince : the - first day of -January, oue . thousand eight hundred and forty, shall have until . the first of Jan uary, one thousand eight hundred and forty seven, to per fect their lhles to the same by grants. , , . ' A Sec; II. Be.it further enacted ,That all persons who Rave heretofore inaite to lawr within the time aforesaid, and have not Pa'd the purchase money into the Treasury, shall have until the saia first of -January, one thousand eight hundred and forty seven, te make said payment and perfect their , titles to said lands : Provided, that nothing in this act contained shall be so construed as toaffcct ihetities .of persons who have here tofora obtained grants for said lands, or the rights of junior -enterers, or to extend to swamp lands in the Eastern por tion of the'Sb.; Sr.c. III.? Be it further enacted. That tbia ct ahaU be' in force from and after ita ratification ,it;.,;,'. Ratified this 4th day of January, 1S15-J , An Act to secure to citizens of this State the right of fishing . in the navigable waters ot the state, ; ; ,n v ;- .'i u-.i', I ,u . ..-'!'.., w t.x ... ; if . Be it enarJedl by the Central Jstcmlly ofthe State of North Carolina, and it i hereby enacted by th authority of the tame. That no tenon or persons shall hereafter use or causa to be used, in any of the navigable waters of tUs