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VOL.
BA LEIG II, Jf. C WEDS E S D A Y, SI A HCII tWl
LAWS OP NORTH CAROLINA,
PmmJ M wwion of AwlAf 1844-4S.
An Act to incorporate a corps of Cavalry in the county of Perqui-
mons.
Be it matted by the General Ateemtly of the Stale North Caroline., and il it
h.rtht enacted kg the taUherity rf ihe tame. Tht tha company of wiry or dragoon
: .i...,,iMtu of P;ratiimoiis. commanded bv Tristan L. Skinner, be,
.1 ilia fltniA is herehv incornorated bv the name and style of
miu iii j 1 , .
Perquimons Light Dragoous; and by that name and style shall have
power and authority to adopt such constitution, bye-laws and regnla
L nnt inconsistent with the constitution and laws of the United
. livrtiBf
States a
1,1 of this State, as the company shall deem proper; and that
all fines and amercements collected by said company, for a breach
of their constitution or bye-laws, shall inure to the use of said com-
See. 2. B3 it further enacted, That thisJ act shall be in force from
and after its ratification,
ttatified the 7th day January, 1846.
An Act to repeal an act, entitled an act to repeal the third section of
an act, passed in the year eighteen nunarea anutweniy-nve,cnup-ter
twelve hundred and seventy-two, entitled an act to direct the
manner in which licenses shall hereafter be issued to retailers of
spirituous liquors, so fur as regards the counties of New Jlaupver.
i - -
anu ruenmouu.
fr it enacted bu the General Assembly nf the Stale of North Car
Jiua. and ills hereby enacted bu the authority of the gome, That
so much of thr above recited act as relates to the county of New
it mnvrir. be. and the same is hereby repealed.
Mrr 11 lie it further enacted, That all laws and clauses of laws
coming within, the meaning and purview of this .act, be, and the
same -tMSet-wjieatetii
Au Act to incorporate a Company of Cavalry in the Town of Wil
mington, County of New Hanover.
Be it enaoled by the General Assembly of Iht Slate of North
Carolina, end it is hereby ettqcled by the authority of the same, That
.the troopers in the town of Wilmington, county ef New Hanover,
coinmaudrfd by Capt. James F. Mcltee, are hereby incorporated by
that minis and style : shall have power to adopt such bye laws,
rules and regulations, for the government of the same, as a maiori-
" ty may doem proper, not inconsistent with the laws and constitution
of this State ; and all fines, penalties, and forfeitures incurred under
such bye laws, shall be recovered in the same mauner as Militia
fines are now recovered in this State ; and when so recovered, shall
be applied to the use and benefit of said troop of CJlalry fdinilitairy
: purposes and that M and after its ratifi-
cationr - -
police, on or before the first day of March in each and every year,
a statement on path of lb number of taxable polls for which he or
she by virtue of this act is bound to pay town tax; and it shall also
ni nromauwo uvuuicr uu uie amy oi every person owning invD ProP"
erty, within the limits ot the said town, whether he or she be acit-
iwn oi me same or not, to give a statement of tbe value ot all such
property which lie or she Qwns within the limits of said town; and
any person failing to give a statement as above required, shall incur
a lorieunre oi nve dollars, to be recovered jn the name or said com
missioners by warrant before any Justice of the Peace in and for
the county of McDowell, to be applied by said commissioners in the
same manner which the taxes herein be lore mentioned are directed to
be applied: provided however, the right of appeal shall extend to
this in the Same manner in which it is allowed in other cbsps.
Skc. YI. Be it fu&theii knactbo, That it shall and may be
lawiui lor said commissioners, or a majority of them, to, appoint i
patrol, whose duty it shall be to patrol said town at least once du
ring each and every week, and ofiener if they deem proper.
one. 1 11.7.UE.1T FtrRTBR BNACTio, That if any person ap
pointed patrol aa above, shall refuse to act; he shall forfeit and pay
the sum of five dollars, w,hich said fine may be recovered before
any Justice of the Peace in and for said connty, in the name of the
commissioners, and be applied by them to the use of the said town.
OKCT Vlll. Uk it FiTRTHKB f NAtTSD, I hat all taws and clauses
of laws coming within the meaning and purview of this act, be,
and the same are hereby repealed.
Skc. IX. Bb it fuktiixk kn acted. That this act shall take ef
fect from and after its ratification.
Ratified the 24th day of December, 1844
An Act to revive an act for the beter..regtikonof4.Joof1
.., ... uiruiuuu, iu turn;n iuuiuy.
Be it enacted by the General Assembly of the Stale of North
Cfiroliua, and it is hereby enacted bu the authority r f the same.
That William Plummer, Edward Hall, Benjamin B Cook, Thomas
wnite, Uoctor bteplien Davis, John Somervnle, and Kobert IN. Ver
reii, De appointed commissioners for the town ot Warrenton, in
Warren County, and they, or a majority of them, are hereby vested
with full power and authority to carry out, to all intents aud pur
poses, the former enacted laws for said town.
lluiuVd the Jrd day ot January, I $45 J -
An Act to icorporate a corps of cavalry in the county of Chowan.
Be it enacted by the General Assembly of the Slate of North
Carolina, and U is hereby enacted by the authoruy of the name,
That the company of cavalry in the caunty of Chowan, be, and
the same is hereby incorporated by the name and style of the Cos-
Back Guards; and by that name and Sty le shall have .power and au
thority to adopt such constitution, bye-laws and resni fationi. w
.nnist3nt with the constitution and laws of this State and of tbe U-
nitcd States, as the company shall deem proper ; and that all fines
mid amercemcuts collected by said company, for a breach of their
constitution, bye-laws or regulations, shall inure to the use of said
company, , '
Sec. 'i. And be it further enacted, That tbe said company of cavalry
hall narade at leasLsutlimes-a year,
Sec. 3, And be it further enacted, That this act shall be in force
from and after its ratification.
Ratified this Oth day of January, 1S45.
An Act for the relief of Samuel Sowers.
Sec h lie it enacted by the General Assembly af the Stale of
Xorth Carolina, and it is hereby enacted by the authority of the
miimr. That Samuel Sowers of the county of Davidson, be. and
he is hereby .relieved and exonerated from all ains and penalties of :
the 14M secnon oi ie qjiu cnapier oi w rveviaeu outiuies, euu
tied an act concerning Divorce aud Alimony.
Skc II. That this act bo in force from and after its ratification.
An Act to incorporate the (own of Marion, in the County of McDow
ell, and lo appoint Commissioners for the same.
I. Rett enacted by the General Assembly of the Slate of North
Carolina, and it U hereby euaeled by the authority o f the same,
That Rphmiiu Clayton, Elcnny Elliot, William L. Git), Stephen
Glazener and J C. Whitson, be, and they are hereby appointed Com
missioners "f the town of Marion, in McDowell County, and they
nra hereby constituted a bodv cornorate and oolitic, bv the name
and style of the commissioners of Marion, who shall have power on
the death, resignation, removal or refusal to accept of any one of
iheir body, a majority being present, to appoint others to nil such
vacancies.
Skc, IK And be it further enaeieJ. That the Commissioners ap
An Act to repeal an act, passed in the year 1825. entitled an act to
repeal in part an act, passed in the year ibzu, entitled an act to
authorize and empower the commissioners of the several towns of
and Keep up nre engine companies.
St it tnuckJ y 4k deneral Ambty tf the Stat vf Iftrth Cartin a,' amt
ii im htrtbu enacted by the authority tfthe tame. Ttwt the 1k reciUd ad b. uid
me same is hereby repealed.
Skc. II. Be it further enacted, That the commissioners
of the town of Fayetteville shall have power to accept as firemen
and as members of fire engine companies any number of militia
ith the advice of on Justice of the Peace, or, if none be present,
ith the advice of two freeholders, to appoint an inspector or inspec
tors ia the place of him or theni who shall fail to act ; "hidi in
spectors, when duly sworn by some justice of the peace to perform
tne amies oi the place with odelity, shall have the same authority
as if appointed by the court. . " ;
Sec. IL Be il further euaeled, That all persons qualified by the
constitution to vote for members of the House of Commons rooy
vote for or against said removal: those who are in favor of such re
moval, will deposits their vote with the word removal" written on
e ticket, aud those opposed to such removal will deposit their
vote with the words "no lembval" written on lite ticket: aud it shall
be the duty of the poll keepers to count the votes riven at each pre
cinct for removal or no removal, and to return the same to the sheriff
of said court, who shall count together all the votes; and if A majori
ty shall be (otu.d in favor nf nch remittal, u shall be the dntv of the
sheriff to furnish a certificate of the same to the next county court
of said county; and such sheriff failing lo comply with the requisi
tion ot this act shall sutler a.l the penalties Imposed by law for iait- j
ing to discharge his duty in any election for members ol Assemi-iy.
Skc. III. He it farther enacted, That il shall be the duty of the
said I ourt of Pleas and Quarter Serious for aaid conutf of. Wayne,
at least seven justices being- present, upon its being certified to the
said court by the sheriff, thai a majority ol the votes polled at such
election aroio favor of such removal, ftorhwith to appoint ten com
missioners, of whom one shall be appointed frooa each captaius dis
trict in said county, for the purposes hereinafter mentioned; and it is
hereby made the duty of the sheriff of said county to give notice,
in w ruins, to eacn oi suia commissioners vt wii iu iuiiucui,
within twenty days thereafter.
majority of them, are hereby empowered and required without delay
to prepare a plan for a new-court House and new Jail lor the use
of mid count v. of such size, and to lie built of such materials, as lo
them shall seem requisite and expedient; which plans, wun esti
mates of the expennes, and a particular description ol sucn eonietn
elated buildinffs. shall be by them laid before the said county court on
or before the third Monday in February, 1846, to govern the said
court in roisinz the funds to defray Hie expenses ol their erection ;
and said commissioners or a majority of them shall likewise, without
delay lay off a site for said court house and jail, of not less than two
nor morn limn tour acres in size, wiiiiin nan a iniia oi uia noici
Arnold Rordcn. ill the said village of Goldsboro', which site they
l.nll mirehnse of ihe nronrietor or Dronrtetors. if they can do
men not exceeding the number of sixty, residing within the district
of Fayetteville. T .Tifa IZ "i,;!irri,.fe RUfe
:
. .1 n nnt wieonA in flid Tranf 1 nnt I All HCit tO All,
thorize and emDOwer the commissioners of Fayetteville &c. to or
. "
ganize and keep up fire companies.
Ratified the 8th day of January, 1845.
An Act to authorize the Court of Pleas and Quarter Sessions of Pitt
County to appoint special Justices of the Peace, and making
compensation ro sucn justices ior certain sernct-a. -lie
it enacted by the General "ssetnbly of the Stole of .North Carolina
ami it it herrhu tnarXtd hn the auUioriUi ot the tame. That it ahal
be lawful for the Justices of the Court of Pleas and Quarter Ses
sions of Pitt County, at their first term after the first day ofJanua
ry, 1845, in said county, a majority of Justices being, present, to
nominate and appoint such and so many of the Justices of their coun
ty as they may think, proper, to act in said county, as special. Jus-
tied to demand and receive tho' fdlowtaie fees
that is to say. for every affidavit not on the trial of a cause, ten
cents; for every warrantor attachment, ten cents; for every subpoena
or order to summon a witness, five cents; tor every juagmem renaer
eduDon everv warrant twenty five cents: . for erantinir an appeal
or stay of execution, ten cents; for every execution, ten cents; for
taking depositions of any witness under an order or commission
from any Court of Justice, fifty cents; which fees may be recovered
and collected as other fees to officers are or may be couectea: pro
vided, that not more than two special Justices shall be appointed
in the town of UreenviIJe,
Sec. II. Be it further enacted. That the Justices receiving sucl
nnointmenL shall, notwithstanding such special appointment, re-
tainuse, and exercise, all and every right and privilege of other
justices ot the r eace within his county, ana may ai pleasure resign
the said special appointment.
Ratified ihe 8th day of January, 1845.
X
pointed by virtue, of this act, or a nuority of thera,' or their success- j Air Act making compensation to tales jnrors in the County of Person.
ors, shall have power to appoint a m8craU) of police, a town treas
urer and a town constable, and also have power to pass and adopt
all such bye laws, rules, and regulations, as they, or a majority of
tnem, may Tiecmr necossatjr- tor tne good order ana government ot
ihesuid town; Provided,,. that , nothing in this act contained shall
authorize (lie-said commissioners to prevent the citiaeus oi McDow
ell County from exposing to sale any , articles on the public square
of said town, or to lay a tax on the same: and provided, said rales
and regulations, shall not be inconsistent with the constitution and
la ws of tiiia State or of the United Slates.
Skc. UK Be it rua-rnER enacted, That said commissioners,
or a majority of them, should they deem it necessary, are hereby
authorized and empowered, annually, on or before the 15th day of
jwcii, in eacn ana every year, to lay a tax, not exceeuuig twenty
five cents on all taxable polls resktmar hi said town, and to fax not
exceeding ten cents Wl every, hundred dollars worth of town prop-
en y wiminine limits ot the same; which tax, when collected, shall
le applied o the improvemoftt and repair of the streets of said town
and to such oAber purposes as the said commissioners, or a majoritj
of them, may doeni necessary to its Drosoeritv and advancemeat '
Skc. IV. Oa it further eh acted, That it shall be tbe duty
oftlwi lown constable, when required by said commissioners, or
majority of them, to collect from each indi vidual the amount of tax
imposed on him or her e en his or her property, by said commis-
KunierB; uhu uau lmmetuateiy, on the receipt thereof, of witftin te
days thereafter, pay the same over to the town treasurer, who shall
holtfthe fame subject to the order of the said commissioners, or a
majority of them; and for the purpose of enabling the town consta
ble effectually to collect said tax, lie is hereby authorized and em
powered t have, usev and exercise all lawful wavs and meana which
L are usually had, nwd and exercised by the several .sheriffs in this
oiaie in me collection of the public revenue, whether it be by dis
tress, warrant or otherwise. . r
8ec. Vi Du IT ri BTHm tmrrtn Thnl t mhm.U K kA A.,i
m J - . ur f JU UVUJ
oi each person rcsMingin said town to deliver to th magistrate of
Be it enacted bit the General Ass.mblv of the Slate of North
Carolina, and it is htreby enacted by the authority of the same,
That from and after the )ossage of this act, (s majority of the acting
justices of sad county being present,) they may pass an order direc
ting h clerks ot the Superior wd. CowityConrU to issue eertt
ficete to tales jurors, who -shall be summoned to attend either the
County or Superior Courts of PersoW and who shall have attended
said court or courts; and said jurors shall, for such services, receive
Ihe sum ol seventy nve cents; and the etcrk o the court lownicn sucn
tales jurors shall be summoned, shall, on application of the said tales
in rots, erant to each of them a certificate, shewiiiethat such person
- . . . . . ... i t ,
has served as a tales juror s aforesaid; which vcerttncaie snail do
paid by the connty trustee, out of the funds belonjtings,t coun
ty: provided always, that this act shall nol extend to those persons
who are bound to attend court as witnesses or suitors
Ratified the 6th day of January; I84S.J "
" t
eourt-
ln Art to amhoriTA lh rainoiml nf ilia ronntv annt Wl WnVTVe
- . ... ' i . .
W from the town of Waynesboro' to the vKlofre ol uoiasnoro- in
said county of Wayne, in the event Ihe people of said county
shall vote for sueh Bemoval.
Beit enacted by the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
that the Court of Pleas and Quarter Sessions fo the county of
Wayne, si the first term of said court that shall be, held alter the
nnt day rjttay,A. D. 1845, shall appoint two inspectors io super
intend the Dolls to be onened at each and every election precinct in
said county of Wavne at the- next election lo be held for the election
of members or Congrats, oa the first Thursday tn Augnst nexi, ior
ascertaininff. bv ballot tha will ot the freemen of said county, rcla-
. . --------------- -
live to the removal of tbe site of the Court House ana omer puouc
building from Waynesboro' to the village of Goldsboro in said
eonntv: and if tha taat court uhonld fail to make such appotntmenui.
or if anv inspector so SDoointed shall fail to act. it shall be the duty
of tha shcrkT or the person acting a his deputy on such occasion,
ao.'aLbt4her.iny;ifeei
deeds therefor; tit fee simple, HMlie chairman ot saia conn na n
succi;8sors forJhe purposes a foresaid, aud. d raw their order upon the
connty trustee, or any other officer ot said county holding money be
longing to said cou.ity ior tne purchase money tor tne same, wuo
shall dv the inonev before anv other claim.
Sec. V. Be it further enacted, I hot said commissioners, or a
roniority of them, shall without delay contract with one or more re
sponsible persons, in the name, and upon the faith and credit of
5?.12 S?"tttf,cR,flajaM
use of said county, accorduui to the plan and description they may
hay fixed on as afbresaid,r takinff bonds in doable theamount ol
..h pnnirart or contracts, with cood security, payable to the chair
m. r.r tim ennrt aforasaid and his successors, for ihe due and faith
ful perlonumce of such contract or contracts, may stipulate in the
behair of said county, such payments as they may deem advisable.
Srr VI n U further enacted. That said commissioners or
a snajority-nf them, are Jiereby empowered nd-required, whenever
they shall deem the same advisable, lo sell at public auction, on. such
credit as they may think proper, the present court bouse and jail. of
nil Ronniv toirether with the lot upon which the same are situated,
.t Mnv tn ihn nnrclinser a title to the same, reservinir to tha
onmiiv iviihont charge, the use of said buildincs and lot tmti
the said commissioners shall have received lle new court house and
jail aforesaid; and tlie monies arising from said sale, shall be applied
,v iirrvinr th ninviaioM of this act" into effect. ' ' ' 1 '
,u . w ... . . r . - - - - k ' '
ggc. : ill: iiett 'jtmierr enaata, i nai wwiw "j vira
more of said commissioners die or remove, or refuse to acl, before the
eompletiou of said new buildings, it shall bVthe duty of the said
court, not less than seven Justices being present, at the next term af
ter such vacancy or vancaucies shall have happened, to fill -up such
vacancy or vacancies. ; ,
Sec. VIII. Be it further enacted. That from and after the
arm ihnt nid nur conn house and Jail shall have been received by
said commissioners, ore majority of theni, the Superior courts of
Law and Equity, and the courts ol Pleae and Quarter Kssaians of
suid county shall severally bo held lu the said new court nouseranu
the prisoners of said coiiuty be confined in said new jil; and thoi
the clerks of the Superior court and court of Pleas aud Cluarter Ses
sions, and the register of tlie said eotinly are hereby required lo keep
Iheir offices ia said new court house, after k shall have been so re
ceived as aforesaid. , . ' . ' .
a.rr it tu u further tar.ted. -That this set shall be m wee
from and after the ratification thereof : and all laws and clauses of
lawsconflictiii? with the provisions of this act, be, and they are here
by repealed.
Katibedtheythday ot January, xoio.j -
An Actio amend an act, entitled an ac to change the location of the
: rourt Ilouoa of ihe County of Montgomery, and for oilier purpo-
.... r .t . l ' I l Ul tb4'
poses, passed at tne session ot uie wvuvrai asbuiuwis
chapter 40. ' t
Whereas, in nunnance of the provision of said act. James I.
Gaines. Zebedee Russall. Thomas L. CoitontThomos K Scarborough,
Martin Rush, ; Archibald AT Lacn ilid wutiam woggius, commis
sioners elect, proceeded to the location by actual turvey, near the
centre of Uie county of Montgomery, of the court house for, said
county, and the establishment or the town ot trey, ty tayvig vui
said, town and. the sale of a Dnrtieo of the lots : and whereas said
commissioners were estopped from further proceedings by a writ of
quo tea rai0; and whereas the quesiioa ot location was sopmiuea
to the discretion of the voters of said connty, which resulted in the
rhoif a of said town of Trovr . vtiii. -
B it theief ore enacted bu. the General Assembly of ihe Slate
ohNorth Carolina, and H is hereby enacted by Ihe authority of
the same, That the said James K uaines, zebeaee xvussen, i no
mas 1. Cotton. Thomas E. Scarborough. Martin Kush. Archibald A.
Leach andAVillim Coggins be, and they are hereby anpoiated com
missioners, whose duty it shall be. and they are hereby authorized
and empoweredvto proceed, at an early day, lo estab'ish the town oj
Troy, at West's OldPield, on fifty acres of land heretofore procured
by said commissioners for that purpose, end locate thereon the court
house and jail for said county of Montgomery. , - -
Sec. II. lie ti further enacted. That said cr mnissionert shall
have authority, and they are hereby required to ratify and confirm
the sales of lota in said town of Troy, which have heretofore been
made, orovided the purchasers shall come forward and renew their
bonds with approved security, on oi before the twentieth day of
February next, which bonds theJl be taken one and" two years tifter
date, in equal instalments; and all lots for which the purchase money
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