w' ieS f Ijc piprors for the lime boing ae hereby de
dared t li.ive preference lo all others, Air ihe first thirty
ays afa-rihe said books sliall he opened as aforesaid, of
ukiug mid sclMtuiUng for as many ivlmle shares as any
of th-ia 4all dioose; and the President and Directors are
herely mjHirrd to observe, hi ail other respects, the
rud s thm-iu as an bv (jus act prescribe! for recei via
aditi-lina the first suhacrirtuKis and ail proprietors of such
iHiditiotiul shares are hereby declared to be from thencefor
ward iiKXTtporatcd ink wid company.
Sec. Ifi. Be it further marled, That if the said company
shall not compete (he said canal so as to admit paesage of
- bonis thmtigh diasanie within five years from tin first day
'of January, A. IX t849, all preference in favor of said
company shJI b forfeited : Provided, that if the said com
pany shall at the expiration of the said 6v5 years have
completed two thirds of said canal they s1ia.1l- hare a further
time of rwo years to complete the same.
Sec. 17. Bet Jurlher matted. That if any person or
persons shall he sued for any thing done in pursuance of
this act, lie or they may plead the general issue, and give
this act and the special matter in evidence; and on a verdict
against the plaintiff or plaintiffs, or nonsuit or discontinu
ance, recover costs of suits.
Sift, 18. Be It further enae'ed, That the privileges
herein granted to the said company shall he and uioe to
them and their successors for the term of ninety years,
and no longer.
Sec. 1f. And be it further tnacletf,, That all laws and
of the same: and they shall he allowed, la satisfaction for
heir troubles therein, such sunns of money as fcy the gen
eral meeting of Ihe subscribers shall be delennined: Pro
vided alway, that the' treasurer shall give bond, mi such
penalty and wiU) such security, as the said president nud
same directors, or a majority of them, shall direct, for the truetnd
; and; faithful discharge of the trust reposed Hi hinr and that the
allowance to be made to him for Ins services, shall be regu-1
lated by a general meeting of the stockholders; and that
no officer in the said company shall have a vote in the
settlement or paying of his own account.
Sec; I. Anihcit further enacted, That before com
mencing the public work, herein contemplated, the Presi
dent sal Directors shall have full power and authority,
and they are hereby required to cause the said stockholders
to pay to the Treasurer of the company one fifth of the
nmoant by him or her subscribed, as aforesaid; and to order,
direct, and prescribe at what times ad what proportions
snm blocs noiaers sr.au piy me remaining portion or por
tions by them respectively subscribed; which orders and
requirements stroll be advertised at least ane month in some
one of the newspapers hereinbefore specified; and they are
hereby authorised and empowered, through the treasurer
aforesaid, to demand and receive of the several stock hoi
rlers, the one fifth part of the several amounts by them sub
rcrnVd, nud likewise, front time to time, the sums of money
so ordered to he advanced and paid for carrying on and
executingpr repairing and keeping iti order the said works,
uniu mesums suoscnoea snan oeiuiiy paia; ana w oe ny
clauses of lawseoming within the meaning and purview of . said treasurer disbursed and laid out as the said President
this act, belaud the same tire hereby declared null and' and Directors, or a majority of them, shall orderand direct:
void. And if any of the said stockholders shall refuse or neglect
Ratified in General Assembly, this 18th January, 1847.! lo pay their said proportion, within one month after the
same is so oiucrea anu aavenisea as aioresaiu, ie i-resj
All Act to incorporate the Orapeake Canal and Turnpike
. '..- Company.
-Sec 1. Beit enacted by the Gene-al AsscmMy of the
Slate of JVorh Carolina, aud U is hereby enacted by Ihe
authority of the same, That it shall and may he lawful to
open hooka at Gatesville, in (he county of Gates, under the
direction' of William O. 0
Robert rH. Bullard, Thomas Riddick and John Gntlin, or
any three of them; and at Powell's and Harrell's Store, in
"aa
li. flarrell, Andrew Voight, Burwell Brothers and Thom
as Powell, or any three of them; and at Deep Creek, in
the county of Norfolk, and Commonwealth of Virginia, un
der the, direction ol fed word Harrell, Henry Casing, and
Dr. Arthur Smith, or any two of them; for the purpose of
receiving subscriptions, to the amount of twenty five thou
sand dollars, for the purpose of opening a canal, and con
strticting Turnpik Road, from the high lands of die White
Oak Spring Marsh, in Gates county, to the Dismal Swamp
Canal, and likewise from the said high lands of the Whit
Oak Spring Marsh tn Bennett's Creek, in said county of
Gates; ' Which subscriptions shall, be made personally, or
by oowcr of Attorney; that the said books shall be opened
for receivina subscriptions, or tha first da.y of June next,. at
"itifpiWtidttA continue open until the first
day 04 September next,, ,ju.cmsive; ,.aiiq.oi. jnsjiufuuoiie,
day of September aforesaid, there bhall be a general meeting
of the subscribers, at Powell's and Uarreu s tore aforesaid,
of which niecting of the subscribers, notice shall be given
by any three of the directors, or managers aforesaid, in one
0ftheriewpa
m4 i) tm. '.'fyd-aorth State," in Elizabeth City,, in the
before the said meeting; and sucri'" meeitilgwsfiVi foxy
he continued from day to day, until the business is fully
completer ana gone through with; and tna . acting directors
or managers aioresaia man, ax me time ana place aioicsaid,
lay before sucti oi the subscribers as shall meet according to
ine saia notice, tna dooks ny tnein respectively kept, con
taining the state of ih) said subscriptions;; And if one third
part of the amount of capital stock aforesaid shall, on ex
amination, appear not to have been subscribed, then the
siid managers or directors, or any three of them, are em
powered to take and receive further subscriptions to make
np the deficiency of one third of the amount of the capital
siim atoresma, at any time Delore the nrst day ot June,
1848; and if it shall appear at any time before the firct day
of June, 1848, that ona third of the capital stock aforesaid
has been subscribed, the directors or managers aforesaid,
shall at such time ns they may appoint, call a general meet
ing of the subscribers, by advernsement as aforesaid, at
Powell and Ilarrelrs Store; and upon examination of the
books, if it shall appear to Ihe subscribers that one third of
the capital sura aforesaid has been subscribed, they shall
then proceed to divide: the capital sum aforesaid into two
hundred and fifty shares, of one hundred each, of which
very persou subcribiag may take and subscribe for one or
more whole shares, according to the amount of his or her
previous subscriptions, and not otherwise.
Sec. 2. And i it further enacted, That in case one third
of the said capital, or a greater sum sbeU be subscribed as
aforesaid, the said subscribers, and their heirs and assigns,
from the time of the meeting at which k shall have been
ascertained that one third of the capital had been subscribed
as aforesaid, shall be, and are .hereby declared to be incor
porated into a company by the name of' the Orapeake t anal
and Turnpike Vonipany;" and may sue and be sued as such,
and have succession and corporate existence for a period i
Of fifty years: and such of the said subscribers ns shall be
present at the aid meeting, or a majority of them, are here
if empowered and' required lo elect a president and thn e
direetoM for the conducting the said undertaking, and man
aging all the business of said company for and (luring such
time, 7uc eeeding three years,) as the subscribers, or a
trnofrty tf&em, shall think fit; and in counting the votes,
fall geoAnsl iseetjnfs of the sail company, each member
bott te asWwed ens vote for every shore under ten shares,
and eae -vc4a for evry taro shares aove ten, by him or her
held at the time ila aaid company; and any Woprietor by
writing Under his cur fcer kand, executcdbefore t wo wit
aesses, may de,tery iher member or proprietor to vote
ti aft a fxoxyAUt him or faer, at any general meeting.
j 'UVfiuiSmetedt Vhat the said president
, and duectora so electedrand mew iwcessors,or a majority
ef them assembled, shall hs ve power and authority to a
gree with any person ox persona, oa fchalf of the said com-
iny, ta cut the saVl Cttrral and eaastmict lite said Turnpike
Koad, and perform suck other works as ttbey shall judge ne
cessary, for the aavigatioa of the said fsuml, the completion
f tlMMid turnpike foa4,aad the catvyMig cmbe same from
f lace to riaee, and from iime to tisae, and upaa such terms,
and m such a manner as they shall thtnlc fi: and out of the
mot,i t arteina; from the aabscriptinns and tofts and other
hi Is hereafter in this act f irea, to pay for the state; od to
repair and keep in order the said canal and canal locks and
othef worka necessary thereto, and la delisay alt iaetdeatal
a MTT; a'40 1 appoiut a treasurer, cierk, and suehali
ttkf9. toll-g.itherers, managera, and aervama as rhey shall
;u ,,e reqitfii; and w agree forarxi seiUa their respect ire
ara or !iawaucei d settle, puss f mud gn their at
.iM i,. iiwke and IjstalJisli rnlea of nroceeding, and
feiM":t all the -lMr business nud ctnicerm ofaaid oo npa
Uf U J Ann"' h? fvaltweti.i the general meetings
dent and Directors, or a majority of them, may sell at
auction and convey to the purchaser, the share or shares of
juch stockholder or stockholders so refusing or neglecting
payment, giving at least one month's notice in some of the
newspapers hereinbefore specified; and all such sales shall
be in the town of Gates ille aforesaid; and after retaining
the sum due, with the interest thereon, and charges of sal",
out of the money arising thereirom, they shall lefuuu and
pay the surplus, if any, to the former owner or owners; and
iluclisalOhaU aumilirrHianc
directed to be advanced as aforesaid, with iutercst and in
cidcntal charges, the President and Directors, or a majority
of them, in the name of the company, shall sue for and re
cover the balance, by motion in any Court having jurisdic
tion thereof, on ten days' previous notice; and the said pur
chaser or purchasers shall be subject to the same rules and
regulations, and entitled to the same profits and privileges,
as if the sale and convevancohad been made by the original
stockholder, and to continue the succession of the said
President and Directors, and to keep up the same number.
Sec. 5. And be it further enacted. That from time to
time, on the expiration of die term for which the said Pres
ident and directors are appointed, the stockholders ot said
company, at the next geuefal meeting; ; ahatl eirher continue
the said rresident and urrwetors, or any or tnem, or- snatt
choose others in their stead: and m rase ot the death, re
moval resiznation. or incapacity of the. President or any
of the Directors, may and shall, in manner aforesaid, elect
any other person or persons to be President and uireciors,
in the room of him or them so dying, removing, resigning,
orbecomlngliicsM
eeneral meetings, remove the President or any of the Ui
mtfHffle wnTcrltfctrson-SY
rave acted.
Sec 6, ,4 a a" be it further matted, That every President
a id Director, before he acts as such, shall take an oath or
affirmation, for the due execution of his office.
oca 7. Ana be it further enacted, That the presence
of stockholders having twenty shares at least, shall be ne
cessary la constitutes general meeting; and that there be a
general meeting' of stockholders, on the third Monday in
July in each and every year, at such convenient place as
shall from time to time be appointed by the said general
meeting; but it a sufficient number should not attend on
that day, the stockholders who do attend, may adjourn such
meeting from day to day. until a general, meeting of stock
holders shall be bad, which may be continued from day
to day nntil the business ot the company is finished; to
which meeting the President and Directors shall make re
port, and render just account of all their proceedings; and,
on finding them fairly and justly stated, the stockholders
then nresenl. or a maioritv of them, shall give certificate
thereof, a duplicate of which shall b entered on the said
company's books; and at such yearly or general meetings,
alter leaving in the hands ot the treasurer, such sum as the
Stockholders, or a majority of thpm, shall judge necessary
for the repairs and contingent charges, equal dividends of
all the nett profits arising from the tolls hereby - granted,
shall be ordered and made to the stockholders of said com
pany, in proportion to their several shares : And on any
emergency, in the interval between the said yearly meeting,
the President or a majority of the Directors may appoint a
general meeting of the stockholders of the coir pan y, at any
convenient place, giving at least one month's notice, in
some one of the newspapers hereinbefore specified, which
meeting may be adjourned and continued as aforesaid.
Sec. ftV-iANsT Se if further enacted, That for and in con
siderationof the expenses the said stockholders wilt incur,
not only in cutting the said canal, erecting locks, construc
ting the said Turnpike Road, and performing other works
incident and necesary to this undertaking, but in maintain
ing and keeping the same in repair, the said cinal, locks,
turnpike, and other works, with all their profits shall be,
and the same are liereby vested in said stockholders, their '
heirs and assigns, as tenants in common, n proportion to
their respective shares; arid the same shall be deemed real
estate; and it bhall and may be lawful for the said President
and Directors, whenever the canal and turnpike road a
foresaid shall bo completed from the high lands of the White
Oak Spring Marsh to the Dismal Swamp Canal, to demand
and receive, at such point as they may designate on the
road aforesaid, for ail commodities ..transporiUir5Migh
said canal, one half the amouut of tolls now received, by
the Dismal Swamp Canal Company; and for transportation
on the Turnpike Koad aforesaid, to demand and receive as
aforesaid, one half the amount of tolls now received on the
turnpike running parallel with snid Dismal Swamp (.'anal:
Provided, that the said stockholders, or a majority of them,
shall have full power and authority, at any general meeting,
to reduce said tolls, or any of them, or to determine that any
article may pass free of toll. ; ; ' '
Sec. 0. And be it further enacted, That if it shall appear
to the stockholders aforesaid, after the completion of ihe
canal and turnpike from the high lands ot White Oak
Spring Marsh lo the Dismal Swamp Canal, there ' Miall not
remain of the f inds heretofore directed to be subscribed and
paid a sufficiency thereof lo enable the said company to
earry on and- complete the canal and turnpike, from the
point of depart nre aforesaid to Bennett's creek, then and in
that case, it shall and may be lawful for the stockholders
aforesaid in general meeting, a majority Uing present, to
cause books to be reopened at such time as they may ,jstn district shall te composed of th counties oi Wkt
deem fit, at the places and ) under the management of the pf ,kliii, Warren, Halifax, Edgecomb, Nb and Job,,'
tame persons, as hereinbefore set forth in the first secnon of g,,,. The seventh district shall be composed of the conn
this act, or under the management of such other persona as tia of Cumberland, Robeson, Columbus, BtaoVn, Brans
ry leappointedbyihe8tockholdeis iogeBeimeeti Hai.over, Sampson, Duplin and Onslow. Thi
foresaid, for the purpose of receiving further subscriptions, tithth aisttjct SQBn be composed of the conn-ies of Wayne
for carrying oat and completing the public works aforesaid; Greene, lnoir, Jones, Craven, Cartere, Bewrrfort, pitt'
and keepsuch books open for such lerigih of time as the d Wasfiinatou and Tyrrell. The ninth district shu
said stockholders Iti general meeting as aforesaid, shall di- u Ctfmuosed of the comities of Martin, Bertie, Hertford.
rect, until the whole of the capital sura i of twenty five Northampton Gates, Chowan, Perquiroamr Paaqnotan?
thousand dollars shall have been subscribed, or so much Camden aud Currituck
thereof as by th stockholders, or a majority of them, may Sec j Ue U further emtitd That the efehr c,iott
be deemed sufficient for the rairrwes heraamfortlii which of said act, cliapter 72, Revised Slototes, shall Se. and til
said subscriptions, when so as aforewid subscribed, shall ja ierely amended, w as lo make it the daty of Z
be managed regulated 1 d controlled as is hereinbefore Sheriff, or other returning Officer of the conwies-of each of
provided and prescribed for previous suliecnptioiif. And the said districts, to meet together on the Thnrsday nex
the president and directors and stockholders are hereby iU- ftcr eacJl election, to compare the poJIa al lire places here
vested with all the powers and outhorit.es relative to the iliafter naoMjdj but in oth;r reepec,s nndtr fbe same rulw
siibscnptions set forth and contemplated in this section, (hat nnd regntions as are required by said act'. Itwi is lev uV
they are permitted to have nd exercise relative to the sub- in e first disfric,t at comt house i(J MwriMe, in tfe
scrmtious hereinbefort specified. .J county of Buncorarje; in the. second district, at Ilamptoi.villi.
.L1?' An xtJ"riker ,nt wheevf f lt in thn county of Suny; in the third district, al the court
shall be deemed expedient fora majority of the stockholders lOHse in Aibe,,,.,, in the comily of Stany. 'in ,e fou "
in eeneral meeting, in view of the co.ad.tion of their funds district at ,he court honse io Greensborough, in the com -
and the state of the subscriptions authorised m the nrece- ,f rimtf- ;.. iu fifth ,u.r .
work aforesaid, from the high lands of the White Oak
Spring Marsh, to Bennett's ' creek aforesaid, they are here
by authorized and empowered so to do.
Sec. 1 1, rfnd be it further enacted, That the said pres
ident and directors, their othcers, agents and servants, shut
have full power and authority to enter upon all lauds and
tenements, through which they may desire to conduct
tneir canal and turnpike road, and to lay out the same ac
cording to their pleasure, so that the dwelling house, kitch
en, yard or garden of no person be invaded, without his or
-her consent: And the said president and directors, or a
majority of them, are authorized and empowered to agree
with the owners of any land, through which said canal and
turnpike road are intended to pass, for the purchase thereof;
and in case of disagreement or in case the owner thereof
shall be a feme covert, undei age, non compos, or out of the
State, application by petition to ihec 'county court of the
Muhty
such application, the court shall appoint five disinterested
and impartial freeholders, to assess the damages to the own
er Irom the condemnation ot the land tor the purposes a
foresaid; no such appointment, however, shall be made un
less ten day's previous notice of the application shall hav
been given to the owner of the land, or guardian, if the
owner be an infant or non compos, if such owner or guar
dian be found within the county, or, it he or she eannot be
found, then appointment shall not be made unless notice of
the application shall have been published at least one month
next preceding in some newspaper printed as convenient as
may be to the court house pi the county, and shall have
been posted at the door of the court house on the first day
of the next preceding; s-terar-of asMti!t1t'Aua'''fi
meeting of -the said freeholders, to perform the duty assign
ed them, shall be designated in the order appointing them:
of the five freeholders so appointed, any thre" of more of
them may act, after having tbeen duly sworn, before some
Justice of the Peace, that they wiirimpartially and justly to
the best of their ability, ascertain the damages which will
be sustainedby the proprietor of the land, from the condem
nation thereof for the use ot the company; and that they
truly certify their proceedings thereupon to the county court
v. wA.- nAnri rr- r rf- - .
Sec. 12. And he it further enacted. That it shall be the
dnty or said Jreenoldera, lnpursuance of the order appoint
tng them, to assemble on the land proposed to be condemn
ed; and after viewing the same, and hearing such proper
evidence as may oe onercd by either party, they shall as
certain, according to their best judgment, thn damages
which the proprietor ot the land Will sustain by the con
demnation thereof, for the use of the company.
Sec. 13. ''nd be it further enacted That when thesaid
freeholders shall have agreed upon the amount of damage,
they shall forthwith make a written report or their proceed
ings, under their hands nnd seals, to the next term of the
court aforesaid thereafter to be held; and unless good cause
to the contrary be shown, said report shall be confirmed by
the court and entered of record; but if said report should be
disaffirmed, or if said freeholders should, from any cause,
fail to make report as required, the court may in its discre
tion, as often as may be necessary, supersede them, Or any
of t hern, appoint others in their stead, and direct another
view to be made, and report, in the manner above prescri-
dcq.
Sec. 14. And be it further .enacted, That ontheconfir
mationof any such report, and on payment or tender to the
proprietor of the land, of the damages so assessed, or the
payment of said damages into court, the land viewed, and
assessed as aforesaid, shall be Vested in the "Orapeake Ca
nal and Turnpike Company," and they shall be adjudged
to hold the same in fee simple., iu the same manner, as it
the proprietor had soid and conveyed it to them: Provided
however that ihe Quantity thus condemned, shall at no
point exceed sixty uet irom the outer margin of thecaual
and turnnike aforesaid. , .'
Sec. 15. And be'it further enacted, That all laws and
clauses of laws cotniig in conflict with the provisions here
of, to, and the same are hereby repealed.
Ratified 18th of Jannarf,4l84ri, ? .
An Act to repeal an Act, entitled 'an Act to amend an Act,
entitleJ an Act "concerning the mode of. choosing Sena,
tors and Representatives in the Congress of the Uuitcd
States," Revised Statutes, chapter "gratified the Ifth day
of January, A. D. 1843, and for the purpose of securing
( a just and proper division of the State into Congression
al Districts. .-v--:----v,-- .-i.:.., ..
Sec. 1. f' enaclrd by ihe General Astemblu of the
Slate of North Carolina, and it it hereby enacted by the
aui'toiity of the tame, That the act entitled "An Act to
amend an Act, emit led an .4ct concerning the mode of choos- j
ing Seintors nnd Representatives in the I engross of thei
United Siates," Revised Statute, chapter 72, be, and the
same is hereby repealed.
Sec. 2. Be it further enactei, That the third section of
the act, chap'er 72, Kevised Statutes, be, and is hereby "uo
altered and amended, for the purpose of electing Represen
tatives to the Congress of the United Stater, as to divide the
Stato into nine instead of thirteen districts and the said
nine districts shall be composed pf the tot low tng counties,
to wit : The first district shall l corr posed of the coun
ties of Cherokee, Macon, liny wood, Bnnconil? Henderson,
Ruthrflrd, Burke, McDowell, Yoncy, deaveland, and
Caldwell. The second, district shall be composed of the
counties of Ashe, Wilkes, Surry, Davie, Rowan, Iredell and
Catawba. The third district shall be composed of ihe
counties of Lincoln, Gaston, Mecklenburg, Union, Anson,
Stanlv. Cabarrus, Montgomery. Richmond, and Moore
Ilia fourth district shall he composed of the counties ofj
Stoke, Rockingham, Gnuford, Randolph and Davidson
The fifth district shall he composed - of the counties of!
Granville, Caswell, Person, Orni'go ni.d CI fltf prn, The
Hillsborough, in the county of Orange; in the sixth district,
at the court house in Nashville, tu the county of Nash; irj'
the seventh district, at the court house in Rlizabethtown, hu
the county of Bladen; in the eighth district, at the courthouse '
in Washington, in "he county of Beaufort; und in the ninth
di trict, at the court house in Gatesville, in the county of:
Gates.
Seci 4. Be it further enacted. That this act shall lak&
effect from and after the fourth of March next.
(ttatified'the 2nd day of January, 1847
An Act to lay off and establish a new County by the name
of Alexander.
Sec. 1. Be it enacted by the General Assembly of the
Slate of North Carolina and it is hereby enacted by the
authority of the sa me, That a new county be, and ii ts
hereby laid off and established, bv the name of Alexander.
J,he composed of farts of Uie. counts of Irlell. Caldwdh
qd.mikea.;.:i!egiiiHtng m the ...yyil.kea and Iredell Jine,.
where the same crosses the Cove Gap Road, and lunuing
thence a Westerly or North Westerly direction, as the cass
may be, so aa to strike the top of the main ridge of ihe
Brushy Mountain, near James Kobinett'g, leaving the saidi
Robinett's house on ihe south side of said tine; thence with
themain dividing ridge of said mountain to a point two
mUes east of Coxe's Knob, provided the said knob be found
on the main ridge; if not, then to a point two miles east of a
line, running the nearest and most direct course from the
top of said knob to the top of the main ridge of ihe said
Brushy Mountain; thence a direct line to the mouth of the
branch on the main rood near Steel's Old Mill; thence n
south westerly direction to a point on the Catawba River
one rutte, iri la direct line, below the jnoiilh of upper I.i.tle
River; thence down the said"Cutawba River to Nimrod IVn-'
dergrasse's; thence a north east direction to the Ferry Road;
thence with the Ferry Road to the Mountain Road; llience
a direct line to the eleven mile post, on the Statesville Road
thence a direct course to Robert G. Martin's; thence direct
to the Wilkes line, one and a half miles west of the widow
Jane Redman's; thence wtih the said Wilkes and IredelHine
to the beginning Provided, nevertheless, that it may bo
competent for, and shall be the duty of the Countv Court of
-rrtka vwuiitj,, a uiajvrrli; uf li uctlllg JllSltceS or I BO
Peace being present, at auy4erm of said Court which may
happen before the first day of June next, to appoint some
competent person of skill and probity, as a Commission, lo
ascertain the amount of the county indebtedness or )ibitt
ties of the said Court of Wilkas, for costs and charges, of
other liabilities, incurred by the said county, or with which
thesaid county is justly chargeable, up to the period at
which said appointment shall be made; and the said Corn-
ui loom ue i Duau mau nm.ct-u to ascertain ine. rateable pro
portion of the aforesaid liabilities, which would bo due from
those citizens, residing within the limits of thai portion of
the said county proposed to be stricken off by the boundary
aforesaid; and when the result of the whole shall be so as.
certained by the Commisnioner aforeaid. he shall make
full report thereof, in writing, to the County Court of;
Wilkes, at the next - succeeding term after said appoint
ment. , , ..... .
Sec. 2. Be it further enacted. That the said Countv
Court of Wilkes shall have full power and authority, at
the time the county taxes are levied in said cuiiity -to levy
and assess, upon the lands aud polls in that portion of iha
county hereby proposed to be stricken off Irom t ho said
county of Wilkes, such amount ol taxes (not exceeding in
rate the amount assessed or levied on other citizens of the
said county,) as they shall deem just nnd reasonable; and so
to continue from year to year, if necessary, nntil the whole
amount of the rateable proportions of the said citizens, as
certained as aforesaid, shall be fully paid and satisfied; and
tne snerin or outer cottecung onicer ot Wilkes county shall
have the same power and authority to collect and to enforc
the payment of the same, as, by tha existing laws, Sheri'f
nave ana possess in tne collection of public taxes. 7":
Sec. 3. Be U further enacted, Tuat for tha pirooie of
enabling the county eonrt of Wilkes, to levy taxes as prr
vided for in the preceding soctioa, tluy shult have power "
and authority to appoint a magistral within tho county of
Alexander, to take a list of the laxables within that portion
of the territory hereby proposed to ba taken from the conn
ty of Wilkes; whose duty it sha'l be to take a list thereof, "
at the same time and under the simc rules and regnlntionv
as lists of taxables are uow taken; which list, when so taken
shall be returned by thesaid mieistrateto the county court
of Wilkes, at the same time as lists are now required to bo
returned; and on failure thereof, the said magistrate wwH
forfeit and p"y the sum of fifty dollars, to bo recovered by
the connty trustree of said county, on motion to tho county
court, on giving tea day's previous notice; which forfeiture,
when collected, shall be paid into tho. court y treasury. "
Sec. 4. Be it farther enacted, That upon the roHirn af.
the tax list as aforesasd, the clerk of the conn y court of
Wilkes shall, in making out the tax books or duplicates fb
collectiOMjinctutie therein .the list returned by the magis
trate, as provided for in the Inst preoodhjg sartioni opdl'i '
Sheriff or other collecting officer s.'mll proccc V collect tbi
same as other public taxes. "
Sec. 5. Be it further mooted, Thaf nothiig herein eon
tained, shall be so construed, as to prevenf either the pre,
sent or late Sheriffs of the counties (of 1 Wilkes, Iredell mi
Caldwell, from coJIeCiing any lax which may have been
heretofore levied, us- which may he levied befpre this ac
takes effect, on tha citizens of the respective portions of thuf
counties proposed to be erepted into a separate counj,
which, by the existing law, they have a right to collect.
Sec. 0. Be if further iipr, That the county CPUS
nf Wilkaa county shall appoint one eotnmlssionei, , and tli
eounty of Alexander, wh"u organised, shall; appoint ot
comniissioner wio shall hve power q emjloy a cjmret'-il
(1'p be cpaliRue
j