who shall register the voters in such Town in the manner and according to, and under the regulations prescribed by, the act entitled "An act to provide for the registration of voters," ratified August twenty-fourth, eighteen hundred and sixty-eight, and also two electors for each precinct who, with the Register, shall be Judges of election and hold the election herein provided, and who shall return the vote cast to the Sheriff of their County within three days after such election, who shall thereupon issue certificates of election to the officers duly elected thereat.

Sheriff shall issue certificates.

SEC. 3. That the municipal officers elected under the Term of office. authority of this act shall hold their offices until the next

regular election on the first Monday of January, Anno

Domini, eighteen hundred and seventy.

SEC. 4. That all municipal elections held in the incorpo- Elections legali: ed rated Towns of this State on the first Monday in January,

Anno Domini, eighteen hundred and sixty-nine, are hereby

legalized and made valid.

SEC. 2. That this act shall take effect from and after its ratification.

Ratified the 3d day of February, A. D. 1869.

CHAPTER XXXIV.

AN ACT TO REPEAL AN ACT PROVIDING FOR FURNISHING THE

EXECUTIVE MANSION.

Executive Mansion

SECTION 1. The General Assembly of North Carolina do Act furnishing enact, That an act providing for furnishing the Executive repealed. Mansion, passed Special Session, Anno Domini eighteen hundred and sixty-eight, be, and the same is hereby repealed. Provided, That nothing in this act shall be so construed as

Expenditures not to invalidate the expenditures already made by the Gov

invalidated.

ernor under the provisions of said act.

SEC. 2. That this act shall be in force from its ratification.

Ratified the 8th day of February, A. D. 1869.

AN ACT TO LEGALIZE CERTAIN OFFICIAL ACTS OF THE CHAIRMAN
OF THE LATE COUNTY COURTS OF THIS STATE.

Preamble.

WHEREAS, By an act of the Legislature of North Carolina, ratified on the second day of March, eighteen hundred and sixty-seven, giving to the Chairman of the late County Courts of this State the authority to make privy examination of feme coverts in the conveyance of real estate; and whereas, under some misconstruction of the law, such examination was made in various instances at a time when the Court was not in session, and at a place other than at the Court House, since which doubts have arisen as to the legality and binding force of such examination: therefore, SECTION 1. The General Assembly of North Carolina do as if Court was in enact, That every such examination made by any Chairman of the County Court of this State, at any time when the said County Court was not in session, and at any place other than at the Court House of each County, have the same effect as if the said examination had been made during the session of the Court, and at the Court House, and in conformity to the law in all other respects.

Examination made to have same effect

session.

Repealing clause.

SEC. 2. All laws coming in conflict with this act are hereby repealed.

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

Ratified the 8th day of February, A. D. 1869.

CHAPTER XXXVI.

AN ACT TO ESTABLISH A TURFPIKE ROAD FROM MARION, IN THE
COUNTY OF MCDOWELL, TO ASHEVILLE, IN THE COUNTY of

BUNCOMBE.

to be laid out.

SECTION 1. The General Assembly of North Carolina do enact, That there shall be laid out and established a Turn- Turnpike Road pike Road from Marion, in the County of McDowell, to Asheville, in the County of Buncombe, to run as follows: Crossing the Blue Ridge at Gillespie's Gap, thence to Bakersville in the County of Mitchell thence to the Town of Burnsville (via Burloson's Mill on Cane Creek, in Mitchell County,) in Yancey County, thence by the Ivy Gap to Asheville.

SEC. 2. That the said Road shall be made thirty feet Width of Road. wide, except where there shall be side cuttings, and in such places it shall be twenty feet wide, and in no part of the Road shall it rise in ascending any hill or mountain more than one foot in sixteen, and to be well made as herein directed.

Engineer and Com

SEC. 3. That it shall be the duty of the Superintendent Appointment of of Public Works to appoint a competent Engineer and two missioners. Commissioners to survey and locate said Road, who shall first take oath before some Judge of the Superior Court to faithfully discharge their duties for the best interest of the State.

Assessment of damages to owners

SEC. 4. That if the owner of any lands through which said Road shall pass, shall consider him or her or themselves of land. injured thereby, it shall be competent for such person or persons by petition to the County Commissioners of the County in which the damage is done, praying for a jury to view the premises and assess the damages sustained, and it shall be the duty of the Commissioners to order such jury to be summoned, as in case of such public roads, and it shall be the duty of the jury to take into consideration the advantage to the land, as well as the injury done, by the making

Public Works to

Road.

of said Road, and on report of the jury made to and confirmed by the Commissioners, the damage shall be paid by the County in which the damage is done.

Superintendent of SEC. 5. That upon the report of said Engineer and Comcontract for building missioners herein directed to be appointed, showing that they have performed the duty herein required of them, it shall be the duty of the Superintendent of Public Works to let out and contract for the building of said Road, in lots not to exceed one mile in length, each to be let to the lowest bidder, and the Superintendent of Public Works shall appoint some proper person to superintend and direct the making of said Road.

Laborers required to work Road under penalty.

Yancey and McDowell Turnpike

SEC. 6. That the Superintendent of Public Works shall provide in said contracts that no part of the price for making any lot of said Road shall be paid, until the lot is completed and received.

SEC. 7. That when said Road is completed, all laborers subject to work on public roads, living within two miles of said Road, shall be required to perform six days' labor in each year on said Road, under the same penalty as other hands are under for failing to work on public roads, and they shall be free from working on all other roads.

SEC. 8. That that portion of Yancey and McDowell Road taken as part. Turnpike Company's Road from Marion to Bakersville, may be taken as part of this Road. Whenever the said Engineer may locate this Road upon said Turnpike, and said Turnpike is discontinued from Marion to the Town of Bakersville, and the interest of the State in the same is hereby transferred to the portion of the Yancey and McDowell Turnpike, between Bakersville and the top of the Iron Mountain, and given for the purpose of constructing as aforesaid.

States interest transferred.

Amount appropriated to be paid on warrant of Governor, &c.

SEC. 9. That fifty thousand dollars is hereby appropriated for the construction of said Road, to be paid on the warrant of the Governor by the Public Treasurer, and the Governor shall issue his warrant therefor, whenever, from time to time, the Superintendent of Public Works and the agent

for construction, to be appointed under section five, shall certify to him that any lot of said Road has been completed and received as provided herein.

SEC. 10. That a tax of one hundredth of one per cent., or one cent on the one hundred dollars' worth, is hereby levied and shall be paid upon all the property of this State, upon which the General Assembly shall levy taxes for the purpose of internal improvement, one-half of which, or one half cent on the hundred dollars, shall be collected for the year eighteen hundred and sixty-nine, and the other half for the year eighteen hundred and seventy.

Tax levied for 1869-'70.

intendent, Commis

neer.

SEC. 11. That said Commissioners for laying out of said, Per diem of SuperRoad, and the Superintendent for the construction thereof, sioners and Engishall receive each the sum of three dollars per day for the time they are actually employed, and the Engineer aforesaid shall receive the sum of one hundred dollars per month in addition to his actual expenses.

SEC. 12. That said Road shall be commenced first at Where commenced Marion, and shall be placed under contract all the way

through as soon as possible after the completion of the

survey.

SEC. 13. That a Road shall be laid out in the manner provided in this act, from Bakersville, in Mitchell County, to Sparta, in Alleghany County, via Boone, in Watauga County, and Jefferson, in Ashe County. That fifty thousand dollars is hereby appropriated for the construction of said Road from Bakersville to Sparta, in Alleghany County, to be paid and expended for the construction of said Road, in the same manner and under the same rules and regulations as provided in sections nine and ten of this act.

SEC. 14. That a Road shall be laid out in the manner provided in this act, from the southern terminus of the Caldwell and Watauga Turnpike Company, at or near Patterson's Factory, via Lenoir, Caldwell County, to either Hickory Station or Icard's Station on the Western North Carolina Rail Road. That fifteen thousand dollars is hereby appropriated for the construction of said Road from a point

A Road from Bakersville to Sparta.

Additional Road.