Western Turnpike Road amended.

AN ACT TO AMEND AN ACT RELATIVE TO THE WESTERN TURN

PIKE ROAD, RATIFIED MARCH, 17тн, 1869.

SECTION 1. The General Assembly of North Carolina do enact, That an act relative to the Western Turnpike Road, leading from Asheville westward to Murphy, and thence by separate routes to the Georgia and Tennessee lines, ratified March 17th, 1869, be amended by inserting "June" for "April" whenever the latter word occurs in said act. SEC. 2. This act to be in force from and after its ratification.

Ratified the 6th day of April, A. D. 1869.

AN ACT TO AUTHORIZE THE BOARD OF EDUCATION TO SELL THE
STOCK NOW OWNED BY THE PUBLIC SCHOOL FUND IN THE
CAPE FEAR NAVIGATION COMPANY.

Board to sell stock, &c.

SECTION 1. The General Assembly of North Carolina do enact, That the Board of Education be and hereby is authorized to sell the stock now owned by the Public School Fund in the Cape Fear Navigation Company, at such price as may appear to said Board advantageous to the Public School Fund.

SEC. 2. This act shall go into effect from and after its ratification.

Ratified the 6th day of April, A. D. 1869.

AN ACT TO FORBID THE SALE OF SPIRITUOUS LIQUORS ON THE
LINE OF THE NORTHWESTERN NORTH CAROLINA RAIL ROAD.

Sale of liquors

SECTION 1. The General Assembly of North Carolina do prohibited. enact, That no person shall sell any spirituous liquors by a less quantity than five gallons within five miles of any part of the line of the Northwestern North Carolina Rail Road, on which laborers at the time of such sale shall be engaged in the construction of said Road, and any person selling contrary to the provisions of this act shall be deemed guilty of a misdemeanor; Provided, That this act shall not apply to sale in any incorporated town by persons duly licensed. SEC. 2. This act shall go into effect upon its ratification. Ratified the 6th day of April, A. D. 1869.

Proviso.

CHAPTER CXXII.

AN ACT TO REGULATE PROCEEDINGS IN THE PARTITION AND

SALE OF REAL AND PERSONAL PROPERTY.

The General Assembly of North Carolina do enact :

SECTION 1. Appointment of Commissioners:

Commissioners.

The Superior Courts, on petition of one or more persons Appointment of claiming real estate as tenants in common, shall appoint three disinterested Commissioners to divide and appropriate such real estate, or so much thereof as the Court may deem. best, among the several tenants in common.

Oath of Commissioners.

Duty of Commissioners.

Employ a Sur veyor.

Report of Commissioners.

SEC. 2. Oath of Commissioners :

The Commissioners shall be sworn by a Justice of the Peace, or other person authorized to administer oaths, to do justice among the tenants in common, in respect to such partition, according to their best skill and ability.

SEC. 3. Duty of Commissioners :

The Commissioners who shall be summoned by the Sheriff, or any Constable, must meet on the premises and partition the same among the tenants in common, according to their respective rights and interests therein, by dividing the land into equal shares in point of value as nearly as possible, and for this purpose they are empowered to subdivide the more valuable tracts as they may deem best, and to charge the more valuable dividends with such sums of money as they may think necessary, to be paid to the dividends of interior value, in order to make an equitable partition.

SEC. 4. Employ a surveyor.

The Commissioners are authorized to employ the County Surveyor, or in his absence, or if he be connected with the parties, some other surveyor, who shall make out a map. of the premises showing the quantity, courses and distances of each share, which map shall'accompany and form a part of the report of the Commissioners.

SEC. 5. Report of Commissioners :

The Commissioners, within a reasonable time, not exceeding sixty days after the notification of their appointment, shall make a full and ample report of their proceedings, under the hands of any two of them, specifying therein the manner of executing their trust and describing particularly the land or parcels of land divided, and the share allotted to each tenant in severalty, with the sum or sums charged on the more valuable dividends to be paid to those of inferior value. The report shall be filed in the office of the Supe

rir Court Clerk, who shall give the parties or their attorneys. ten days notice to file exceptions thereto, before any motion to confirm such report is heard.

SEC. 5. Decree of confirmation, effect of:

ation, effect of.

Such report when confirmed, together with the decree of Decree of confirmconfirmation, shall be enrolled and certified to the Register, and registered in the office of the County where such real estate is situated, and shall be binding among and between the claimants, their heirs and assigns.

SEC. 7. Where land lies in several Counties:

In cases where the real estate lies in several Counties, the petition may be exhibited in the Superior Court of any one of such Counties, in which a part thereof is situated.

SEC. 8. Sums to bear interest:

The sums of money due from the more valuable dividends shall bear interest until paid.

SEC. 9. Sums charged on minors, when payable:

When land lies in several Counties.

Sums to bear interest.

Sums charged on minors, when paya

When a minor, to whom a more valuable dividend shall fall, is charged with the payment of any sum, the money ble. shall not be payable until such minor arrives at the age of twenty-one years, but the general guardian, if there be one, must pay such sum whenever assets shall come into his hands, and in case the general guardian shall have assets which he did not so apply, he shall pay out of his own proper estate any interest that may have accrued in consequence of such failure.

SEC. 10. Compensation of Commissioners, penalty:

Commissioners and

penalty.

The Commissioners shall be allowed, each of them, the Compensation of sum of one dollar per diem for their services, and if, after accepting the trust, they or any of them unreasonably delay or neglect to execute the same, every such delinquent Com

Costs.

Sale of real estate, how application to be made.

When sale to be ordered, and term.

Notice of sale.

Who authorized to sell.

missioner shall be liable to the penalty of fifty dollars, to be recovered by action by the petitioners.

SEC 11. Costs.

The compensation of the Commissioners, the expenses incurred for surveying, and all fees and costs of the proceeding shall be paid as the Court may direct.

SEC. 12. Sale of real estate, application, how to be made : Application for the sale of real estate held in common may be made by petition preferred in the Superior Court of the County where such real estate or some part thereof lies, by one or more of the parties interested therein.

SEC. 13. When sale to be ordered, and terms :

Whenever it appears by satisfactory proof that an actual partition of the lands cannot be made without injury to some or all of the parties interested, the Court shall order a sale of the property described in the petition, or any part thereof, on such terms as to size of lots, place or manner of sale, time of credit and security for payment of purchase money, as may be most advantageous to the parties concerned, and, on the coming in of the report of sale and confirmation thereof, the title shall be made to the purchaser or purchasers at such time and by such person as the Court may direct.

SEC. 14. Notice of sale:

The notice of sale, under this proceeding, shall be the same as required by law on sales of real estate by Sheriff's on execution.

SEC. 15. Who authorized to sell:

The Court may authorize any officer thereof, or any other competent person, to be designated in the decree of sale, to sell the real estate under this proceeding. Such officer, or person, shall file his reports of sale, giving full particulars