Vey, &c. sheltered, medicined and guarded and returned to the state penitentiary at Raleigh within twelve months after Expenses of sur. received. That the members of the board of special com missioners on the part of Jones county are authorized to draw orders on the board of commissioners of Jones county to pay all expenses incurred in surveying and constructing said road in Jones county, and likewise the members of said board of special commissioners on the part of Onslow county are authorized to draw orders upon the board of commissioners of Onslow county for all expenses incurred in surveying and constructing said road in Onslow county. No compensation SEC. 5. That the state shall receive no compensation for the public lands through which said road shall pass. SEC. 6. This act shall be in force from and after its rati. fication. Ratified the 14th day of March, A. D. 1879. to state for condemned land. CHAPTER 261. AN ACT TO REGULATE PILOTAGE OVER THE BAR OF OCRA COKE INLET AND OVER THE SWASH. Fees for photo over Orracole In. The General Assembly of North Carolina do enact : SECTION 1. That all vessels of five tons burden and uplet and the Swash. ward owned by persons living outside the state of North Carolina shall pay for pilotage over the bar of Ocracoke Inlet, whether passing in or out over said bar, ten cents per ton, and two dollars in addition for each vessel passing in or out over the swash ; and all vessels owned by persons living within the state shall pay on all vessels of fifty ton burden and upwards ten cents per ton for pilotage in or out over the bar of Ocracoke, and two dollars for pilotage in and out over the swash. SEC. 2. This act shall be in force from and after its ratification. Ratified the 14th day of March, A. D. 1879. CHAPTER 262. AN ACT TO AUTHORIZE THE WESTERN NORTH CAROLINA RAILROAD COMPANY TO CONTRACT FOR THE BUILDING OF ap The General Assembly of North Carolina do enact : tract for building will agree to build any bridge or bridges that may be of bridges. needed on the lines of the Western North Carolina Railroad and receive in payment for the use of the same out Terms. of the earnings of said railroad a rate of interest on the cost of such bridge or bridges not exceeding eight per cent. per annum, the president and directors of the said Western North Carolina Railroad Company, with the proval of the governor, may contract with any such person, company or corporation for the building of such bridge or bridges on the terms aforesaid. SEC. 2. That in case any bridge or bridges shall be Thale to vest in built by virtue of any contract under the preceding section, the title to the same shall vest in the person, company or corporation that may build the same: Provided, the said Western North Carolina Railroad Company shall have and perpetually enjoy the free and uninterrupted right of way over the same in as ample a manner as if the said bridge or bridges were the property of the said railroad company, upon the payment out of the earnings of the said road of the rate of interest not exceeding eight per cent. on the cost as aforesaid that may be agreed opt And provided further, that the said Western North Caro- Proviso. builder. lina Railroad Company at any time after ten years from the completion of any such bridge or bridges shall have the right to acquire the same upon the payment to the owners thereof the original cost of the same, and upon the payment of such original cost the title to such bridge or bridges shall vest absolutely in said Western North Carolina Railroad Company. SEC. 3. This act shall take effect from and after its ratification. Ratified the 14th day of March, A. D. 1879. CHAPTER 263. Penitentiary board to furnish con victs. Convicts employed on W. N. C. R. R. AN ACT TO SECURE CONVICT LABOR FOR THE PURPOSE OF The General Assembly of North Carolina do enact: SECTION 1. That there shall be assigned by the proper authorities to the commissioners of the counties of Beaufort and Pamlico respectively twenty convicts for the purpose of draining and making the public roads, one leading from the town of Aurora, in Beaufort county, to Bayboro, in Pamlico county, and one from the head of Lower Broad creek, in Beaufort county, to some point on the Plymouth road, in Washington county, the said convicts to be furnished upon the same conditions as to the other public works of the state in which the state has no direct interest. SEC. 2. That nothing in this act shall be construed to not to be reduced reduce the number of convicts employed on the Western North Carolina Railroad below five hundred. below five hun dred. SEC. 3. This act shall be in force from and after its ratification. Ratified the 14th day of March, A. D. 1879. CHAPTER 264. AN ACT TO REDUCE THE COSTS OF CRIMINAL PROSECUTIONS. The General Assembly of North Carolina do enact : fore grand jury to dance. SECTION 1. That no witness shall hereafter receive pay When witness be for attendance in a criminal case before a grand jury un- be paid for attenless such witness shall have been summoned by direction in writing from the foremam of the grand jury, or from the solicitor prosecuting, addressed to the clerk of the court, commanding him to summon such witness, stating the name or names of the parties against whom his or her testimony may be needed, or shall have been bound or recognized by some justice of the peace to appear before the grand jury. the trial of crimi paid for atten SEC. 2. No person shall hereafter receive pay as a wit- When witness on ness for the state on the trial of any criminal action un- nal action to be less such person shall have been summoned by the clerk dance. under the direction of the solicitor prosecuting in the court in which the action originated, or in which it shall be tried if removed; and no solicitor shall direct that Not more than two more than two witnesses shall be summoned for the state of misdemeanor to in any prosecution for a misdemeanor, nor shall any county or defendant in any such prosecution be liable for or taxed with the fees of more than two witnesses, unless the court, upon satisfactory reasons appearing, shall otherwise direct. witnesses on trial be paid, unless otherwise. court shall direct justice in crimi SEC. 3. That when either the complainant or defendant on appeal from shall appeal from the judgment of a justice of the peace, nal action, only in any criminal action, it shall be the duty of such justice be recognized. two witnesses to Additional witnesses summoned Solicitor to discharge witnesses, &c. of the peace to select and bind over on behalf of the state not more than two witnesses, and neither the county nor the defendant or other party shall be liable for the fees of more than two witnesses on such appeal, unless additional by order of court. witnesses shall be summoned by order of the court ap pealed to as provided in the preceding section. SEC. 4. That it shall be the duty of all solicitors prosecuting in the several courts of this state, as each criminal prosecution shall be disposed of by trial, removal, continuance or otherwise, to call and discharge the witnesses for the state, either finally or otherwise, as the disposition Certificate of at of the case may require; and he shall give to each wit ness so discharged a certificate of the number of days that such witness may have attended during the term. The said certificate shall be in the following or similar form, to-wit: tendance. NORTH CAROLINA,} COURT, STATE VS. I certify that ......... has attended as a witness for the state and is entitled to payment for .... day's attendance at this term. Solicitor. No witness fees to be taxed unless certificate filed with clerk. And no county, prosecutor or defendant shall be liable for or taxed with the fees of any witness for the state in any criminal prosecution unless such witness shall obtain and file with the clerk a certificate as aforesaid, nor for a number of days greater than that stated in such certificate. The clerk shall furnish the solicitors several blanks in the foregoing or similar form, for which he shall be paid by the county. Sec. 5. It shall be the duty of the clerks of the courts of the state at each term of the court to make up a Bill's of costs in criminal actions. |