CHAPTER IV. When application made. To whom. Trustee appointed. Duty of Trustee. PROCEEDING FOR APPOINTMENT OF TRUSTEES OVER THE ESTATE SEC. 40. When and by whom application to be made: Whenever any debtor is imprisoned in the Penitentiary for any term whatever, or in a County jail for any term more than twelve months, application by petition may be made by any creditor of the debtor, or by his wife, or any of his relatives, for the appointment of a trustee, to take charge of the estate of such debtor. SEC. 41. To whom application to be made: The application must be made to the Superior Court of the County where the debtor was convicted. SEC. 42. Trustee to be appointed: Upon producing a copy of the sentence of conviction of such debtor, duly certified by the Clerk of the Court, together with an affidavit of the applicant that such debtor is actually imprisoned under such sentence, and is indebted in any sum whatever, the Clerk of the Court or the Judge thereof may immediately appoint a trustee of the estate of such debtor. SEC. 43. Duty of Trustee : Every trustee under this chapter is required to pay the debts of the imprisoned debtor in the manner directed in chapter five of this act; and after paying such debts, the trustee shall apply the surplus, from time to time, to the support of the wife and children of such debtor, under the direction of the Superior Court; and whenever any such imprisoned debtor is lawfully discharged from his impris onment, the trustee so appointed shall deliver up to him all the estate, real and personal, of such debtor, after retaining a sufficient sum to satisfy the expenses incurred in the execution of the trust and lawful commissions therefor. CHAPTER V. GENERAL PROVISIONS RESPECTING TRUSTEES UNDER THIS ACT. SEC. 44. General power and duty: Any trustee appointed under the provisions of the pre-Powers and duty ceding chapter of this act, in the several cases therein contemplated, is hereby declared a trustee of the estate of the debtor, in respect to whose property such trustee is appointed, for the benefit of creditors, and is invested, from the time of appointment, with all the powers and authorities, and subject to the control, obligations and responsibilities prescribed by law in relation to personal representatives over the estates of deceased persons; but all debts shall be paid by the trustee pro rata equally. SEC. 45. Where returns made and accounts settled: Such trustee shall make his returns and have his accounts Returns, &c. audited and settled in the Court of Probate of the County, where the proceeding was had, in like manner as provided for personal representatives. SEC. 46. Oath: Before proceeding to the discharge of his duty, such trustee shall take and subscribe an oath, well and truly to execute his trust according to his best skill and understanding; which oath must be filed with the Clerk of the Superior Court. SEC. 47. More than one person may be trustee : Take oath. Court may appoint more than one The Court shall have power, when deemed necessary, to appoint more than one person trustee under any of the Trustee. Disability of Trustee. Repeal. provisions of this act; but in reference to the rights, authorities and duties conferred herein, all such trustees shall be deemed one person in law. SEC. 48. In case of disability: In case of the death, removal, resignation or other disability of a trustee, the Court making the appointment may from time to time supply the vacancy; and all proceedings may be continued by the successor in office in like manner as in the first instance. SEC. 49. Repeal: Chapter fifty nine (59) of the Revised Code, and all laws in conflict with this act are repealed. SEC. 50. When to take effect: This act shall take effect from its ratification. CHAPTER CLXIII. AN ACT TO AMEND THE CHARTER OF THE ATLANTIC, TEN- Branch of Road. Proviso. SECTION 1. The General Assembly of North Carolina do enact, That the Atlantic, Tennessee and Ohio Rail Road Company shall have power and authority to construct a branch of their Rail Road from some convenient point to the Town of Wilkesboro', in Wilkes County: Provided, That no part of the bonds authorized to be issued for the benefit of said Company by act of this General Assembly, ratified on the third day of February, Anno Domini eighteen hundred and sixty-nine, shall be used in, or in any way applied to, building the said branch, until the main line of said Road, via Taylorsville in Alexander County, is AN ACT TO AMEND CHAPTER FORTY OF REVISED CODE. amended. SECTION 1. The General Assembly of North Carolina do Chapter 40 enact, That chapter forty of the Revised Code be amended by adding the following: SEC. 2. Any proprietor in fee of swamp lands, which Cauals may be cut cannot be drained except by cutting a canal through the lands of another, or other proprietor in fee, situated at a lower level and which would also be materially benefited by the cutting of such canal, who desires that said canal be cut on the terms on which it is hereinafter allowed, may apply to the Superior Court of the County in which any of the lands through which the canal will pass may lie, as is prescribed in other cases of special proceedings. Court shall appoint Commission report. SEC. 3. On the establishment by the plaintiff of his allegations, the Court shall appoint three persons, (unless the ers to examine and parties shall agree on some one person,) who, having been duly sworn, shall examine the premises and inquire and report: 1. Whether the lands of the plaintiff can be conveniently drained, otherwise than through those of some other person; 2. Through the lands of what other persons a canal to drain the lands of the plaintiff should properly pass, considering the interests of all concerned; 3. A description of the several pieces of lands through which the canal would pass; and the present values of such PUB. 26.] Commissioners may employ Surveyor. Proprietors declared a corporation portions of said pieces of lands as would be benefited by it; and the reasons for arriving at the conclusion as to the benefit; 4. The route and plan of the canal, including its breadth, depth and slope, as nearly as they can be calculated, with all other particulars necessary for calculating its cost; 5. The probable cost of the canal and of a road on its bank, and of such other works, if any, as may be necessary for its profitable use; 6. The proportion of the benefit, (after a deduction of all damages,) which each proprietor would receive by the proposed canal and a road on its bank, and in which each ought, in equity and justice, to pay toward their construction and permanent support. 7. With their report they shall return a map explaining, as accurately as may be, the various matters required to be stated in their report. SEC. 4. The said Commissioners may employ a Surveyor to prepare the map required to accompany their report. SEC. 5. If it appear that the lands on the lower level will be increased in value twenty-five per cent. or upwards, by the proposed improvement, within one year after the completion thereof, and that the cost of making such improvement will not exceed three-fourths of the present estimated value of the land to be benefited, and that the proprietors of at least one-half in value of the land to be affected, consent to the improvement, the Court may confirm such report, either in full, or with such modifications therein, as shall be just and equitable. SEC. 6. Upon a final adjudication, confirming the report, the proprietors of the several pieces of land adjudged to be benefited by the improvement, shall be declared a corporation of which the capital stock shall be double the estimated cost of the improvements, and in which the several owners of the land adjudged to be benefited, shall be corporators, holding shares of stock in the proportions in which they |