any lien or other claim held by this State on the subject matter so conveyed, it being the intent and meaning of this act that the State shall be in the position and have the rights of a second mortgage, subordinate to the liens created Second mortgage by the mortgage or trust deeds aforesaid; that before the said Chatham Rail Road Company shall make or sell any portion of the first mortgage bonds authorized by sections one and two of this act, they shall deliver to the Public Treasurer a second mortgage upon all their estate, both real and personal, which they may now have, or may hereafter acquire, between the City of Raleigh and the terminus of said Rail Road to the South Carolina line, at or near Cheraw, South Carolina, said second mortgage bonds to be in all other respects the same as the first mortgage bonds now held by the State, bearing the same interest and payable in the same manner; and the President of the said Chatham Rail Road Company shall also deposit with the Public Treasurer the sum of one hundred and forty-four Treasurer to dethousand dollars of first mortgage bonds, to be applied to the payment of the interest on the second mortgage bonds. SEC. 3. Any County along the line of the said Chatham Rail Road may subscribe to the capital stock of the Company, to such amount as a majority of the Commissioners of said County may determine, subject to the approval of a majority of the qualified voters of the County; and said. Commissioners, in order to pay the said subscription, shall have power to issue bonds or other evidences of debt, at a rate of interest not to exceed eight per cent. per annum; said bonds to be issued in such manner and form, payable at such time and place, and authenticated in such manner as they may determine.

posit.

County may subscribe.

tax to pay interest.

SEC. 4. In order to pay the principal and interest of the Special Courty bonds issued as aforesaid, the Commissioners of the County, subscribing as above mentioned, shall levy and collect annually, in such manner as is directed by law in case of taxes for other County purposes, a tax sufficient to pay the annual interest, and they may levy and collect a further tax

No subscriptions made tili question submitted.

to be used in extinguishment of the principal, or else to be invested as a sinking fund for the ultimate redemption of the principal.

SEC. 5. No subscription shall be made by the Commissioners of any County as above mentioned until the question of approval or disapproval of such subscription, the issue of bonds or other evidence of debt, and the authority to levy taxes to pay the interest and provide for payment of the principal of the bonds, shall be submitted to the qualified voters of the County, and shall be approved by a majority of those voting. The election shall be held at the usual places of voting. Thirty days' notice shall be given by advertisement in at least two newspapers published in the County, if there be any, at the Court House door, and Publication to be at each of said election precincts. If there be no news

made.

Commissioner: to ake measures.

papers published in the County, then the advertisement shall be published in some newspaper having, in the opinion of the Commissioners, the widest circulation in the County. The advertisement shall contain a copy of this act, as well as the amount proposed to be subscribed by the Commissioners, and the amount of bonds or other evidences of debt proposed to be issued. Those approving the proposition shall deposit in the ballot box ballots with the printed or written word "approved;" those disapproving the same shall deposit ballots with printed or written words, "not approved;" and if a majority of said voters shall vote approved," they shall be deemed to ratify and approve the subscription and debt proposed to be made and the tax proposed to be levied.

66

SEC. 6. The Commissioners of any County proposing to subscribe for stock as aforesaid, shall have authority to take all measures consistent with this act, and the laws of the State, for registration of voters, holding the election and returns of the result of the same; and if said subscription be approved, they shall have power to take all measures proper for carrying the same into effect.

tions.

SEC. 7. The Chatham Rail Road Company shall have Receive subscrippower to receive subscriptions to its capital stock, payable in real or personal property at such valuation as may be agreed on between the Company and the subscriber. It shall not be necessary for the wife to join her husband in the conveyance of any right of way or other interest in real estate of the husband, for any purpose to said Company in order to pass her right of dower or other marital right therein.

mortgages.

SEC. 8. The said Company shall have power to take all Securities and such securities and mortgages of real and personal estate as it may deem proper to secure the faithful performance of contracts for the construction and repair of said Road, and the buildings and other things incident thereto. Ratified the 10th day of April, A. D. 1869.

CHAPTER CLXXXIII.

AN ACT SUPPLEMENTAL ΤΟ AN ACT ENTITLED AN ACT ΤΟ
RAISE REVENUE.

SECTION 1. The General Assembly of North Carolina do enact, That whenever the words Clerk of the County Commissioners occurs in section four of Schedule C, the words "Clerk of the Superior Court" be substituted therefor.

SEC. 2. That this act shall go into effect after its ratifica

tion.

Ratified the 10th day of April, A. D. 1869.

CHAPTER CXXXIV.

AN ACT TO PROVIDE FOR A SYSTEM OF PUBLIC INSTRUCTION.

The General Assembly of North Carolina do enact as follows:

BOARD OF EDUCATION.

Board of Education.

Public School Fund.

Studies, textbooks, &

Auditor to keep separate account.

Treasurer.

SECTION 1. That the Governor, Lieutenant Governor, Sceretary of State, Treasurer, Auditor, Attorney General, Superintendent of Public Instruction and Superintendent of Public Works, do ccnstitute a Board of Education, and shall meet at such times as a majority of the Board shall appoint: Provided, That the Governor may assemble the members of said Board any time at his discretion.

SEC. 2. The Board of Education may, from time to time, as the same shall accumulate, securely invest the Public School Fund in bonds and securities of the State or of the United States.

SEC. 3. The Board of Education shall prescribe the course of studies to be pursued, text books and other school teaching material to be used in the public schools of the State: Provided, That no sectarian or political text books shall be used. Also, the manner of examining and approbating teachers.

SEC. 4. The State Auditor shall keep a separate and distinct account of the public school fund, and of the interest and income thereof, also of such moneys as may be raised by State, County and capitation tax, or otherwise, for school purposes. He shall draw his warrant on the State Treasurer in favor of any County Treasurer, whenever such County Treasurer shall present an order from the Board of Education.

SEC. 5. The State Treasurer shall be Treasurer of the Board of Education.

SEC. 6. The State Treasurer shall receive, and hold as a special deposit, all school funds paid into the Treasury, and pay them out only on the warrant of the State Auditor, issued on the order of the Board of Education, attested by the seal of the State Board of Education, in favor of each County Treasurer, which order, duly endorsed by the County Treasurer, shall be only valid vouchers in the hands of the State Treasurer for the disbursement of the aforesaid school money.

Fund distributed.

SEC. 7. The net annual income of the public school fund shall be distributed among the several Counties of the State, in proportion to the number of children to be instructed, at such time as the Board of Education shall direct. SEC. 8. The share of the public school fund to which Fund paid to County Treasurer. each County shall be deemed to be entitled, shall be paid to the County Treasurer, or his lawful attorney, upon the order of the Board of Education and the warrant of the Auditor.

Treasurer.

SEC. 9. All moneys belonging or owing to the public Moneys paid to school fund, or accruing as revenue therefrom, shall be paid to the Treasurer of the Board of Education, and shall not be paid out, except by order of the Board of Education and on the warrant of the Auditor.

Commissioners to

levy tax.

SEC. 10. The County Commissioners shall, in their respective Counties, order a tax for the purchase of sites for school houses, for building or renting school houses: Provided, Proviso. That such site cannot be obtained by donation or otherwise; which said tax shall be assessed and collected in the same manner as the County taxes, and the Sheriff or collector shall collect and pay over the same to the County Treasurer, in the same way as other taxes, and his bonds shall contain a condition for the faithful collection and payment of the school taxes; and for a breach of the conditions the County Commissioners shall have the same remedies against him and his sureties as are given to the County Commissioners for enforcing the payment of ordinary County funds.