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63. CAP.

Sec. 7. Be it further enacted, That this act shall be in force from and after its ratification, and that all laws and clauses of laws, coming in conflict with its provisions, be, and they are hereby repealed. [Ratified the 20th day of December, 1862.]

AN ACT FOR THE SUPPORT OF THE INSANE ASYLUM OF NORTH- Chan. 2.

1. CAROLINA.

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SECTION 1. Be it enacted by the General Assembly of the Appropriation. State of North-Carolina, and it is hereby enacted by the authority of the same, That for the purpose of supporting and maintaining the insane asylum for the years 1863 and 1864, . and for the further purpose of indemnifying the treasurer of the State for the sum of fourteen thousand, five hundred dollars, drawn from the treasury over and above the amount appropriated by law for the years 1861 and 1862, the sum of one hundred and thirty-nine thousand dollars is hereby appropriated... SEC. 2. Be it further enacted, That the treasurer of the Treasurer to

pay from time State be, and he is hereby authorized and required to pay to time." to the order of the executive committee for the insane asylam, from time to time for the support of the asylum, for the years 1863 and 1864, so much of the sum of one hun. dred and twenty five thousand dollars, as may be necessary, provided the aggregate amount for each year shall not exceed the sum of sixty-two thousand, five hundred dollars, (562,500.) ;

Sec, 3. Be it further enacted, That this act shall be in full force and effect from and after its ratification. [Rati, fied this 20th day of December, 1862.]

AUDITOR OF PUBLIC ACCOUNTS.

Chap. 3.

AN AOT TO ESTABLISH THE OFFICE OF AUDITOR OF PUBLIC

ACCOUNTS.

Auditor, to be SECTION 1. Be it enacted by the General Assembly of the bieppially eleoted. State of North-Carolina, and it is hereby enacted by the

authority of the same, That an auditor of public accounts shall be biennially elected by the General Assembly in the same manner as the public treasurer is elected, who shall enter upon the duties of his office on the first day of January, and continue in office for two years, and until his

successor is appointed. Auditor to give Sec. 2. Be it further enacted, That the person thus elecbond, &c.

ted auditor, before entering upon the duties of his office, shall give bond, with sufficient sureties, in the sum of twenty-five thousand dollars, payable to the State of North Carolina, conditioned for the faithful performance of his duties, which bond shall be taken by the Governor and deposited in the office of treasurer for safe keeping, and he shall also take before some justice of the peace the oath prescribed by law for the qualification of public officers,

and likewise an oath of office. Duties of A Sec. 3. Be it further enacted, That it shall be the duty of ditor,

the anditor aforesaid to receive, audit and adjust all acconnts or claims against the State arising out of the military service or in the civil administration of the government, ascertain and certify the amounts or balance if any due thereon, with the vouchers and evidence, and file the same in the office of the comptroller; the auditor shall also keep accounts in books prepared for that purpose of all claims so andited and adjusted, and of the public property in the custody or care of any officers or agents entrusted with the purchase or care of the same, and shall perform such other duties as

may be prescribed by law. What claims SEC. 4. Be it further enacted, That all claims that may dited. be presented against the State for expenses incurred for

arming, equipping, subsiste"ce and transportation of troops, inunitions of war, bounty paid to said troops, either in the military or naval service of the State, and other expenses

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incurred in the public defence, shall be audited and settled by said auditor upon principles of equity and justice, and according to the rales established by the existing board of claims in similar cases... .

SEO. 5. Be it further enacted, That upon the certificate of Governor's the auditor, the Governor shall issue his warrant on the treasurer in favor of the claimant for the amonnt certified to be dne him. a: air

SEC. 6. Be it further enacted, That the auditor shall be Auditor's sala. entitled to receive a salary of twenty-five hundred dollars a *** year for his services, to be paid as prescribed in chapter 102, • section 1, Revised Code, and he shall also have power, if he deern it necessary, to appoint not exceeding two clerks at a salary of $1,000 each per year.

Sec. 7. Be it further enacted, That this act shall be in force immediately after its ratification. [Ratified this 20th day of December, 1863.]

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TO AMEND AN AOT ENTITLED “AN ACT FOR THE RE- Chap. 4.

LIEF OF THE BANKS AND THE PEOPLE.”

tended to this

SECTION 1. Be it enacted by the General Assembly of the Act of 1861 er. State of North Carolina, and it is hereby enacted by the ar- Bane. thority of the same, That an act passed and ratified the 24th day of November, 1860, chap. 4, be and the same is hereby extended, so as to include in its provisions the bank of Thomasville.

Seo. 2. Be it further enacted, That this act shall be in force from and after its ratitication. [Ratified this 22d day of December, 1862.)

CHEROKEE LANDS.

Chap. 5.

AN ACT TO AUTHORIZE THE AGENT OF CHEROKEE LANDS TO RE

FUND THE PURCHASE MONEY IN CERTAIN CASES.

txin cases.

Purchase mo- SECTION 1. Be it enacted by the General Assembly of the -ney to be refunded in cer- State of North-Carolina, and it is hereby enacted by the au

thority of the same, That the agent for Cherokee lands, be and he is hereby authorized to refund the purchase money with interest to the purchasers of unsold surveyed lands aathorized to be brought into market in the 7th section of the 169th chapter of acts of the General Assembly of 1852, wherein the tracts so purchased had been previously donated by an act of the General Asseinbly to companies or. individuals for the erection of iron works.

Sec. 2. Be it further, enacted, That the agent be allowed a credit for the moneys so refunded in settlement with the treasurer of the State.

Sec. 3. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified this 12th day of December, 1862.]

COUNTY RECORDS.

' Clap, 6.

AN ACT FOR THE RELIEF OF SUCH PERSONS AS MAY SUFFER

FROM THE BURNING OF THE COURT HOUSE AND RECORDS OF
HERTFORD COUNTY.

WHEREAS, in the month of February last, the court house and records of Hertford county, by the federal army were destroyed by fire, and whereas great inconvenience and injury may happen therefrom to the people, and for remedy whereof,

SECTION 1. Be it enacted by the General Assembly of the

State of North-Carolina, and it is hereby cracted by the artCopies of re- thority of the same, That whenever the office of any regisreived in exile try shall have been, or niay be destroyed by fire or other

accident and the records thereof be burnt or destroyed, the copies of all such proceedings, instruments and papers as are of record or registry, certified by the proper officer,

dence.

rs to be recorded.

though withont the seal of office, shall be received in evi. dence wherever the original or duly certified exemplifica- * tions wonld be.

SEC. 2. Be it further enacted, That all-such copies, wken To be recorded. the court shall be satisfied of the genuineness, may be ordered to be recorded or registered.

Sec. 3. Be it further enacted, That all original papers Original paonce admitted to record or registry, whereof the record per

Cor or registry is destroyed, may, on motion, be again recorded or registered, on such proof as the court shall require. Whenever any conveyance of real estate, or Whenever con

veyance of real any right or interest therein shall have been lost, the regis. estate is lust, fry thereof being also destroyed, any person claiming nnder lishe bousta! the same, may cause the boundaries thereof to be establish- ries, &c.; ed in the manner provided for processioning land, or he may proceed in the following manner to establish both the boundaries and the nature of his estate: He shall file his petition, setting forth the location and boundaries of his land, whose land it adjoins and the estate claimed therein, and praying to have his own boundaries established, and the nature of his estate declared. All persons claiming any estate in the premises, and those whose lands adjoin, shall be notified of the proceedings, and thereupon, unless they or some of them shall by answer on oath, deny the truths of the matter alleged or some of them, the court shall order a surveyor to rnn and designate the boundaries of the petitioner's land, return his survey with the plot thereof to the court, which, when confirmed, shall with the declaration of the court as to the nature of the estate of the petitioner, be registered, and have as to the persons notified, the effect of & deed for the same, executed by the person possessed of said land next before the petitioner; Provided, however, That in cases wherein the process of surveying shall be disputed, and the surveyor shall be forbidden to proceed by any person interested, the same proceedings shall be had as in like cases of processioning land. The petitioner shall set forth the whole substance of the conveyance as truly and specifically as he can, and if any of the persons notified shall by answer deny the truth thereof, the court may canse proper issues to be snbmitted to a jury concerning the exe

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