North Carolina - Acts on Education Topics

An Act to Estalish a House of Correction and Refuge in the County of New Hanover.

1872-73 Public Laws: Chapter CLXIII

Public Laws of the State of North Carolina Passed in 1872-73 - Pages 267-275.

Section 1. The General Assembly of North Carolina do enact, That the commissioners of New Hanover County may establish in said county a House of Correction and Refuge, which shall be located within the limits of the city of Wilmington, or at some point not exceeding five miles distant from the city of Wilmington, under the provisions of article one [actually, article eleven], sections four and five of the Constitution of the State; and full power is hereby given to the commissioners of New Hanover County to carry out and establish the same as hereinafter provided.

Sec. 2. The management of said House of Correction and Refuge at all times shall be under the general supervision of the county commissioners. The immediate control of the House of Correction and Refuge is hereby vested in a board of managers, who shall be styled the "Managers of the House of Correction and Refuge of New Hanover County," which board shall consist of five members, of which the chairman of the board of county commissioners of New Hanover County and the mayor of the city of Wilmington shall each be ex officio members; the other three members of said board of managers, who shall be citizens of New Hanover County, shall be appointed by the Governor of the State of North Carolina for the respective terms of one, two and three years each; and after the expiration of the first year one manager shall be annually appointed by the Governor. In case of vacancy at any time the Governor shall appoint; but in case of failure of the Governor to appoint, then the member or members, whose term of office has expired, shall hold over until a legal successor shall be provided. The board of managers shall, at their first meeting after the passage of this Act, and the proper qualification of each member thereof by taking an oath to perform the duties of the office of manager of the House of Correction and Refuge, proceed to organize by appointing and electing one of their number as chairman, who shall hold the office for one year, or until his successor is chosen. The board may at the same time elect a secretary and treasurer, whose compensation shall be fixed, and whose duties shall be defined. The offices of secretary and treasurer may be conferred on the same person. The treasurer shall be required to give a bond, with securities, in the penalty of ten thousand dollars ($10,000), payable to the State, or more, in the discretion of the said board of managers, conditioned for the proper performance of his duties, and the use of and the proper accounting for all the moneys which may come into his hands.

Sec. 3. The persons by this Act appointed and to be appointed as managers of the House of Correction and Refuge of New Hanover County, and their successors are hereby declared to be, and are by this Act created, a body corporate and politic under the name and style of "The Managers of the House of Correction and Refuge of New Hanover County," and by such may acquire, hold and convey real and personal estate, sue and be sued, plead and be impleaded in the courts of the State; have a common seal and perpetual succession for the purposes indicated in this Act: Provided, That no more real estate than is necessary for the proper use of and establishment of said House of Correction and Refuge shall be acquired by purchase: Provided further, That nothing herein contained shall be construed to prevent the said managers from receiving donations by deed or gift or will or otherwise, of any real or personal estate for the use of said House of Correction and Refuge; and all real and personal estate acquired by or for the use and benefit of said House of Correction and Refuge are hereby vested in the said board of managers of the House of Correction and Refuge of New Hanover county and their successors forever.

Sec. 4. Annually the board of managers aforesaid shall estimate the amount of money, which in their judgment, will be required for the support of said House of Correction and Refuge for the twelve months next ensuing; they shall report the amount necessary as aforesaid to the board of county commissioners of New Hanover County, on or before the first day of April in each and every year. Upon the approval of the report of managers aforesaid, the commissioners of the county of New Hanover are by this Act authorized to levy a tax upon all subjects taxed by the State, and cause the same to be collected by the sheriff of New Hanover County in the same manner and at the same time that other public taxes are levied and collected. In the estimates for the first year may also be included an estimate for the erection of proper buildings, fences, laying out grounds, and for the purchase of such articles as may be deemed necessary for the profitable employment, safe keeping and instruction of the inmates of said House of Correction and Refuge; and annually thereafter the said board of managers shall make separate estimates of the amount required for additions and enlargements and requisite repairs, which if approved by the commissioners, shall be raised by taxation in the same manner as set forth for the support of the said House of Correction and Refuge. The commissioners of the county of New Hanover shall, in addition to the other bonds of the sheriff of New Hanover County, require an additional bond, with good and sufficient security or securities conditioned for the faithful paying over and accounting for all taxes levied for the support of the said House of Correction and Refuge; and the said sheriff shall be subject to the same penalties for non-performance of duty as now are, or may hereafter be, imposed for default in the collection and accounting for other taxes levied for county purposes; and he is hereby required to settle for the taxes herein levied at the same time as other county taxes are settled for and paid over. The taxes levied and collected under this Act shall be paid over by the sheriff to the treasurer of the managers of the House of Correction and Refuge of New Hanover, and said treasurer is hereby authorized to receive and receipt for the same, which receipt shall be a voucher in the hands of said sheriff. The said sheriff shall receive for the collection of taxes so levied and collected under this Act the same commissions as are now allowed or may hereafter be allowed for the collection of the public taxes.

Sec. 5. The managers aforesaid shall have power in their discretion to receive and take into the said House of Correction and Refuge, to be established by this Act, all such children as shall be taken up or committed as vagrants, or convicted of criminal oftenses in the county of New Hanover, or any township, town or city therein, as may, in the judgment of the Superior Court, the mayor's courts of incorporated towns and cities, the justices of the peace in and for the county of New Hanover or any competent authority having jurisdiction, be proper subjects therefor, that the said offenders may be lawfully restrained, reformed and usefully employed; and the said managers of the said House of Correction and Refuge shall have power to place said children committed to their care, during the minority of said children, at such employments, and to cause them to be instructed in such branches of useful knowledge as shall be suited to their years and capacities: Provided, That the charge and power of the said managers of the House of Correction and Refuge shall not extend in the case of males beyond the age of twenty-one years, and in the case of females beyond eighteen years of age.

Sec. 6. The board of managers of said House of Correction and Refuge may from time to time make and publish by-laws, ordinances and regulations not inconsistent with the provisions of this Act, and may alter and amend the same in manner to be prescribed in said by-laws, relative to the management and disposition of the estate and income of the said House of Correction and Refuge, and the management, government, instruction, discipline, employment and disposition of the children while under their control or in their care, not contrary to law, as they may deem proper, and the said managers may appoint such officers, agents and servants as they may deem necessary to transact the business of the said House of Correction and Refuge, and may define and designate their duties, with power to discharge any subordinate at their discretion.

Sec. 7. Whenever any person under the age of sixteen years shall be convicted of any felony, the court, instead of sentencing such person to imprisonment in the penitentiary of the State, may order such person to be confined in the said House of Correction and Refuge, unless notice shall have been received from the managers thereof that there is not sufficient room to accommodate further delinquents.

Sec. 8. All children under the age of sixteen years within the county of New Hanover, or any township, town or city thereof, who are guilty of deserting their homes without good and sufficient cause, or keeping company with dissolute or vicious persons, against the lawful commands of their fathers, mothers, guardians or other persons standing in the place of a parent, shall be deemed disorderly children. Upon complaint being made on oath before any magistrate, mayor or other chief officer of cities and towns within said county, against any child under the age of sixteen years, by his or her parent or guardian or other person standing to him or her in the place of a parent, as being disorderly, such justice of the peace, mayor or chief officer of any city or town, or other officer of competent jurisdiction, shall issue his warrant for the apprehension of the offender, and cause him or her to be brought before himself or some other justice of the peace or other competent authority, for examination, and if the justice of the peace or other officer trying the case shall be satisfied by competent testimony that such person is a vagrant or incorrigibly vicious, and that the parents of such person can not or will not exercise proper discipline over him or her, or that such person is a disorderly child within the description as aforesaid, he shall make up a record of conviction thereof, and shall, by warrant under his hand, commit such person to the said House of Correction and Refuge: Provided, That any person convicted under this Act shall have the same right of appeal now secured by law to persons convicted of criminal offences: Provided, further, That in all cases where a commitment shall be ordered upon the complaint of a person other than the parent or guardian of such juvenile offender, the committing magistrate shall set forth substantially the evidence upon which he acted, and transmit the same with the juvenile delinquent to the keeper of said House of Correction and Refuge, to be preserved among the records and proceedings of the board of managers aforesaid, and such record of proceedings shall be competent evidence in any court of justice in this State, and be taken to be prima facie true, and the findings of the committing magistrate correct, subject to the revision of the Superior or Supreme Court.

Sec. 9. The managers of said House of Correction and Refuge may receive in their charges (whenever there is sufficient room for their accommodation) juvenile offenders from other counties in the State of North Carolina, at a rate of compensation to be fixed by by-laws; and any money received therefor shall be appropriated to the support of said House of Correction and Refuge.

Sec. 10. Instruction being indispensable to reform, the managers of the House of Correction and Refuge are hereby requested to see to it that each and every child in their charge shall be taught in reading, writing, spelling and arithmetic. No child under sixteen years of age shall be required to work or labor more than six hours during the day of twenty-four hours. Religious services shall be afforded the inmates of said House of Correction and Refuge at least once in every Sabbath day.

Sec. 11. The managers of said House of Correction and Refuge shall cause a book to be kept in which shall be registered an account of the behavior, deportment and progress of such persons as are placed in their charge, and in cases where the said managers are assured of reformation they may have some uniform rule to diminish the time of confinment. The said managers may in their discretion deliver over to their parents or guardians any juvenile offender whom they shall decide, upon proper investigation, will be properly cared for and disciplined by his or her parents, and that the parents are proper persons to take charge of the said juvenile: Provided, That this clause shall not apply to juveniles confined for felonies.

Sec. 12. It shall be the duty of all courts and magistrates, or other authority by whom any juvenile delinquent shall be committed or sent to the House of Correction and Refuge as aforesaid, to ascertain the age of said delinquent by such proof as may be in their power, and to insert such age in the order of commitment; and the age thus ascertained shall be deemed and taken to be the true age of such delinquent: Provided, That when the age of the delinquent is not so ascertained and inserted in the order of commitment, the said managers shall, as soon as may be after such delinquent shall be received by them, ascertain the age of such delinquent by such proof as may be in their power, and cause the same to be inserted, entered and recorded in a book to be kept by them for that purpose, and the age thus ascertained shall be deemed and taken to be the true age of such delinquent.

Sec. 13. The managers of the said House of Correction and Refuge shall on the first days of January and July in each and every year, or as soon thereafter as may be, not exceeding ten days, make up semi-annual reports, setting forth all the matters of interest and statistics connected with the management of the same. The form of said semi-annual reports shall be prescribed by the commissioners of New Hanover County. When made up as aforesaid one copy shall be sent to the Governor of the State, one copy to the board of county commissioners of New Hanover County, and one copy to the mayor and aldermen of the city of Wilmington, and in case of failure or neglect to furnish the copies of such semi-annual reports as aforesaid, the board of managers shall be subject to a penalty of one hundred dollars, recoverable before any justice of the peace.

Sec. 14. The buildings of the House of Correction and Refuge shall be so constructed that the children of the white race shall be kept separate and apart, and the children of the colored race shall be kept separate and apart from the other race.

Sec. 15. The managers of the House of Correction and Refuge shall employ competent physicians, and shall look well to the health and physical condition of the persons in their charge. In case of any epidemic of serious character, they are hereby empowered to make such temporary arrangements, consistent with the duties enjoined upon them, as will secure the occupants thereof exemption therefrom.

Sec. 16. The costs of magistrates, constables, sheriff or other officer, incurred in carrying out the provisions of this Act, whenever the delinquent shall be sent to the House of Correction and Refuge, shall be paid by the county.

Sec. 17. To transact business at any meeting, or in any manner to carry out the provisions of this Act, three members of the board of managers aforesaid shall be present; and all business and every appointment, to be legal and binding, shall receive the sanction of a majority, to wit: three members of the board of managers of the House of Correction and Refuge.

Sec. 18. The compensation of the board of managers of the House of Correction and Refuge shall be one hundred dollars for each member included in the bill of estimates annually, and no other compensation shall be allowed.

Sec. 19. It is declared to be the true intent and meaning of this Act that the term of restraint of all juvenile offenders committed under this Act to the care of the managers of the House of Correction and Refuge of New Hanover County shall be determined and fixed by the said board of managers aforesaid, not in any case exceeding the term of the minority of such persons as are committed to their care: Provided, That this provision shall not apply to juvenile offenders committed by authority of the Superior Court.

Sec. 20. All laws or parts of laws, Acts and clauses of Acts in conflict with this Act are hereby repealed.

Sec. 21. This Act shall be in force from and after its ratification.

Ratified the 3d day of March, 1873.

Tod R. Caldwell, Governor
James L. Robinson, Speaker of the House of Representatives
Charles H. Brogden, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, March 19th, 1873.

I, William H. Howerton, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

William H. Howerton,
Secretary of State.



© 2017 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved