Section 1. The General Assembly of North Carolina do enact, That section two (2) of said Act be amended so as to read as follows, to wit: The Board of Education may, trom time to time as the same shall accumulate, invest the public school fund in United States bonds and securities and railroad bonds, secured by a first mortgage: Provided, however, That such investments shall be made under the direction and approval of the General Assembly.

Sec. 2. That section eight (8) of said Act be amended so as to read as follows, to wit: The share of public school fund arising from the increase thereof by investment or otherwise to which each county 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, and in like manner shall all payments from the public school fund be made.

Sec. 3. That section nine (9) of said Act be and the same is hereby repealed.

Sec. 4. That sub-division nine (9) and the last proviso of sub-division of section twenty-two (22) of said Act be stricken out, and that section thirty-two (32) be amended by striking out at the end thereof the words, ''and deliver a copy to the school committee."

Sec. 5. That section fifty-two (52) of said Act be amended so as to read as follows, to-wit: That all state and county capitation taxes which shall be levied and collected for school purposes under the constitution, shall be paid to the county treasurer of the counties respectively in which the same are collected, and shall constitute a revenue and fund for the support of public schools in said counties respectively, and shall not be used for any other purpose. The sheriff or other person collecting such taxes shall take the receipts of the county treasurer for such payments in duplicate, one copy of which he shall transmit to the auditor of tlie state; and said county treasurer, under the supervision and direction of the board of commissioners of their respective counties, shall disburse the same as required by this Act, keeping a careful and accurate account thereof, a copy of which shall be included in the reports to the superintendent of public instruction, required by section fourteen of this Act. The apportionment of the school money raised by the operation of this section shall be made by the commissioners of the counties respectively in which the same is collected, and in the same proportions as required in section fifty-four (54) of this Act. The county commissioners shall, from time to time if necessary, require the county treasurer to give sufficient and good security, by additional bond or bonds, so as to secure the faithful administration of the said school fund; and in default so to do, the said commissioners shall be guilty of a misdemeanor, and upon conviction before the superior court, shall be fined not less than three hundred dollars nor more than one thousand.

Sec. 6. The county examiner shall be allowed two dollars per each day of actual service, to be paid by the county treasurer out of the school fund, upon the order of the county commissioners, said actual service to be determined by the said commissioners.

Sec. 7. That section sixty-eight of said Act be amended by adding thereto the following proviso: Provided, That the school fund herein referred to shall not include any portion of the State and county capitation tax provided for in this Act as hereinbefore amended.

Sec. 8. That section three (3) of said Act be amended by striking out the words "shall prescribe," inserting the words "may recommend;" and that section forty-one (41) of said Act be repealed; and all after word "regulations," to and including the word "obtain," of section sixty-nine (69) of said Act be stricken out, and that all laws and parts of laws inconsistent with this Act are repealed, and this Act shall take effect from its ratification.

Ratified the 5th day of April, A.D., 1871.

Tod R. Caldwell, Governor
Thomas J. Jarvis, Speaker of the House of Representatives
Edward J. Warren, Lt. Governor and President of the Senate

State of North Carolina,
Department of State,
Raleigh, May 1st, 1871.

I, Henry J. Menninger, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this Department.

Henry J. Menninger,
Secretary of State.