CHAPTER 369.

An act to amend, revise and consolidate the charter of the town of

Lincolnton.

Section 1. That the inhabitants of the town of Lincolnton shall Body politic. be and continue, as they have heretofore been, a body politic and

corporate, and henceforth the said corporation shall bear the

name and style of Town of Lincolnton, and under that name is Corporate name. hereby invested with all the property and rights of property which now belong to the present corporation of the town of Lincolnton, or the board of commissioners of the town of Lincolnton, or any other corporate name or names heretofore used, and by the corporate name of town of Lincolnton, may purchase and Corporate powers and privileges. hold for purposes of its government all such property and estate, real and personal, within and without said town, as may be deemed necessary or convenient therefor, or as may be conveyed, devised or bequeathed to it, and the same may from time to time sell, dispose of and reinvest, as shall be deemed advisable by the proper authorities of said corporation, and in its corporate name to contract and be contracted with, sue and to be sued, and invested with all other rights and powers necessary or usually pertaining to municipal corporations.

Sec. 2. That the corporate limits of the said town of Lincoln- Corporate limits. ton shall be hereafter defined and located as follows: Beginning at a stake on what was formerly known as Samuel P. Simpson's line, John Hoke's corner, now Child's corner, and runs thence with Hoke's now Child's line, south eighty-four degrees east sixty-six poles to a stake and pointers, Hoke's now Child's corner; thence with another of Hoke's now Child's lines south fifty-eight degrees east sixty-eight poles to a stake; thence north fifty-two degrees east thirty and one-half poles to a rock formerly James T. Alexander's corner, now S. T. Bürgin's corner; thence north forty-five degrees east one hundred and ninety-one and one-half poles to a hickory stump, Ramseur's corner, now Mrs. John Setzer's corner; thence with another of Ramseur's now Setzer's lines north forty-five degrees west sixteen poles to a stake, Ramseur's now Setzer's corner; then with her line north forty-five degrees east sixty poles to a stake; then north forty-five degrees west one hundred and seventy-six poles to a small post-oak on Vardry M'Bee's line; then with his line south forty-seven degrees west two hundred and twenty-tour poles to a stone, where Reinhardt's hickory corner formerly stood, now Caleb Motz's; thence with Reinhardt's now Motz's line south fifty-eight degrees west sixty poles to a post-oak, his corner; thence to the beginning.

Sec. 3. The town of Lincolnton shall be divided into four wards by the intersection of Main and Aspen streets, to be known as follows, to-wit:

Ward One-That part of said territory lying northeast of said intersection, to be known and is hereby designated as ward one. Ward Two-That part of said territory lying southeast of said intersection, to be known and is hereby designated as ward two. Ward Three-That part of said territory lying southwest of said intersection, to be known and is hereby designated as ward three.

Ward Four-That part of said territory lying northwest of said intersection, to be known and is hereby designated as ward four. Sec. 4. The corporate powers hereby vested in the town of Lincolnton shall be exercised, controlled and managed by a board of aldermen and mayor for said town. Said aldermen of said town shall form one body to be known as the board of aldermen, a majortity of them shall constitute a quorum and be competent to perform all the duties.

Sec. 5. The board of aldermen of said town shall consist of eight aldermen, two from each ward, to be elected by the qualified voters of each ward, the voters of each ward to vote for the aldermen of said ward and no other. Each alderman shall be a resident of the ward from which elected, and a resident of the state twelve months and of the town ninety days, and of his ward fifteen days, and shall be elected for twelve months.

Sec. 6. A mayor shall be elected from the town at large, who shall have been a resident of the state twelve months, of the town ninety days, who will hold office for twelve months, or until his successor is elected.

Sec. 7. There shall be elected by the qualified voters of said town, on the first Monday in May, eighteen hundred and ninetynine, and every first Monday in May following thereafter, a mayor and eight aldermen, of which aldermen two shall be from ward one, two from ward two, two from ward three and two from ward four, who shall be residents of their respective wards, who shall hold office for the term of one year from and after his election, and until his successor is elected and qualified. The mayor shall be elected from the town at large by the qualified voters of said town, who shall hold his office for one year and until his successor is elected and qualified.

Sec. 8. That the aldermen or commissioners and mayor or intendant of said town, and now holding office therein as such, whose terms have not expired, shall hold their said offices until their said terms shall have respectively terminated.

Sec. 9. That the elections herein before provided for shall be held under the same rules and regulations as are now prescribed, or may be hereafter prescribed, for the election of members of

the general assembly; but the powers and duties in such rules and regulations conferred upon and directed to be exercised by the sheriff are hereby conferred upon and directed to be exercised by the marshal of said town, and the power and duties in said rules and regulations conferred upon and directed to be exercised by any other officer or officers, body or bodies, board or boards, or his, their or its appointees or employees, respectively, are hereby conferred upon and directed to be exercised by the board of aldermen of said town, or its employees or appointees respectively, in said election. Every citizen residing within the Persons qualified limits of said town who is qualified to vote for members of the general assembly, and who shall have resided in said town ninety days, in the state twelve months and in the ward in which he offers to vote for fifteen days immediately preceding any such election, shall be entitled to vote at any such election, upon compliance with the law regarding the registration of voters thereat.

to vote.

result.

Each elector shall vote on one ballot on which shall be placed the Each elector shall names and offices of the persons voted for, either printed or writ- vote on one ballot. ten. At any such election the person who shall receive the highest number of votes for any office allowed to be voted for at such election shall be declared elected to that office. At the conclusion of any election the judges thereof shall ascertain and de- Announcemento: clare its result, and the marshal of said town shall immediately, in person or by deputy, proclaim such result at the court-house door in the town of Lincolnton, and within thirty-six hours thereafter such judges shall certify to the mayor of said town such result in writing signed by them, which writing shall be filed by the mayor in his office. If at any such election any two When election reor more persons receive an equal number of votes for the same office, and no other person shall receive as great a number of votes for such office, the registrar shall decide who of those receiving such equal votes is elected to such office.

sults in a tie vote.

manner.

Sec. 10. Every other election in said town for municipal pur- Other elections poses shall be held and conducted in the same manner and under conducted in same the same rules and regulations as are above prescribed for election for mayor and aldermen, in so far as same is applicable.

Sec. 11. The mayor and aldermen shall be installed in their re- Installation of spective offices at twelve o'clock on the first Wednesday after the mayor and alderfirst Monday in May next after their election.

men.

Sec. 12. The aldermen of said town shall establish as many vot- Voting places. ing places in said town as they shall from time to time deem necessary: Provided, that there shall be at least one voting place

in said town.

Sec. 13. Before entering upon his duties of office the mayor Mayor shall take shall take and subscribe before some person authorized by law to oath of office. administer oath, the following: "I do solemnly Form of oath.

swear that I will perform, according to my best skill, judgment

Priv 64.

and ability, all and every the duties of the office of mayor of the town of Lincolnton, while I continue in said office, and will cause to be executed, as far as in my power lies, all laws, ordinances and regulations made for the government of said town, and in the discharge of my duties I will do justice to the best of my Oath shall be filed. knowledge and ability in all cases. So help me God." Said oath shall be immediately filed and kept by the clerk to the board of aldermen.

Aldermen shall take oath of office.

Vacancy in office of mayor.

Election of successor to mayor.

Persons elected mayor or aldermen refusing to qualify, guilty of a misde

meanor.

Jurisdiction of mayor.

Removal of cases for trial.

Sec. 14. Each alderman, before entering upon the duties of his office, shall take before the mayor an oath that he will truly and impartially perform the duties of an alderman of the town of Lincolnton, according to his best skill, judgment and ability.

Sec. 15. If the person elected mayor of said town shall neglect or refuse to qualify at the time provided therefor, or if after he shall have qualified there shall occur a vacancy in the office of mayor of said town, either by death, resignation, or the mayor shall become a non-resident of said town, or for three consecutive months shall absent himself therefrom, or for malpractice or malfeasance in office, the aldermen at their next meeting, or at a meeting called for that purpose, shall declare said office of mayor vacant, and shall immediately, or at their next meeting thereaf ter, choose by ballot some competent person as mayor of said town for the term, or the unexpired portion of the term, as the case may be. In like manner all vacancies in the office of aldermen shall be filled by the remaining aldermen.

Sec. 16. That any person elected mayor or alderman, who shall neglect or refuse to qualify and act as such shall be guilty of a misdemeanor, and upon conviction thereof shall be ined fifty dollars or imprisoned thirty days.

Sec. 17. The mayor of the town of Lincolnton is hereby constatuted a special court with all the jurisdiction and powers in ' criminal offences occurring within the limits of said town, which are or may hereafter be given to justices of the peace, and shall also have exclusive original jurisdiction to hear and determine all misdemeanors consisting of a violation of an ordinance or ordinances of said town, except where legally the mayor or vicemayor are legally incompetent to try the same, in which case the cause shall be, upon application of the defendant [removed], or the court of its own motion, [may] remove the cause for trial to such other court of the county of Lincoln as would but for this section have jurisdiction of the same; and such legal incompetency shall be construed to mean only such incompetency as would disable a judge of the superior court to try under similar circumstances a cause pending in said last-named court. The proceedings of said mayor's court shall be the same as are now or may hereafter be prescribed for courts of justices of the peace, except as otherwise provided herein; and in all cases there

Mayor shall

require bond in case of appeal.

Have jurisdiction

of actions for recov

shall be a right of appeal on the part of a defendant adjudged Right of appeal. to be guilty to the next term of Lincoln superior court. In all such cases of appeal, the mayor or vice-mayor shall require bond from the defendant with such surety as is in his judgment sufficient to insure the defendant's appearance at the next succeeding term of the appellate court, and on defendant's tailure to furnish such bond, the mayor or vice-mayor shall commit such defendant to the common jail of the county of Lincoln. Said mayor's court shall also have jurisdiction to try all actions for the recovery of any penalty imposed by law or this act, or by any ordinance of said town, for any act done within said town, and such penalty shall be sued for and recovered in the name of the town of Lincolnton, and if incurred by a minor shall be recovered from and in an action against his or her parent or guardian, or if he or she be an apprentice, against his or her master or mistress. From any judgment for such penalty imposed by this act, or for the violation of any ordinance of said town, either party may appeal to the next term of the superior Either party may court of Lincoln county, in like manner and under the same rules appeal.

and regulations as are prescribed for appeals from judgment of justices of the peace; and in case the mayor or vice-mayor, respectively, as the case may be, shall be disqualified by reason of relationship, or otherwise incompetent to hear and determine such action, the same may be instituted and prosecuted in any court within said county which would but for this section have jurisdiction thereof, under the same rules and regulations as if instituted and tried in said mayor's court where applicable. In all cases where judgments may be entered against any person or persons for fines or penalties, according to the laws and ordinances of said town as for criminal offences, and the person or persons against whom the same is so adjudged refuse, fail, or be unable to pay such judgment, it shall be lawful for the mayor or vice-mayor of said town to order and require such person or persons to work on the streets or other public works of said town under the supervision of the marshal or street overseer thereof, and under such rules and regulations as may be from time to time prescribed by the board of aldermen thereof, until at a fair rate of wages, to be prescribed by said board of aldermen, such person or persons shall have worked out the full amount of such judgment and cost of prosecution; or such mayor or vice-mayor, if he deem best, shall have power to provide, under such rules and regulations as to him may seem best, for the employment of such person or persons on the public streets, public highways, or other public works, or at other labor for individuals or corporations, until at such fair rate of wages so prescribed by said board of aldermen such person or persons shall have worked out the full amount of such judgment and costs of prosecution.

ery of penalties.

Persons unable to pay fines may be worked on public

streets.