the support of himself or family and goes about from place to SEC. 69. That it shall be unlawful to sell or manufacture in- Sale of liquor prohibited. toxicating liquors in the town of Gastonia, except druggists or pharmacists, who shall not sell or dispose of intoxicating liquors to any person who has not first obtained a prescription from a practicing physician. SEC. 70. That the board of aldermen shall have power by ordinance to prohibit all persons from any place or places wherein contagious or infectious diseases are believed to exist or to have existed, from entering the town of Gastonia and all goods and chattels from being brought from said place or places into said town, and to fix a penalty for the breach of any of the ordinances established by them on the subject; they shall also have power to take such other precautionary measurers to prevent the introduction or spreading of all infectious or contagious diseases in the said town as they may deem expedient. Places wherein contagious diseases exist. and own land. SEC. 71. That the board of aldermen may purchase and hold May purchase such land as in their judgment may be needed for municipal purposes, and shall have authority to sell all lands belonging to the town which in their opinion is not required for their purposes. SEC. 72. That chapter fifty-two of the laws of eighteen hun- Conflicting laws dred and seventy-six and eighteen hundred and seventy-seven, repealed. entitled "An act to incorporate the town of Gastonia, in Gaston county," and chapter two hundred and thirty-three of the laws of eighteen hundred and eighty-nine, entitled "An act to amend chapter fifty two of the laws of eighteen hundred and seventysix and eighteen hundred and seventy-seven, being an act to incorporate the town of Gastonia, in Gaston county," and chapter one hundred and sixty of the private laws of eighteen hundred and ninety-five, entitled "An act to amend the charter of the town of Gastonia,” and all other laws or parts of laws in conflict with the provisions of this act are hereby repealed. SEC. 73. That this act shall be in force from and after its ratification. Ratified the 28th day of February, A. D. 1899. Body corporate. Corporate name: Corporate limits. Town officers. Marshal Proviso. Commissioners may revoke appointment of marshal. Persons entitled to vote Eligibility to office. Mayor and com missioners shall take bath and organize within five days after election Bond of marshal. CHAPTER 149. An act to amend the charter of the town of Albemarle, Stanly county. The General Assembly of North Carolina do enact : SECTION 1. That the inhabitants of the town of Albemarle shall be and continue as they have been, a body corporate and shall bear the name and style of the town of "Albemarle," and shall have power to purchase and hold real estate for the benefit of the town, and that said town shall have the power to sue and be sued, to plead and be impleaded, as any other corporation, and that said town shall be subject to the general laws of the state in relation to corporations of like kind not inconsistent with this act. SEC. 2. The corporate limits of said town shall extend from the center of the public square in said town one-fourth of a mile west; thence north five-eighths of a mile; thence east one mile; thence south one mile; thence west one mile; thence north threeeights of a mile. SEC. 3. The officers of said town shall consist of a mayor, seven commissioners and a marshal all of which shall be elected at the regular elections to be held as provided by this act, except the marshal, who shall be appointed by the board of town commissioners for a term of two years: Provided, that said board of commissioners shall have the right to revoke said appointment at any time on failure of any marshal to perform the duties of his office satisfactorily. Said marshal to be paid for his services in any lawful way that said board may see fit. SEC. 4. That all resident citizens who are qualified voters of this state within said corporation that have resided in the county for ninety days and in the town for thirty days next preceding any election held in said town shall be entitled to vote, and all citizens who have resided in the incorporation for six months shall be eligible to hold office in said corporation. SEC. 5. That it shall be the duty of the mayor of said town to take the oath of office prescribed by law within five days after his election, and that the commissioners elected at any election for said town shall meet and organize within five days next after their election, and they shall take the oath of office that they as a body will faithfully and impartially perform the duties of commissioners to the best of their knowledge and their ability for ensuing term. SEC. 6. The marshal appointed by said board of commissioners shall enter into a bond payable to the town of Albemarle or the state of North Carolina, the amount of which shall be fixed by the board of town commissioners. SEC. 7. The commissioners of said town shall have power to Commissioners empowered to levy a tax for each year, not to exceed one dollar and fifty cents levy tax. on the poll and fifty cents on the one hundred dollars valuation of property, said valuation to be the same that is placed thereon to raise revenue for state and county purposes, and that all taxes shall be levied according to article five, section three, of the con- Taxes, how stitution of the state. levied. SEC. 8. That the board of commissioners of said town shall Empowered to have power to grade, macadamize and pave the streets and side- improve streets. walks and to lay out change and open new streets or widen those already opened, and to make such improvements thereon as the public convenience may require, and that the board shall be the sole judges of the improvements required. The board may condemn any land for public use under the same rules and regula Commissioners may condemn tions as are hereafter provided for the laying out of public streets land. in this act. arbitrators. SEC. 9. That when any land or right of-way be required for Disagreement as to compensation. the purpose of opening new streets or for other objects allowed by this charter and for want of agreement as to the compensa tion therefor, the same may be taken at a valuation to be made Selection of by three freeholders of the town, one to be chosen by the board of commissioners and one to be selected by the land owner, and these two to select a third. and in case the land owner refuses to select one, then the commissioners shall select all three, and in making said valuation said freeholders, after being duly sworn by the mayor, shall at once proceed to condemn said lands and take into consideration the loss or damage which may accrue to the owner in consequence of the lands or right-of-way being surrendered; also any benefit or advantage such owner may receive from the opening or widening of such streets or other improvements and ascertain the sum which shall be paid to the owner of said property and report the same to the board of commissioners under their hands and seals, which, on being confirmed by the board and spread upon their minutes, shall have the effect of a judgment against said board of commissioners, and shall pass the title to the board of commissioners in their corporate capacity Title shall pass of the lands so taken, and the lands may at once be condemned when purchase and used by said town for the purpose intended: Provided, that Proviso. if any person over whose land the said street may pass or improvements be created, or the commissioners be dissatisfied with the valuation thus made, then in that case either party may May appeal. have an appeal to the next term of the superior court: Provided, Proviso. however, that such appeal shall not hinder or delay the commissioners from opening or widening such streets or creating such improvements. SEC. 10. That all freeholders appointed to assess damages shall money paid. Assessors refus receive one dollar per day each for their services, and any freeing to serve guilty holder who shall refuse to take the oath prescribed and to act of a misde meanor. Penalty. Taxes levied by commissioners, when due and collectible. Jurisdiction of mayor. Term of office. Vacancies occurring. Election of secretary and treas urer. Marshal shall give bond. according to law, after having been duly appointed by the board and after having been notified in writing by the marshal, shall be deemed guilty of a misdemeanor and fined twenty dollars for each offense by the mayor. SEC. 11. That all taxes levied by the commissioners of said town shall be due and collectible at any time after the first day of October in each year, and that the commissioners may expend all moneys collected either by fines or taxes as they may deem best for the interest of the town. SEC. 12. That the mayor shall have the same jurisdiction as a justice of the peace in all criminal actions within the incorporate limits; that all fines collected by him in criminal actions under the law of this state shall be paid into the town treasury. SEC. 13. That all officers elected at any election in the town of Albemarle shall hold office for the term of two years and until their successors are elected and qualified. That in the absence of any officer from the town, or during sickness of any of the officers, the commissioners may appoint a man to fill the office during his absence or during his inability and no longer. If the absence be caused by resignation the board may appoint an officer to fill the unexpired term. SEC. 14. That the commissioners shall at their first meeting after being qualified elect for the ensuing term a secretary and treasurer, and that the treasurer shall enter into a bond payable to the town of Albemarle or to the state, the amount of which shall be fixed by the board, and that said bond shall be recorded in the office of register of deeds for Stanly county as other bonds for county officers. SEC. 15. That the marshal appointed shall enter into a bond payable to the state of North Carolina, the amount of which shall be fixed by the board of commissioners, and that the board shall Appointment of appoint the marshal or some other competent person as tax col tax collector. Fire company. Sanitary committee. Persons failing to comply with orders of board. lector for said town, and he shall collect all taxes for said town under the same laws and regulations as are prescribed for the sheriff of the county. SEC. 16. That the commissioners may provide for the establishment and equipment of a fire company for said town. SEC. 17. That the commissioners of said town shall constitute a sanitary committee, and that all orders made by them for the preservation of the health of the citizens of the town shall be put into effect by the marsbal. Any person who shall fail to comply with any order made by the board, after having been notified in writing by the marshal, shall be deemed guilty of a misdemeanor, and fined by the mayor for each and every offense. books. SEC. 18. That all tax lists or books which have or may here- Control of tax after be placed in the hands of the town tax collector shall be subject at all times to the control of the authorities imposing said tax and subject to correction, and shall be open for inspec tion by the public. arrest persons SEC. 19. That if any person shall be found violating the laws Officers may of this state or any of the town ordinances by the marshal or without warrant. other officer appointed to act as such within the incorporate limits he shall forthwith arrest the offender without a warrant and earry him before the mayor to answer the charge and be dealt with according to law. SEC. 20. That all proceedings in the mayor's court shall be the Proceedings in mayor's court. same as are now or hereafter shall be prescribed for courts of justice of the peace, and in all cases there shall be a right of appeal to the superior court of Stanly county. That whenever a defendant or witness or other person shall be adjudged to be imprisoned by said court, it shall be competent for the said court to sentence such person to imprisonment in the county jail or town prison for a term not to exceed thirty days, and to adjudge Persons may be also that such person work during the period of his confinement required to work on the streets or on the public works of the town as provided for in section twenty-two of this act. on streets. fire. SEC. 21. The board of commissioners of the said town are hereby Protection from authorized and empowered to establish a fire limit within a reasonable distance from the center of the town, and to pass an ordinance or ordinances to the effect that none other than brick or stone or metal buildings shall be built or erected within said limits; and that they may repeal said ordinances at any time they may deem it necessary for the interest of the town and property holders therein. gang. SEC. 22. The commissioners of said town of Albemarle are Empowered to hereby authorized and empowered to organize a "chain gang" organize chain in said town and work the streets by convict labor. The chairman of said board of commissioners, together with the concur rence of the other members shall have full control of and make all orders concerning the working of said streets that they may deem necessary for the improvement of the same: Provided, that Proviso. the said board of commissioners are hereby authorized and empowered to make any order or orders that may be necessary for the purpose of compelling convicts to perform reasonable duty, gang. as may be directed by the overseer of said "chain gang, "said over Overseer of chain seer to be appointed by said board of town commissioners at a salary to be fixed by them. SEC. 23. The judges of the different terms of the superior court of Stanly county are authorized and empowered to sentence convicts to work on the Albemarle "chain gang" from said court un Persons con victed at Stanly court may be worked on road. |