dead carcasses,

etc, in streams used, guilty of a

misdemeanor.

the stream from which said water supply may be taken, and to locate and plan a suitable reservoir for said water supply. Sec. 9. Any person who shall willfully place or deposit in the Persons placing stream from which said water supply may be taken or any of its tributaries, or upon the ground drained by them or any of them within a distance from said reservoir, to be marked, designated and published by the three freeholders and engineers aforesaid, or upon the water-shed herein provided for. any dead carcass of any animal or any filthy or poisonous substance or any other substance or thing by which the water of said streams, or its tributaries shall be rendered or may become liable to the [be] rendered unwholesome, contaminated or otherwise unfit for domestic purposes, shall be guilty of a misdemeanor.

Works deleteriously affecting water shall not be established along streams used.

Sec. 10. It shall be unlawful for any person to erect, establish or maintain upon the water-shed of the stream upon which said waterworks plant may be located or any tributary thereof within the boundaries and marks and designations provided for in this act. any establishment or works the effect of which in its operation or use shall be deleterious to the water of the stream upon which said plant shall be located or its tributaries above the points and boundaries named, and any such establishment, contrivance and works is hereby declared to be a public nuisance: Provided, that all such establishments, contrivances and works Proviso. which are standing, established and maintained at the time of the survey provided for in this act shall be condemned as provided in this act for condemning land, and shall be removed. Sec. 11. It shall be the duty of the superintendent of health of superintendent the county of Cumberland, together with the board of health of of health of the city of Fayetteville to exercise due surveillance over the water-shed, streams and tributaries mentioned in the preceding section, and to report to the board of aldermen of the city of Fayetteville, whose duty it shall be to abate the nuisance therein declared and forbidden in the manner provided by existing laws. Sec. 12. Any person who shall willfully injure any of the prop Persons injuring erty of said waterworks plant or in any manner willfully and property guilty maliciously interfere with or obstruct the operation of its works, meanor. or shall cast, throw, place or deposit any deleterious substance in any of the filters, mains, pipes, tanks, reservoirs or other receptacle of water connected with the said water plant or waterworks, shall be guilty of a misdemeanor.

Sec. 13. The board of aldermen and the city engineer of the city of Fayetteville, and any agent or agents appointed by said board of aldermen are hereby authorized and empowered to enter upon the lands of all persons, firms and corporations within or without the limits of said city, for the purpose of making the surveys provided for in this act, laying or putting down any

Cumberland

county shall

exercise control

over sheds, etc.

of a misde

Aldermen em

powered to con

demn lands.

Procceedings for

such condemna

tion.

Proviso.

Aldermen not required to institute proceed. ings.

Election shall be held to vote on issuance of bonds.

Appointment of registrar.

pipes, drains, machinery or appliances, or for the purpose of erecting any reservoirs or other necessary buildings or doing any other act necessary to be done towards the erection and maintenance of such system of waterworks or sewerage, either or both, and towards the maintenance and protection of the same when erected, and may, by proper proceedings as hereinafter provided for, condemn such real estate, easement or interest in real estate as may be necessary for the purpose of this act.

Sec. 14. The proceedings for the condemnation of land or any easement or interest therein for the use of said waterworks or water plant and the sewerage provided for in this act, the appraisal of land or interest therein, the duties of commissioners of appraisal the right of either party to file exceptions, the report of the commissioners, the mode, and manner of appeal, the power and authority of the court or judge to file judgment and the manner of its entry and enforcement and the rights of the city of Fayetteville peuding appeal, shall be as prescribed in chapter forty-nine (49) of The Code of North Carolina and acts amendatory thereof for condemning land for the use of railroads: Provided that all the provisions in said chapter requiring petitions to state incorporation, the subscription and payment of stock, surveys. maps of routes or any other maps, and signatures by directors, shall not be necessary in carrying into effect this act: Provided further, that it shall not be necessary for the board of aldermen of the said city or their agents or the city engineer to institute any proceeding or file any petition or to pay into court any money before entering upon or taking possession of any land for constructing and operating the said plant: Provided further, that nothing in this act shall prevent the city of Fayetteville from acquiring any right or title or interest in any land or easements in lands by gift or purchase, nor to prevent the arbitra tion of any differences which may arise between the said the city of Fayetteville and any person owning or interested in any land or easements or rights in lands which may be required or needed for the erection, operation and maintenance of said waterworks plant or water plant

Sec. 15. An election shall be held at the market house in the city of Fayetteville on the first (1st) Tuesday in April, eighteen hundred and ninety-nine, for the purpose of ratifying or disapproving, by a majority of the qualified voters of said city, the issuance of the bonds herein provided for. It shall be the duty of the mayor to cause daily publication of this act in full to be made in some newspaper published in said city not less than ten days immediately preceding said election, not including Sundays.

Sec. 16. The board of aldermen of the city of Fayetteville shall appoint a registrar of voters for the said the city of Fayetteville,

who shall register such citizens of said city as are not at present registered and who would be entitled to vote at the election, and shall cause publication and notice to be given as provided by section seven (7) of chapter one hundred and fifty-three (153) of the private laws of eighteen hundred and ninety-three (1893): Provided, that if upon a vote a majority of the board of aldermen of the city of Fayetteville shall so declare at a meeting to be held twenty days before the time provided for in this act for said election, a new registration shall be had of the voters of said city as provided by law, upon the question of issuing bonds under the provisions of this act or upon any other question submitted to the voters of said city at the same time.

Sec. 17. The duties of registrar so to be appointed, the regis- Duties of regis tration and the oath of election shall be as provided by section trar. eight (8), nine (9) and ten (10) of chapter one hundred and fifty

three (153) of the private laws of eighteen hundred and ninety

three (1893).

Sec 18. The board of aldermen of said city shall appoint two Appointment of judges of election to hold said election, and the duties and pow- Judge judges of elec ers and qualifications of said judges of election shall be the same as are provided by said chapter one hundred and fifty-three (153) of the private laws of eighteen hundred and ninety-three (1893); and all matters and questions as to the election herein provided for shall be determined according to the provisions of chapter one hundred and fifty-three (153) of the private laws of eighteen hundred and ninety-three (1893), sections seven (7) to fourteeen (14) inclusive of both.

Sec. 19. The ballots to be used at the election herein provided Form of ballots. for shall be of white paper and without device, and shall contain the word "Water" or the words "No water," and the bonds herein provided for shall be issued only in case a majority of the qualified voters of said city shall vote "Water": Provided, however, that in case an election on any other subject than the bonds provided for in this act shall be held on said first (1st) Tuesday in April, eighteen hundred and ninety-nine, in the said the city of Fayetteville, the officers appointed to hold said other election shall hold the election provided for in this act, and it shall not be necessary in such case to appoint the election officers provided for in the preceding sections of this act.

Sec. 20. All laws and parts of laws in conflict with this act are Conflicting laws hereby repealed.

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

Ratified the 6th day of March, A. D. 1899.

repealed.

Preamble.

Trustees empow ered to pledge certain property as security for money.

CHAPTER 196.

An act relating to the Presbyterian church at Louisburg, North Carolina.

Whereas, in eighteen hundred and thirty-three there was conveyed to trustees for the benefit of the Presbyterian church in Louisburg a certain lot of land lying at the corner of Main and Middle streets in said town, said deed being for the consideration of two hundred dollars and providing that in case the said trustees should so elect they were empowered to sell one-half of the said lot of land for the benefit of said church (but the said trustees have never exercised the right of such sale); and

Whereas, the successors of said original trustees, to-wit: W. T. Hughes, A. C. Hughes, W. G. Rackley, J. A. Turner and J. J. Allen, under the direction of said church, desire to rebuild the said church edifice, but to do so it will be necessary to borrow money on the pledge of the said property; now, therefore,

The General Assembly of North Carolina do enact :

[Section 1.] That the said trustees be and they are hereby empowered to pledge the said property to secure the payment of such sum of money as shall be borrowed for the benefit of said church, with power in the mortgage to sell and convey the said property, should a sale be necessary, free and clear from all limitations and uses. The deed of mortgage from said trustees shall be signed by not less than three of said trustees and by the clerk of the said church.

[Sec. 2.] This act shall be in force from and after its ratification.

Ratified the 6th day of March A. D. 1899.

Corporators.

Body corporate.

Corporate name.

Corporate pow.

ers.

Section 1. That Tyrell R. Caudill, Josh T. Fender, Henderson C. Cheek, Wiley P. Maxwell, John M. Wagoner, Thomas A. Fender, Fielden W. Cheek, Morgan U. Spicer, Isom Fender, Solomon M. Edwards. William L. Hoppers, John F. Watson, their associates and successors, are hereby constituted a body corporate by the name of the Whitehead Academy; and that they and all who shall be duly elected members of said corporation shall be and remain a body corporate by that name forever, and shall

be the trustees of said academy, with power to contract and be contracted with, to sue and be sued; to acquire property by gift, grant, bequest, devise or otherwise, and hold and convey the same, whether real personal or mixed; to have and use a common seal and alter the same at pleasure; to make and alter bylaws for the government of the corporation, its officers, agents and servants.

receive real estate, etc.

Sec. 2. The trustees of the said academy are hereby authorized Authorized to to receive all the real estate, goods, chattels, choses in action and property of every description whatever which has heretofore been given, conveyed, purchased, bequeathed, devised or in any other way secured to the Whitehead Academy, with the interest and for the purpose of establishing and maintaining an institu- Purpose of cortion of learning at Whitehead, North Carolina, at which place poration. the institution shall remain permanently located; and all the said funds and estates, as well as all other property, real, personal and mixed, which may be received by them, of which the said corporation shall be seized and possessed, shall be free from Exempted from taxation, and shall be appropriated for purposes connected with the institution in such a manner as shall most effectually promote virtue and piety and the gaining of useful knowledge.

laxation.

Election of prest

dent and other officers.

Sec. 3. That trustees shall have power to effect a president of their body, a secretary, treasurer and such other officers as the interests of the institution may require, who shall hold their offices at the pleasure of the board; also a principal for the government of the academy, who shall be ex officio a member of the board of trustees, and such teachers and other officers of the said academy as they shall jadge most for the interest thereof; and to determine the duties, salaries, responsibilities and tenures of their several offices, and to remove each or any of them when the interest of the academy shall require it; they shall have full power and authority to determine in what times and places the meetings shall be holden and the manner of notifying the trus tees to convene at such meetings. And they are further empowered to purchase or erect and keep in repair such houses and other buildings as they shall judge necessary for the academy, and also to make and ordain, as occasion may require, reasonable rules, orders and by-laws not repugnant to the constitution and the laws of this state or of the United States, with reasonable penalties for the good government of said academy and for the regulation of their own body, and through the principal of the institution, to grant to such persons as may be recommended by May grant cerhim and his associates a suitable certificate, which shall be signed tificates.

by the principal of the academy and the president and secretary

of the trustees, and shall have affixed thereto the seal of the academy.