Vacancies occur ring. Term of office. Apportionment of public school funds. To whom academy opened. Sale of liquor within one mile of academy unlawful. Violation of section 7 a misdemeanor. Unlawful to sell liquors, pistols, etc., to students. Violation of section 9 a misdemeanor. Conflicting laws repealed. Sec 4. They shall have power to fill all vacancies which ma occur in their own board by death, resignation or expiration of the term of office or other cause, and to elect additional members thereto; but the tenure of their office and the manner of their nomination and election and the number of which the board shall consist, also the number which shall constitute a quorum for the transaction of business, shall be determined by by-laws made by the trustees. Sec. 5. The trustees shall maintain room and equipments for the teaching of all the public school funds that may be apportioned from time to time to the public school at Whitehead, North Carolina. Sec. 6. The academy in all its departments shall be open to all white persons of suitable age and approved character, without distinction of sex, and no person shall be refused admission to or denied any of its privileges or honors on account of sex or the religious opinions which may be entertained; but any student may be suspended or expelled from the institution whose habits are idle or vicious or whose moral character is bad. Sec. 7. That it shall be unlawful to sell or manufacture malt, spirituous or vinous liquors within one mile (air line) of said academy. Sec. 8. That any person or persons violating the provisions of section seven of this act shall be guilty of a misdemeanor, and upon conviction fined not more than fifty dollars or imprisoned not more than thirty days. Sec. 9. That it shall be unlawful for any person or persons to sell or otherwise dispose of, directly or indirectly, to any student or students of Whitehead Academy malt, vinous, spirituous or any other intoxicating liquors, pistols or cartridges or any other weapon that is generally carried concealed. Sec. 10. That any person or persons violating the provisions of section nine of this act shall be guilty of a misdemeanor, and upon conviction fined not more than fifty dollars or imprisoned not more than thirty days. Sec. 11. That all laws and clauses of laws in conflict with the provisions of this act are hereby repealed. Sec. 12. That this act shall be in force from and after its ratification. Ratified the 6th day of March, A. D. 1899. CHAPTER 198. An act to incorporate the town of Forestville, Wake county, North Carolina. The General Assembly of North Carolina do enact : Section 1. That the town of Forestville, in Wake county, North Incorporated. Carolina, be and the same is hereby incorporated under the name and style of the "Town of Forestville," and shall be sub- Corporate name. ject to all the provisions of law of chapter sixty two (62) of The Code or other existing laws in reference to incorporated towns. Sec. 2. That the corporate limits of said town shall be one- Corporate limits. fourth (4) mile east, three-eight (%) mile south, one-fourth (4) mile west, and one-half (1⁄2) north of “J. R. Dunn old store place." Sec. 3. That the officers of said corporation shall consist of a Town officers. mayor and five commissioners., and the following-named persons shall fill said offices until the first Monday in May, Anno Domini nineteen hundred (1900), viz: Mayor, S. W. Allen; commission- Temporary ers, W. P. Nuckler, A. C. Dunn, J. Q. Phillips, G. S. Patterson and P. P. Loyd. officers. Sec. 4. There shall be an election held for the officers men- Annual elections. tioned in this act on the first Monday in May nineteen hundred, and each succeeding year thereafter, under the same laws and restrictions that county and state elections are held, and all legal voters within said corporation who have resided in the state twelve months and within the corporate limits ninety days previous to the day of election shall be entitled to vote at said election. Sec. 5. That said commissioners shall have power to pass all by-laws and rules and regulations for the good government of the town not inconsistent with the laws of the state or United States, and shall have power to levy and collect a tax on all subjects of state taxation not to exceed one dollar on the poll and thirty-three and one-third cents on the one hundred dollars worth of property, real and personal; to impose fines and penalties and collect the same. They shall also have power to appoint a clerk, treasurer or other officers if they deem it necessary, and shall fix the pay of said offices of said town. Sec. 6. That this act shall be in force from and after its ratification. Ratified the 6th day of March, A. D. 1899. Power of com missioners to pass rules, regula tions, etc. Body corporate. Corporate name. CHAPTER 199. An act to amend the charter of the town of Farmville. The General Assembly of North Carolina do enact : Section 1. That the inhabitants of the town of Farmville shall be and continue as heretofore they have been, a body politic and corporate, and henceforth the corporate limits shall have the name and style of the "Town of Farmville," and under such name and style is hereby invested with all the property rights Corporate rights. which now belong to the corporation under any other corporate name or names, and in and by this name may sue and be sued, plead and be impleaded; acquire and hold property, real and personal, for the use of the town, as its board of commissioners may deem necessary and expedient. Corporate limits. Division of wards. Annual elections. Election of commissioners. Registration of voters. Sec. 2. That the corporate limits of said town shall be as follows: Five hundred yards each way from where Church street crosses Main street at the old church well. Sec. 3. That hereafter the town shall be divided into two wards, denominated as the first and second wards: That portion of the town lying north of a straight line running through the town with the southwestern line of R. L. Davis' Bruner lot, S. F. Pollard's and lone B. Hooker's lots shall constitute the first ward, and that portion of the town lying south of the said line shall constitute the second ward. Sec. 4. There shall on the first Monday in May, eighteen hundred and ninety-nine, and on the first Monday in May annually thereafter, be elected five commissioners for said town, who shall hold their offices until their successors are qualified, four of whom shall be chosen from the first ward and one from the second ward, and such commissioners shall be residents of the ward for which they are chosen and shall be elected by the qualified voters of the said ward, and must have resided in the state twelve months and in the corporation ninety days next preceding the day of election. Sec. 5. That the board of commissioners of the town of Farmville shall select at their regular meeting in March, eighteen hundred and ninety-nine, and annually thereafter, a registration of voters for each of the two wards of the town of Farmville, both of whom shall be qualified voters, one from each ward, and shall cause publication to be made at [--] public places in the said ward and notice to be served on such person by the constable of the town, and shall give ten days' notice of a registration for voters in and for said wards, specifying the time and place and the names of the registrars. Sec. 6. That the registrars shall be furnished by the said board trars. of commissioners with registration books, and it shall be their Duties of regis duty, after being qualified, to perform the functions of their office fairly and impartially according to law; that they shall open their books for registration of any electors in said town and entitled to such registration whose names have never before been registered in said town or do not appear in the revised list, and to register therein the names of all persons applying for registration and entitled to register and vote in that ward in which such registrar has been appointed. But the board of commissioners, upon ten days' notice, may direct that there shall be an entirely new registration of voters whenever they may deem it nec- Commissioners essary for a fair election. may order new registration. Appointment of judges of elec Sec. 7. That the board of commissioners in the town of Farmville shall, in the year eighteen hundred and ninety-nine, and on. annually thereafter, appoint two judges or inspectors of election for each ward of the town of Farmville, one from each of the two leading political parties. After they have been duly sworn by the mayor or the justice of the peace to conduct the election fairly and impartially and according to law, it shall be the duty of said registrars and the judges or inspectors of the election to open the polls in the ward in which they have been respectively appointed and superintend the same for the municipal election to be held on the first Monday in May next succeeding. Sec. 8. All electors who are qualified to vote under the consti- Persons entitled tution of North Carolina and have resided in the town of Farm- to vote. ville and in the ward for which they offer to register ninety days next preceding the election shall be entitled to register hereunder. Sec. 9. The polls shall be opened on the day of election from Polls, when seven o'clock in the morning until sunset of the same day; the opened. commissioners for each ward shall be voted for on one ballot. Sec. 10. That at the close of the election the votes shall be Votes counted by judges. counted by the judges, and such persons voted for as commissioners having the largest number of votes shall be declared elected commissioners of their respective wards. Sec. 11. After the ballots are counted they shall be carefully Ballots shall be preserved. preserved and shall be, together with the poll list, which shall be signed by the judges of the election, and the registration books, delivered to the clerk of the town of Farmville for preservation. The registrars and inspectors shall also furnish to each person as commissioner in their ward a certificate of election. Sec. 12. That on Tuesday succeeding the day of such election each commissioner elected thereat shall, before entering upon the duties of his office, take before the mayor or some justice of the peace an oath that he will truly and impartially perform the PRIV-35 when commis qualify. sione's shall Election of mayor. Term of office. Mayor may be removed. Mayor shall take oath. Term of office of commissioners. Persons elected mayor and re fusing to qualify. Jurisdiction of mayor. Constituted a special .court. May issue processes, etc. duties of commissioner for the town of Farmville according to the best of his skill, ability and judgment. Sec. 13. That the board of commissioners at their first meeting after their election shall choose some person, not one of their own number. to be mayor of said town, to hold his office until his successor shall quality, who shall preside at the meetings of the board of commissioners and have the rights and powers and perform all duties prescribed by law for such officers. For misconduct in office the mayor may be removed from his office by a vote of three-fifths of the entire number of the board of commissioners, and upon such office becoming vacant for any cause the board of commissioners shall fill the same for the unexpired term. Sec. 14. That the mayor, immediately after his election and before entering on the duties of his office, shall take his oath of office before a justice of the peace. Sec. 15. That the commissioners shall hold offices until the next ensuing election and until their respective successors are qualified. Sec. 16. That if any person elected mayor shall refuse to be qualified, or if there is a vacancy in the office after election and qualification, or if the mayor be absent from the town or unable to discharge the duties of his office, the commissioners shall choose some qualified person for the term or the unexpired portion of the term or during his absence or disability, as the case may be, to act as mayor; and he shall be clothed with all the authorities and powers given under this charter to the regularly elected mayor, and the commissioners shall on like occasions and in like manner choose other commissioners to supply the place of such as shall refuse to act and of all vacancies which may occur, and such persons only shall be chosen as are heretofore declared to be eligible: Provided, in the event of the mayor's absence or sickness or inability to act the board of commissioners may appoint one of their number pro tempore to exercise his duties. Sec. 17. That the mayor of the town of Farmville is hereby constituted a special court, with all the jurisdictions and powers in criminal offenses occurring within the limits of the said town which are or hereafter may be given to justices of the peace. He shall preserve and keep the peace and may cause, upon proper proceedings. to be arrested persons charged or convicted of crimes in other counties or states who may be found in the town limits and bound or imprisoned to appear at the proper tribunal to answer for their offenses. He shali also have jurisdiction to issue process, and exclusive original jurisdiction to hear and determine all misdemeanors consisting of a violation of the ordinances of |