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Sec. 6. It shall be the duty of the mayor to have all persons who are tramps or vagrants, as defined by the laws of North Carolina, brought before him and to notify such tramps or vagrants to find employment within twenty-four hours or leave the city; and upon failure or refusal to do so within said time to arrest and put them to work on the streets or other city property for a period not exceeding thirty days.

Sec. 7. The terms of the city attorney and the city clerk and treasurer shall be for two years, beginning on the first Monday in April of each year in which the new board of aldermen are to be elected under existing laws, and shall not be removed except for

cause.

Sec. 8. That Jesse Wilder, C. W. Yates, S. P. McNair, H. C. McQueen and W. A. Riach be and they are hereby appointed members of the board of audit and finance, whose terms shall commence upon the expiration of the term of the members of the present board, and shall continue for two years and until their successors are appointed.

Sec. 9. That whenever the executive committee of any political party of citizens in the city of Wilmington decide to take by pri mary election the sense of the members of the said party as to the proper person or persons to be presented on behalf of that party to the voters of the city at an election to be held in the city, under the laws of this state, for the election of aldermen in the several wards of the city, and as to the proper persons to be presented to the board of aldermen as the candidates of that party for the offices of mayor and chief of police, and for the selection of the members of the city executive committee of such party, the said committee shall file a notice of the primary, with such rules for its conduct as it may adopt, not inconsistent with this act, with the city clerk and treasurer of said city, at least ten days before the time designated for the holding of said primary. Such notice and rules shall be signed by the chairman or acting chairman and attested by the secretary of said executive committee, and by their certified oath to true and correct copies of the original adopted by a majority of said committee. Said notice shall state the places where the voters belonging to that party are requested to cast their votes for the candidates as herein stated; and there shall be only one such place designated for each ward of the city; and the day on which such primary election is to be held, not less than ten days before the city election, and the hours within which it is to be held and the names of the inspectors appointed to hold such primary election and receive the votes that may be cast thereat and make report and return thereof, and the time when such return and report shall be made to the committee directing such primary election to be held; and, also, the date at which a second primary shall be held,

as hereinafter provided, in cases where no one voted for shall have received a majority vote of those cast at the first primary. On the filing of the said notice, and, if the said committee shall have adopted rules for the conduct of said primary, upon the filing of said rules, as provided, with the city clerk and treasurer, the said officer shall immediately cause the same to be copied in a book to be kept and preserved in his office for that purpose, and une said notice and rules to be published in three issues each of at least two, or more in his discretion, of the daily newspapers published in said city, under his certificate that the same were filed in his office and the primary called pursuant thereto.

Sec. 10. That no person can vote or take part in the proceed- Persons entitled to ings of any primary election who is not by the laws of the state take part in pria lawful elector at the time such primary election is held.

mary.

Sec. 11. That the executive committee appointing the inspec- Executive commit tee may declare tors to hold such primary election may declare the terms and certain forms for conditions on which legal electors offering to vote at such elec- electors. tion shall be regarded and taken as proper members of the party at whose instance or in whose interest such primary election has been called or may be held, and therefore entitled to vote at such election as a member of that party, and to provide rules and regulations, not inconsistent with this act, for the conduct of such primary. And upon the filing and publication of said rules and regulations, as herein before provided, any person who shall knowingly and willfully violate or attempt to violate Persons violating the same shall be guilty of a misdemeanor and upon conviction shall be fined or imprisoned in the discretion of the court trying the same: Provided, that the rule or regulation so violated or attempted to be violated be not inconsistent with the provisions of this act or the law of the state. And the record of he said rules and regulation in the office of the city clerk and treasurer shall be received in any court of this state as the evidence of the primary rules and regulations adopted by said party.

rules of committee.

Sec. 12. That any recognized member of the party in whose in- Right of persons to terest such election is held may challenge the right of any person may be challenged. vote in primary offering to vote at such election and the inspectors there authorized to hold, and holding, such election shall determine on the evidence there furnished whether the person so offering is entitled to vote at such election, and shall receive or reject such votes so offered as to them the evidence for or against the right of the persons so offering to vote shall reasonably warrant.

Sec. 13. That the polls shall be open for such primary elections when polls shall be from seven A. M. to seven P. M., and all votes shall be by ballot. opened. The report of the committee so directing such primary election by the officers holding the same, shall be in writing, with which the original ballots shall be returned and the poll list of the voters made at the time of the voting and the reasons on which Priv 38

Majority vote in ward shall determine result.

Result of primary shall be published.

Except as herein provided, primaries shall be regulated by election law.

Persons illegally voting, etc., guilty

of misdemeanor.

any challenged vote was received or rejected. Said committee shall carefully examine the returns and reports so made and thereupon decide who are the persons that have been chosen by the majority vote cast in the primary election, and as candidates of the party for the office of aldermen at the approaching election; and such of the executive offices of the city to be voted for by the aldermen then to be elected as are mentioned in section nine. The majority vote in a ward shall determine the result in that ward as to the persons to be the candidates of the party in that ward for aldermen and the committeemen for the ward to serve on the party's city executive committee. The majority of the aggregate vote cast in all the wards shall determine who shall be the party candidates for mayor and such other of the officials as are mentioned in section nine. The said committee shall without delay publish in at least one issue each of two daily newspapers published in said city, the tabulated statement of the result of the primary and declare who shall have been nominated and for what office, and also for what offices by reason of no person having received a majority of the vote cast there has been a failure to nominate. Thereupon, the second primary shall be held, as may be necessary because of the failure to nominate, at the time designated in the first notice, and by the same inspectors appointed to hold the first primary, no other than the first notice being necessary; and at such primary only the two persons who shall have been voted for and received the highest and next highest vote in the first primary for candidate for a particular office shall be voted for in the second primary for that office; unless, either of those shall publicly withdraw by letter addressed to the said committee, in which event the third highest shall be then substituted for the person so withdrawing, or the fourth highest; and so on, if the person voted for the first and entitled to be voted for in the second primary shall in said manner withdraw. And the vote shall be canvassed and the result declared in the same manner as herein provided for the first pri

mary.

Sec. 14. That except as herein provided all elections at primary elections under this act shall be regulated by the election law of the said city in force at the time such primary election is held as nearly as the same can be done.

Sec. 15. That if any person who is not entitled to vote under this act shal. vote at any primary election held hereunder, or vote more than once, or personate another person, or in any name other than his own legal name, or in any manner disturb the orderly proceedings of any such election, or intimidate, or in any manner attempt to intimidate, or to deter from voting, or bribe, or attempt to bribe, any lawful voter, or impose, or attempt to impose on any lawful voter, a ticket or ballot other

than it appears on its face to be, such person or persons shall be
guilty of a misdemeanor, and on conviction shall be fined not
less than ten dollars, or be sentenced to hard labor upon the Penalty.
streets of the city for not more than three months, one or both
at the discretion of the court trying the case.

take oath before

duties.

Sec. 16. That the inspectors who may hold such primary elec- Inspectors shall tions under this act, and return the votes, proceedings, and ac- entering upon tions thereof, herein provided, shall before assuming the duties make oath before some officer authorized to administer an oat, that they will honestly, faithfully and to the best of their ability, do and perform all the duties of their respective offices, and any willful violation of said oath or of any oath taken under the provisions of this act, shall be held to be perjury, and shall be punished as provided by the laws of the state for the crime of perjury.

The chief of police and the sheriff of New Hanover county are Order shall be preserved at primaries. required that good order is preserved at such election, and may arrest and present for commitment to the nearest officer clothed with the power of justice of the peace, all persons who may be guilty of any violation of the provisions of this act.

Sec. 17. That the inspectors holding such primary election Persons offering to vote may be reunder the provisions of this act may of their own motion, or in quired to take oath. case of the challenge of any person offering to vote, if they deem there is any doubt of the propriety under the provisions of this act of the vote so offered, require of the person so offering to vote his oath to the fact which authorized the vote, and if the person so offering to vote declines to make the oath so demanded, his vote shall be rejected.

Sec. 18. That the costs and expenses of holding such primary Expense of holding such primary. election shall be borne by the city. The compensation of each of the inspectors shall be three dollars a day, and all other charges and expenses shall be reasonable.

Sec. 19. That there shall be three inspectors of election ap- Three inspectors shall be appointed pointed for each election precinct at such primary election and for each precinct. in making the appointment of inspectors, the executive committee shall so far as possible select qualified voters from a list of names agreed upon by a majority of the candidates before the primary election, provided such agreed list is filed with the committee, on such day as may be designated by the committee.

Sec. 20. That the executive committee of the city when they On application of 100 members, exare petitioned by one hundred qualified electors of the same poli- ecutive committee tical party the committee belongs to, shall call and cause to be shall order primary held a primary election as provided for in this act, and should the committee refuse to call or hold such primary election as petitioned for, they shall be guilty of a misdemeanor and upon conviction be punished by imprisonment in the county jail not less than thirty days or more than ninety days.

Conflicting laws repealed.

Sec. 21. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Sec. 22. That this act shall be in force from and after its ratification.

Ratified the 4th day of March, A. D. 1899.

Corporators.

Body corporate.
Corporate name.
Corporate powers.

Capital stock.
May be increased.

Books of subscription may be opened.

CHAPTER 214.

An act to incorporate the Burlington and Southern Railroad Company.

The General Assembly of North Carolina do enact:

Section 1. That R. L. Holt, J. H. Holt Jr., E. C. Holt, W. I. Holt, F. L. Williamson and J. W. Williamson, their associates, successors and assigns, be and are hereby created and constituted a body politic and corporate under the name of the Burlington and Southern Railroad Company, and under that name and style they and their successors and assigns shall have succession for sixty years and shall have power to sue and be sued, plead and be impleaded, to prosecute and defend to final judgment and execution in all courts of this state; shall have a common seal and shall have power to purchase, hold and convey lands, tenements, goods and chattels necessary or expedient to the purposes and objects of this corporation; they shall have power also to make such by-laws and regulations for the government and conduct of the business of the corporation as they may deem necessary, not inconsistent with the laws and constitution of this state.

Sec. 2. That said corporation is hereby authorized and empowered to survey, lay out, construct, equip, maintain and operate by steam or other motive power a railroad with one or more tracks from some point on the North Carolina Railroad at or near the city of Burlington in Alamance county, to the town of Pittsboro in Chatham county, or to some point on the line of a railway in the counties of Guilford, Randolph or Chatham, as it may deem best.

Sec. 3. That the capital stock of said company shall be fifty thousand dollars with the privilege and power of increasing the same to five hundred thousand dollars, divided into shares of the par value of one hundred dollars each. The capital stock shall be raised by subscription on the part of individuals, townships, municipal or other corporations.

Sec. 4. That the corporators herein named may cause books of subscription to be opened at such times and places as they may appoint, and said corporations, at any time after the sum of ten thousand dollars has been subscribed to the capital stock of said

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