To whom revenue paid. Clerk and treasurer of commissioners. Cost of operation, how paid. Interest on bonds. Compensation of water commission ers. Conflicting laws repealed. into their hands to the treasurer of the board of water commissioners, which money shall be disbursed by the treasurer of the board only upon the warrant of said board of water commission ers. Sec. 16. That the city clerk and treasurer of the city of Charlotte shall be ex officio clerk and treasurer of said board of water commissioners, and for his services as such he shall receive such compensation as shall be fixed by the said board. Sec. 17. That the said board of water commissioners shall, out of any money received by them, pay, first, the costs and expenses of operating the plant or system of water-works under their control, including costs of such improvements as they may deem necessary for the efficient working of the same, and the net balance, if any, they shali pay over to the treasurer of the city of Charlotte. Sec. 18. That the board of aldermen, out of such net balance, if any, shall pay, first, the interest upon such of the bonds of the city of Charlotte as were sold for the purpose of raising money to purchase said system of water-works, and the balance remaining after the payment of such interest shall be invested by the treasurer of the city of Charlotte, under the direction of the boaru of aldermen, and shall remain and be known as a sinking fund to meet the payment of said bonds at their maturity. Sec. 19. That the members of said board of water commissioners shall receive such compensation as shall we fixed by the board of aluermen and shall not exceed the sum of one hundred dollars each per annum. That the amount of said compensation shall be fixed at the time of their entrance into office and shall not be changed during their said terms. Sec. 20. That all laws and parts of laws in conflict with this act are hereby repealed. Sec. 21. That this act shall be in force from and after its ratification. Raufied the 8th day of March, A. D. 1899. CHAPTER 272. An act to amend chapter sixty-four, private laws of eighteen hundred and eighty-nine. The General Assembly of North Carolina do enact: Section 1. That section six of chapter sixty-four of the private acts of eighteen hundred and eighty-nine be amended by insert ing after the word town in the second line of said section the fol- Sale of liquor in lowing words "by prescription or otherwise." Ellenboro, Rutherford county, by prescription or other Sec. 2. That this act shall be in force from and after its rati- wise, unlawful. fication. Ratified the 8th day of March, A. D. 1899. CHAPTER 273. An act to amend chapter three hundred and eleven of the private laws of North Carolina, eighteen hundred and ninety-three. The General Assembly of North Carolina do enact: Section 1. That chapter three hundred and eleven of the pri- Private acts, 1893, chapter 311, vate laws of North Carolina, eighteen hundred and ninety-three, amended. be and the same is hereby amended as follows: 1. Strike out that part of section five after the word "telegraphs" in line thirty-two of said section. 2. Whenever the word "twenty-five thousand dollars" or the figures "($25,000)" appear in said act, strike out the same and insert in lieu thereof the words "ten thousand dollars" or the figures "($10,000)." 3. Strike out the word "five" in line one of section seventeen and insert in lieu thereof the word "ten." Sec. 2. That this act shall be in force from and after its ratifi- . cation. Ratified the 8th day of March, A. D. 1899. CHAPTER 274. An act to amend chapter one hundred and thirty-six, private acts of eighteen hundred and ninety-five. The General Assembly of North Carolina do enact: Section 1. That chapter one hundred and thirty-six, private acts of eighteen hundred and ninety-five, be amended by adding thereto a section as follows, to be numbered section three, to-wit: In addition to the powers and privileges conferred upon the said The Raleigh Electric Company as to the successor to the Raleigh Street Railway Company, it shall have all the rights, powers and privileges usually belonging or pertaining to gas light companies Additional powers granted to Raleigh Electric Company. Proviso. May purchase other property and franchises. Private acts, 1895, numbered section four. Conflicting laws repealed. incorporated under the laws of this state, and to that end may have the power to erect its plant and lay its mains and branch pipes in the city of Raleigh and vicinity: Provided, that before using the streets of the city of Raleigh for such purpose it shall obtain the consent of the board of aldermen of the city of Raleigh. Sec. 2. That said company may purchase and own the capital stock, property and franchises, either or all, of any other company. Sec. 3. That section three of said chapter one hundred and thirty-six, private acts of eighteen hundred and ninety-five, shall be numbered section four. Sec. 4. That all laws and clauses of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 5. That this act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1899. Town of Wakefield, Wake county, incorporated. Limits and boun daries of said town. Officers, when elected. CHAPTER 275. An act to charter the town of Wakefield, Wake county, North Carolina. The General Assembly of North Carolina do enact: Section 1. That the persons residing within the corporate limits of the town of Wakefield, Wake county, North Carolina, which are particularly set forth in section two of this act shall be and are hereby incorporated by the name and style of the Town of Wakefield, and shall be subject to all the provisions contained in chapter sixty-two, volume two of The Code of North Carolina not inconsistent with this act. Sec. 2. That the corporate limits of the said town shall be as follows: Beginning at a point four hundred feet north of Taylor street on a line with the west side of Foster street, thence south with said line to a point in a line with south side of Johnston street, thence east with said line to a point on a line with west side of Perry street, thence north with said line to a point four hundred feet north of Taylor street, thence west on a parallel line with Taylor street to the beginning. Sec. 3. That the officers of said town shall consist of a mayor, five commissioners and a town marshal. That the said mayor and commissioners shall be elected by the qualified voters of said town, and the said marshal shall be elected by said commissioners. Sec. 4. That until the election hereinafter provided for shall Officers pro tem. be held, the mayor and commissioners shall consist of the following persons: Mayor, S. P. Green; commissioners, J. A. Kemp, T. L. Honeycutt, M. C. Chamblee, G. M. Bell and C. E. Pippin, who shall hold their respective offices until their successors are elected and duly qualified. Sec. 5. That there shall be held on the first Monday in May, in Annual election. the year eighteen hundred and ninety-nine, an election for mayor and five commissioners, and every year thereafter, in some convenient place in said town, notice of which shall be given for thirty days in three public places in said town. cers. Sec. 6. That any qualified voters of this state shall be eligible Eligibility of offifor mayor and commissioners. electors. Sec. 7. That all persons entitled to vote in the county of Wake Qualifications of for members of the general assembly, and who have been bona fide residents of said town for ninety days next preceding the election, and shall be otherwise entitled to vote, may vote at said election. mayor. Sec. 8. That the mayor of said town of Wakefield shall have Jurisdiction of the same jurisdiction as a justice of the peace in all criminal actions arising within the corporate limits of said town or within two and one-half miles thereof. ers. demn land. Sec. 9. That in addition to the powers conferred on the com- Powers of commismissioners of incorporated towns enumerated in chapter sixtytwo, volume two of The Code of North Carolina, the said commissioners shall have power to lay out and open any new street or streets within the corporate limits of said town, whenever they deem necessary, and of the necessity thereof the commissioners shall be the sole judges, within said corporation; and they shall have power at any time to widen, enlarge, change, extend or dis- Commissioners may lay out, etc., cont.nue any street or streets, or any part thereof, within the streets, and concorporate limits of said town; and shall have full power and authority to condemn, appropriate or use any land or lands necessary for any of the purposes named in this section, upon making a reasonable compensation to the owner thereof; but in ease the owner or owners of the land sought to be condemned or appropriated for public use by the commissioners and the commissioners cannot agree as to the compensation, then the matter shall be referred to arbitration, the commissioners to choose one and the owners of the land another freeholder and a qualified elector of said town, and in case the owner of said land sought to be condemned shall refuse to choose such an arbitrator then the mayor shall choose in his stead such an arbitrator for him, and in case the two chosen as aforesaid cannot agree, then they s..ali elect an umpire, like qualified as themselves, whose duty it shall be to examine the land sought to be condemned and ascer Commissioners may prohibit stock from running at large. Prohibition of in tain the damage that will be sustained by and the benefits accruing to the owner in consequence of the taking and using and appropriating said land, and award to the owner, if any, that [which] shall be paid by the town for the use of the land so taken, and the award of the arbitrator, or any two of them, shall be conclusive of the right to the use of said land, and shall vest in the commissioners the right to use said land for the purposes for which it was condemned, and the damages, as agreed upon between the owners of the land and the commissioners, or awarded by the arbitrator, shall be paid as other town liabilities: Provided, nat either party may appeal to the superior court of Wane county. Sec. 10. That the said commissioners may prohibit the running at large o' horse, ca'tle, hogs, sheep, jacks, jennets, goats and other live stock in the corporate limits of said town, and are hereby empowered to make such rules and regulations as they may deem best for the impounding and sale of the animals mentioned in this section, as well as other stock not mentioned, found running at large in the corporate limits of said town contrary to the ordinances of said town. Sec. 11. That it shall be unlawful for any person or persons to toxicating liquors. manufacture, sell or give away, or dispose of in any way, directly or indirectly, any spirituous liquors or intoxicating drinks of any kind, for reward or hope of reward, within the corporate limits of said town or within two and one-half miles thereof, and if any person shall violate the provisions of this act he shall be guilty of a misdemeanor. Powers of taxation. Application of taxes, fines, forfeitures, etc. Who required to work streets. Sec. 12. That said commissioners shall have power to levy and collect taxes on all subjects of taxation in said corporate limits, not exceeding ten cents on every one hundred dollars worth of property and thirty cents on each poll, maintaining the constitutional equation between property and poll. Sec. 13. That said commissioners shall have power to apply the taxes collected under this act, together with fines, forfeitures and penalties for violation of the town oruinances, to the improvement of the public streets in said town as they may find necessary. Sec. 14. That all parties subject to road duty be required to work the streets in said town and not on public roads outside the corporate limits of said town. Sec. 15. This act shall be in force and take effect from and after its ratification. Ratified the 8th day of March, A. D. 1899. |