ments without paying a license tax either to the state or county or any town in the state. Sec. 2. That this act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1899. CHAPTER 285. An act to incorporate Caldwell Institute, Orange county, North Carolina. The General Assembly of North Carolina do enact: Section 1. That R. N. Hall, Jr., D. S. Miller, Dr. A. C. Jordan, Rev. J. H. McCracken, W. D. Villiner, W. J. Miller, J. D. Nichols, T. H. Wilson, T. J. Hall, J. T. Wilson, Weldon Hall, C. E. Wilson, J. T. Wilkerson, J. C. Rountree, T. J. Riley, R. N. Hall, Sr., J. R. Wilson, W. D. Woods, D. S. Allison, W. R. McKee and Thomas T. Candler, be and they are hereby declared to be a body politie and corporate, to be known and distinguished by the name of the board of trustees of Caldwell Institute, and by that name they shall have perpetual succession and by that name may sue and be sued, plead and be impleaded. Sec. 2. Said board of trustees shall have the power to fill all vacancies occurring in said board caused by death, resignation or otherwise by a vote of a majority of the remaining members of said board, and the said board of trustees of Caldwell Institute shall have power in law to receive and possess all moneys, goods, chattels and real estate or other property that may be given them, and shall hold the same subject to the will of the donor in special trust that they or the profits thereof shall be applied to and for the use and benefit of said Caldwell Institute. Sec. 3. Said board of trustees shall have power to employ a principal for said Caldwell Institute and such other assistants as they may deem necessary, whose duty it shall be to carry on a school for primary and high-school education upon such termas said board may direct; and said board of trustees of Caldwell Institute may, in conjunction with the principal of said school, prescribe what course of study shall be taught therein, and make such by-laws and regulations as they may deem necessary for the good government of said school, shall have the power to issue certificates of proficiency to those students who shall pass successfully the examination upon the different courses therein taught, which certificates shall be signed by the principal of said school and by the president of the board of trustees and countersigned by the secretary of said board. Sec. 4. Said board of trustees shall have power to adopt a cor- Corporate seal may be adopted. porate seal. Sec. 5. This act shall be in force from and after its ratifica tion. Ratified the 8th day of March, A. D. 1899. CHAPTER 286. An act to amend the charter of the city of Asheville. The General Assembly of North Carolina do enact: Asheville Section 1. That section three of chapter one hundred and Charter of city of sixty-three, private laws of eighteen hundred and ninety-seven, be amended. and the same is hereby amended by striking out of said section the following words in lines fifteen and sixteen, to-wit: "and shall thereafter be ineligible to hold office for the next succeeding term." Sec. 2. That this act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1899. CHAPTER 287. An act to amend chapter three hundred and twenty-one, private laws of eighteen hundred and ninety-five. The General Assembly of North Carolina do enact: Section 1. That throughout said chapter, the words "Miller Private Laws 1895, chapter 32, Gap" and the word "Cranberry" each be displaced as often as it amended. occurs by the word "Pinola." Sec. 2. That in sections seven and eight, the words "where it Sections 7 and 8 intersects the Morganton turnpike road" be stricken out. also amended. Sec. 3. That the company may, at any time, construct a branch Said company may construct branch road from their main line, at John W. Wiseman's, to the head of road, beginning at Bushy creek, at George Weld's, and to this end shall have all the Jas. W. Wiseman's. powers and privileges pertaining to the main line. Sec. 4. That persons going to and from Linville Falls, over the When only half branch line, and not passing through any gate on the main line, toll payable. shall pay half the fare or toll that would be due and payable on the main line, and for this purpose a special toll-gate may be established. Present terminus may be extended. Main line shall cross channel at Linville Falls. Exemption from toll. Sec. 5. That the company may, a. such times and in such sections as they may deem fit, extend their road from its present terminus at W. J. English's towards Marion, under all the powers and privileges of its charter: Provided, however, that said sections as often as completed shall be turned over to the county of McDowell, and kept up as other public roads. Sec. 6. That the main line shall cross the channel at the top of Linville Falls by a bridge. Sec. 7. That if a ford shall be made above said bridge, for temporary use, or to afford a choice of ways, persons crossing said ford shall not be exempt from the regular fare or toll. Sec. 8. That this act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1899. Unlawful to pay for services rendered said turnpike company in any other thing than money. How quorum constituted. Regulation of voting of shares. CHAPTER 288. An act to amend chapter two hundred and twenty-one, private laws of eighteen hundred and ninety-one. The General Assembly of North Carolina do enact: Section 1. That chapter two hundred and twenty-one (221), private laws of eighteen hundred and ninety-one, entitled “An act to incorporate the Valley Crucis, Shawneehaw and Elk Park Turnpike Company," be and the same is hereby amended by adding thereto the following: That it shall be unlawful for any person or any officer of said corporation to pay for any labor or any other service in constructing or repairing said turnpike road in any other thing than money. Any person violating the provisions of this section shall be guilty of a misdemeanor and shal be fined or imprisoned, or both, at the discretion of the court. Sec. 2. 1aat at all meetings of said company, after the passage of this act, the following rules and regulations shall be observed: That in order to constitute a quorum for the purpose of voting, a majority of the voting stock or shares must be present either in person or by proxy in writing and signed by the owners of the stock or shares; that the voting of said shares shall be regulated as follows, to-wit: One share shall entitle the owner thereof to one vote; three shares shall entitle the owner thereof to two votes; five shares shall entitle the owner thereof to three votes; ten shares shall entitle the owner thereof to four votes; each additional ten shares shall entitle the owner thereof to four votes; and the fractional part over ten shares shall entitle the owner thereof to the fractional part of four votes. Sec. 3. That it shall be unlawful for said corporation to pay Salaries of officers. and for any officer or member of the same to receive any greater sum for any one year than the following salaries or fees, towit: President, not exceeding fifty dollars; directors, not exceeding twenty-five dollars each; secretary, not exceeding twenty-five dollars; treasurer, not exceeding five per cent. on gross receipts; and the superintendent not exceeding one dollar and fifty cents per day for the actual time while employed: Provided, that he Proviso. shall not receive pay for more than fifty days in one year: Pro- Proviso. vided further, that when any person is president and also a director in said company he shall receive only one salary: Provided Proviso. further, that this section shall not have the effect to interfere with any salaries or fees of the officers in said company for the year eighteen hundred and ninety-nine. Any person violating Violation of this section misdethe provisions of this section shall be guilty of a misdemeanor. meanor. and shall be fined or imprisoned, or both, at the discretion of the court. Sec. 4. That this act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1899. CHAPTER 289. An act to incorporate the town of Hexiena, in Bertie county. The General Assembly of North Carolina do enact: Section 1. That the town of Hexlena, in Bertie county, be and Incorporated. the same is hereby incorporated under the name and style of Corporate name. Hexlena, and as such shall be subject to and governed by all the provisions of chapter sixty-two of Code of North Carolina not inconsistent with this act. Sec. 2. That the corporate limits of the said town shall be as Corporate limits. follows: Commencing at a point on the Powellsville road, a distance of seventy-five yards from the Hexlena cross-roads at Taylor's store, and thence across Harris' field to a point on the Windsor road, a distance of one hundred and twenty-five yards from said cross-roads, and thence at right angles with said road across T. T. Early's field a distance of two hundred and fifty yards; and thence at right angles turning to the right and running to the Conaritsa road to a point two hundred and fifty yards from said cross-roads, and thence towards the road to Williford schoolhouse, and striking said road a distance of one hundred and twenty-five yards from said cross-roads, and thence at right Town officers. angles and across John Harris' field a distance of seventy-five yards, and thence at right angles and towards the Powellsville road where it strikes the point of beginning, a distance of seventy-five yards from said cross-roads. Sec. 3. That the officers of the said town shall consist of a mayor, three commissioners and a constable; and until their successors are elected and qualified the following shall be officers of Temporary officers. said town: T. T. Early, mayor, and John Harris, L. J. Taylor and Charles Minton commissioners, who shall have all the powers and authority and rights conferred on like officers by The Code, chapter sixty-two: Provided, that no liquor shall be sold in said town until the petition asking for license shall be endorsed by the board of town commissioners in regular session, and that all laws in conflict with this act are repealed. Proviso. Petition for liquor license must be endorsed by commissioners. Election of constable. Sec. 4. The commissioners named herein shall elect a town constable who shall hold his office until his successor is elected and qualified according to law. Sec. 5. This act shall be in force from and after its ratification. Corporators. Body corporate. Duration of charter. CHAPTER 290. An act to incorporate the Ozark Mills. The General Assembly of North Carolina do enact: Section 1. That Geo. A. Gray, John F. Love, P. Kankin, together with all other persons who shall be associated with them and become stockholders in the corporation hereby incorporated, their successors and assigns, be and they are hereby created and constituted a body politic and corporate by and under the name and style of Ozark Mills, by which name the said corporation may sue and be sued, plead and be impleaded, appear, prosecute and defend in any court of law or equity whatsoever, and in all suits or actions, contract and be contracted with, and shall have the privileges and rights hereby specially granted, and such as may be necessary to the full exercise and enjoyment of the same. Sec. 2. Said corporation shall have sixty years succession and enjoy all the rights and privileges, liberties and immunities, franchises and powers conferred upon and pertaining to other similar corporations, and not forbidden by the laws of the United States and of North Carolina, as well as those rights and privileges, liberties and immunities, franchises and powers hereby specially granted. |