Commissioners may pass ordinances.

Sale of liquor pro. hibited.

Violation of ordinances a misdemeanor.

Jurisdiction of mayor.

Constable and marshal, authority of.

Collection of taxes by constable.

Duties of constable.

lected shall not exceed twenty cents on the hundred dollars of property and sixty cents on the poll.

Sec. 5 That the board of commissioners of the town may pass all ordinances they may deen necessary for the good government, quiet, peace, health and safety of the town. not inconsistent with the constitution and laws of the state and of the United States.

Sec. 6. That it shall be unlawful for any person or persons to manufacture, sell, give away, or directly or indirectly dispose of any spirituous, vinous or malt liquors or any other drinks of whatever name or nature containing any per centum of alcohol, within the corporate limits of said town of Granite Fails.

Sec. 7. That the willful and unlawful violation of any ordinance of the town shall be a misdemeanor, but the punishment thereof shall not exceed a fine of fifty dollars or imprisonment for more than thirty days.

Sec. 8. That the mayor of said town, within the limits thereof, shall have and exercise true jurisdiction and power which are now or may hereafter be conferred by the laws governing cities and towns; and constable or marshal of said town shall, within the corporate limits thereof, have and exercise all the authority, rights and powers which are now or may hereafter be conferied by the laws on coustables, including the right and authority to arrest any person without warrant who commits a breach of the peace or violates a town ordinance.

Sec. 9. That the town constable shall collect and pay over to the secretary and treasurer all taxes imposed by the board of commissioners, all fines and costs, when execution is issued to him for that purpose, and return the same in due time to the secretary and treasurer. He shall see that the ordinances of the town are enforced, and report all breaches thereof to the mayor. He shall preserve the peace of the town by suppressing all disturbances in his presence and apprehending offenders and taking them before the mayor; or if they are intoxicated or in any way not in a condition to be brought before the mayor, he may confine them until they are in a condition to be brought before the mayor. He shall execute all process directed to him by the mayor within the limit of the said town and make due return thereof, and in the execution of his duties he may call to his aid such assistance as he may deem necessary. And whenever the board of commissioners may deem it necessary. they may ap point as many additional constables as they see proper. He shall Fees of constable. have the same fees for his services as are allowed the sheriff for similar services, and such additional compensation as the board of commissioners may allow.

Constable

shall execute processes.

Sec. 10. That the secretary and treasurer, before entering upon

treasurer shall execute bond.

the duties of his office, shall enter into a bond conditional upon Secretary and the faithful performance of his duties in the sum of five hundred dollars, payable to the state of North Carolina. with surety to be approved by the board of commissioners. And the town constable shall enter into a like bond before entering upon his duties. And the board of commissioners shall institute suit in the name of the town of Granite Falls upon the relation of the state of North Carolina for any violation of said bonds.

Persons adjudged guilty of viola tion of town ordinance may

be committed to

Sec. 11. That the mayor shall have power to commit any offender who is sentenced to imprisonment for misdemeanor or violation of the town ordinances, or for contempt of the mayor's court, or upon failure to pay fine and cost, to the town prison or the Jail. cominon jail of the county, and the sheriff or jailor shall receive such persons as are committed by the mayor, and shall charge the same fees as in cases of other prisoners, or the mayor shall have power under such rules and regulations as the board of commissioners may adopt, to require any person who fail to pay fines and costs to work on the streets of the town till the fines and costs are paid.

Sec 12. That all fines and penalties imposed for the violation Fines and penalof the town ordinances shall be paid over to the secretary and ties, how applied. treasurer and shall be expended for the improvement of the

streets of the town or for the necessary expenses of the town.

Sec. 13. That the mayor, immediately after the election and Oath of mayor. before entering upon the duties of his office. shall before a justice of the peace take the oath prescribed for public officers and

an oath that he will faithfully and impartially discharge the du

ties of his office according to law.

Sec 14. That each commissioner, before entering upon the du- Commissioners ties of his office shall take before the mayor or some justice of shall take oath. the peace the oath prescribed for pub'ic officers, and an oath that he will truly aud impartially perform his duties of commissioner for the town according to the best of his skill, ability and judgment.

missioners.

Sec. 15. That the mayor and commissioner shall hold their Term of office of offices respectively till the next ensuing election and until their mayor and comrespective successors shall be qualified. The mayor when present shall preside at the meetings of said board of commissioners, but shall not be entitled to a vote upon any question except in case of a tie; in the absence of the mayor the board may appoint one of their number mayor pro tempore. The said board shall Vacancies occurhave power also to fill all vacancies which may occur.

ring.

Sec. 16 Any person qualified to serve and elected mayor or Officers failing to qualify sball commissioner, either by the electors at their annual election or pay penalty. by the commissioners, to fill a vacancy or otherwise, who shall not take the oath of office within five days after his election, or

Empowered to open streets.

Proviso.

Term of office.

Additional powers.

Appointment of registrar and Judges.

Question of in

corporation to be submitted to voters.

Form of ballot.

who having qualified shall fail to serve during the term for which he may be elected (inability from sickness, removal from the town or resignation accepted), shall forfeit and pay fifty dollars, to be recovered before any justice of the peace of Caldwell county in the name and for the benefit of the town of Granite Falls.

Sec. 17. That the commissioners shall have power from time to time to open out any new streets and alleys within the limits of said town by paying the owners through whose lands the said streets and alleys may run the damages, if any there be: Provided, that if the said commissioners and the owner of said land can not agree as [to] the price of the same, it shall be left to three disinterested persons, to be selected as follows: The commissioners shall select one, and the owner of the land one, and the two thus selected shall elect a third man, and the persons thus selected shall assess the damages; and if the owners of the land will not select a man, then the commissioners shall select two men, and the two thus selected shall select a third, and the three thus selected shall assess the damages to the land: Provided that either party being dissatisfied with the decision of the persons thus selected, by giving bond for payment of cost. may appeal to the superior court.

Sec. 18. That the mayor and commissioners and constable named in this charter shall hold said offices, with all the powers, privileges, rights and responsibilities which this charter confers until their successors are elected and qualified.

Sec. 19. That in addition to the rights, franchises and immunities conferred by the foregoing sections the town of Granite Falls shall have and be subject to all the provisions contained in The Code of North Carolina, chapter sixty-two, not inconsistent with this act.

Sec. 20. That the board of commissioners of Caldwell county shall at their regular meeting on the first Monday in April, eighteen hundred and ninety-nine, appoint a registrar and two judges of election from the qualified voters in the boundary set forth in section two of this act, who shall hold the first election for mayor and commissioner provided for in section three of this act. The said registrar and judges of election shall be notified of this appointment by the sheriff of Caldwell county, and they shall hold said election as prescribed in section three of this act. At the said election for mayor and commissioners of said town, to be held on the first Monday in May, eighteen hundred and ninetynine, there shall also be submitted to the qualified voters of said town the question of incorporating said town as provided for in this act. At such election those favoring such incorporation will vote "For charter," and those opposed to such incorporation will

vote "Against charter. If a majrity of the qualified voters in said town shall vote "For charter," then this act shall be in full force and effect, and the mayor and commissioner elected at such election shall [qualify] soon as prescribed in this act; but if a majority of said qualified voters shall fail to vote "For charter," then this act shall be of no effect. The said judge of election shall declare the result of said election and file a report thereof with the board of county commissioners of Caldwell county.

Sec. 21. That this act shall be in force from and after its ratification.

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

CHAPTER 324.

An act to amend the charter of Mount Airy.

Owners of property adjoining sidewalks shall contribute to im

provement of

he General Assembly of North Carolina do enact: Section 1 That after the word "time" in line twenty-seven of section one of chapter three hundred and four of the private acts of the legislature [of] eighteen hundred and ninety-one, the following be inserted: "That every owner of a lot or person having such. as great interest therein as three years lease, which front on a street on which a sidewalk has been established, shall improve in such manner as the commissioners of the town shall direct such sidewalk as far as it may extend along such lot; and on a failure to do so within ten days after notice by the chief of police to said owner. or if he be a non resident of the county of Surry, his agent; or if such non-resident have no agent in such county, and personal notice can not be served upon him or his agent, then after publication of the notice for thirty days by the chief of police in some newspaper printed in the town of Mount Airy, the commissioners may cause same to be repaired with either Commissioners brick, stone, gravel or other material, at their discretion, and the may require repairs. cost thereof may be assessed upon the property of such delinquent and added to the taxes against him or her, and collected in the same manner as other taxes are collected.

Sec 2. That section two of chapter ninety of the private laws Section 2, chapter of the session of the general assembly of eighteen hundred and 90, private laws ninety-seven be and the same is hereby repealed.

of 1897, repealed.

Sec. 3. That all laws and clauses of laws in conflict with this Conflicting laws act are hereby repealed.

Sec. 4. That this act shall be in force from and after its ratification.

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

repealed.

Commissioners of Concord ein

election.

Question to be submitted.

Amount of bonds.

Special annual tax may be levied.

advertised.

CHAPTER 325.

An act authorizing Concord to issue bonds if a majority of the registered voters vote in favor of bonds.

The General Assembly of North Carolina do enact:

Section 1. That the commissioners for the town of Concord are powered to order hereby authorized and empowered to cause an election to be held at the various polling places in said town at such times as said commissioners may appoint, within twelve months from the ratification of this act, and to submit to the qualified voters of said town the question of issuing bonds to the amount of twelve thousand dollars for the purpose and under the provision hereinafter named in this act, and levying and collecting annually a special tax to provide for the payment of the interest thereon and to provide a sinking fund for the payment of the principal of said bonds when they shall become due. The said election shall be Election shall be advertised by the said commissioners for thirty days immediately preceding the day of election in some newspaper published in said town, and held by inspectors and judges under the same rules and regulations provided for the election of state and county officers. Those who are in favor of issuing said bonds and levying and collecting said taxes shall vote a written or printed ticket with the words "For bonds" thereon, and those who are opposed shall vote a written or printed ticket with words "Against bonds" thereon. The result of the e'ection shall be ascertained by the inspectors and judges of election of the respective wards and certified and returned by them to the commissioners for the town of Concord within two days from the day of election, who shall verify and also certify such result and cause the same to be recorded in their minutes.

Form of ballots.

Bonds, for what purpose used.

Limitation to bond issue.

Sec. 2. Said bonds shall be used for the following purpose only, viz: It shall be the duty of the commissioners for the town of Concord to call in and pay all the outstanding floating indebtedness of said town at the date of the issue of said bonds. That if a majority of the qualified registered voters of said town shall vote "For bonds," and said bonds shall be sold, then it shall be unlawful for the commissioners for the town of Concord to issue any script or other evidence of indebtedness on the credit of the town for the payment of any expense or indebtedness that the town may incur in the government or improvement of the same, and should the town authorities issue such script or other evidence of indebtedness, then it shall be void and of no value.

Sec. 3. If a majority of the qualified voters of said town shall vote "For bonds," then the commissioners for said town shall issue coupon bonds not to exceed in amount the sum of twelve