Charter to be interest so long as the same shall accrue, and the excess of said taxes, Excess, how applied. if any, shall be applied to the general county, town, city or township purposes; that when the said interest shall cease to accrue by reason of the payment of said bonds the said taxes shall be applied to general county, town, city or township purposes. That if work shall not be commenced on said railroad within six years after the ratification of this act then the charter shall be void." SEC. 8. That this act shall apply to all subscriptions which have Act applicable to former subscripheretofore been made to said railroad by any township. tions. void if work not begun in six years. in certain town SEC. 9. That all townships which have heretofore held elections Another election upon the township subscribing to the capital stock of the company ships. and which failed to vote for subscription, are hereby fully authorized and empowered to hold another election as herein provided for in the original act and the foregoing amendments. SEC. 10. That this act shall be in force from and after its ratification. CHAPTER 133. An act to amend the charter of the city of Statesville. The General Assembly of North Carolina do enact: amended. SECTION 1. That chapter forty of the private laws of eighteen hun- Chapter 40, pridred and eighty-five, the same being the charter of the city of States- vate laws 1885, ville, be amended as follows: Strike out all after the word "territory" in the second line of section one of said act down to the word "shall" in line eight of said section and insert the following in lieu thereof, namely, described as follows, to-wit: "Beginning at a stone Corporate limits. on the north side of the Jonesville road near where said road and the Mocksville road fork; thence south twenty-four degrees east one hundred and ninety-four poles to a stone; thence south sixty-six degrees west one hundred and thirty-five poles to a stone; thence south twentyfour degrees east one hundred and thirty poles to a stone; thence south sixty-six degrees west one hundred and twenty-five poles to the switch on the Atlantic, Tennessee and Ohio Railroad; thence with said switch to the Western North Carolina Railroad; thence with said railroad west to the crossing of Fourth street of the Statesville Development Company; thence with the west side of said street one hundred and sixty-nine and one-half poles to Newbern Avenue; thence with said avenue eighty-five poles to Eighth street; thence with the east side of said street one hundred and forty poles to the north side of the Western North Carolina Railroad; thence along the west side of said Western North Carolina Railroad eighty-two and one-half poles to the bridge crossing to the Statesville Development Company's land; thence north eight poles to the south side of the Statesville and Western Railroad; thence with the south side of said railroad ninety-three poles to a stake; thence south sixty-six degrees west one hundred and three poles passing an old stone corner to a stone, an original corner; thence north twenty-four degrees west passing near the fork of the Taylorsville and Lewis ferry road two hundred and twenty-two poles to a stone; thence north sixty-six degrees east five hundred and fifty-six poles to the beginning corner." SEC. 2. That this act shall be in force from and after its ratification. Ratified the 28th day of February, A. D. 1893. Chapter 71, laws 1889 (incorporating Aberdeen & West End R. R. Co.) amended. Authorized to construct branch roads, &c. CHAPTER 134. An act to amend section two of chapter seventy-one of the laws of eighteen hundred and eighty-nine. The General Assembly of North Carolina do enact : SECTION 1. That section two of chapter seventy-one, of the laws of eighteen hundred and eighty-nine, be amended by adding to the end thereof the following: That said company may in its discretion construct and operate two branch roads, neither of which shall exceed ten miles in length, with right to remove from the road-bed of said branch roads the cross-ties, iron rails and joint fastenings and such other property as may be placed thereon after five years from the ratification of this act. SEC. 2. That this act shall be in force from and after its ratification. Chapter 135, private laws 1891, amended. Mayor and alder men authorized to issue bonds for street improvement, &c., within four years from Feb. 28, 1891. CHAPTER 135. An act to amend chapter one hundred and thirty-five, acts of eighteen hundred and ninety-one, relating to the charter of the city of Asheville. The General Assembly of North Carolina do enact : SECTION 1. That line three of section two of chapter one hundred and thirty-five of the laws of eighteen hundred and ninety-one be amended by striking out the word "two" in said line and inserting in lieu thereof the word "four," so as to extend the time for carrying out the provision of said chapter for two years. SEC. 2. That this act shall be in force from and after its ratification. CHAPTER 136. An act to amend chapter two hundred and eighty-five, private laws of one thousand eight hundred and ninety-one, entitled "An act to incorporate the town of New London." The General Assembly of North Carolina do enact : Corporate limits reduced. SECTION 1. That chapter two hundred and eighty-five, private laws Chapter 285, private laws 1891, of one thousand eight hundred and ninety-one, be amended by striking amended. out the words "three thousand nine hundred and thirty-eight in section two and inserting in lieu thereof the words "two thousand.” SEC. 2. That this act shall be in force from and after its ratification. Ratified the 28th day of February, A. D. 1893. CHAPTER 137. An act to amend chapter one hundred and five, private laws of eighteen hundred and eighty-nine, entitled "An act to incorporate the Farmers' State Alliance of North Carolina and Sub-Alliances. The General Assembly of North Carolina do enact: vate laws 1891, amended. debts. SECTION 1. That chapter one hundred and five, private laws of Chapter 105, prieighteen hundred and eighty-nine, be amended by adding at the end of section two of said act the following: Provided, that no individual stockholder in the business agency fund of the Farmers' State Alliance of North Carolina, or in any other business enterprises conducted or in any way controlled by the said State Alliance, or by any county or sub-alliance, and no member of such alliance or alliances who is not a stockholder in said fund or enterprise shall be individually liable for any debt or obligation contracted by the alliance or alliances, or by any officer, manager, agent or employee thereof. SEC. 2. That section three of said act of eighteen hundred and No increase of eighty-nine be amended by adding to the end thereof the following: Provided, that the amount of salary paid to any officer or employee of the Farmers' State Alliance or any county or sub-alliance shall not at any time be increased from and after the ratification of this act; and any amendment to an alliance constitution or any by-law passed Forfeiture of hereafter for the purpose of increasing any such salary shall work a forfeiture of the charter of the State Alliance, county alliance or suballiance passing the same. salaries. charter. Contributor to funds for carry ing on state business agency, &c., authorized to withdraw amount paid in, &c. Certificate to be forwarded to trustee, &c. Affidavit in lieu of certificate. Duty of trustee. Person contributing through County Alliance, &c., entitled to demand proportionate part, &c. Amount, how determined. Affidavit of apicant. Failure of trustee to pay to work forfeiture of charter. Business agent and trustee to give bond. SEC. 3. That section four of said act of eighteen hundred and eighty-nine be amended by adding to the end thereof the following: Provided, that from and after ratification of this act any person who shall hereafter contribute, or has contributed, any amount to a fund raised by the said Farmers' State Alliance of North Carolina for the purpose of carrying on a state business agency, or any other business enterprise, shall have the power to withdraw from such fund the amount so paid or contributed to such fund, whether such amount can be proven by certificate or not: Provided, that the person holding a certificate shall forward the said certificate to the trustee of the business agency fund, or to any person having charge of said fund, before recovering the amount paid into said fund; and any person not holding a certificate shall before recovering the amount paid by him send to said trustee an affidavit made before a justice of the peace stating the said amount, and that said certificate has not been transferred and has been lost. Upon receiving the said certificate or affidavit it shall be the duty of said trustee of said business agency fund, or other person having charge of said fund, to send by mail to the person so sending such certificate or affidavit the amount contributed by said person less the postage required to send said amount. That any person who has contributed or hereafter shall contribute any amount to any county alliance or sub-alliance, and said county alliance or sub-alliance has paid or shall hereafter pay any sum into the said business agency fund shall have a right to demand of said trustee his proportionate part of the sum so paid by said county alliance or sub-alliance; the proportionate part of said sum due such person shall be ascertained by dividing the sum so paid by said county alliance or sub-alliance by the number of male members of said county or sub-alliance at the date of payment of such sum into the said fund. The affidavit of any such applicant stating the number of male members of such county or sub-alliance at the time of such payment, and that he was a member thereof, accompanied by the certificate of two members in good standing of the alliance for the county where the applicant resides, of the truthfulness of such affidavit, shall be sufficient proof of such membership and of the number of members of said county or sub-alliance at the time of such payment. SEC. 4. If the said trustee shall for the period of sixty days after the application of any person under this act for repayment fail to pay said person any sum due by virtue of this act, the said failure to pay shall work a forfeiture of the charter of the said State Alliance. The business agent and the said trustee of the business agency fund shall each give a bond for the faithful performance of his duty, payable to the Farmers' State Alliance, with two or more sureties. The bond of the said business agent shall be for the sum of thirty thousand dollars, and the bond of the said trustee shall be for fifty thousand dol sureties. lars. The sureties on said bonds shall be justified as required by law Justification of as the sureties on the bonds of an administrator, and shall be deposited in the office of the clerk of the superior court of the county where the said business agent or trustee respectively reside. Payment of profits by busi ness agent to 4 trustee. SEC. 5. It shall be the duty of the state business agent to pay in the months of May and November of each year to the said trustee all the profits arising from the operations as such business agent after paying all necessary expenses of carrying on said business, such as rents, taxes, salaries, clerk hire, fire insurance, etc. SEC. 6. It shall be unlawful for the said trustee or any officer, agent Unlawful use of fund. or employee of the said business agency or State Alliance or county or sub-alliance to use or permit to be used any part of said fund or any fund belonging to said agency, state, county or sub-alliance, directly or indirectly, for any purpose not embraced in said act of eighteen hundred and eighty-nine or in this act. Violation of this act to work for feiture of charter. SEC. 7. Any violation of any provision of this act by the said trustee or business agent or any employee of said trustee or business agent shall work a forfeiture of the charter of the State Alliance. SEC. 8. It shall be the duty of the attorney-general, upon satisfac- Duty of Attorney General to bring tory proof of a violation of any provision of this act, to bring an action. action in Wake superior court to enforce the forfeiture of said charter. All laws and clauses of laws in conflict with this act are hereby Conflicting laws repealed. SEC. 9. That this act shall be in force from and after its ratification. repealed. CHAPTER 138. An act to incorporate the Wilkes County Bank. The General Assembly of North Carolina do enact: SECTION 1. That W. F. Trogdon, S. L. Trogdon, C. L. Trogdon, Incorporators. J. M. Winstead, B. Shumate and Mrs. D. A. Swain, and their asso ciates and successors, be and they are hereby constituted and declared to be a body politic and corporate under the name and style of "The Corporate name and existence. Wilkes County Bank," and shall so continue for a period of sixty years; and under such name may acquire, hold and convey real and personal estate, may sue and be sued, plead and be impleaded in any Corporate powof the courts of this state or elsewhere; may make by-laws and regulations for its own government and the due and orderly conducting of its affairs and the management of its property: Provided, the same Proviso. ers. |