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contract with

SEC. 7. That the commissioners of the said town of Mount Airy Commissioners are hereby authorized and empowered to enter into a contract with of Mt. Airy may] said corporation for supplying said town with water for fire and town company for water, electric purposes and with electric lights and motive-power for town purposes, lights, &c. and make provision for such sum or sums of money as may be agreed How payment provided for upon as compensation for such supply of water and electric lights and motive power in the annual levy and collection of taxes for town expenses.

SEC. 8. That all laws and clauses of laws in conflict with this act Conflicting laws are hereby repealed.

SEC. 9. That this act shall be in force from and after its ratification.
Ratified the 1st day of March, A. D. 1893.

repealed.

CHAPTER 151.

An act to amend the charter of the city of Winston.

The General Assembly of North Carolina do enact:

vate laws 1891,

of tax collector

SECTION 1. That an act entitled "An act to consolidate and revise Chapter 307, prithe charter of the city of Winston," ratified the ninth day of March, amended. eighteen hundred and ninety-one, chapter three hundred and seven, private laws of eighteen hundred and ninety-one, be amended as follows; Strike out section twenty-three of said act and in lieu thereof Biennial election insert the following: "at their first regular meeting in September, by aldermen. eighteen hundred and ninety-four, and biennially thereafter, the aldermen of said city shall elect a tax collector for the city who shall hold his office for two years and until his successor is elected and qualified, but the aldermen shall have power to remove him from Removal. office for inefficiency, misconduct in office, failure to collect and pay over to the proper authorities all taxes due for the preceding year on or before the first day of August of each year and elect his successor

to fill his unexpired term. Said tax collector shall give bond to be Bond.
fixed by the board, and have the rights, power and duties prescribed Powers, &c.
by law for that office: Provided, the present board of aldermen may Proviso.
elect a tax collector at their first regular meeting in May, eighteen
hundred and ninety-three, whose term of office shall expire upon
the election of his successor in September, eighteen hundred and
ninety-four.

SEC. 2. Add to section sixty-nine of said act the following; That City ordinances operative within the ordinances now in force in the city of Winston, and such as may one mile. hereafter be adopted, shall operate and have effect within one mile outside of the corporate limits of the city. The mayor shall have

Criminal jurisdiction of mayor.

Execution of process by policemen.

Proviso.

Scales, weighmaster, &c.

Public buildings, fire-limits, &c.

Fire commissioners.

Proviso.
Powers.

Officers.

Payment of warrants. Proviso.

Proviso.

Proviso.

Police powers of firemen.

criminal jurisdiction over all offences and violations of ordinances committed within one mile outside of said limits to the same extent and in like manner as he now has over offences and violations of ordinances within the corporate limits. That the policemen of said city shall have power and authority to execute all criminal process within one mile outside of said limits to the same extent and in like manner as they now have within the corporate limits: Provided, that this section shall not be construed to extend to the territory now included in the town limits of Salem.

SEC. 3. Add to section seventy-one of said act the following: And the aldermen may erect scales, appoint a weigh-master, fix his fees and direct by whom they shall be paid.

SEC. 4. Strike out section seventy-two of said act and in lieu thereof insert: That they may establish all public buildings necessary and proper for the city, may establish fire-limits extending not more than fifteen hundred feet from the court house square, and prevent the erection, establishment, covering, altering or repairing of any wooden or corrugated iron building or structure therein (where they may increase the danger of fire) without the consent of the board of aldermen.

SEC. 5. That after the word "proper" in section seventy-four of this act the following be inserted: "That they may elect at their first annual meeting, in April next, a committee of three citizens and taxpayers to be known as the fire commissioners-one for one year, one for two years and one for three years; that immediately upon election their term of office shall begin and continue until the election of their successors; that annually after the first election at the first annual meeting in April one commissioner shall be elected for a term of three years: Provided, that one aldermen and no more shall be one of the three members; that said commissioners shall have full and complete control of the fire department; that said commissioners may do such acts and make such expenditures as they may deem best for the equipment and organization of such department, including the purchase of apparatus, erection of buildings, employment of firemen and all other things essential to its establishment and maintenance. Said commissioners shall elect a chairman and a secretary, and the city treasurer shall pay all warrants drawn on him by said chairman and countersigned by said secretary: Provided, said warrants specify the object thereof: And provided further, that it shall be the duty of said fire commissioners to make application to the board of aldermen at their regular meeting on the first day of May of each and every year for such sum or sums of money as they desire to expend in the fire department during the coming year: And provided further, such expenditure shall not exceed such sum as the board of aldermen, upon such application, may grant; that the board of aldermen may pass ordinances clothing firemen with police powers."

billiard tables

SEC. 6. That section fifty-four be abolished and the following License tax on inserted in lieu thereof: "No person, persons or corporation shall and ten-pin erect, put up, use, maintain or keep for public use, any billiard table alleys. or ten-pin alley within the corporate limits of Winston without first having paid the tax and obtained license therefor. That said license Gambling protax shall be one hundred dollars for each table or alley. That no gambling or gambling tables of any kind shall be allowed in the city of Winston."

hibited.

SEC. 7. Amend section eighty-nine by adding after the word "re- Connection of quire" the following: "And in case when required the citizens living premises with se werage pipes along the lines of sewer or owning property along said lines or in the when owners refuse, &c. vicinity thereof neglect or refuse to connect their premises, drains or other pipes with said sewerage, then in that event it shall be lawful for the aldermen, after notice to said owners or their duly qualified agents (which notice in case of non-residents having no resident agent may be made by publication), may cause said premises to be properly arranged for health purposes and properly connected with main sewerage pipes, and the expenses of making said repairs and altera- Expenses, how tions as are conducive to health and of making said connection with paid.

the main sewerage pipes shall be paid by the person in default, and said expenses shall be a lien upon said premises or lot, and if not paid on demand such lot or so much as may be necessary shall be sold by the tax collector to pay said expenses and costs, under the same rules, regulations and restrictions as are required by law for the sale of land for unpaid taxes.

SEC. 8. That all laws and clauses of laws in conflict with this act Conflicting laws are hereby repealed. repealed.

SEC. 9. That this act shall be in force from and after its ratification.
Ratified the 1st day of March, A. D. 1893.

CHAPTER 152.

An act to incorporate the Western North Carolina and Atlanta Railroad Company.

The General Assembly of North Carolina do enact :

SECTION 1. That Charles J. Harris, Joseph J. Hooker, W. A. Enloe, Incorporators. W. E. Moore and C. F. Buffum, of Jackson county, North Carolina, and K. Elias, J. F. Ray, R. L. Porter, of Macon county, North Carolina, their associates, successors and assigns, be and are hereby constituted a body politic and corporate under the name of the "Western

Corporate name.
Corporate pow.

ers.

Authorized to construct railroad.

Termini.

Route.

Construction of part of road, &c.

Capital stock.

Certificates of stock.

Stock-vote. Subscriptions, how paid.

Liability of subscriber. Meetings.

Books of subscription.

Organization.

North Carolina and Atlanta Railroad Company"; and under that name
the said company may sue and be sued, plead and be impleaded; may
have a common seal, alterable at pleasure; may acquire, hold, own
and possess such real and personal estate as shall be necessary for
carrying out the intent and object of this charter and as the interest
of the company may require; that the said company shall have power
and authority to make by-laws for its regulation and management,
and shall have the usual rights, privileges and immunities possessed
and enjoyed by other railroad companies within the state, such as
those granted by the chapters of The Code of North Carolina, entitled
"Corporations" and "Railroad and Telegraph Companies."
SEC. 2. That the said company shall have the right to construct,
operate and maintain a railroad with one or more tracks, to be used
and operated by steam, electricity or other convenient and desirable
motor-power, from the most desirable and convenient point on the
line of the Murphy Branch of the Western North Carolina Railroad
in Jackson county at or near the town of Dillsboro in said county of
Jackson to or near Webster, and by the most convenient, eligible and
direct route by or near the town of Webster in Jackson county; and
thence the most convenient and practicable route to Franklin in the
county of Macon; thence to the state line of Georgia. The said com-
pany may in its discretion construct and operate any part of its road
before the whole thereof shall be completed, and may establish such
gauge for said road as they may deem proper.

SEC. 3. That the capital stock of said company shall be one million dollars, with the privilege of increasing the same to five millions of dollars. It shall be divided into shares of one hundred dollars each, and be transferable upon the books of the company as the by-laws may direct.

SEC. 4. That certificates shall issue for each share of stock in said company to the person subscribing for the same; that at all meetings of stockholders each share shall be entitled to one vote; that subscriptions to the capital stock may be paid in money, land, labor, mines and mineral properties, materials, stocks, bonds or other security, or in any way that may be agreed upon between the president and directors of the company and the subscriber, but no subscriber shall be responsible or liable beyond the amount subscribed by him; that any five corporators may call a meeting of the same upon giving thirty days notice of the time and place of such meeting in some newspaper published in Jackson county, and shall constitute a quorum for the transaction of business; that at said meeting any one of the above-named corporators may be present in person or by proxy, and they may open books of subscription at such times and places. and under regulations and restrictions as said corporators may prescribe; that upon the subscription of five thousand dollars to the capital stock of this company it shall be vested with all the powers,

privileges and franchises conferred by this act, and the corporators,
or any five of them, shall call together the subscribers to the capital
stock for the purpose of completing the organization of the company,
notice of said meeting having been published as hereinafter prescribed.
SEC. 5. That at such meeting, and at each annual meeting there- Directors.
after, the stockholders shall elect a board of five directors who shall
hold office for one year and until their successors shall be elected;
that the said board of directors shall elect one of their number presi- Officers.
dent of the company, and they shall also elect a secretary and treas-
urer, which offices may be combined in one person if the directors
shall so decide, and such other officers as may be deemed necessary

and provided for by the by laws of said company. Said board of Vacancies. directors shall have the power to fill any vacancy which may occur in said board of directors or any other office until the next annual meeting of the stockholders. The meetings of the stockholders shall Annual stockholders meeting. be held annually at such time and place as shall be determined by them, after notice in one or more newspapers published in the state for thirty days before said meeting; that a majority of the stockholders may direct an increase of the capital stock within the limits Increase of capital stock. herein before mentioned at any time after the organization of the company, whereupon the president and directors shall appoint one or more commissioners to open books of subscription at such times and places and under such rules and restrictions as they may prescribe, or they may sell stock of said company for the benefit of the company.

with other roads.

SEC. 6. That whenever the roads of this company and any other Consolidation company or companies incorporated by the laws of this state or any adjoining state shall be connected with each other directly or by railroad between them they may consolidate and merge with one another their respective capital stock, property and franchises, upon such terms as may be agreed upon between them by a majority of their respective stockholders, whereupon the consolidated company may adopt such name as it may choose, and may establish its principal office at any point on the line of the consolidated company's railroad, but the said consolidated company must maintain within this state officers or agents upon whom may be made service of process.

Payment of subscriptions.

SEC. 7. That the president and directors shall have power and authority to require payments from the stockholders whose subscriptions are payable in money on their respective shares from time to time as the wants of the company may demand until the whole of their subscriptions shall be paid. If any stockholder shall fail to pay Remedy against subscriber failing the sum required of him by the president and directors within one to pay. month after the same shall have been required of him, it shall and may be lawful for the said president and directors to sell at public auction and convey to the purchaser the share or shares of such stockholder so failing or refusing, giving one month notice of the time

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