CHAPTER 153. An act to incorporate the city of Fayetteville. The General Assembly of North Carolina do enact: SECTION 1. That the inhabitants of the city of Fayetteville shall be Incorporated. and continue a body politic and corporate, and in the name of the city of Fayetteville shall have the right to sue and be sued, contract Corporate name. Corporate powand be contracted with, to purchase, hold and convey real and per- ers." sonal property for the purpose of the government of said city, its welfare and improvement, and under the name and style aforesaid is hereby invested with all the property and rights of every kind which now belong to the present commissioners of Fayetteville or which are under their control. SEC. 2. That the corporation boundary lines of the city of Fayette- Corporate limits. ville shall be as follows, to-wit: as the boundary lines of Fayetteville now exist. SEC. 3. That the present board of commissioners of Fayetteville Temporary board of aldermen. shall be and constitute the board of aldermen of the city of Fayetteville until the board of aldermen and mayor provided for in this act are elected and qualified, and as such shall have the same power and Powers. authority now conferred upon them by law and such additional authority as may be conferred upon the board of aldermen of the city of Fayetteville by this act. ness. SEC. 4. That all valid indebtedness incurred by the present com- Valid indebtedmissioners of Fayetteville shall be binding upon the city of Fayetteville and shall be paid by the city according to the terms thereof. SEC. 5. That the said city of Fayetteville shall be divided into seven Divided into wards. wards, to be known and designated as wards one, two, three, four, five, six and seven, and the following are declared the boundary lines of said wards: the same as the boundary lines of the wards of Fay- Boundaries. etteville as they now exist. audit. SEC. 6. They [there] shall on the first Monday in May, one thousand Annual election of mayor, aldereight hundred and ninety-three, and on the first Monday in May annu- men and board of ally thereafter, be elected a mayor, fourteen aldermen and three members of a board of audit and finance for said city, who shall hold their offices until their successors are qualified; and of said aldermen two shall be selected from each ward in the city. Such aldermen shall be residents of the wards for which they are chosen, and shall be elected by the qualified voters of the city. Upon the qualification of Present commissaid mayor and aldermen so elected the present commissioners of over corporate Fayetteville shall, without delay, turn over to them all corporate property, &c. property and their duties shall thereupon cease and determine; and all officers, agents, servants and employees of the said commissioners sioners to turn Registrars. Duties of registrar. Registration. Oath of elector. Judges of election. Who entitled to register. Meaning of "residence." When polls open. Who entitled to vote. Challenges. of Fayetteville shall immediately upon the qualification of the mayor and aldermen provided for in this act report to and be subject to the authority of the said mayor and aldermen. SEC. 7. The board of aldermen of the city of Fayetteville shall select at their regular meeting in March, eighteen hundred and ninety-three, and annually thereafter, a registrar of voters for the city of Fayetteville, and shall cause publication thereof to be made at the court-house door and notice to be served on such person selected by the chief of police of said city, and shall give ten days notice of a registration of voters in and for said city, specifying time and place and name of registrar. SEC. 8. The duties of said registrar shall be the same as those now prescribed by law for registrars in state and county elections, except as otherwise provided by this act. SEC. 9. The registration books shall be kept open for ten days only, exclusive of Sunday, and after the same are closed no person shall be allowed to register; but the registrar shall on application, before said books are closed, register all persons not then qualified to vote in the city who will have become so qualified on or before the day of election. Immediately after the books are closed they shall be deposited in the office of the mayor and under his charge all citizens of Fay etteville desiring so to do may inspect them. SEC. 10. Any person offering to register in said city shall take and subscribe the following oath or affirmation: "I do solemnly swear that I am, or will be, twenty-one years of age; that I have been, or will have been, an actual bona fide resident of North Carolina for twelve months and an actual bona fide resident of the city of Fayetteville for ninety days on the first Monday of May next, and that I have not been convicted of any crime which under the laws of North Carolina disqualify me to vote: so help me, God." SEC. 11. The board of aldermen of the city of Fayetteville shall at their meeting in March, one thousand eight hundred and ninetythree, and annually thereafter, appoint two judges of election for the city of Fayetteville to open the polls and superintend the same for the municipal election to be held on the first Monday of May next succeeding, and the polls shall be opened at such place in the city as said board shall designate. SEC. 12. All electors who have been bona fide residents of North Carolina for twelve months and of the city of Fayetteville for ninety days next preceding the election shall be entitled to register hereunder. A residence of said city shall be construed to be permanent citizenship thereof and not a temporary residence. The polls shall be open on the day of election from sunrise in the morning until sunset the same day. No person whose name has not been duly registered shall be allowed to vote; and any one offering to vote may be challenged at the polls, and if the judges of election shall sustain the challenge his ballot shall not be received. Ballots shall be on white Ballots. paper and without device. The aldermen shall be voted for on one ballot, and likewise the board of audit and finance. SEC. 13. If among the persons voted for two or more shall have an Tie vote. equal number of votes, and either would be elected but for the equal vote, the judges of election and registrar shall decide the election between such persons. As soon as the result of the election is deter- Certificate of mined a certificate thereof shall be made under the hands of the registrar and judges setting forth in writing and words the number of votes each candidate received, which certificate they shall deliver to the mayor. result. tion decided. SEC. 14. Whenever under the provisions of this act any question is How questions to be decided by the judges of election and said judges cannot decide concerning electhe same by reason of a tie vote the registrar shall give the casting vote. aldermen. SEC. 15. That on the Monday next succeeding the day of election Qualification of the aldermen elected thereat shall qualify by taking the following oath or affirmation: “I ...... will truly and impartially perform the Oath. duties of alderman of the city of Fayetteville according to the best of my skill, ability and judgment: so help me God;" and shall succeed to and have all the rights, powers and duties conferred on them by the provisions of this act. SEC. 16. The mayor shall preside at the meetings of the board of Mayor to preside. aldermen and shall have the rights, powers and duties conferred on mayor. him by the provisions of this act. For misconduct in office the mayor Removal of may be removed from his office by a vote of two-thirds of the entire number of aldermen; and upon such office becoming vacant, from any Vacancy. cause the board of aldermen shall fill the same for the unexpired term. SEC. 17. That all elections held by virtue of this act shall be held Preservation of under the supervision of the chief of police of the city of Fayetteville, who shall attend the polls and by his regular force of police and such additional numbers whom the mayor may appoint as special deputies preserve order. order at elections. SEC. 18. That the mayor, before entering upon the duties of said Oath of mayor. office, shall take the following oath before the clerk of the superior court of Cumberland county: "I ...... - - - - ~ do solemnly swear that I will diligently endeavor to perform faithfully and to the best of my skill and ability and judgment all the duties of the office of mayor for the city of Fayetteville, and to cause to be executed the laws and ordinances made for the government of said city, and in the discharge of my duties I will do equal justice to all cases whatsoever.” SEC. 19. That each alderman, before entering upon the duties of said Aldermen to take office, shall take before the mayor or some justice of the peace the oath prescribed by this act. The mayor and aldermen and members Terms of office. of the board of audit and finance shall hold their offices respectively until the next succeeding election and until their successors are oath. Oath of members Organization of board of aldermen. When mayor and Removal. Bond. Mayor's fees payable into city treasury. Salary of mayor. Aldermen may grant use of streets to Street Railway Co. Criminal juris elected and qualified, and they shall have and exercise all the rights, powers and duties herein conferred. SEC. 20. That each member of the board of audit and finance, before entering upon the duties of said office, shall take an oath before the mayor or some justice of the peace to faithfully and to the best of his ability perform the duties of said office. SEC. 21. That when said aldermen shall be elected as herein provided on the first Monday in May, one thousand eight hundred and ninety-three, and at each annual election thereafter as herein provided, their term of office shall begin and they shall organize on Monday next succeeding their election, when the mayor and board of audit and finance elected shall qualify and hold their offices until their successors are elected and qualified. SEC. 22. At the regular meeting in June, one thousand eight hundred and ninety-three, and annually thereafter, the aldermen of said city shall elect a tax collector for said city, who shall hold his office for one year and until his successor is elected and qualified, but the aldermen shall have power to remove him from office for inefficiency or misconduct in office and elect his successor to fill his unexpired term. Said tax collector shall give bond and have the rights, powers and duties now conferred by law upon the tax collector for the commissioners of Fayetteville, except as otherwise provided by this act. SEC. 23. That the mayor of said city shall not receive any fees in any case tried before him, whether he has final jurisdiction or only to act as a committing magistrate, but all fees shall be collected and recovered into the treasury of said city. The mayor shall receive as compensation for his services and salary as the aldermen may fix, payable out of the city treasury in such sums and at such periods as the aldermen may prescribe. SEC. 24. The aldermen of said city shall have the power to grant to any street railway company or to other persons the right to use the streets of said city to operate railway lines in the city under such terms as they may contract. SEC. 25. That the mayor of the city of Fayetteville is hereby condiction of mayor. stituted a special court with all the jurisdiction and powers in criminal offences occurring within the limits of said city which are or hereafter may be given to justices of the peace. He shall preserve and keep the peace, and may cause, on proper proceedings, to be arrested persons charged or convicted of crime in other counties or states who may be found in the city limits and bound or imprisoned to appear at the proper tribunal to answer for their offences. He shall also have jurisdiction to issue process; to hear and determine all misdemeanors consisting of a violation of the ordinances and regulations of said city; to enforce penalties by issuing executions upon any adjudged violations thereof; to execute the laws and rules and ordinances made by the aldermen, and his endorsement of the names of witnesses upon a summons or warrant shall be authority for the Certain persons may be sentenced SEC. 26. That all proceedings in the mayor's court shall be the same Procedure in mayor's court. as are now or may hereafter be prescribed for courts of justices of the peace, and in all cases there shall be a right of appeal to the supe- Right of appeal. rior court of Cumberland county. That whenever a defendant or witness or other person shall be adjudged to be imprisoned by said court, it shall be competent for said court to sentence such persons to imprisonment in the county jail or city prison for a term not exceeding thirty days, and to adjudge also that such persons work during the period of their confinement on the public streets or on the public works of the city. to work on streets. SEC. 27. That the mayor shall issue his precepts to the chief of the Execution of mayor's precepts. police of the city and to such other officers to whom a justice of the peace may issue his precepts, who may execute the same anywhere in Cumberland county. record. SEC. 28. That the mayor shall keep a faithful minute of the precepts Mayor to keep issued by him and of all his judicial proceedings. The judgments Force of judgrendered by him shall have all the force, virtue and validity of judgments. ments rendered by a justice of the peace, and may be executed and enforced against the parties in Cumberland county and elsewhere in the same manner and by the same means as if the same had been rendered by a justice of the peace for the county of Cumberland. SEC. 29. That the mayor shall keep his office in some convenient Mayor's office, part of the city designated by the aldermen. He shall keep the seal &c. of the corporation and perform such duties as from time to time shall be prescribed. SEC. 30. That the mayor shall preside at all the meetings of the Mayor to preside, board of aldermen except as otherwise herein provided, and when &c. there is an equal division upon any question, or in the election of Tie vote. officers by the board, he shall determine the matter by his vote, and he shall vote in no other case. men. SEC. 31. That the aldermen shall form a board, and a majority of Board of alderthem shall be competent to perform all the duties prescribed for the aldermen unless otherwise provided. Within ten days after their election they shall convene for the transaction of business and shall Meetings. fix stated days of meetings through the year, which shall be as often at least as once every calendar month. Special meetings of the Special meetings. aldermen may be held on the call of the mayor or a majority of the |