discharge of any duty connected therewith, are hereby vested with the same power, authority and privilege which belong to similar officers and agents of railroad companies in and in addition to the general powers conferred upon such agents and officers; they may eject and remove all drunken, profane and disorderly persons from any of the conveyances or cars of said company at any time, whether the fare of said drunken, disorderly or profane persons has been paid or company. not, and the said company shall not be liable or responsible in dam- Non-liability of ages therefor; and such agent or officer shall not be liable civilly or criminally therefor unless he use greater force than is necessary to eject such person. SEC. 8. That said company shall be deemed fully authorized to Organization organize immediately upon the ratification of this act, and a majority of the corporators may meet at any time thereafter and elect such issue stocks, bonds and other securities through such officers or agents Additional cor- under the streets and thoroughfares of the town of Tarboro: Provided, Proviso. that at least five thousand dollars of stock shall have [been] subscribed and three thousand dollars paid in, and work commenced on some one of said lines within two years from the passage of this act. SEC. 9. All laws or clauses of laws in conflict with this act are bereby Conflicting laws repealed. repealed. SEC. 10. That this act shall be in force from and after its ratification. CHAPTER 313. An act to amend the charter of the North Carolina Home Insurance Company. The General Assembly of North Carolina do enact : SECTION 1. That subsection three of section one, chapter ninety (90) Chapter 90, priof the acts of eighteen hundred [and] seventy-four and seventy-five vate laws 1874–’75, amended. PRIV-31 Remedy against stockholders fail ing to pay assess ment on stock vote, &c. (1874 and 1875), amending the charter of The North Carolina Home SEC. 2. That this act shall be in force from and after its ratification. Incorporators. Corporate name. ers. Capital stock. Organization. Corporate pow ers. CHAPTER 314. An act to incorporate the “Carolina Light, Water and Sanitary Construction Company." The General Assembly of North Carolina do enact: SECTION 1. That H. A. Burr, Iredell Meares, William H. Green, Thomas D. Meares and W. A. Williams, their associates and successors, be and they are constituted a body politic and corporate under the name of the "Carolina Light, Water and Sanitary Construction Company," and by that name may sue and be sued, plead and be impleaded, contract and be contracted with, create by-laws and regulations for its own management, adopt a common seal which it may alter or break at any time, own real estate for the purposes of its business, and enjoy all franchises and privileges incident to business corporations of the state. SEC. 2. That the corporate stock of said company shall be one hundred and fifty thousand dollars ($150,000), divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding five hundred thousand dollars ($500,000) by consent of the stockholders owning two-thirds of the stock at the time of increasing the same. SEC. 3. That whenever ten thousand dollars ($10,000) shall have been subscribed to the capital stock it shall be the duty of the incorporators, or any three of them, to call a general meeting of the stockholders, and at such meeting the stockholders present, if representing a majority of the stock subscribed, may proceed to organize the company and adopt such by-laws, rules and regulations as they may determine upon, and elect such officers as may be provided for in the by-laws then adopted. SEC. 4. Said corporation shall have full power to engage in the manufacture, purchase and sale of all kinds of piping, wire, ma chinery, electrical apparatus, material and fixtures used in and inci. dent to the construction, operation and maintenance of gas works, public water-supplies, electric lighting plants and sewerage of cities and towns, and to engage in the business of constructing, repairing, furnishing and plumbing of gas, water, electric or sewerage attachments in public or private buildings, and in all lines of trade connected therewith. Said corporation shall have the power to build, construct and operate and maintain in any village, town, city or incorporated municipality in the state, subject to the consent given or contract or regulations agreed to by and between said corporation and the corporate authorities of such village, city, town or municipality, a system or systems of public sewerage, water-supply, gas or electric lights, and to lay, build, construct, maintain, repair, tap and remove all necessary pipes, sewers, mains, conductors, stand-pipes, hydrants, fixtures and appurtenances in, upon and through and over all roads, streets, avenues, lanes, alleys and bridges within the said contracting village, city, town or municipality and its vicinity: Provided, however, that the said corporation shall at its own proper cost and expense repair, replace and restore all streets, roads and avenues under, over or through which it may lay, build or construct said sewers, pipes and conductors so as to have them in as good condition as they were before; and to erect and build a reservoir or reservoirs of any area or capacity, ditches or dams, motive power, engines, gas receivers, flushing apparatus, water-tanks, hydrants, buildings and machinery and appurtenances, and other things necessary to be done in the construction, operation or maintenance of either of the said designated systems of sewerage, lighting or water-supply intended for the use and convenience of the citizens of any village, city, town or municipality who may grant the franchise or privilege or consent to the said corporation constructing, operating and maintaining either of the systems of sewerage, gas or electric lighting or water-supply as hereinafter provided. SEC. 5. That any city, town, village or incorporated municipality Municipal corpoin the state desiring to provide itself with a system of sewerage, water rations authorized to grant and gas supply, or electric lighting, may and any such incorporated company exclusive privileges in municipality is by this act authorized and empowered to grant by regard to sewer.contract to said corporation the exclusive privilege and franchise to age, water, &c. build, construct, operate and maintain in its corporate limits, including the extension thereof from time to time, either one or all of the designated saystems of sewerage, water, gas or electric lighting, under such supervision, regulations, terms, and upon conditions that may be agreed to by and between said corporation and such contracting village, town, city or incorporated municipality. SEC. 6. Said corporation, whenever it shall operate and maintain May charge comany system of sewerage, gas or electric lighting or water-works in pensation for any village, city, town or municipality on its own account, under &c. sewerage, water, Condemnation of land. Proviso. May hold real and personal property. Certificates of stock. Mortgage bonds. Injury, &c., to property a misdemeanor. authority first had from the corporate authorities of any such village, town, city or municipality, as herein provided, shall have the right to charge all persons or corporations using or supplied thereby such compensation for entering or using such sewer, or for lights or water supplied, or other labor and material furnished, as it may consider proper unless the rates therefor shall have been fixed and agreed to by and between said corporation and the contracting town, city, village or other municipality. SEC. 7. That whenever any lands in or in the vicinity of any city, town, village or municipality which may have consented, authorized or contracted with said corporation to construct, operate or maintain either or all of the said systems of sewerage, water-supply, gas or electric lights shall be necessary or desirable in the erection, establishment or enlarging either of the same, whether for reservoirs, buildings, machinery, ditches, dams, laying of pipes, or in furtherance of any of the purposes of this act, whether situated in the corporate limits of said contracting municipality, or between the sources of said water-supply and said municipality, or said municipality, the sewerage outlet, the said corporation, its agents or employees and the officers thereof may enter on the land of any person or persons or corporations; and in the case an agreement cannot be made between the corporation and the owner of the land said corporation may have the same condemned to its own use in the manner now provided by law for the condemnation of lands for railroads or other public uses: Provided always, that damages that may occur by reason of the condemnation of land shall be paid by said corporation, and it shall at all times have a right to enter upon said land for the purposes of repairing, improving or replacing mains, sewers, pipes, ditches, etc. SEC. 8. Said corporation shall have the power to hold, purchase, lease and convey and enjoy any and all real and personal property which it may acquire by purchase or otherwise in connection with its business. SEC. 9. Said corporation shall have the power to issue certificates of stock in such form and under such regulation as it may prescribe; to issue bonds of any denomination, bearing such rate of interest and payable at such times and upon such terms as its stockholders may by resolution declare; and in order to secure the payment of the. principle and interest thereof the stockholders may authorize the president and secretary of the corporation to execute in the name of the corporation a deed of trust or mortgage to any person or corporation named by them of any or all or any part of its real and personal property, franchises, rights and privileges owned by the said corporation, embracing all present property designated in said authority and such as may be afterwards acquired in connection therewith. SEC. 10. That any person who shall wantonly, maliciously or negligently interfere [with] or injure any reservoir, engine, pump, hydrant, pipe, fire-plug, sewer, electric wire, or other property of said company necessary or used in connection with any of its water, light, or sewerage systems, or shall place in the water used by the company any poisonous or unwholesome materials calculated to make distasteful or unwholesome said water shall be guilty of a misdemeanor, and upon conviction thereof shall be fined or imprisoned, or both, at the discretion of the court. SEC. 11. That any plumber or other person who shall tap a main, Misdemeanor to sewer, wire, service-pipe, and conduct water, gas, electricity or tap pipe, &c., without permit. sewerage into or from a house or any other place without a permit from the company shall be guilty of a misdemeanor and may be fined not exceeding fifty dollars ($50) or imprisoned not exceeding thirty days. That any person who shall use the water [of] said company Misdemeanor to use water, &c., for any purpose without a permit from the company, or use its sew- without permit. ers, gas or electric lights or wires without such permit, or wilfully open any of its sewers, or injure the same in any manner, and let out or waste the water therein shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars ($50) and imprisoned not less than thirty days, or both, in the discretion of the court. May purchase systems of gas, &c., from other companies, &c. SEC. 12. That the stockholders shall not be individually liable for Liability of any of the contracts, obligations or indebtedness of said company in stockholders. excess of the amount of stock held and actually paid for by them. SEC. 13. Said corporation shall have the power to purchase, lease, hold and enjoy the system or systems of gas, water, lighting or sewerage belonging to any other corporation under such terms and conditions as it may be able to acquire the same, together with all franchises, privileges and rights of the vendor corporation, and to unite and combine the same with its own system; that it may operate in any municipality in order that it may maintain a uniform public service; and said corporation may purchase all private sewers, lights, water supply belonging to individuals, or lease and hold the same under such terms as it may make with the vendor, and to unite and combine the same with its own established system. SEC. 14. That the principal place of business shall be in Wilming Place of business. ton, North Carolina, but the same [may] be changed to any other place in the state at the option of the said corporation upon a vote of the majority of its stockholders. SEC. 15. That this act shall be in force from and after its ratification. |