and things as it may choose, with power to issue and endorse bonds, with power to make loans and advance money or other property to settlers and other persons, and to take such securities therefor as may be agreed upon, but shall not charge a greater rate of interest thereon than is provided by law; and shall have power to engage in any agricultural, mining, building or manufacturing enterprise whatsoever, with power to form and lay out town sites upon their lands and to prescribe the rules and regulations thereof as to the mode and manner of selling and disposing of such lots and the terms and inducements to purchasers thereof. SEC. 3. That the capital stock of said company shall be ten thou- Capital stock. sand dollars, with power in the stockholders to increase the same to five hundred thousand dollars, and shall have power to issue certificates of stock in such form and in such amount as to the value of each share as shall be decided upon. And such subscription to the Subscriptions, capital stock of the company may be paid in whole or in part in real how paid. or personal estate at a valuation to be agreed upon. SEC. 4. That the principal place of business of said company shall Place of business. be the city of Newbern, North Carolina, and its affairs shall be man aged by a board of three or more directors, one of whom shall be Directors. elected president of said company, and it shall have power to make and enact all by-laws for the government of said corporation and By-laws. may provide therein for the election of such other officers as it may officers. SEC. 5. The stockholders of the company shall not be individually Non-liability of liable for the debts or torts of the company. SEC. 6. That this act shall be in force from and after its ratification. stockholders for corporate debts. CHAPTER 66. An act to amend chapter forty-three, private laws of one thousand eight hundred and ninety-one, relating to the Bank of Commerce at Fayetteville. The General Assembly of North Carolina do enact: SECTION 1. That the caption of chapter forty-three, private laws of Chapter 43, prione thousand eight hundred and ninety-one, be amended by striking out [the] word 'Commerce and insert in lieu thereof the word Cumberland." vate laws 1891, SEC. 2. That wherever the words "Bank of Commerce" appear Name changed. in said chapter forty-three, private laws one thousand eight hundred and ninety-one, the same are hereby stricken out and the words "Bank of Cumberland" inserted in lieu thereof. 64 SEC. 3. That section one is hereby amended by striking out the word thirty" and insert in lieu thereof the word "sixty." SEC. 4. Strike out section two of said chapter and insert in lieu thereof the following: "The capital stock of said corporation shall be one hundred thousand dollars, but said capital stock may be increased by said corporation from time to time until it amounts to five hundred thousand dollars, and no more; that whenever twentyfive thousand dollars or more shall have been subscribed, a meeting of the stockholders shall be called, as provided in section three of the said chapter forty-three, private laws of one thousand eight hundred and ninety-one, for the purpose of organization; and when the sum of twenty-five thousand dollars shall have actually been paid in cash to any party authorized by the stockholders to receive the same, said corporation is hereby duly authorized to begin the business of banking as herein provided; and said bank when organized may continue to receive additional subscriptions to its stock until the sum of one hundred thousand dollars shall have been paid in as stock in such manner as the president and directors may determine." SEC. 5. Strike out the word "two" in line two of section three and insert in lieu thereof the word "five." SEC. 6. Strike out the words "one hundred" in line one of section four and insert in lieu thereof the words "twenty-five." SEC. 7. Strike out the word "two" in line four of section seventeen and insert in lieu thereof the word "five." SEC. 8. That this act shall be in force from and after its ratification. Election in Shelby upon question of prohibition; when ordered, &c. CHAPTER 67. An act relative to the sale of intoxicating liquors in the town of Shelby, The General Assembly of North Carolina do enact: SECTION 1. That upon petition of one-third of the qualified voters of the town of Shelby, made to the commissioners of said town, an election shall be held on the third Monday in March, anno Domini eighteen hundred and ninety-three, or on such other day thereafter as said commissioners may appoint, and every three years thereafter, such election to be held at the court-house in said town under the supervision of three discreet persons to be appointed by the commis- Where and how held. sioners of said town, who shall be known as judges of such election for the purpose of determining whether intoxicating liquors shall be sold within the corporate limits of said town. tion. SEC. 2. It shall be the duty of the mayor of said town, and on his Notice of eleoneglect or refusal to do so any one of the commissioners of said town, to give public notice by written advertisement at the court-house door and at three other public places within said town of said election for at least ten days prior to the same. SEC. 3. The same qualifications that apply to voters for mayor and Electors. commissioners of said town shall apply to the election held under the provisions of this act, and all persons who are duly and legally registered, and are otherwise qualified, shall be entitled to vote at any such election. Judges of election to be sworn. Ballots. SEC. 4. The polls shall be opened and closed for such election at the When polls to be opened. same time as is provided for by law for the general election, and the judges shall be sworn as other judges of election are sworn. SEC. 5. At such election all persons who favor the sale of intoxicating liquors in said town shall vote a written or printed ballot with the word "License" thereon, and those who oppose the sale of such liquors in said town shall vote a written or printed ballot with the words "No license" thereon. At the close of any such election the Returns of eleojudges shall count the votes and announce the result, which said result, with the number of votes cast for and against, shall be certified by said judges of election to the mayor and commissioners of said town, and also to the commissioners of Cleveland county. tion. SEC. 6. The clerk of the commissioners of said town, who shall be Registration the registrar for any such election, shall open and close the registra book, &c. tion book for said election as is now provided by law for the election of mayor and commissioners of said town, and the same registration book for the general town election shall be used for the election aforesaid, and no voter need re-register for any such election: Pro. vided, he has previously registered for any general town election and is a legally qualified elector. On vote for "No license," unlaw ful for licenses to be issued, &c. SEC. 7. If a majority of the votes cast at any election provided for by this act shall have written or printed on them the words "No license," then and in that case it shall not be lawful for the commissioners of said town, nor the commissioners of Cleveland county, to license the sale of intoxicating liquors within the corporate limits of said town until another election shall be held reversing such election; and if any person shall sell any intoxicating liquors within the incor- Misdemeanor. porate limits of said town, in such case such person shall be guilty of a misdemeanor and shall be fined or imprisoned, or both, at the discretion of the court. SEC. 8. If the majority of the votes cast at any election provided on vote for for by this act in said town shall have written or printed on them the License," duty Bond to be given, &c. of commissioners word "License," then, and in that case, intoxicating liquors may be to grant license, &c. sold within the corporate limits of said town, and in such case it shall be the duty of commissioners of said town and the commissioners of the county of Cleveland (and this duty shall be construed to be mandatory) to grant license to all persons applying for the same to sell intoxicating liquors within the corporate limits of said town who shall prove a good moral character and pay to the sheriff of Cleveland county the tax provided for by the general law for the sale of liquors, and also by paying to the treasurer of the town of Shelby an annual tax of one thousand dollars for the privilege of carrying on such business in said town, said town tax to be paid in advance and before such license shall be issued by said board of commissioners, and used as said commissioners may direct. Said license so issued shall be signed by the mayor by the direction and authority of the said board. Before any license shall be issued to the person or persons applying for the same the commissioners of said town shall have the right and power to require such person or persons so applying to enter into a good and justified bond with sufficient security in the sum of one thousand dollars or more payable to the town of Shelby, conditioned that such applicant or applicants will not sell intoxicating liquors on Sunday nor to minors nor to habitual drunkards; and in the event the conditions of such bonds be broken or violated by the party executing the same or by their agent or employees, then and in that case it shall be the duty of said commissioners of said town in the name of said town to institute suit against the party or parties executing such bond in the superior court of Cleveland county for the recovery of same, and the whole amount of such bond shall be recoverable, and when so recovered the same shall be paid into the treasury of said town and used as may be directed by the commissioners thereof. Action on bond. Revocation of license. Proviso. Unlawful to sell liquor without license. Misdemeanor. Certificate of town commis sioners evidence of good character, &c. SEC. 9. The commissioners of said town shall have the power at all times to revoke the license granted by virtue of this act for the sale of liquors for good cause, and shall have the right and power to pass all such laws and ordinances regulating the running of bar-rooms in said town as they may see fit not in conflict with this act: Provided, that it shall be unlawful for any licensed bar-room to be kept open on Sunday or after ten o'clock on Saturday nights. SEC. 10. It shall be unlawful for any person to sell intoxicating liquors in the town of Shelby before obtaining license from the town and county commissioners as herein provided, and any person so offending shall be guilty of a misdemeanor and fined or imprisoned, or both, at the discretion of the court. SEC. 11. If an applicant or applicants for license to sell liquors in said town under the provisions of this act shall apply to the commissioners of said town and shall prove a good moral character before said commissioners as herein provided, and license shall be granted commissioners. to such applicant or applicants by such commissioners, and this fact shall be certified to the board of commissioners of Cleveland county by the secretary of the commissioners of said town, this shall be sufficient evidence of the good moral character of such applicant or appli- Duty of county cants, and the board of commissioners of said county of Cleveland shall grant to such applicant or applicants license to sell intoxicating liquors in said town upon such certificate and upon the tax as is required by law being paid to the sheriff of Cleveland county. SEC. 12. That chapter one hundred and thirty-nine of the laws of eighteen hundred and seventy-three and eighteen hundred and seventy-four is hereby repealed. SEC. 13. That chapter one hundred and fifteen of the laws of eighteen hundred and seventy-six and eighteen hundred and seventyseven is hereby repealed. SEC. 14. That all of that part of section forty-two, chapter one hundred and one, laws of eighteen hundred and eighty-one, relative to the sale of liquors, wine, cordials or other spirituous liquors in the town of Shelby, should it become lawful to license the same, is hereby repealed. Chapter 139, laws ing sale of liquor 1873-74 (prohibit within two miles Shelby) repealed. vate laws 1881, this act. becomes lawful to sell liquor under Code, vol. 2, chap. 32, repealed as to Shelby, &c. SEC. 15. That chapter thirty-two of volume two (2) of The Code of North Carolina and all amendments thereto are hereby repealed in so far only as they apply and relate to the corporate limits of the town of Shelby, and the said chapters of The Code aforesaid and all amendments thereto shall have no application to the territory lying within the corporate limits of said town, but the sale of intoxicating liquors shall be regulated in said territory entirely by the provisions of this act. SEC. 16. That all laws and clauses of laws in conflict with this act Conflicting laws repealed. are hereby repealed. SEC. 17. That this act shall be in force from and after its ratification. CHAPTER 68. An act to amend “An act to incorporate Brevard Station, Gaston county, The General Assembly of North Carolina do enact: amended.· SECTION 1. That section one (1), chapter twenty of the private laws Chapter 20. priof one thousand eight hundred and seventy-nine be amended by vate laws 1879, striking out the words "Brevard Station" in line one of said section Name of Brevard and wherever it occurs in said chapter and inserting in lieu thereof Station changed to "Stanley the words "Stanley Creek"; and by striking out all of said section Creek." |