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Sec. 7. This act shall be in force from and after its rati-
fication.

Eatified the 15th day of December, A. D., 1873.



CHAPTER X.

AN ACT TO INCORPORATE THE BAFIT8T CHURCH OF HOMINY IN
BUNCOMBE COUNTY.



Incorporated.



Limits.



Section 1. The General Kssembly of North Carolina do
enact, That the Baptist church of Hominy, in the county of
Buncombe, be and the same is hereby incorporated by the
name of " The Baptist church of Hominy."

Sec. 2. The corporate limits of said Baptist church shall



1873-'74— Private.— Chapter 10. 287

extend one half mile in each direction from the Baptist
church near Samuel B. Gudger's.

Sec. 3. That the trustees of said Baptist church and their commissioners,
successors shall be the commissioners of the said Baptist
church of Hominy, one of whose number shall be chosen by
themselves, shall be intendant.

Sec. 4. That until their successors are organized, Enoch Present commis-

sioners.

Morgan, Win. Green, Pinkney loung, Robert Joyce and
J. N. Hyatt, shall be commissioners of said Baptist church
with William Green as intendant.

Sec. 5. That said commissioners shall have all the powers Power and duty of

r commissioners.

of a police force and may make and establish such rules,
regulations, by-laws and ordinances for the government ot
said church and for the maintenance of order and decorum
therein, and the removal of nuisances therefrom as they
may deem proper, not inconsistent with the constitution and
laws of this State, and may appoint a sufficient police force
to enforce the same.

Sec. 6. That it shall not be lawful for any person to sell spirituous liquors.
or dispose of spirituous liquors at said church or within one
mile thereof during the time of religious exercises thereat,
and every persoti so offending shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined or
imprisoned or both at the discretion of the court.

Sec. 7. This act shall be in force from and after its ratifica- Whonin force,
tion.

Ratified this 15th day of December, A. D., 1873.



288



1873-'74— Private.— Chapter 11.



CHAPTER XL

AN ACT TO AUTHORIZE THE CONSTRUCTION OF A TOLL BRIDGE
ACROSS THE CATAWBA, NEAR THE WESTERN NORTH CAROLINA
RAILROAD BRIDGE.



Corporators.



Duty of Judge*



Voluntary convey-
ance.



Section 1. The General Assembly of North Carolina do
enact, That A. M. Powell, George S. Powell and J. M.
Long, and such other persons as they may associate with
them and their successors, be, and they are hereby con-
stituted a body politic with corporate privileges, under the
name and style of the Catawba Valley Bridge Company,
and in that name to have succession, sue and be sued, plead
and be impleaded, and to make such rules and regulations
as they may deem necessary fur the construction of and
keeping up a public bridge across the Catawba river near
the Western North Carolina Railroad bridge at any place
between the Buffalo shoals and the Island Ford in said
river.

Sec. 2. That the Judge of the Superior Court of Catawba
county, upon the petition of said persons named in the first
section of this act shall appoint three disinterested free-
holders of said county to view the banks on both sides of said
river where the bridge is to be located, and lay off to the
use of said petitioners one halt acre of ground on either bank
and assess the value thereof and make a report to the suc-
ceeding term of said court and upon the petitioners paying
to the owners of said land the value so assessed and all costs
incurred by reason of said petition, then the judge of said
court shall confirm said report unless good cause shall be
shown by the owners of the land why it ought not to be
confirmed, and shall condemn the land to the use of the
petitioners.

Sec. 3. If the owners of the land on either side of said
river shall sell or voluntarily convey the right of way over
their land and one half acre on either bank to the persons



1873-74— Private.— Chapter 11. 289

named in the first section of this act then it shall not be
necessary to file a petition as hereinbefore prescribed.

Sec. 4. That the corporators are authorized and erapow- Public roads,
ered to run and connect the public roads in Iredell and
Catawba counties with said bridge.

Sec. 5. That the amount of tolls to be charged and re- Amount of toils,
ceived by the said Catawba Valley Bridge Company shall be
determined by the board of county commissioners of Catawba
county, whose duty it shall be to establish the rate of tolls to
be charged for the passing of persons and property across
said bridge and cause the same to be entered on record.

Sec. 6. That from and after said bridge shall be opened as public highway.
a toll bridge it shall be deemed a public highway and the
owner or owners thereof shall on failure to keep the same in
good and lawful repair so that it can be passed over with
safety and convenience, be liable to indictment and punish-
ment in the same manner that overseers of public highways
now are, and shall also be liable in a civil action for dam-
ages to any persons who may suffer injury to their person or
property on account of such failure.

Sec 7. That if any person or persons after the completion Forfeitures,
of said bridge, shall pass over the same and refuse to pay
the tolls as fixed by law, that every such person or persons
shall forfeit and pay the sum of five dollars, to be recovered
by the said company by warrant before a justice of the
peace.

Sec 8. That this charter shall continue for the space of Term,
ninety-nine years.

Sec 9. That this act shall be in force from and after its whea in force
ratification.

Katified this 15th day of December, A. D. 1873.

19



290



1873-74— Private.— Chapter 12.



CHAPTER XII.

AN ACT TO INCORPORATE BLUE LODGE NUMBER TWO HUNDRED
AND EIGHTY-SEVEN FREE AND ACCEPTED MASONS.



Corporator*.



By-laws, &c.



When in force.



Section 1. The General Assembly of North Carolina do
enact, That the Worshipful Master, "Warden and members
of Blue Lodge number two hundred and eighty-seven, of
Free and Accepted Masons, in the county of Moore, be, and
the same is hereby constituted a body politic and corporate
under the name and style of "Blue Lodge, number two hun-
dred and eighty.seven, ot Free and Accepted Masons," and
by that name may have perpetual succession, sue and be
sued, plead and be impleaded in any court of record or before
any justice of the peace in the State, may contract and be
contracted with, may acquire by purchase or otherwise real
and personal estate and hold and dispose of the same for the
benefit of the lodge, may have a common seal and in general
exercise all such rights and privileges as are usually incident
to corporations of a like nature.

Sec. 2. That the said corporation shall have power to pass
all necessary by-laws and regulations for its own government
which may not be inconsistent with the constitution of this
State or of the United States, and enforce the same.

Sec. 3. This act shall be in force from and after its ratifi-
cation.

Ratified this 18th day of December, A. D. 1873.



1873-'74— Private— Chapter 13—14. 291



CHAPTER-XIII.

AN ACT TO CHANGE THE TIME FOR THE MEETING OF THE
BOARD OF COMMISSIONERS AND COUNTY BOA - OF EDUCATION
FOR CARTERET COUNTY.

Section 1. The General Assembly of North Carolina do Meeting of boar

•* <J changed.

enact, That it shall be lawful for the board of commissioners
and the county board of education of Carteret county to
meet on the Tuesday following the Monday on which they
are now required by law to meet instead of on said Monday.

Sec. 2. All laws in conflict with the provisions of this act Repeal,
are hereby repealed, and this act shall be in force from and
after its ratification.

Ratified this 18th day of December, A. B. 1874.



CHAPTER XIY.

AN ACT TO INCORPORATE MONTMORENCY CHURCH, IN THE COUNTY
OF BUNCOMBE.

Section 1. The General Assembly of North Carolina do Body pontic.
enact, That Montmorency church, on Hominy creek, in the
county of Buncombe, be and the same is hereby incorpo-
rated by the name of Montmorency church.

Sec. 2. That the corporate limits of said church shall Limits,
extend one half mile in every direction from said church.

Sec. 3. That the trustees of Montmorency church and Trustees, &c.
their successors shall be the commissioners of said Montmo-
rency church, one of whose number to be chosen by them-
selves shall be intendant.

Sec. 4. That until their successors are organized W. G. commissioners.
Candler, S. B. Gudger, R. L. Jones, G. W. Howell and C.



292



1873-74— Private.— Chapter 15.



N. Penland shall be commissioners of 6aid Montmorency
church with the said Samiiel B. Gudger as intendant.

Powers, &c. Sec. 5. That said commissioners shall have all the powers

of a police force and may make and establish such rules,
regulations, by-laws and ordinances for the government of
said Montmorency church and for the maintenance ot order
and decorum therein, and the removal of nuisances there-
from as they may deem proper not inconsistent with the
constitution and laws of this State, a id may appoint a
sufficient police force to enforce the same,
ph-itnous liquors. Sec. 6. That it shall not be lawful for any person to sell
or dispose of spirituous liquors at said church or within one
mile thereof during the time of religious exercises thereat,
and every person so offending shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall be fined

when in force. or imprisoned or both at the discretion of the court.

Sec. 7. That this act shall be in force from and after it&
ratification.

Eatified this 18th day of December, A. D. 1873.



CHAPTER XY.



Body politic.



Limits.



AN ACT TO INCORPORATE THE TOWN OF JONE&BORo' IN THE
COUNTY OF MOORE.

Section 1. The General Assembly of North Carolina do
enact, That the town of Jonesboro', in the county of Moore,
be and the same is hereby incorporated by the name and
style of the town of Jonesboro', and it shall be subject to
all the provisions of laws now existing in reference to incor-
porated towns.

Sec. 2. That the corporate limits of said town shall be as
follows : One-half mile east, west, north and south from the
centre of the warehouse of the Western Railroad Company,
and shall run with the four cardinal points of the compass.



1873'-74— Private.— Chapter 16. 293

Sec. 3. That the officers of said incorporation shall con- officers,
sist of a major, four commissioners and a marshal, and the
following named persons shall fill said offices until the first
Monday of May, one thousand eight hundred and seventy-
four, viz: Mayor, A. A. Mclver ; commissioners, George S.
Cole, Dr. J. D. Mclver, S. H. Buchanan, Reddin Bryant
and D. J. Shields; marshal, John Godfrey.

Sec. 4. There shall be an election held for officers men- Elections,
tioned in this act on the first Monday of May, one thousand
eight hundred and seventy-four, and each succeeding year
thereafter, under the same restrictions that county and State
elections are held, and all citizens within said corporation
who have resided twelvemonths within the State, and thirty
days within the corporate limits previous to the day ot elec-
tion, shall be entitled to vote at said election.

Sec. 5. That the said commissioners shall have power to By-laws, &c.
pass all by-laws, rules and regulations for the good govern-
ment of the town, not inconsistent with the laws of the
State and the United States, and levy and collect a tax on
all subjects of State taxation, not to exceed one-half of the
State tax and to impose fines for the violation of town ordi-
nances and collect the same.

Sec 6. This act shall be in force from and after its ratifi- when in force,
cation.

.Ratified this 18th day of December, A. D. 1873.



CHAPTER XYI.

AN ACT TO ESTABLISH A TOLL BRIDGE ON THE FRENCH BROAD
RIVER IN BUNCOMBE COUNTY.

Section 1. The General Assembly of North Carolina do Bridge authorized.
enact, That the board of commissioners of Buncombe county
be and they are hereby authorized and empowered to con-



294



1873'-74— Private.— Chapter 17.



Toll gate.



Proviso.



Proceeds.



Mledemsanor.



Repeal.



When in force.



struct a bridge across the French Broad river, at or near A.
M. Alexander's, and said bridge, when so constructed, shall
be and is hereby declared a toll bridge.

Sec. 2. That the board of commissioners of Buncombe
county be and they are hereby authorized and empowered
to erect a toll gate at or near the aforesaid bridge, and col-
lect such reasonable tolls thereat as they may from time to
time determine upon, not exceeding the tolls allowed to be
collected at the toll gate on the Buncombe turnpike road :
Provided, That no citizen of Buncombe county shall be
required to pay any toll at said bridge.

Sec. 3. That the tolls herein authorized to be collected
shall be appropriated to the repairing and keeping up the
said bridge and roads leading thereto and to no other pur-
pose.

Sec. 4. That &ny person liable to pay toll under the pro-
visions of this act, who shall wilfully neglect or refuse to pay
the same, shall be deemed guilty of a misdemeanor, and
upon conviction, shall be fined not exceeding fifty dollars
nor less than five dollars, or imprisoned not more than
thirty days.

Sec 5. That all laws and clauses of laws in conflict with
the provisions of this act are hereby repealed.

Sec. 6. This act shall be in force from and after its ratifica-
tion.

Ratified this 18th day of December, A. D., 1873.



CHAPTER XVII.

AN ACT TO INCORPORATE THE TOWN OF TOISNOT, IN THE COUNTY

OF WILSON.



Body politic.



Section 1. The General Assembly of North Carolina do
enact, That the town of Toisnot, in the county of Wilson,



1873-'74— Private.— Chapter 17. 295

be and the same is hereby incorporated by the name and
6tyle of the town of Toisnot, and shall be subject to all the
provisions contained in the one hundred and eleventh chap-
ter of the Revised Code not inconsistent with this act.

Sec. 2. The corporate limits of said town shall be as Limit*,
follows : Beginning at the crossing of Broad and Main
streets, running thence with each branch of said streets irorn
the beginning one quarter of a mile, making the limits of
said town one half mile square.

Sec. 3. Until officers shall be elected as hereinafter pro- Present officers,
vided, the government of said town shall be vested in the
following named mayor and commissioners, to-wit: Mayor,
W. S. Parker ; commissioners, J. T. Sharpe, J. W. Crowell,
John D. Wells, B. R. Brinkley and R. S. Wells; constable,
W. D. Carter.

Sec. 4. An election shall be held the first Monday in May, Elections,
one thousand eight hundred and seventy-four, and each suc-
cessive year, for mayor, five commissioners and a- constable,
aud persons living within the corporate limits of said town
and qualified to vote for members of the General Assembly
shall vote in the election for officers of said town.

Sec 5. For the good government of said town, the said Powers and privi-

leges.

officers and their successors in office shall have all the
powers, rights and privileges, and be governed by the rules,
regulations and restrictions conferred upon and to which
mayors, commissioners and constables of incorporated towns
are subjected by chapter three, Revised Code.

Sec. 6. This act shall be in force from and alter its ratifi- when in force,
cation.

Ratified this 16th day of December, A. D. 1873.



296



1873-'74— Private.— Chapter 18.



CHAPTER XYIII.

AN ACT TO INCORPORATE CLAYTON LODGE, NUMBER SIXTY-EIGHT,
OF ODD FELLOWS, IN THE COUNTY OF JOHNSTON.



Body politic.



Proviso.



By-lawa.



When in force.



Section 1. The General Assembly of North Carolina do
enact, That the officers and members who are at present or
who may be in future members of Clayton Lodge, number
sixty-eight of Odd Fellows, in the town of Clayton, county
of Johnston, be and they are hereby incorporated into
a body politic and corporate, under the name and style
of Clayton Lodge, number sixty-eight of Odd Fellows, and
by that name may have succession and a common seal, and
the same change at pleasure, sue and be sued, plead and be
impleaded in any court of record or before any justice of
the peace in this State; contend and be contended with,
hold and dispose of personal property for the benefit of said
lodge, and also such real estate as may be required for the
convenient transaction of its business: Provided, All the
real estate owned by said corporation shall not exceed in
value five thousand dollars.

Sec. 2. That- said corporation shall have power to pass all
necessary by-laws and regulations for its government which
may not conflict with the constitution and laws of this State
and the United States.

Sec. 3. This act shall be in force from and after its ratifi-
cation.

Ratified this 18th day of December, A. D. 1 873.



1873-'74— Private.— Chapter 19. 297



CHAPTER XIX.

AN ACT TO INCORPORATE GRAy's CHAPEL METHODIST PROTES-
TANT CHURCH IN THE COUNTY OF RANDOLPH.

Section 1. The General Assembly of North Carolina do Body politic.
enact, That James Odell, J. W. Pugh, Jesse Pugh, Zacha-
riah Ranth and O. P. Cox, and their successors in office are
hereby created a body politic under the name and style of
the trustees of Gray's Chapel Methodist Protestant church,
and by that name may sue and be sued, plead and be im-
pleaded, and shall have all the power of corporate trustees
of like institutions.

Sec. 2. Said trustees shall meet at their pleasure, elect Trustees, powere,
one of their number chairman and one secretary who may
hold their office for a term of five years. The trustees shall
fill vacancies by a majority vote at any meeting of the
board.

Sec. 3. The corporate limits shall extend one mile from Limits,
said church, and any person or persons selling spirituous
liquors within said corporation shall be guilty of a misde-
meanor and on conviction thereof by any court having juris-
diction shall be fined not less than fifty dollars, and impris-
oned not less than thirty days in the county jail for each
offence.

Sec. 4. This act shall be in force from and after its ratifi- When in force.
cation.

Ratified this 18th day of December, A. D., 1873.



298



1873-74— Private.— Chapter 20.



CHAPTER XX.



AN ACT TO INCORPORATE BETHEL IN THE COUNTY OF PITT.



Body politic.



Limits.



Offices and elec-
tions.



Constable.?"



Taxes.



Section 1. The General Assembly of North Carolina do
enact, That the town ot Bethel in the county of Pitt is
hereby created and incorporated a town, and Dr. F. C.
James, Guilford Andrews, James R. Nelson, Andrew Hop-
kins, John Bryan, and their successors are hereby created a
bodj' politic under the style of the commissioners ot the
town of Bethel, to have perpetual succession with the usual
powers of such corporations, to sue and be sued, plead and
be impleaded, contract and be contracted with and to make
all needful rules and regulations, by-laws and ordinances lor
the government of said town not inconsistent with the con-
stitution and laws of this State or of the United States.

Sec 2. That the corporate limits of said town shall be as
follows : Beginning at the corner of Bryan and Hearne, line
running east one halt mile mere or less to George W. and
W. H. Andrews' line to a stake in said line ; thence north
one mile to a stake in James R. Nelson and Mary Keel's
line ; thence west one half mile to a pine, in Nelson and
Cherry's line ; thence to the beginning.

Sec. 3. That the above named commissioners shall only
hold their offices till their successors are duly elected at the
next election which shall be on the first Saturday of May
next, and annually on that day of the month thereafter.

Sec. 4. That said commissioners may appoint a town con-
stable and may also choose one of their number to be mayor
of said town until the next regular election at which an elec-
tion shall be held for major, three commissioners, a town
constable, treasurer and clerk, and so on annually.

Sec. 5. That the commissioners shall have power, if they
deem it necessary, to levy a tax not exceeding thirty cents
on each poll and ten cents on each hundred dollar's worth
of real estate in said town, to affix penalties and forfeitures



1873-'74— -Priv ate.— Chapter 21. 299

for violation of their laws and ordinances, and to enforce col-
lection of the same, which taxes, forfeitures when collected
shall go to the exclusive use of the streets, sidewalks and
public squares, or in such other mode as the said commis
sioners may deem best to promote the health, comfort, pros-
perity and advancement of the same.

Sec. 6. That the commissioners may, if they deem it nee- Road work and

. . streets.

essary, require all persons living within the said town, who
are liable to work on public roads, to perform such numbers
of days' work not exceeding six in any one year on the roads
and streets as they may think proper, and, upon failure to
perform such, subject the delinquent to the same fines and
penalties as are imposed tor a failure to work on the public
roads in the different counties of the State.

Sec. 7. That said town and commissioners shall be sub- Subject to pro-

. , visions of 111th ch.,

ject to all the provisions contained in the one hundred and Revised code,
eleventh chapter of the Revised Code not inconsistent with
the constitution and laws of this State, and of the United
States.

Sec. 8. All former liquor laws pertaining to Bethel are Kepeai, &c.
hereby repealed excepting on the Sabbath and during the
hours of worship on any day of the week. To be in force when in force,
from day of ratification.

Eatified this 18th day of December, A. D., 1873.



CHAPTER XXI.

AN ACT TO INCORPORATE THE TOWN OF WHITEVILLE, IN THE
COUNTY OF COLUMBUS.

Section 1. The General Assembly of North Carolina do Body politic:
enact, That the town of Whiteville, in the county of Co-
lumbus, be and the same is hereby incorporated by the name
and style of the town of Whiteville, and be subject to the



300



1873-'74— Private.— Chapter 21.



Limits.



Offices and elec-
tions.



Duty of Mayor,
&c.



By-laws.



Taxes.



provisions contained in chapter one hundred and eleven of
the Revised Code, not inconsistent with the constitution and
lavs of this State or of the United States, also subject to
the general law in relation to corporations passed by the
General Assembly at the session one thousand eight hundred
and sixty-nine and one thousand eight hundred and seventy,
not inconsistent with the provisions of this act.

Sec. 2. That the corporate limits of said town shall be
embraced within lines running due east, south, west and
north, each sixty chains long and equidistant from the north
door of the court house, and also within lines running from
the east side of Jones street and the west side of Lee street,
as laid down upon'the old plan of said town, parallel with
tne road leading from the court house to the depot, and ex-
tending ninety chains from the south line ol the old town
and a direct line from one to the other of said lines at the
end of ninety chains.

Sec. 3. 'The officers of said corporation shall consist of a
mayor, five commissioners and a marshal to be elected an-
nually on the first Monday of May by the qualified voters
of said town, and the following named persons shall fill said
offices until the first Monday of May, one thousand eight
hundred and seventy-four: Mayor, J. A. Maultby ; Com-
missioners: T. S. Memory, N. McPhaul, H. C. Rockwell,
W. M. Baldwin, F. George ; Marshal, R. T. Joyner.

Sec. 4. That it shall be the duty of the mayor and com-
missioners elected to meet within ten days after their elec-
tion, and take the same oath that is prescribed in the con-
stitution for state offices.

Sec. 5. That said commissioners shall have power to pass
all by-laws, rules and regulations for the government of the
town not inconsistent with the laws of this State or of the
United States.

Sec. 6. That the commissioners shall have power to levy
and collect a tax not to exceed fifty cents on the poll and
not to exceed sixteen and two-thirds cents on the one
hundred dollars' valuation of property. They shall have



1873-74 — Private. — Chapter 21. 301

power to abate all nuisances, and for this purpose may im-
pose such tax and fines as may be necessary to abate them.



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