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a regular meeting and at no other ; and the said board in



1873-74— Private.— Chapter 42. 33 J)

said regular meeting convened, may fix the pay of such in-
spector or inspectors, and shall determine which party shall
pay, the buyer or seller : Provided, That nothing herein ProTieo.
contained shall in any manner apply to wood or coal pur-
chased by or for the State ot North Carolina, or any depart-
ment or agency thereof.

Sec. 2. That all acts or clauses of acts in conflict with Repealed,
this act be and the same are hereby repealed.

Sec. 3. That this act shall be in force from and after its when in force,
ratification.

Ratified this 27th day of January, A. D. 1874.



CHAPTER XLIL

AN ACT TO INCORPORATE THE UNITED BROTHERHOOD SOCIETY,
OF NEWBERN, NORTH CAROLINA.

Section 1. The General Assembly of North Carolina do corporator.
enact, That Simon Harrison, Wm. F. James, Moses T
Bryan, Joseph Dunks, Yirgil A. Crawford, Bristo Latham
Willis Moore, J. B. Abbott, Thos. Morris, James Allen,
Southey Fronville, William Bryan, Sylvester Mackey and
Edward R. Dudley, their associates and successors, are
hereby constituted a body corporate and politic, by the name
and style of the United Brotherhood of Newbern, North
Carolina.

Sec 2. That with the above name they and their asso- Righu andpowerB
ciates and successors shall have perpetual succession and a
common seal, may sue and be sued, plead and be impleaded,
and in general exercise and enjoy all the rights, powers and
privileges that are usually incident to corporate bodies of
like nature.

Sec 3. That this act shall be in force from and after its when in force,
ratification.

Ratified this 28th day of January, A. D. 1874.



1873'-74— Private.— Chapter 48.
CHAPTER XLIII.

AN ACT TO INCORPORATE THE TOWN OF PINE LEVEL, IN THE
COUNTY OF JOHNSTON.



Commissioners
may grant license.



Section 1. The General Assembly of North Carolina do
enact. That the town of Pine Level, in the county of John-
ston, be and the same is hereby incorporated by the name
and style of the town of Pine Level, and shall be subject to
all the provisions contained in the one hundred and eleventh
chapter of the Revised Code, not inconsistent with the con-
stitution and laws of this State or of the United States ; also
subject to the provisions of the general laws in relation to
incorporations.

Sec. 2. That the corporate limits of said town shall be as
follow 7 s: Beginning at the culvert near Bridgers Crocker's,
on the North Carolina Central Railroad, and runs with said
Crocker's ditch to the canal in Moccasin swamp ; thence
southeast with said canal to R. Pilkinton's line ; thence
southwest to the Primitive Baptist church house ; thence
west to the Smithfield road ; thence direct from said Smith-
field road to the beginning.

Sec. 3. The officers of said incorporation shall consist o
a mayor, three commissioners and constable. It shall be
the duty of the sheriff of Johnston county, or any j ustice of
the peace in Selma township, within thirty days alter the
ratification of this act, after giving ten days' notice by ad-
vertising at three public places in said corporation, to open
the polls for the election of mayor, three commissioners and
constable, under the same restrictions that other county and
State elections are held.

Sec. 4. It shall not be lawful for the county commis.
sioners of Johnston county to grant license to any person to
retail spirituous liquors within the corporate limits of the
town of Pine Level without his having a recommendation
in writing from the mayor and a majority of the commis-



1873-'74r— Private— Chapter 44. 341

sioners of said town to that effect, and any license granted
without such recommendation shall be void.

Sec. 5. The said commissioners shall have power to pass By-laws, &c.
all by-laws, rules and regulations for the good government
of the corporation not inconsistent with the laws of this
State and United States.

Sec 6. The commissioners shall have power to lev}' a tax
not to exceed fifty cents on the poll and not to exceed
twenty-five cents on the one hundred dollars' valuation of
property.

Sec. 7. The commissioners shall have power to tax all Taxation,
subjects of State taxation within the corporate limits to an
amount not to exceed one-half of the amount of State tax,
and shall have power to abate all nuisances and may impose
such fines as may be necessary to abate them.

Sec. 8. It shall be the duty of said commissioners to spend Application of tax
the tax so levied and collected in repairing the streets and
sidewalks.

Sec 9. This act shall be in force from and after its rati- when in force.
fication.

Ratified this 30th day of January, A. D. 1874.



CHAPTER XLIY.

AN ACT CONCERNING ROCK SPRING SEMINARY AND TO INCORPO-
RATE A BOARD OF TRUSTEES THEREFOR.

Section 1. The General Assembly of North Carolina do corporators-
enact, That Rev. J. W. Puett, J. A. Keids, F. W. Howard,
Jos. B. Shelton and Thomas Thompson, and their succes-
sors be and they are hereby declared to be a body politic
and corporate, to be known as the "trustees of Rock
Spring Seminary," in Lincoln county, and the .-aid trustees
shall have succession and a common seal, and be capable in



342



1873'-74— Private.— Chapter 45.



Trustees to elect,
Ac.



Corporate limits.



law to sue and be sued, plead and be impleaded, in all the
courts of the State having jurisdiction.

Sec. 2. That the said trustees shall have power to elect
their officers, consisting of a chairman, secretary and treas-
urer, and to establish such rules and regulations for the
observance of order and decorum, and for the removal of
any nuisance from the incorporation at any and all times,
not inconsistent with the constitution and laws of the State.

Sec. 3. That the said incorporation shall extend for the
distance of two miles in each and every direction from the
seminary buildings,
spirituous liquors. g EC> 4. That it shall not be lawful for any person to sell,
give away or dispose of spirituous liquors at or within two
miles of said seminary, and any person violating said pro-
hibition shall be guilty of a misdemeanor, and upon convic-
tion thereof shall for each offence be fined not less than
twenty, nor more than fifty dollarsj or imprisoned not less
than three months, one or both at the discretion of the court.

Sec. 5. That in case of death, or refusal to act, or removal
of any of the persons named as trustees in this act, the re-
maining trustees shall have power to fill the-vacancy, and all
after occurring vacancies: Provided, That not less than five
nor more than ten persons shall be trustees under this act.

Sec. 6. This act shall be in force from and after its rati-
fication.

Ratified this 30th day of January, A. D. 1874.



Vacancies.



When in force.



CHAPTER XLY.

AN ACT TO INCORPORATE THE TOWN OF TEACHEYS, IN DUPLIN

COUNTY.



Body politic. Section 1. The General Assembly of North Carolina do

enact, That the town of Teacheys, in Duplin county, be



lS73-'74— Private.— Chapter 45. 343

and the same is hereby incorporated by the name and style
of the town of Teacheys, and shall be subject to all the pro-
visions contained in the one hundred and eleventh chapter of
the Kevised Code, not inconsistent with the constitution and
laws of this State and the United States.

Sec. 2. That the corporate limits of said town shall be as Corporate limits.
follows : Kehoboth Lodge to be the centre, and the limits to
extend one-fourth mile in every direction from said lodge.

Sec. 3. The officers of said corporation shall consist of a Officers,
mayor and six commissioners and constable, and the com-
missioners shall have power to appoint a secretary and
treasurer.

Sec. 4. That the commissioners shall have power to pass By-laws, &c.
all by-laws, rules and regulations for the good government
of said town, not inconsistent with the laws of the State or
of the United States, and shall have power to tax all taxa-
bles within the incorporation not to exceed one-fourth of
the State taxes.

Sec. 5. That until their successors are elected under the Whotoacttm

others elected.

laws of the State, Cornelius McMillan, D. W. Alderman,
G. J. McMillan, H. F. Bland, D. H. James and J. C. Mc-
Millan, shall act as commissioners, and shall have power to
appoint some person to act as mayor.

Sec. 6. That there shall be no grog shop, lager beer saloon Grogshops.
or other place licensed or permitted to sell alcoholic liquors
unless the actual inhabitants, at a regular election, shall
otherwise direct.

Sec. 7. That it shall be the duty of the persons elected oath,
under the laws of the State to go before some justice of the
peace, for said county, and take the oath prescribed by law,
within five days after their election, and shall appoint a
mayor and constable and secretary and treasurer, if they
deem it necessary.

Sec. 8. This act shall be in force from and after its ratifi- when in force,
cation.

Ratified this 30th day of January, A. D., 1874.



344 1873-74— Private.— Chapter 46.



CHAPTER XLYI.

AN ACT TO INCORPORATE THE " NORTH CAROLINA GOLD AMAL-
GAMATING COMPANY."

corporator. Section 1. The General Assembly of North Carolina do

enact, That T. J. Cram, B. Arthur Mitchell, Augustine B.
Crosby, Joseph G. Mitchell, Lloyd P. Smith, and their as-
sociates, successors and assigns, or any three ot them, be, and
they are hereby created and made a body politic and cor-
porate by the name, style and title of ; ' The North Carolina
Gold Amalgamating Comp ny," and by such name and
title shall have continual succession for the purpose of work-
ing, mining, milling, purchasing, manufacturing, smelting,
assaying, reducing or otherwise treating ores, earths, minerals
and metals ; and for building, erecting and owning machinery
and fixtures for any of said purposes, or for sale, barter or
exchange, and for holding, owning, leasing, mortgaging or
selling such real or personal estate as may be necessary in
connection with the other privileges herein granted ; and to
erect houses, mills and other buildings upon, and otherwise
improve any lands leased or held by them; and for making,
buying and selling such matters and things as appertain to
their business; and shall be capable of suing and being sued,
impleading and being impleaded, and of having and using a
common or corporate seal, and the same to alter and change
at pleasure; and of granting and receiving in its corporate
capacity and name, property, real, personal and mixed.

capita.. Sec. 2. The minimum capital stock shall be one hundred

thousand dollars, to be divided into shares of not less than
one hundred dollars each, with pdwer to increase the capital
stock from time to time, by a majority vote of the stock-
holders, to a sum not exceeding two million and one half
($2,500,000) dollars.

Sec. 3. The principal office <>f the company shall be at
" Gold Hill," Rowan county, with such branch offices located



1873-74 — Private. — Chaptee 46. 345

wherever they may deem proper, as may be necessary for
the transaction of the business of the company ; and the
affairs of the compan} 7 shall be managed by a board of direc-
tors of such number as the stockholders may select and choose,
a quorum of whom may be such number as the stockholders
may name, but for the purpose of organization, the corpora-
tors herein named shall constitute the board of directors, and
shall hold office until their successors are elected and quali-
fied. The officers of the company shall be a president and
such other officers as the board of directors shall name, and
all offices except president may be abolished or combined by
a majority vote of the stockholders.

Sec. 4. The subscription to the capital stock of said com- Subscription,
pany shall and may be paid in such installments, in such
manner and in such property, real or personal, as a majority
of the corporators herein named may determine, but the
stockholders of this company shall not be liable for any loss
or damage or responsibility beyond the assets of the said
company ; and the said company may make, alter, repeal or
amend such by-laws and regulations covering all points of
organization and business not herein specifically provided
for, as they may deem necessary and proper; Provided, Proviso.
The same are not inconsistent with the constitution of the
Lnited States or of this State, or the provisions of this act.

Sec. 5. The said company may issue certificates of stock Certificates of stock
in such form and subject to such regulations as they may
from time to time prescribe, with power also to issue bonds
with coupons attached or other evidences of debt, borrow
money and buy and sell patent rights, and dispose of privi-
leges, to work under and use said patents or portions thereof,
reserving royalties or payments under the same, in such way
and manner as they may prescribe, and regulate and direct
in what manner their contracts and obligations shall be made
and executed, and generally to do all other matters and
things necessary to the proper and successful transaction of
the business for which it is organized.



346



When in force.



1873-74 — Private. — Chapter 47.

Sec. 6. This act shall be in full force and effect from and
after the date of its ratification.

Eatified this 30th day of January, A. D. 1874.



CHAPTER XLYII.



Body politic.



Powers, &c.



Proviso.



AN ACT TO INCORPORATE THE MEMBERS OF THE CONGREGATION
OF UNITED BRETHREN OF THE TOWN OF SALEM.

Section 1. The General Assembly of Worth Carolina do
enact, That the members of the Congregation of United
Brethren, commonly called Moravians, of the town of Salem
and its vicinity, be, and the same are hereby created and
erected into one body politic and corporate in deed and in
law, by the name, style and title of " The Congregation of
United Brethren of Salem and its vicinity."

Sec. 2. That the said corporation by the same name, style
and title, shall have perpetual succession, and be able to sue
and be sued, to plead and be impleaded in all courts of law
and elsewhere, and shall be able and capable in law and
equity to take, purchase, hold and receive to them and their
successors in trust for, and also to the use of said congrega-
tion, any lands, tenements, goods and chattels of whatsoever
kind, nature or quality, real, personal or mixed, which are
now, or shall, or may at any time hereafter become the
property of the said congregation or body politic by pur-
chase, gift, grant, bargain, sale, conveyance, devise, bequest
or otherwise, from any person or persons whomsoever, capa-
ble of making the same, and the same to grant, bargain,
sell, improve or dispose of for the use and benefit of the
said congregation : Provided, That it shall not be lawful
for said corporation to hold and enjoy at any time more than
sixteen hundred acres of land, except such lands as shall be
purchased at sales, where the same may be necessary to se-



1873-'74— Private.— Chapter 47. 347

cure any debt due to said Congregation, nor to appropriate
any of the surplus funds of said corporation to any other
than charitable or religious, or such other purposes as shall
expressly be specified in this act.

Sec. 3. No misnomer of said corporation or their succes- GlftB and s rant8 -
sors shall defeat or annul any gift, grant, devise or bequest
to or from said corporation : Provided, The intent of the Proviso,
party or parties shall sufficiently appear upon the face of the
gift, grant, will or other writing whereby any estate or in-
terest was intended to pass to or from the said corporation.

Sec. 4. The secular business of the said corporation shall Business conduct-

l ed by trustees.

be conducted by six trustees, of whom four shall be a quorum,
and who shall choose from among their number a president,
and may appoint a secretary and a treasurer to serve for the
ensuing year, either from among themselves, or from among
the members of the said congregation qualified to be elected
as trustees, according to the fifth section of this act. The
secretary shall keep true and correct minutes of the acts and
proceedings of the board of trustees, and the treasurer shall
receive, disburse and account for all moneys coming into his
hand, belonging to the said corporation, and shall, if re-
quired by the said trustees, give security for the faithful per-
formance of the trust reposed in him, and shall have his
accounts annually settled by the trustees, to be laid before
the Congregation at a general meeting. The said trustees
may likewise appoint such other officers as they may from
time to time deem necessary for the proper management of
the secular affairs of the Congregation, and they may allow
such compensation to all officers appointed by them for ser-
vices rendered as they may deem just and reasonable ; and
the said trustees may also at any time remove any of the
officers appointed by them, and appoint others to supply
their places when in their opinion the interests of the Con-
gregation require it. The said trustees shall also fix upon
the amount of contribution to be paid regularly, yearly, half
yearly or quarterly, by every member of the Congregation
of twenty-one years of age and upwards, at the rate of not



S43



1873-'74— Private.- Chapter 47.



Trustees.



Proviso.



less than fifty cents and not more than ten dollars am ually
from any one member, and collect the same ; and shall have
power to exonerate members on account of their disability
to pay if they deem it just and expedient ; and they shall
annually enquire, ascertain and report to the board of elders,
whether any member or members have failed or refused to
pay their contribution within the current year, on which
report the board of elders shall take such action, and make
such order as shall by them be deemed expedient and right.
Sec. 5. The following named persons shall fill the said
office of trustees until others be elected, as hereinafter pro-
vided, namely: J. W. Hunter and Henry W. Fries, to serve
till the first Tuesday of May, one thousand 'eight hundred
and seventy-six; Edward T. Blum and Augustus F. Pfohl,
to serve till the first Tuesday of May, one thousand eight
hundred and seventy -five, and John D. Siervers and John
Gr. Sides to serve till the first Tuesday of May, one thousand
eight hundred and seventy-four, on which day and on the
same day annually, thereafter, the members of the said Con-
gregation, qualified to vote by the seventh section of this act,
shall elect from their body two persons as trustees for the
term of three years, in place of those whose term shall
have expired : Provided, That no person shall be eligible
as a trustee who is not at the time of his election a citizen
of this State, and shall not have attained to the age of
twenty-five years, and who shall not have been at least three
years preceding his election, a communicant member of this
church, and shall not have paid his annual stated contribu-
tion, it any was collected, within one year, next preceding
his election, according to his ability ; nor shall any person
hold and exercise the office of a trustee after he shall have
ceased to be a member of the said Congregation : and in case
of vacancy by death, resignation, disability, refusal or neglect
to serve or otherwise, the vacancy or vacancies shall be
supplied by the remaining trustees until the next annual
elections.



1873-74 — Pmvate.— Chaptee 47. 349

Sec. 6. If the Congregation fail on the day of the annual Elections,
election to elect new members, as provided, this corporation
shall not be dissolved, but the outgoing members shall hold
over until their successors are elected at a meeting called,
as provided for in section seventh.

Sec. 7. Every male communicant member of said Con- communicants,
gregation who shall have attained the age ot twenty one
years and shall have paid, within one year, his stated contri-
bution toward the discharge of the yearly expenses of the
Congregation, if any was collected, unless he became twenty-
fee years of age after any contribution was due; and
also all ordained ministers being full members of this Con-
gregation, and no other, shall be entitled to vote at the
elections of said Congregation, or at any meeting of the
said Congregation, and all elections shall be by ballot. All
notices of elections and meetings of the Congregation shall
be published from the pulpit or desk on an occasion of pub-
lic worship, or in such other way as the board of elders shall
direct, and in all cases a majority of the duly qualified
voters shall govern at meetings of the Congregation ; and
all meetings ot the Congregation shall, in the first place, be
called and ordered by the board ot elders ; and upon applica-
tion of the board ot trustees, or ten or more voting members
of the Congregation, the board of elders shall call a meeting.

Sec. 8. The board ot elders shall be composed of tbe Board of eiders,
minister or ministers of the congregation, the president of
Salem Female Academy, and three elders, a majority of
whom shall constitute a quorum, of which board the senior
minister or pastor shall be president; and the said members
of the board of elders shall choose from their number a sec-
retary ; and in the absence of the president, a chairman pro
tern. Besides the above named official members of the
board of elders, the following named persons shall fill the
said office of elders, until others be elected, as hereinafter
provided, viz : Jacob L. Fulkerson, to serve until the fir6t
Tuesday ot May, one thousand eight hundred and seventy-
six ; Edward W. Lineback, to serve until the first Tuesday,






350



1873-74— Private. — Chapter 47.



Proviso.



Proviso.



Proviso.



Ministers,



ot May, one thousand eight hundred and seventy five ; and
J. Nathaniel Blum, to serve until the first Tuesday of May,
one thousand eight hundred and seventy -four, on which day
and on the same day annually thereafter, the members of
the said congregation, qualified to vote by the seventh sec
tion of this act, shall elect from their body one person as
elder for the term of three years, in place of the one whose
term shall have expired. The elections for elders are to be
held at the same time and place, and in the same manner
provided for and directed in section fifth of this act, for the
election of trustees. If the congregation fail on the day of
the annual election to elect a new member, as provided, the
outffoinir member shall hold over until his successor is
elected at a meeting called as provided for in section seventh :
Provided, That nothing herein contained shall be so con-
strued as to permit the same person serving as trustee and
elder at the same time, and Provided further, That in case
of vacancy by death or otherwise among the said elders as
elected, the remaining members of the board of elders may
supply the vacancy until the next annual election from the
members of the congregation duly qualified, and provided
further, That no one shall be elected an elder who is not
thirty or more years of age, and a member of the Moravian
church of five years' standing, and himself qualified to vote
according to the seventh section of this act.

Sec. 9. No person or persons shall be minister or minis
ters, or assistant minister or assistant ministers of this con-
gregation, or shall be allowed to act as such who shall not
have been from time to time duly appointed by the proper
authorities, according to the recognized rules and principles
of the church of the United Brethren and the southern dis-
trict of the said church in the United States of America ;
nor shall any minister or assistant minister continue to
officiate any longer in this congregration, unless with the
consent of the said authorities, after his appointment shall
have been revoked by the said duly constituted authorities
of the said church of United Brethren ; but whenever, in



1873-'74— Private.— Chafier 47. 351

case of a vacancy by death or otherwise, in the pastoral
offices of the congregation, a person duly qualified has been
appointed by the proper authorities of the church of the
United Brethren as above directed, the name of the person
so appointed shall be by the proper authorities laid before
the board of elders, and then before the board of trustees,
and these boards shall decide whether the person whose
name is laid before them shall be accepted or not ; and the
said trustees and their successors shall at all times and for-



Online LibraryNorth CarolinaLaws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1873/74) → online text (page 29 of 42)