Oath of chief. Council to take oath. Oath of council. Other officers to take oath. How money paid out. "I do solemnly swear (or affirm) that I will faithfully execute the duties of principal chief of the Eastern Band of Cherokees, and will, to the best of my ability, preserve, protect and defend the constitution and laws made for their government." And the council, before entering upon their duties, shall take the following oath before some officer authorized to administer oaths, to-wit: "I, A. B., do solemnly swear (or affirm) that I have not obtained my election or appointment as a member of this council by bribery, or any undue or unlawful means or frauds; that I will support the constitution and laws of the state of North Carolina, and that in all measures which may come before me I will so conduct myself as in my judgment shall appear most conducive to the interest and prosperity of the Eastern Band of Cherokees." And all other officers of said corporation shall take such oaths as prescribed by the council. SEC. 20. No money shall be paid out, except upon the warrant of the principal chief, authorized by an act of council, and treasurer of said corporation shall give a bond for the faithful perTreasurer to give formance of his duties as such treasurer in double the sum of money that passes through his hands, and shall render a statement of all moneys received and disbursed by him at each annual council, and oftener if required to do so by the principal chief. bond. Impeachment. Power of council. Qualification of person holding lands of this corporation. Money to be divided per capita. By-laws. SEC. 21. That any officer of the Eastern Band of Cherokee Indians who has violated his oath of office, or has been guilty of any offence making him ineligible to hold said office, may be impeached by a two-thirds () vote of the council. SEC. 22. That the council of the Eastern Band of Cherokee Indians shall direct the management and control of all property, either real or personal, belonging to the Band as a corporation; but no person shall be entitled to the enjoyment of any lands belonging to the Eastern Band of Cherokee Indians as a corporation, or any profits accruing therefrom, or any moneys which may belong to said Band as a corporation, unless such person be of at least one-sixteenth (1-16) of eastern Cherokee blood, and in case that any money derived from any source whatever, belonging to Eastern Band of Cherokee Indians, shall be distributed among the members thereof, the same shall be divided per capita among the members entitled thereto. SEC. 23. That the said Eastern Band of Cherokee Indians is hereby fully authorized and empowered to adopt by-laws and rules for the general government of said corporation, governing the management of all real and personal property held by the Eastern Band of Cherokee Indians as a corporation, and direct and assign among the members thereof homes in the Qualla Boundary and other land held by them as a corporation, and is hereby vested with full power to enforce obedience to such bylaws and regulations as may be enacted by the council through the marshal of the nation. SEC. 24. That as the county authorities of Jackson, Swain, Exempted from poll tax in cerGraham and Cherokee counties make no provision for the sup- tain counties. port of the poor, nor provide free schools for the children of the Eastern Band of Cherokee Indians, the male members of said Band in said counties shall be exempt from the payment of any poll tax, or if said poll tax shall be collected, the same shall be paid over by the proper officers of said counties to the council of the Eastern Band of Cherokee Indians, to be used by said Band for educational purposes. ratifled. SEC. 25. That a decree which the attorney-general of the Certain decrees United States caused to be entered on October fifteenth, one thousand eight hundred and ninety-four (1894), in the circuit court of the United States for the Western District of North Carolina in the two suits, respectively, the Eastern Band of Cherokee Indians vs. William H. Thames et al., and the United States vs. William H. Thames et al., by which the title to the Qualla Boundary of land was vested in the Eastern Band of Cherokee Indians in fee as a corporation, as created by the act of assembly of the state as aforesaid, be, and is hereby, ratified and confirmed, and that said Indians, as such corporation, are also authorized to hold title to the several tracts of land conveyed in what is known as the "Ribbald deed," executed August fourteenth, eighteen hundred and eighty (1880), by William Johnston et al., to the commissioner of Indian affairs, as trustee for the confirmed, &c. Eastern Band of Cherokee Indians; and that section seven Sec. 701, chap. 16 hundred and one (701), chapter sixteen (16), of The Code, entitled of Code repealed "corporations," so far as the same applies to this act, be, and the same is hereby, repealed. SEC. 26. That the organization had and the by-laws passed Former by-laws by the Eastern Band of Cherokee Indians on December thir- and acts, &c., teenth (13), eighteen hundred and eighty-nine (1889), in pursu- lidated. ance to the act of incorporation aforesaid, be, and is hereby, ratified and confirmed. And all acts and resolutions of council, and contracts made by the said council in pursuance to said organization, not inconsistent with the constitution and laws of North Carolina, is hereby validated. SEC. 27. The council of the Eastern Band of Cherokee Indians, organized under this act, are hereby fully empowered to convey "Ribbald" deed as to this act. ratifled and va ized to convey all corporation in Council author interests of this all interests whatsoever to the Cherokee Indians residing in Graham and Cherokee counties, that the said Eastern Band Cherokees have in all the lands of the said Eastern Band Cherokees, situated, lying and being in the counties of Graham and Cherokee, North Carolina, upon the said Cherokee Indians residing in Graham and Cherokee counties conveying to the Eastern Band Cherokees, all interests whatsoever that the said Cherokee Indians residing in Cherokee and Graham counties may have in the lands known as the Qualla Boundary, in Jackson and Swain counties, North Carolina. In the execution of which deeds the father or mother of such Cherokee residents of Graham and Cherokee counties, if living, shall represent the family; and the children of such father and mother precluded from afterwards claiming any interests whatever in the common property, either real or personal, held as a corporation or as common property. All deeds executed by the Eastern Band of Cherokees, shall be under the corporate seal, and acknowledged as deeds of corporate bodies are acknowledged under the laws of this state. All contracts, including the contract made with D. L. Boyd for the sale of the timber in the Qualla Boundary, in Jackson and Swain counties, in North Carolina, the contract made with H. G. Ewart for professional services rendered the said Eastern Band, North Carolina Cherokees, and all other contracts, leases, agreements, etc., hitherto made by the Eastern Band, North Carolina Cherokees, whether made under a corporate seal or not, are hereby fully validated and legalized, as if the same had been so made under a corporate seal. SEC. 27. This act shall take effect from and after its ratification. Ratified the 8th day of March, A. D. 1895. Chapter 380, pri- CHAPTER 167. An act to incorporate the Atlantic, Yanceyville & Reidsville Railroad Company, chapter three hundred and eighty, private laws, ratified the sixth day of March, eigtheen hundred and ninety-three. The General Assembly of North Carolina do enact: SECTION 1. That the proviso in section two (2) of said act, be so amended as to read: Provided, however, that unless the said company shall, within two years from and after the passage of this act, actually commence to locate and construct said road, or some part thereof, this charter shall be forfeited. SEC. 2. This act shall be in force from and after its ratification. Ratified the 8th day of March, A. D. 1895. CHAPTER 168. An act to amend the charter of the town of Albemarle, in The General Assembly of North Carolina do enact : Corporate name. SECTION 1. That the inhabitants of the town of Albemarle Body corporate. shall be, and continue as they have been, a body corporate, and shall bear the name and style of the town of " Albemarle," and shall have power to purchase and hold real estate for the benefit of the town, and that said town shall have the power to Corporate powsue and be sued, to plead and be impleaded, as any other corporation, and that said town shall be subject to the general laws of the state in relation to corporations of like kind, not inconsistent with this act. ers. SEC. 2. The corporate limits of said town shall extend from Corporate limits. the centre of the public square in said town one-fourth of a mile running with the compass bearings west; thence north with the compass bearings of Second street five-eighths of a mile; thence east with the compass bearings of North street one mile; thence south with the compass bearings of Fourth street one mile; thence west with the compass bearings of South street one mile; thence north with the compass bearings of Second street three-eighths of a mile. SEC. 3. That the officers of said corporation shall consist of a mayor, five commissioners and a constable. Officers. electors. SEC. 4. That all resident citizens, who are qualified voters of Qualification of this state within said corporation, that have resided in the county for ninety days, and in the town for thirty days next preceding any election held in said town, shall be entitled to vote, and all citizens who have resided in the incorporation for six months shall be eligible to hold office in said corporation. SEC. 5. That it shall be the duty of the mayor of said town to take the oath of office prescribed by law within five days after his election, and that the commissioners elected at any election for said town shall meet and organize within five days Mayor and commissioners to qualify. Bond of constables. Taxation. Streets. Condemnation of land. Condemnation proceedings. Proviso. next after their election, and they shall take the oath of office that they, as a body, will faithfully and impartially perform the duties of commissioners to the best of their knowledge and the ability for ensuing term. SEC. 6. That the constable elected at any election for said town shall enter into a bond, payable to the town of "Albemarle," or to the state of North Carolina, the amount of which shall be fixed by the board of commissioners. SEC. 7. That the commissioners of said town shall have power to levy a tax for each year, not to exceed one dollar and twenty cents on the poll and forty cents on the one hundred dollars' valuation of property, said valuation to be the same that is placed thereon to raise revenue for state and county purposes, and that all taxes shall be levied according to article five (5), section three (3), of the constitution of the state. SEC. 8. That the board of commissioners of said town shall have power to grade, macadamize and pave the streets and sidewalks, and to lay out, change and open new streets or widen those already opened, and to make such improvements thereon as the public convenience may require, and that the board shall be the sole judges of the improvements required. The board may condemn any land for public use, under the same rules and regulations as are hereafter provided for the laying out of public streets in this act. SEC. 9. That when any land or right of way be required for the purpose of opening new streets or for other objects allowed by this charter, and for want of agreement as to the compensation therefor, the same may be taken at a valuation to be made by three freeholders of the town, to be chosen by the board of commissioners; and in making said valuation said freeholders, after being duly sworn by the mayor, shall at once proceed to condemn said lands, and take into consideration the loss or damage which may accrue to the owners in consequence of the lands or right of way being surrendered; also any benefit or advantage such owner may receive from the opening or widening such streets or other improvements, and ascertain the sum which shall be paid to the owner of said property, and report the same to the board of commissioners, under their hands and seals, which, on being confirmed by the board and spread upon their minutes, shall have the effect of a judgment against said board of commissioners, and shall pass the title to the board of commissioners, in their corporate capacity, of the lands so taken, and the lands may at once be comdemned and used by said town for the purpose intended: Provided, that if any person over whose land the said street may pass or improve |