The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-07-28
NOT AUTHORIZED
TO BUHD 4 JAIL
Claim Phi Ferln " Opponents Il
New Coarl Hoase
NOT FOUNDED on FlGI

Property as : Courthouse and Jail
Site and Erect Bsildings Thereon"
The vigilant opponents Of the cree
ton OF new courthouse and jail by
the board of Durham county commits
sioners and the persistent advocates
OF stagnating inaction startled the
people Of the city and county and
threw dismay into the ranks OF the
advocates Of progress by announcing
this morning with a blare OF trum-
pets that no Jail could be erected and
that the entire courthouse PROPOSE
ton was therefore . nullity for time
TO come. The reason given for this
inability Of the commissioners to
erect house Of detention for the
prisoners OF the county Is that the
erection is not authorized BY the
special act OF the legislature grant
ing the commissioners power to is
sue the bonds for the purchase of a
site and the erection Of new build
ings.
Section OF chapter 47s Of the
public laws OF North Carolina OF the
session OF 1907 says:
THAT the board OF commissioners
of the county Of Durham are hereby
authorized and empowered to sell.
convey, by and with the consent OF
the board Of aldermen OF the city Of
Ddrham. the present property now
owned and used for a court house and
jail site; and II they shall determine
10 sell the same, the said board Is
authorized and empowered to subdi-
vide the same into convenient lots
and offer the same as subdivided at
public auction after thirty days notice
to the highest bidder. or 10 offer the
tsame as a whole to the highest bid
der, and make and execute deeds or
deed In fee simple to the purchaser
thereof. And, the board OF aldermen
OF the city Of Durham are. hereby an.
thorized and empowered TO Join In
the execution Of said deed or deeds
to the purchaser thereof. And the
said board OF commissioner are FUR
Their authorized aud empowered 70
purchase other additional property
as a courthouse and Jail site and
erect buildings thereon. and. n
agreed upon by the said board OF
county commissioners and the board
Iof aldermen Of the city Of Durham,
shall hold the same subject TO the
trust nov existing on the present
property IN favor OF the city Of Der
ham"
II win be seen from this section
that the board OF commissioner ar,
expressly and specifically authorized
10 purchase property as court
house and Jail site and erect build
ings thereon"
rne opponents Of the erection o
courthouse left out. II Is presumed
BY a typographical error. sesera
lines Of the section quoted above
This Is the way they made the sec
ton 10 read.
Sec. 5. That the board OF commits
sioners Of the county OF Durham arr
hereby authorized 10 sell and conyel
by and with the consent OF the boar,
OF aldermen OF the>city OF DurhaTa
the present property nov owned an'
used for G courthouse and jail site
ard IL they shall determine the sat
board Is authorized and empowers
70 subdlyide the same into conyen
lent Iots and offer the same as sub
divided AZ public auction, after thirt.
days notice. 10 the highest bidder. o
/ to offer the same as q whole to IN
: highest bidder. or make aud execufl
! deeds or deed In fee simple TO IN
: purchaser thereof. And the board o
: aldermen Of the city Of Durham ar
{ hereby authorized and empovece,
] leo purchase other additional prop
! erty as 4 courthouse and jail site
} and erect buildings thereon. and.
/. agreed dpon b. the said board Q
!. county commissioners and the boail
4 of aldermen OF the city OF Durham
!. shall hold the same subject 10 ~
! trust nov existing on the presen
! property in favor OF the city Of Dun
!. ham. s
A glance At the two quotations o
the section OF the Law will show tina
l in this latter quotation the words
4 Join In the execution OF deeds o
! deed 70 The purchaser thereof An
! the said board Of county ccmmii
!. sioncrs are further" are omitted
The omission OF this part OF "a
section makes Il authorize tho boar
OF aldermen TO buy q site for eour
4 house and Jail and erect building
n which IL absurd.
4 The other sections Of the act, y
y latlng TO the issuance Of bonds, "
/, curing q new site. and erecting ne
d buildings. Ia a. follows,
}. Section !. The board OF count
N commissioner OF Durham county ar
u hereby authorized and empowered I
n sclcct and purchase . site for N
N building and erecting thereon Of
n new county Courthouse and 10 lev
q and collect special tar for Tie PM
; pose Of building a new court hous
n on the site 70 designated and lssu
\. ffsI1n far IN. s......<.vf th<frfota a.