FOREST FIRES IN NORTH CAROLINA. 41 



sides the chairman, shall be paid by the said treasurer to the owner of said 

 lands purchased for the said purpose out of any funds not otherwise appro- 

 priated. 



Sec. 5. The total amount to be expended under this act shall not exceed 

 $20,000, and the said sum of $20,000 is hereby designated as a maximum 

 amount to be expended in the acquisition of the said properties, and the said 

 commission is especially charged with the duty of acquiring as much of the 

 lands as is possible for the purpose intended, not exceeding the maximum 

 amount hereinbefore designated. 



Sec. 6. Out of the funds so appropriated the said Mitchell Peak Park Com- 

 mission shall have power, as soon as practicable, to acquire either by purchase 

 or condemnation so much of Mount Mitchell, including the peak thereof, as 

 they shall deem necessary as a suitable site for the purpose intended, and 

 in the event of the purchase of said land or lands privately from the owner 

 or owners thereof, the said commission shall take a deed to the State of 

 North Carolina therefor. 



Sec. 7. Whenever from any cause the said commission cannot agree with 

 the owner or owners of the land which they shall select for the purpose of 

 the park as aforesaid, as to the price to be paid for the same or for any part 

 thereof, said land or lands may be taken at a valuation to. be made by three 

 competent and disinterested freeholders of the county of Yancey, one of whom, 

 after due notice to the landowner of such proceedings, shall be chosen by the 

 said commission, one selected by the landowner, and these two shall select a 

 third ; and in case the landowner refuses to select, then said commission shall 

 select two and these two shall select a third, and said freeholders after being 

 duly sworn by a justice of the peace of the county of Yancey, shall at once go 

 on said land and proceed to condemn said land or lands and ascertain the 

 sum which shall be paid the owner or owners of said properties and report the 

 same to the said commission, under their hands and seals, which report, on 

 being confirmed by the said commission and spread upon their minutes, shall 

 have the effect of a judgment against the said Mitchell Peak Park Commission, 

 and upon paying said sum to the landowner, or in the event of an appeal, upon 

 paying said sum to the chairman of said commission to await the result of 

 such appeal, shall pass title to the State of North Carolina of the land so 

 taken : Provided, that if any person whose land is taken for the said purpose 

 or the said commission be dissatisfied with the valuation thus made, then and 

 in that case either party may appeal to the next term of the Superior Court 

 of Yancey County within ten days from the filing of such report: Provided 

 further, that such appeal shall not hinder the commission from taking posses- 

 sion of said property. 



Sec. 8. The Governor shall have power, upon complaint or upon his own 

 motion, to remove any of said commissioners for negligence of duty or for 

 any conduct unbecoming said commissioner and inconsistent with his duties 

 under this act. The position of commissioner under this act shall not be con- 

 strued to be an office within the meaning of section 7. Article XIY of the Con- 

 stitution of North Carolina. The said Mitchell Peak Park Commission shall 

 make report to the Governor, setting forth all purchases, condemnations, and 

 expenditures of every kind under this act. 



Sec. 9. This act shall be in force from and after its ratification. 



Ratified this the 3d day of March, A. D. 1915. 



