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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) online

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•Turistiictiou of tutod au inferior court, and as such shall, within the cor-

tlie iiiavor. ...

jiorate limits of the town, have all the powers, jurisdic-
tion and authority of a justice of the peace to preserve and



1876-77— Chapter 117. 18.>

keep the poaco ; to issue process, to lieiir and to detorii)iiie
jiU causes of action which may arise upon tlie ordinances
and regulations of the town, to enforce penalties by issu-
ing executions upon any adjudged violation thereof, and
execute the by-laws, rules and regulations made by the
commissioners. The mayor shall further be a special
court within the corporate limits of the town, to arrest
and try all persons who are charged with a misdemeanor
for violating any ordinance of the town, and if he shall
llnd the accused guilty, he shall be fined at the discretion
of the court, or mayor, not exceeding the amount specified
in the ordinance or ordinances so violated, or at the dis-
cretion of the mayor or court trying the same, such oft'en-
der may be imprisoned not more than thirty days in the
common jail of the count}'. If the accused is dissatisfied
with the judgment of tlie mayor, or court, he may appeal
iu like manner as prescribed for appeals from judgments
of a justice of the peace.

Sec. 10. That the mayor may issue his precepts to the
town constable, who may execute the same anywhere in Mayor may issue

•J ■■ his i>recei)ts.

Forsythe county, or to such other officers to whom a
justice of the peace may direct his precepts. An endorse-
ment by the mayor of the names of the witnesses upon a
summons or warrant, shall Ije authority for the officer to
execute thesam-. The maj'or shall keep a faithful minute
of the ])recepts issued by him, and of all his judicial pro-
ceedings.

Sec. 11. That the board of commissioners shall have
authority to put to and keep at work on the streets of work ou sir.'ets.
the town, any person or persons who may fail to pay any
tax, fine, penalty, or forfeiture which may be imposed on
such person or persons for violation of any ordinance, by-
law, or regulation of said town, and the said commission-
ers shall have authority l)y their ordinances and l>y-laws
to confine, control and manage such persons until the said
fines and penalties, or forfeitures, together with cost
thereof, shall be fully paid and satisfied, mider such rates
for labor and board as the conmiissioners may adopt.



186



1876-'77— Chapter 117.



Polieemen ar-
resting persons,
ate.



Kay open new
atreeta.



IVicase of disa-
greemeat.



5P*x>viso.



ac^y levy a tax



Sec. 12. That any town constable, policeman, watch-
man, or town officer arresting any person or persons for a
violation of any of the ordinances of the town, shall have
the right to commit such person or persons to the lock-u[»,
or to the common jail of the county, for as early trial as
possible.

Sec. ] 3. That the commissioners shall have power to lay
out and open any new street or streets, within the cor-
porate limits of the town, whenever by them deemed
necessary, and shall have power, at any time, to widen,
enlarge, change or extend, or discontinue any street or
streets, or any part thereof, within the corporate limits of
the town, and shall have full power and authority to con-
demn, appropriate or use any land or lands necessary for
any of the purposes named in this section, upon making
a reasonable compensation to the owner or owners thereof.
But in case the owners of the land and the commissioners
cannot agree as to the damages, then the matter shall be
referred to arbitrators, each party choosing one, w^ho shall
be a free holder and a citizen of the town, and in case
the owner of the land shall refuse to choose such arbi-
trator, then the mayor shall, in his stead, select one for
him ; and in case the two chosen as aforesaid cannot agree,
they shall select an umpire, whose duty it shall be to
examine the land condemned, and ascertain the damage
sustained and the benefits accruing to the owner in con-
8e(][uence of the change ; and the award of the arbitrators
shall be conclusive of the rights of the parties, and shall
vest in the commissioners the right to use the land for the
purposes specified, and all damages agreed upon by the
commissioners, or awarded by the arbitrators, shall be
paid as other town liabilities, by taxation : Provided, That
either party may appeal to the superior court, as now
provided by law.

Sec. 14. That the board of commissioners of the town
of Winston shall have powder, not oftener than annually,
to impose, levy and collect a tax upon all real and per-
sonal estate) within the corporate limits of said town,



1876-'77— Chapter 117. 187

'■\.t:

and also upon all money on hand, solvent credits, and
upon all polls and all other subjects of taxation, taxed by
the General Assembly for public pui-poses, and the said
board shall have power to levy and collect a commutation
tax upon all persons residing within the corporate limits
of Winston, that may be liable to work on the public
roads, in lieu of requiring of them such personal services
on the roads and streets.

Sec. 15. That the annual tax on property shall not ex-
ceed fifty cents on the one hundred dollars valuation '^[^^^ "oi to exceed
thereof, nor shall the poll tax and commutation tax each
exceed one dollar and a half, and the board of commis-
sioners shall have no power to create a public debt upon
the corporation.

Sec. 16. That in addition to subjects liable to taxation

, n , ,^ SpecifiG or license

for state purposes, the commissioners shall have power to tax.
lay and collect a specific or license tax on the following
subjects, to-wit : All itenerant auctioneers, merchants or
pedlers, vending or offering to vend in the town ; each
express company, each telegraph office, each railroad com-
pany having a depot, each photographic artist and persons
taking likenesses of the human face, each broker or
banker's office, dealer in patent rights, each sewing
machine company or agent, each life or fire insurance
agent, commission merchants and commercial brokers,
each distiller of fruit or grain, each livery stable keeper,
every non-resident huckster or trader, or agent of such,
who buys produce on the streets for sale in other markets,
each rectifier and compounder of spirituous liquors, each
gift enterprise and lottery, each dray, each omnibus, every
person wearhig or carrying a deadly weapon concealed,
unless he be a public officer, authorized to execute process
ifsued by some court or officer.

Sec. 17. That the commissioners shall have power to
declare all hon-ies, cattle, dogs, and sheep, running ut large ^ '^'«"°*'*-«-
within the corporate limits of the town, a nuisance, and
the commissioners may, at their option, impose a fine
upon the owner or owners of said animals running at



188 1876-77— CiiAPTi-R 117.

large, or may treat the same as a nuisance and have it
ahated.

Sec. 18. That no person shall retail or sell any spiritu-

nlj'uor i'll'iess' <His lifpiors, Wine, cordial, ale, porter, lager beer, or any

rhV'J'e^BVnons!'" otlicr s]»iritr.ous, vinous, or ]iialt liquors, by a less meas-
ure or in less quantity than three gallons, Avithin the
corporate limits of Winston, without first having paid the
tax and obtained a license therefor as herein required.
Sec. 10. That no person shall erect, put n[», keep, use or

ni'i-Ttabie" 'ac' niaintain any billiard table, ten-pin alley, or any gaming
table or place by whatever name known or called, at
which games of chance, hazard or skill shall be played "
within the corporate limits of Winston, without first hav-
ing paid the tax and obtained a license therefor as herein
i'0(piircd.

Sec. 20, That the commissioners of the town of AViu-

t.'oiToiatioii tax. ^^^^^ shall imposc, levy and collect a corporation tax of not
less than five hundred dollars per annum upon ever}' per-
son obtaining a license for any one of the jiurposes speci-
fied in sections eighteen and nineteen, of this act, and
said commissioners shall grant no license to any person
for any one of the purposes herein enumerated, until he
shall have paid all the taxes imposed for said license, and
})roven a good moral character by the oaths of not less
than two citizens of said town ; said commissioners shall
have the })Ovver to grant or refuse a license to any person
for any one of the aforesaid purposes, at their discretion.
Sec. 21. That no court, board of county commissioners

Mo.siipriftorotii- sheriff, or any other officer, shall grant a license to any

er officer to giant „ „ ^, .„ , . ^.

ji(tense,<6c. pcrsou for an/ one of the purposes specmed m sections

eighteen and nineteen of this act, [and any per-
son go offending] sliall forfeit and pay to the com-
missioners of W'^inston, the sum of fifty dollars for
each offence, to be sued for and recovered b}'' said com-
missioners, and such violation shall be held and deemed
a misdemeanor, and any one convicted thereof, shall be
fined fifty dollars, or imprisoned thirty da^'s, and each act
of selling or retailing shall be deemed a separate offence,



Penalty.



lS7()-'77— Chapter 117. 189

and each day or part of a day iu wiru-li any billiard tabic,
ten-pin alley, or any gaming- table, or i)lace ^vhere any
game of chance, hazard, or skill j^hall be kept up, main-
tained or played, by whatever name known or called, shall
be deemed a se}>arate offence and a violation of this act.

Sec. 2o. That the board of connnissioners of the town
of AVinston may receive and hold l)y gift, devise, dona- ginyaevtsef&e.
tioii, or purchase any land, necessary for a jiublic stpiarc,
j>ark, or for one or more schools, or for any other purpose.
or within the corporation of the town, for tlie use of the
town, and in case of a i>ur('ljase, may levy a tax to }>ay
for and improvethe same.

Sec. 24. That the board of eommissioncrs shall have tlic
nower to require the owner or owners of lots, on such Ma.v miuiie

11 _ srrf'<'ts to be. keiit

streets as they may desire, to construct and keep in jn-o- if -^o.xi repair,
per repair the side-walks in front, and all side-walks ad-
joining said lots, in such manner as may be prescribed by
said commissioners, and in case of failure of said h.t
ownei's so to do after thirty days notice thereof, said
commissioners shall have the authority to do it, at the
expense of said lot owner, wdiich shall be alien and charge
upon said lot. Provided^ The commissioners shall rcipiii-e Proviso,
the same to be done with earth, gravel or sand, but in
case the commissioners shall require the side-walks to be
paved with brick, stone, or other costly material, then tjie
town shall defray one-half the expense of the same, and
the other half to be paid by said lot owners, which shall
also be a lien and charge upon said lots; and the fore-
going liens may be enforced by the commissioners in such
manner as the}' may direct in their ordinances.

Sec. 2-"). That the board of commissioners sliall have

. T , ,1 1, . .Duties of till-

pOAver to provuJe water, take all proper means to prevent commissionciB.

and extinguish fires, to make regulations to cause an ol)-

servance of the Sabbath, appoint and regulate town

watches, suppress and report nuisances, f reserve the health

of the town from contagious and infectious diseases, to

control and regulate the kecfting of powder within town,

to regtdate the speed of riding and driving on the puldic



1,90 1870-77— Chapter 117.

Ktreets, and to keep, or re(|uire to be kept, the side-walks
clear of all obstructions, to cut and remove all boughs,
branches or parts of trees or shrubbery extending upon or
overhanging the side-walks or streets, at the expense of
tne owners of the adjacent lots, who may refuse to do the
same on five days' notice from the mayor of the town.

Sec. 26. That the commissioners may provide for the
Kiro conipanies. organi/ation, equipment and government of tire com-
panics, and in all cases of lire, a majority of such commis-
sioners as shall be present, may, if they deem it necessary
to stop the progress of the fire, cause any house to be
l)lown up or pulled down, for which they shall not be re-
sponsible to any one for damages.

Sec. 27. That the town of Winston sliall bo vested with
Powers, rights, all tlic powcrs, rights, privileges and immunities enumer-
ated in chapter one hundred and eleven. Battle's Revisal,
entitled "Towns," not inconsistent with any of the pro-
visions of this act.

Sec. 28. That all laws, and clauses of laws, coming in
conHic-tingiaws. ^.^j^j^j^.^. ^yi^li this act, be, and the same are hereby re-

l)ealed .

Sec. 29. That this act shall be in Ibrcc from and after
its ratification.

Ratified the 23d day of February, A. I). 1877.



1876-77— Chapter 118. 191



CHAPTER CXVIII.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF DARE COUNTY
TO HAVE TRANSCRIBED DEEDS AND OTHER PAPERS OR RE-
CORDS IN THE COUNTIES OF HYDE, TYRRELL, &C.



Preamble.



Whereas, The count}' of Dare was created oat of the ter-
ritories of the counties of Hyde, Tyrrell and Currituck ; and

Wherecis, The title deeds to the lands of the said county
of Dare are recorded only in the said counties of Hyde,
Tyrrell and Currituck ; therefore.

Section 1. The General Assembly of North Carolina do
enact, That the commissioners of the county of Dare are i^eds! "i"'***
hereby authorized to have transcribed from the deed
l)ooks of the said counties of Hyde, Tyrrell and Currituck,
all deeds of bargain and sale, deeds of trust, mortgages,
bonds to make title, contracts to sell real estate, decrees
or orders of court aifecting the title of any real estate
now lying in whole or in part, in the said county of Dare,
and record the same, with all the certificates and probates
thereto attached, in the regular deed books of the regis-
ter's office for the county of Dare. All papers &o tran-
scribed and recorded shall be duly certified as a true coj)y
of a deed recorded in the office of [the] register of deed&
for the county of .

Sec. 2. All deeds, deeds of trust, mortgages, or other
instrument of writing, requiring registration, when so ^QgiitrMiSn"""^
transcribed and recorded as above prescribed, shall, in all
respects, have the same effect as if tlicy had hccn origin-
ally registered in the county of Dare when said county of
Dare was first created.

Sec. 3. And said commissioners are hereby anthoi-izod (•,>ini>.'-it.ni iow.
to make reasonable compensation for the same.

Sec. 4. That this act shall be in force from and after its
ratification.

Ratified the 23d day of February, A. 1). 1877.



192



1876-77— Cfiapteu 110—120.



CHAPTER CXLX.

AX ACT TO MAKE ALL OUTSIDE AM) DIVL'^ION KANKS ON KICK
I'LANTATEONS, LYING UPON THE CAPE FEAR lUVER, FROM TEN
MILES ABOVE "\VILMIN(!TON TO THE MOUTH OF THE RIVER
LAWFI'L FENCES.

Skctiun L 7 he General AKsembb/ of North Carob'na do
Lawful fences. oHtrf^ 'i'liiit fill OTitside aiul division banks on rice planta-
tions, lyini;- upon tlio Cape Fear river, from ten miles
above AVihnington to the month of the river be, and are
hereby declared la\\ful fences, and shall 1)C held as such
for all ])nrposcs.

Sec. 2, All la\\s, or ))arts of laws, are, so far only as
Conflict ing laws, they ai'c in conflict A\ith the S]>ccial provisions of this act,
hereby re})ealed.

Sec. 3. This act shall be in force from and after its rati-
tication.

Eatiticd the 23d day of February. A. D. 1877.



CHAl'TKR CXX.

AN ACT FOR THE RELIEF OF THE CITY CONSTABLE OF THE CITY
OF CHARLOTTE.



Section 1. 'The General Assembbj of JS'orfh Carolina do
MaycoUectai- ciiact. That Cbarlcs Alexander, city constable of the city

rears of tax<;s foi- , , i • i j i -i i

i872-'73-':4and'75. of Charlottc tor thc years one thousand eight hundred
and seventy-six and one tlionsand eight hundred and
seventy-seven, his bondsmen or legal representative, is
hereby authorized and empowered to collect arrears of
taxes for the years one thousand eight hundred and
seventy-t\\(>, one thousand eight hundred and seventy-



1876-77— Chapter 120—121. 11'3

throe, c»iie tliousand eight hiuidred and seventy-four and
■one one thou^^and eight hundred and seventy-five, under
snch rules and regulations as are, or may be, prescribed
hy law, for the collection of the taxes of said city.

Sec. 2. That no person shall be compelled to pay any ^.^^.^^^ ^^^ ^^^^
tax, under the provisions of this act, who will make oath peiicatopay, &<•■.
before any one autnorized by law to administer oaths, that
lie or she has paid the same, or believes the same has been
j)aid ; nor shall any executor or administrator be com-
pelled to pay any arrears of taxes under this act.

Sec. 3. That nothing herein contained shall be con-
strued to release said city constable, his boiidsmcn, or constable not re-

. . leased liom i>ay-

lesral representatives from liability to i)av the taxes to m- taxes to tiie

o ^ . 1, -111 fit\ of Ciiaih.tlo.

the city of Charlotte, at the times and places proscribed by
law.

Sec. 4. That the authority herein given to collect ar-
rears of taxes shall cease and determine on the thirty-first h>Huaxo/torease
•day of December, one thousand eight hundred and seventy-
seven.

Sec. 5. That this act shall be in force from and after its
a:*atification.

Ratified the 23d day of February, A. D. 1877.



CHAPTER CXXI.

AN ACT INCREASING THE NUMBER OF TRUSTEES OF THE
UNIVERSITY.

Section 1. The General Assembly of North Carolina do
'enact, There shall be elected, hy joint ballot of the
General Assembly, eight trustees of the University, fi-'i^iu^lfoaho**
from points conveniently accessible to the seat of
government and of the University, in addition to the
aixty-four now authorized In- law, wlioso term shall com-
13



University.



194



1876-77— Chapter 121^122.



Vacancies.



raence with December first, one housand eight hundred
and seventy-seven. Two of said trustees shall hold office
for two years ; two for four yeai-s ; two for six years, ancJ
two for eight years ; and, at the expiration of their terras
of service, their places shall be filled, from time to time,
in like manner, for eight years, so that one-fourth shall be
elected every two years.

Sec. 2. Vacancies in the oflice of the trustees to be
elected under this act, shall be filled as prescribed in the-
" Act to provide for the election of trustees of the Uni-
versity," ratified twenty-eighth January, one thousand
eight hundred and seventy-four, and such trustees shall
have the same powers and duties.

Sec. 3. This act shall be in force from and after its rati-
fication.
. Ratified the 23d day of February, A. D. 1877.



CHAPTER CXXII.

AN ACT TO PREVENT LIVE STOCK FROM RWNNINa AT LARGE
WITHIN THE COUNTY OF MECKLENBURG, AND CERTAIN TOW]^-
SHIPS IN CABARRUS COUNTY.



Mecklenburff.



Penalty.



ShaU appoint a
registrar.



Section 1. Tlie General Assembly of North Carolina do
enact, That it shall be unlawful for any live stock to runs
at large within the county of Mecklenburg.

Sec 2. That any person who shall wilfully permit his^
or her live stock to run at large within the county of^
Mecklenburg, shall be deemed guilty of a misdemeanor,
and, upon conviction, shall be fined not exceeding fifty
dollars, and imprisoned not exceeding thirty daj's.

Sec. 3. The board of commissioners of Mecklenburg
county shall appoint, on the first Monday of April of each



1876-77— Chapter 122.

year, or at the first regular meeting thereafter, one regis
trar for each township in said county, whoso duty it shall
be to register all descriptions of live stock, taken up or
impounded, and shall receive tweuty-five cents for each
registration so made. Said registrar shall keep such reg-
ister open for inspection at all times, Sundays excepted.

Sec. 4. The commissioners of said county shall have M^y remove t »e
power to remove said registrar and to appoint his sue- '^«'^'^'"*^''
cessor.

Sec. 5. That it shall be lawful for anv person to take

. . " Live stock run-

up any live stock running at large in said county, and to mng at large.

impound the same in the township where said stock is thus

taken up : Provided, however, that the person taking up proviso.

the said stock shall file a description of said stock with

the register of the township, and each person so taking up

and impounding the said stock, may demand fift}'- cents

for each animal so taken up, and twenty-five cents per

head for each day that said stock is kept impounded, and

also the registration fee, and may retain the said stock

until all legal charges for impounding the same, and tor

lamages caused by said stock are paid.

Sec. 6. That if the owner of any live stock so impounded
refuse or neglect to redeem said stock within twenty days if not redeemed:
;it't(jr said description is filed with the register, then the
impounded [stock] shall, after ten days' written notice,
[losted in three or more public places in said township,
where said stock is impounded, describing the same, and
stating place, day and hour of sale, sell said stock at
public auction, and apply the proceeds to the payment of
all costs, charges and registration fees, provided for in
ihis act, and the balance he shall turn over to the owner,
if known, and if the owner be not known to the township
trustees of the township in which said stoclc is im-
pounded, for the benefit of the public schools therein.

Sec. 7. That upon the written application, under oath, of
any person, stating that he has suttered damages by reason diimnges!"". **''
of stock running at large, any justice of the peace in said
township, where the said stock is im[)Ounded, shtfll ap-



I



196



Misaj>iiioi>rirt-
Xioii ol money



187r)-'77— Ckapteu 122.

point three di.siutere.sted freeholders to estiiiuite said
(huiiages, which shall be paid by the ])erson claiming the
said stock, before it is delivered, and in case of sale, be
fore the owner shall be entitled to demand any part of the
proceeds of said sale. Any person who may suffer damage
by reason of said stock running at large therein, may re-
cover double the amount of damage sustained by an action
against the owner of said stock.

Sec 8. That any impounder wilfully misjipiiroiu-iatin
money that he may receive under this act, or in an}'
mamici- wilfully violating any of its provisions, shall 1)0
dcemetl guilty of a misdemeanor, and upon conviction
shall be lined not exceeding tifty dollars, and imprisoned
not exceeding thirty days.

Sec. 9. That any person unlawfully rescuing or releas-
ing any impounded stock, or attempting to do so, shal
be deemed guilty of a misdemeanor, and ui)on conviction
shall be lined not exceeding lifty dollars, and imi)ri.sone('
not exceeding thirty days.

Sec. 10. That the word stock in this act shall be con
strued to mean horses, nudes, jacks, jennets, colts, cows
calves, sheep, goats and all such cattle and swine.

Sec. 11. That chapter one hundred and ninety-three, o
the laws of one thousand eight hundred and seventy-tw(
and one thousand eight lumdred and seventy-three, i
hereby repealed in its application to said county.

Sec. 12 That Avhenever any justice of the peace in sail
A fence between f,(^,i,.tv' and auv two free holders resident therein, shal

Mecklenburg auu ^"^ " ./ ' >■' , , v i. j.u •4.'

Union. certify to the board of county commissioners that tneciti

zens of said county of Mecklenburg have built a good an(
sufficient fence along the line dividing the counties c
Mecklenburg and Union, and the counties of Mecklenbur;
and Iredell, with gates upon all the public highwa}^
leading into the said county of [Mecklenburg from sai
counties of Union and Iredell, then, and in that case, th
said board of county commissioners shall give publl
notice, by advertising in three public places in each towt
ship in said county, of the establishment of said fenc



lie leasing ini-
ixmnded stock.



Htock.



I



Repealed.



1876 -'77— Chapter 122. 197

aud from and after tea days from the date of such pub-
lication, the provisions of this act shall go into operation
and take effect.

Sec. 13. That any person who shall wilfully impair or
destroy any fence or gate, on the line of fence provided Penalty,
for in this act, shall be deemed guilty of a misdemeanor,
and upon conviction, shall be fined not more than lifty
dollars, and imprisoned not exceeding thirty days.

Sec. 14. That any citizen or citizens of the county of



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