When to be conveyed to pur sold as aforesaid, shall not be redeemed within the time specifled, the collector or his successor, under the direction of the chaser. mayor of the town, shall convey the same to the purchaser, or to his assigns in fee. In the event the town is the purchaser, the collector, or his successor, shall convey to the corporation of When town is purchaser. Columbia, and the recitals in such conveyance or in any other conveyance, made by any tax collector of said town, shall be prima facie evidence of the truth of the same and can not be attacked, except on the ground that the taxes were not due and unpaid at the date of sale. SEC. 41. That in addition to the tax on real and personal prop- Commissioners erty herein before provided for, the commissioners shall have shall have power to levy certain power to levy and collect a specific or license tax on the fol- special taxes. lowing subjects, trades, callings, professions or occupations, to-wit, merchants, peddlers, oculists, vendors of any articles whatever, hotels, restaurants, circuses, shows, plays, theatricals or exhibitions of any kind in the town or within one mile of Special taxes. the corporate limits of the same, concerts, strolling musicians, auctioneers, conveyances, lawyers, doctors, photographers (resident or itinerant), brokers, soliciting agents, telegraph and telephone companies, sawmills, agents of all kinds, including sewing machine, lightning-rod and insurance agents, dentists, dealers in fresh meats, fish, etc., fertilizer agents, ice cream and other saloons, draymen, livery stables, and those keeping horses for hire, dealers in millinery goods, coach-makers and repair shops. SEC. 42. The commissioners may pass ordinances, rules and Power of com regulations regulating the amount of taxes to be paid upon any ordinances, fix missioners to pass of the foregoing subjects of taxation and the manner of paying tax rate, etc. the same, and the time of paying the same. Any person exercising any of the professions, trades, callings or occupations named in the preceding section, without first having obtained license tax. a license therefor, shall be guilty of a misdemeanor, and upon Failure to pay conviction before the mayor, shall be fined five dollars for each day he shall exercise such trade, calling or occupation, and the cost of the prosecution. SEC. 43. The commissioners may place a tax on dogs and Tax on dogs. enforce the collection of same with sufficient penalty for nonpayment of same, and may, if the tax be not paid, have the dogs killed. SEC. 44. The clerk of the board of commissioners herewith Clerk shall keep provided for, shall attend at all meetings of the board, and be record of meetings. the clerk thereof; he shall keep a correct minute of the proceedings of the board and perform any and all other duties herein involved upon him. Laws heretofore constituting charter of Columbia repealed. SEC. 45. That this act shall be in force from and after its ratification: Provided, that all laws heretofore constituting the charter of The Town of Columbia, and affecting the government thereof, are continued in full force, unless in direct conflict with the provisions of this act. Ratified the 28th day of February, A. D. 1899. Body corporate. Corporate name. ers. Term of office of present mayor and aldermen continued. Corporate limits. Division of wards. Boundaries of CHAPTER 148. An act to amend the charter of the town of Gastonia, North Carolina. The General Assembly of North Carolina do enact: SECTION 1. That the inhabitants of the town of Gastonia, in the county of Gaston, shall be and continue as they have been, a body corporate under the name and style of the town of Gastonia, and they shall have full power to make all by-laws, rules, regulations and ordinances for the benefit and good governmetn of said town, not inconsistent with the constitution of the state of North Carolina or the United States, to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase and to hold and convey real and personal estate. And they are hereby invested with all the powers and rights necessary or belonging to or usually appertaining to municipal corporations. SEC. 2. That J. Lee Robinson, mayor; George A. Gray, J. D. Moore, Edgar Love, Thomas W. Wilson and A. C. Williamson, heretofore styled commissioners, elected on the first Monday of May, eighteen hundred and ninety-eight, shall continue to hold their office until an election shall be held as hereinafter provided for, and shall constitute the mayor and board of aldermen respectively. SEC. 3. That the corporate limits of the town of Gastonia shall be as follows, to-wit: Beginning at a stone one-half mile due north of the crossing of the Southern and Narrow Gauge Railroads in the present town of Gastonia, running thence due east one mile to a stone; thence due south one mile to a stone; thence due west two miles to a stone; thence due north one mile to a stone; thence due east one mile to the beginning. SEC. 4. That the said town shall be divided into five (5) wards to be known as follows, to-wit: That portion of the town bounded on the north by the line of the corporate limits, on the east by the line of the corporate limits, on the south by the Southern Railroad, and on the west by Marrietta street and the extension of Marrietta street to the corporate limits, shall be known as ward number one. That portion bounded on the north by the line of the corporate limits, on the east by Marrietta street and the ex- Ward No. 2. tension of Marietta street to the line of the corporate limits, on the south by the Southern Railroad, and on the west by the line of the corporate limits, shall be known as ward number two. That portion bounded on the north by the Southern Railroad, Ward No. 3. on the west by York street and the extension of York street to the corporate limits, on the south by the line of the corporate limits, and on the west by the line of the corporate limits shall be known as ward number three. That portion bounded on the north by the Southern Railroad, on the east by Oakland avenue Ward No. 4. and the extension of Oakland avenue to the corporate limits, on the south by the line of the corporate limits, and on the west by York street and the extension of York street to the line of the corporate limits shall be known as ward number four. That portion bounded on the north by the Southern Railroad, on the east by the line of the corporate limits, on the south by the line of the corporate limits, and on the west by Oakland avenue and the Ward No. 5. extension of Oakland avenue to the line of the corporate limits shall be known as ward number five. SEC. 5. That on the first Monday in May, eighteen hundred Annual election for mayor and and ninety-nine, and annually thereafter, there shall be an elec- aldermen. tion held as hereinafter provided for a mayor and five (5) aldermen, one alderman so elected to reside in each ward. notice shall be given. SEC. 6. That it shall be the duty of the board of aldermen to Aldermen shall declare at what place or places elections shall be held in said give notice of election places. town; and they shall give due notice of the establishment of said voting place or places by publication in some newspaper published in said town for four weeks before the election or by posting such notices at three or more public places in said town. The said board of aldermen shall at their first regular meeting in Registration March, eighteen hundred and ninety-nine, and annually thereafter, appoint a registrar for said election and shall give notice of registration by causing publication to be made at three public places in said town of Gastonia, giving in said notice the name of said registrar and the place of registration. The aldermen shall furnish such registrar with registration books, and it shall be the duty of the registrar appointed by the year eighteen hun- Duties of regisdred and ninety-nine and thereafter for four consecutive Satur. trar. days next preceding the election, between the hours of seven Days for regis a. m. and seven p. m., to open the registration books at such tration. place or places as has been advertised as aforesaid, and to regis ter therein the names of all persons applying for registration and entitled to register and vote, keeping the names of the white voters separate and apart from those of the colored voters. Any person offering to register shall be required to take an oath that Persons offering to register shall he is a citizen cf North Carolina and has resided in the county take oath. Persons falsely registering. Penalty. Proviso. tration. ninety days and in the town of Gastonia thirty days, and if any person shall willfully swear falsely he shall be deemed guilty of a misdemeanor, and on conviction be sentenced to pay a fine of fifty dollars or imprisoned for thirty days in the county jail: Provided, however, that after the first registration shall have been made a new registration shall not be made annually, but such registration books may be revised so as to show an active list of Registration after electors previously registered and still residing in said town withfirst new regis. out requiring said electors to be registered anew. And such registration books shall on the fourth Saturday before the first Monday in May, eighteen hundred and ninety-nine, and annually thereafter, be opened for the registration of any elector entitled to registration whose names have never before been registered in said books or do not appear in the revised list: Provided, however, that the board of aldermen may at any time order a new registration. The said registrar and the two judges appointed as above set forth shall compose the judges or inspectors of election to open the polls, receive and deposit the ballots in the boxes provided for that purpose, and to superintend and have control of the voting. Proviso. Board of aldermen may order new registration. Registration books, when closed. SEC. 7. That the registration books shall be closed on the Saturday before the first Monday in May in each year at the hour of seven o'clock p. m., and after the same are closed no person shall be allowed to register, but the registrar shall on application before said books are closed register all persons not then qualified to vote who will become so qualified on or before the day of election. Immediately after said books are closed, they shall be Citizens may inspect registration deposited in the office of the secretary of the board of aldermen, and citizens desiring to do so may inspect them. The secretary shall write in each of the said books the exact time they are deposited with him and the same shall not be taken from his office books. Registrars failing until the day of election. Any registrar failing to deposit his reg to deposit book with secretary. When polls shall be opened. Ballots. Aldermen and mayor on one ballot. Result of election, how certified. istration book with the said secretary at the time prescribed shall receive no compensation for making said registration. SEC. 8. The polls shall be opened on the day of election from seven o'clock in the morning until sunset of the same day. No person whose name has not been duly registered shall be allowed to vote, and anyone offering to vote may be challenged at the polls, and if the judges of election shall sustain the challenge, such person's ballot shall not be received. Ballots shall be on white paper and without device. The aldermen and mayor shall be voted for on one ballot, and every qualified elector shall be allowed to vote for all five aldermen. SEC. 9. After the ballots are counted they shall be carefully preserved, and shall be, together with the poll list, which shall be signed by the judges of election, and the registration books, delivered to the secretary of the board of aldermen for preservation. SEC. 10. If among the persons voted for for mayor and alder- Elections resultmen there should be any two or more having an equal number ing in a tie vote. of votes the judges of election shall decide the election between such persons. As soon as the result of the election shall be determined two certificates thereof shall be made under the hands Certificates of result. of the judges of election, setting forth in writing the number of votes each candidate received, one of which shall be delivered to the chief of police, who shall at once make proclamation thereof at the door of the town hall, and the other shall be delivered to the secretary of the board of aldermen for preservation. The board of aldermen shall fill all vacancies occurring in their board Vacancies occurring. or in the office of the mayor, by death, resignation or otherwise. SEC. 11. That on the second day after the election the mayor When officers shall qualify. and board of aldermen so elected shall meet at the town hall or some other place by them appointed, and shall there and then take an oath to support the constitution and laws of the United States and the constitution and laws of North Carolina, and to Shall take oath. discharge the duties imposed upon them by virtue of their office as mayor and aldermen with fidelity and integrity and to the best of their ability, which oath shall be administered by a justice of the peace or by the former mayor. mayor. SEC. 12. The mayor of the said town of Gastonia while acting Jurisdiction of as such is hereby constituted an official court with all the juris diction and power in criminal offenses occurring within the limits of said town which now or may hereafter be given by law to jus tices of the peace, and shall have exclusive jurisdiction to hear and determine all misdemeanors consisting of all the violations of the ordinances of the said town. The proceedings in said court shall be the same as now or hereafter shall be prescribed for courts of justice of the peace, and in all cases there shall be the right of appeal, and in all cases where a defendant may be ad- Right of appeal. judged to be imprisoned by the said mayor it shall be competent for him to adjudge also that such person work during the period Certain persons may be worked of his confinement on the public streets or other public works of on public roads. said town of Gastonia. To whom mayor may issue precepts. record of official SEC. 13. That the mayor may issue his precepts to the policemen of the town and to such other officers to whom a justice of the peace may direct his precepts. SEC. 14. That the mayor shall keep a faithful minute of all the Mayor shall keep precepts issued by him and all of his judicial proceedings. The judgments rendered by him shall have all the force, virtue and validity of judgments rendered by a justice of the peace, and may be executed and enforced against the parties in the same acts. |