Proviso. Either party may appeal. Appointment of tax ises by the opening or improvement of the streets. The owner or owners of the land shall first have at least five days' notice of the time and place of meeting of the jurors; said notice to be served by the town constable, or any other person authorized by law to serve notices. The jury shall return a report of their proceedings to the board of town commissioners, who may confirm the same, and after paying or tendering to the owner the amount of damages assessed may subject the land condemned for the desired purpose: Provided, however, that if the owner of the land or the commissioners be dissatisfied with the valuation thus made, then in that case either party may appeal to the next superior court. Sec. 6. That the board of commissioners of said town shall have power annually to appoint a tax collector, and to impose and levy a tax upon all real and personal property within the corporate limits of said town, and also upon all moneys on hand, solvent credits, and upon all polls, and all other subjects of taxation taxed by the general assembly for public purposes, not to exceed twenty cents on the one hundred dollars worth of property, and sixty cents on the pon; and the tax list made out by them or under their supervision and placed in the hands of the tax colTax list shall have lector, shall have the force and effect of a judgment and execution for the taxes so assessed and appearing in such lists respectively. force and effect of judgment. Power of tax collector in collection of taxes. Taxes may be levied on special subjects. Special subjects of taxation. Sec. 7. That in the collection of taxes for the said town the tax collector shall have all the powers and authorities, and may use the same methods as is provided by law for sheriffs, both in collecting the taxes and in conveying title of property to purchaser sold for taxes: Provided, that any lands sold for taxes shall be sold on the premises. Sec. 8. That in addition to the subjects listed for taxation the commissioners may levy a tax on the following subjects, the amount of which tax when fixed shall be collected by the town marshal; and if the same be not paid on demand, the same may be recovered by distress and levy on the articles upon which the tax is imposed, or any other property of the owner may be levied on and sold to satisfy the same, namely, upon all itinerant merchants or peadlers vending or offering to vend in the town, a tax not more than ten dollars a year except such only as sell books, charts or maps; upon each show or exhibition of any kind, on each sleight-of-hand performance, and on every traveling musician, a tax not exceeding ten dollars; on every daguerrean or other artist taking likenesses or enlarging those already taken, or soliciting orders for the same, of the human face, by whatever process, a tax not exceeding ten dollars; on every person who, as principal or agent, shall seli, outside his regular place of business, soda water. milk shakes, lemonade, candy, ice-cream, oranges, cakes or meals, from any stand, a tax not exceeding tive dollars; on every trade, calling or occupation or business, not herein named and taxed, and which are now taxable under the state law, or may hereafter be made subject to taxation by the legislature from time to time, a tax not exceeding ten dollars. Sec. 9. That it shall be unlawful for any person or persons or Unlawful to sell liquor, etc., within corporation to buy and sell, or deal in, or retail at their place of corporate limits. business, or anywhere else within the corporate limits of said town, the following articles, to-wit: ale, beer lager or porter, cider, bitters, except such bitters as possess genuine medicinal properties. houses of ill-fame. Sec. 10. That it shall be unlawful for any person or persons to Unlawful to keep keep or be connected with any house of ill-fame within the corporate limits of the town. Any person violating section nine or ten, or any part thereof, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not more than twenty-five dollars for each offence. Sec. 11. That the portion of section six of the charter of the Section 6 repealed. town of Siler City, as to levying taxes, be and the same is hereby repealed. sances. Sec. 12. The commissioners shall have power to abate all nuis- Abatement of nuiances within the corporate limits of said town, at the expense of the person causing the same, or the owner or tenants, or corporation, of the ground wherever the same shall be, and any person or persons or corporation failing to abate such nuisance, after receiving ten days' notice, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars. Sec. 13. The commissioners shall have power to remove at the Removal of property endangering expense of the owner of the property, or remedy, and defective other property. flues, pipes or other places where fire is used endangering other property, upon complaint of any person, or where they, the said commissioners, see the necessity of such a change. Sec. 14. That the cemetery for the burial of white people shall Cemeteries. be known by the name of Oak Hill Cemetery. No colored person shall be buried within the above-named cemetery. No colored person or any one else shall be buried inside the limits of the town corporation outside the cemetery. Any person or persons violating either clauses of this section shall be guilty of a misdemeanor, and upon conviction shall be fined one hundred dollars. Sec. 15. That the town commissioners may move any dead Commissioners body burieu within the town, outside of the cemetery, to a point bodies. which they may think more suitable. may remove dead Sec. 16. That the commissioners shall have power to condemn Buildings subject buildings subject to fire, etc., and prevent the building of any condemned. to fires may be house which might prove to be a nuisance. Sec. 17. That the mayor shall have power to commit any per son convicted of violation of any town ordinance to the county or Persons may be committed to jail or worked on fine. town jail until the fine and cost imposed by him, and jail fees, are paid; and in all cases where a defendant is adjudged to be streets in default of imprisoned by the said mayor, it shall be competent for him to adjudge also that the said defendant work during the period of his confinement on the public streets of the town or public roads of the county. Said territory constitutes school district. Fines for violation of ordinances, how applied. Sec. 18. That all the territory embraced within the limits of the town of Siler City as amended by this act constitute a public school district for the white race, to be known as Siler City school district. Sec. 19. That all fines collected for the violation of any town ordinance shall go into the town treasury for the benefit of the town. Sec. 20. That this act shall be in force from and after its ratification. Ratified the 2d day of March, A. D. 1899. Amended and reenacted. Corporators. Body corporate. CHAPTER 209. An act supplement to and to amend and re-enact section one of an act entitled "An act to incorporate the North and South Carolina Railroad Company," ratified on the twenty-second day of February, eighteen hundred and ninety-nine. The General Assembly of North Carolina do enact: Section 1. That section one of an act entitled "An act to incorporate the North and South Carolina Railroad Company," ratified on the twenty-second day of February, eighteen hundred and ninety-nine, be amended and re-enacted so as to read as follows: Section 1. That Henry S. Haines, Afred P. Thorn, Jhon S. Cunningham, James A. Lockhart, John N. Vaughan, W. B. Hatcher, Richard B. Tunstall, F. W. Tatem, W. H. Stirling, James A. Leak, W. C. Hardison, John D. Leak, J. A. Long, and John C. Drewry, and such other persons as are now or may hereafter be associated with them, are hereby created and declared to be a body politic and corporate, under the name and style of the North and South Carolina Railroad Company, and in that name may sue and be sued, plead and be impleaded, shall have power to adopt a common seal and to change the same at will, and shall be capable of taking by purchase, gift or in any other way real or personal property, and of holding, leasing, conveying or in any other manner dealing with the same; and the said corporation shall also have and enjoy all the rights, privileges and immunities which corporate bodies may lawfully exercise or enjoy, and may make ordinances, by-laws and regulations, consistent with the laws of this state and of the laws of the United States for the government of all under its authority, for the management of its estates and for the due and orderly conduct of its affairs, and shall also be subject to all the general restrictions imposed by the laws of this state upon railroad companies. It may build branch roads not exceeding fifty miles in length from any points on its main line, and for this purpose shall have all the powers, privileges and rights contained in this act, which are hereby made to apply to such branch roads as well as to the main line. Sec. 2. That this act shall be in force from and after its ratification. Ratified the 2d day of March, A. D. 1899. CHAPTER 210. An act to amend the charter of the town of Cary, Wake county, North Carolina. The General Assembly of North Carolina do enact: Section 1. That the persons residing within the corporate Body corporate. limits of the town of Cary, Wake county, North Carolina, which are particularly set forth in section two of this act, shall be and continue as they have been, a body corporate under the name and style of the town of Cary, and shall have power to purchase Corporate name. Corporate powers. and hold real estate for the benefit of the town, to sue and be sued, to plead and be impleaded as any other corporation, and shall also have the rights of and be subject to the general laws of the state in relation to corporations of like kind not inconsistent with this act. Sec. 2. The corporate limits of said town shall be as follows: Corporate limits. Beginning at a stake fifteen feet north of the North Carolina Railroad in the western line of Hillsboro street, running south eighty-six and one-half degrees, and parallel with the North Carolina Railroad eleven hundred and fifty feet to a stake, thence north ten hundred and fifty feet to a stake, thence south eightyfour degrees east two hundred and fifty feet to a stake, thence south eleven hundred feet to a stake, thence west six hundred and eighty-seven feet to a stake, thence south two and one-half degrees west twenty-six hundred and seventy-five feet to a stake, thence north seventy-eight and one-half degrees west sixteen hundred and thirty feet to a stake, thence north thirteen and one-half degrees west thirty-one hundred and fifty feet to the beginning point. Officers. Mayor and commissioners, how elected Sec. 3. That the officers of said corporation shall consist of a mayor, five commissioners and a town marshal and such assistant marshals as the board of commissioners may deem proper to appoint. The mayor and commissioners shall be elected by the qualified voters of the town, and the marshal and his assistants by the board of commissioners, with such compensation and period of service as said commissioners may determine, but said period of service shall not extend beyond the term of office of Marshal shall give said commissioners. The said marshal shall, upon entering on his duties as such, enter into a bond which shall be approved by said commissioners, with good security, payable to the town of Cary, in an amount to be fixed by said commissioners, conditioned for the faithful performance of his duties as town marshal. bond. Persons entitled to vote in said elections. When mayor shall take oath of office. Oath of commissioners. Commissioners empowered to levy special tax. Empowered to improve streets. Sec. 4. That such persons as are qualified voters of this state within the said corporate limits of the town of Cary as set forth in section two of this act, who have resided in said county of Wake for ninety days and in said corporate limits for thirty days prceding any election held in said town, shall be entitled to vote at said election. Sec. 5. That it shall be the duty of the mayor of said town to take the oath of office required by section three thousand seven hundred and ninety-eight of The Code of North Carolina, and enter upon the duties of his office within five days after his election; and the said commissioners elected for said town at any election shall meet and organize within five days next after their election, and they shall take the oath of office before some person qualified to administer oaths that they will faithfully and impartially perform their duties as commissioners to the best of their knowledge and ability during their term of office. Sec. 6. That the commissioners of said town shall have power to levy a tax for the purposes of said town each year, not to exceed one dollar on the poll and thirty-three and one-third cents on the one hundred dollars valuation of real and personal property within the limits of the said town of Cary, said valuation to be the same as that placed upon said property to raise revenue for state and county purposes, and all taxes allowed by this act shall be levied according to article five, sections one and three of the constitution of the state. Sec. 7. That the board of commissioners of the said town of Cary shall have power to grade, macadamize or pave the streets and sidewalks of said town, and to lay out streets, change and open new streets or widen those already opened, and to make such improvements thereon as the public convenience may require, and the said board shall be the judges of the improvements required. The said board may condemn any land for the public use for said town under the same rules and regulations as |