violated, or at the discretion of the mayor or court trying the same such offender may be imprisoned not more than thirty days in the common jail of the county, or fined not exceeding fifty dollars.

If the accused be dissatisfied with the judgment of the mayor Defendant may or court he may appeal to the proper court, in like manner as appeal. prescribed for appeals from judgments of a justice of the peace.

The fee of the mayor shall be as follows: For every warrant Fees of mayor. issued by him for the recovery of any penalty, or for other cause of action, fifty cents; for every judgment rendered thereon, one dollar, to be taxed among the costs on submission or conviction of the offender; for the use of town seal for other than town purposes, fifty cents; for every certificate for other than town purposes, twenty-five cents; for all other purposes the same fees as are allowed to justices of the peace.

Sec. 20. That the mayor shall keep faithful minutes of the pre- Mayor shall keep record of precepts cepts issued by him, and of all judicial proceedings; the judg- issued. ments 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 county of Burke and elsewhere, in the same manner and by the same means as if the same had been rendered by a justice of the peace of Burke county.

Sec. 21. That the mayor shall keep his office in some convenient Duties of mayor. part of the town. He shall perform all the duties as shall from time to time be prescribed, and, when present, shall preside at Shall preside at meetings. all meetings of the board of commissioners, and shall have the deciding vote in case of a tie, but he shall vote in no other case. If he shall be absent the board may appoint one of their number to exercise the duties of the mayor to act during his ab

sence.

Sec. 22. That the mayor and commissioners shall, at their first regular meeting, appoint a secretary and treasurer, who may be one of their number, a marshal, and any other officers they may think necessary, who shall receive such compensation for their services as the board may determine.

Mayor and commissioners shall appoint secretary and

treasurer.

ers shall meet.

Dec. 23. That within five days after their election the board of When commissioncommissioners shall convene for the transaction of business, and shall ten fix state days of meeting for the year. A special meeting may be called by the mayor or a majority of the commissioners whenever it seems advisable, and the board may fix a fine or penalty for the non-attendance of any member thereof, and such fine or penalty shall be recovered as other fines and penalties for breaches of the town ordinances.

make ordinances.

Sec. 24. That the board when convened shall have power to Power of board to make and provide for the execution of such ordinances, by-laws and regulations for the better government of the town as they

Proviso.

Constable shall be tax collector.

Constable empowered to serve

papers.

Arrests.

Erection of calaboose.

Sale of spirituous liquors unlawful.

Taxes.

deem necessary: Provided, the same be allowed by the provisions of this act, and be consistent with the laws of the state.

Sec. 25. That by virtue of his office the town constable or marshal shall be tax collector, unless the board shall order otherwise, in which event they shall appoint some person to such office. The town tax collector shall have the same powers, and be subject to the same penalties, in collecting the town taxes as sheriffs or tax collectors have in the collection of state and county taxes.

Sec. 26. The town constable or marshal is empowered to serve papers and make arrests within the town limits of Hildebran. It shall be his duty to preserve the peace and good order of the town, and to do so he shall have power to make arrests without warrant or other process of all disorderly persons or any person or persons violating any by-laws, ordinances or regulations of the town or attempting to escape; and, if within the hours of seven A. M. and nine P. M., take such unruly person or persons forthwith before the mayor to answer for such violations and disorderly conduct; but if such arrest be made at any other time than that above mentioned, then the person or persons so arrested shall be taken to the lock-up or jail and be safely kept until such hour on the following day at the earliest moment as the mayor may set for the hearing. Any person who may be so intoxicated as to be incapacitated, shall be locked up and safely held until they have become duly sober or in proper condition for trial. The town marshal shall do any other duties that may we prescribed by the board, who shall fix the compensation for such service.

Sec. 27. That the board of commissioners shall appropriate the necessary amount of funds from the town treasury to purchase or lease a site and erect thereon a building to be used as a calaboose or lock-up, in which persons who violate the ordinances or regulations of the town may be confined while awaiting trial' or be imprisoned during the serving of any sentence of imprisonment which may be imposed upon them by the mayor.

Sec. 28. That it shall be unlawful for any person or persons to sell any spirituous, vinous or malt liquors within said town, and that the board of commissioners shall have no power to grant license to any person or persons to sell vinous or malt liquors within the corporate limits of said town. And that any person violating this section shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, at the discretion of the court.

Sec. 29. That in order to raise a fund for the expenses incident to the government of said town, the commissioners may annually levy and collect the following taxes, viz: (1) On real and personal property, moneys, credits, investments, et cetera, which

the owner is required to list for state and county taxes in the

town, a tax not exceeding twenty cents on every hundred dollars Maximum ad vaworth of property and not exceeding sixty cents on each taxable lorem and poll tax. poll.

Sec. 30. That if any person liable for taxes on subjects deter- Persons failing to mined to be liable [taxable], shall fail to pay them within the pay taxes when due time prescribed for collection, the collector shall proceed forthwith to collect the same by distress and sale, after public advertisement in three public places for ten days if the property is personalty, and if real estate for twenty days; and when the tax due on any lot or other lands which is hereby declared a lien on Liens. the same shall remain unpaid on the first day of January, and there is no other. property visible but such lot or land of the person in whose name listed, liable to distress and sale, known to the collector, he shall report the fact to the board, with a description of the real estate, and thereupon the board shall direct the same to be sold upon the premises, by the collector, after advertising as above, when the collector shall divide the said lands into as many parts as may be convenient (for which purpose he may employ a surveyor), and shall sell as many thereof as may be required to pay all the taxes and expenses attendant thereon. If the same cannot be conveniently divided, the collector shall sell the whole, and if no person will pay the whole of the taxes and expenses for the whole land, the same shall be struck off to the town, and if not redeemed as hereinafter proved shall belong to the town in fee.

Sec. 31. That the board may require and compel the removal Removal of nuiof all nuisances within the town at the expense of the person sances. causing the same, or the owner or the tenant of the grounds on which the same may be; the [board] may also prevent the establishment within the town, and may regulate the same, if allowed to be established, any slaughter-house or place, or for the exercise within the town of any offensive or unhealthy trade, business or employment.

streets.

Sec. 32. That the board of commissioners of the town of Hilde- Commissioners may open and repair bran shall have power, whenever they deem it necessary or to the interest of the town, to lay out or open new streets, or to widen, enlaige, change, extend or discontinue any street or streets, or any part thereof, within the corporate limits of said town; and shall have full power and authority to condemn, appropriate or use any land or lands necessary for the purpose named in this section upon making reasonable compensation to the owners or owner thereof; and in case the owner or owners and the commissioners cannot agree as to the damages, then the matter shall be referred to arbitration, each party choosing one who shall be a freeholder and citizen of said town. But if the owner or owners Condemnation of of the land shall refuse to choose such arbitrator within two days after notice, then the board shall select one in his stead for him;

land.

and in case the two chosen aforesaid cannot agree, they shall select an umpire within two days after their appointment, and if they cannot agree on the third man within said time then the board may also appoint the third man. It shall be the duty of the arbitrators aforesaid to meet on the premises or land to be condemned, and assess the damages that the owner or owners may sustain by reason of such condemnation, deducting, however, from the same the estimated value of the improvement that may accrue to the premises by the opening or improvement of the street or the changing or discontinuing of the same. The Owner of land shall owner or owners shall have at least ten days' notice of the conhave notice. demnation, for the purpose of appointing his arbitrator, said notice to be served by the town marshal or any other person authorized to serve notices. In case the arbitrators, after the selection of the third man aforesaid, cannot agree as to the damages then the opinion of any two shall prevail and be returned as the award of the arbitration. The arbitrators shall return a report of their valuation to the board of commissioners, who may confirm the same, and after the confirmation of the same shall cause the same to be entered on their minute book; and the said report so confirmed shall be in all respects the same as a judgment against said town; and said confirmation shall be a complete perfect appropriation of said land or lands for said purposes: Provided, however, that the owner or owners, is dissatisfied with the report of the arbitrators, may, if the same bɛ confirmed, appeal to the next term of the superior court of the county, where the same may be heard anew as to the amount of damages sustained; but the said appeal shall not have the effect of staying the proceedings for making the desired improvement; and all damages agreed on by the commissioners or awarded by the arbitrators shall be paid as other liabilities of the town by taxation.

Proviso.

Appeal may be taken from assess

ment of arbitrators.

Officers entrusted

with funds of town

Sec. 33. That all officers who may be intrusted with the funds may be required to of the town shall be required to give bond in such sum as the give bond.

Penalties recover

able in name of town.

Certain persons

board may require.

Sec. 34. That all penalties imposed relating to the town, or by this act, by any ordinance of the town, unless otherwise provided, shall be recoverable in the name of the town of Hildebran before the mayor, or any tribunal having jurisdiction thereof.

Sec. 35. That every male person residing in the town of Hildeliable to road duty. bran, over eighteen and not over forty-five years of age, who is subject to road duty under the laws of the state, and not exempted by physical disability or otherwise, shall be required to work on the public streets of the town as many days in each year and under such regulations as the board of commissioners may designate, not inconsistent with the state laws: Provided, however, that every such person may be exempted from public street

duty for the current municipal year upon the payment of seventy-five cents per day.

Sec. 36. That the said town of Hildebran shall have the benefit Certain rights and restrictions. of and be subject to all the provisions of law now existing in reference to incorporated towns not inconsistent with this act, and of such laws as may hereafter be enacted for the government of towns and cities.

Sec. 37. That this act shall be in force from and after its ratification.

Ratified the 4th day of March, A. D. 1899.

CHAPTER 213.

An act to amend the charter of the city of Wilmington.

The General Assembly of North Carolina do enact:

Section 1. That an act entitled "An act to amend the charter of Certain acts relating to charter of Wilthe city of Wilmington," ratified the ninth day of March, A. D. mington repealed. eighteen hundred and ninety-five, and also an act entitled "An act to amend the charter of the city of Wilmington,” ratified the fifth day of March, A. D. eighteen hundred and ninety-seven, be and they are hereby repealed, and all laws and clauses of laws concerning the city of Wilmington existing at the time of the ratification of the act of March ninth, eighteen hundred and ninety-five, are hereby declared to be in full force and effect, except so far as they are amended by this act.

men.

Sec. 2. That the election of aldermen shall be held according to Election of alderthe charter of the city of Wilmington and the acts amendatory thereto, except that the registration books may be open for only ten days previous to the election.

of mayor.

Sec. 3. No member of the board of aldermen shall be eligible Aldermen shall not to the office of mayor or other city office or employment, until be eligible to office the expiration of the term for which such aldermen may have been elected or appointed.

Sec. 4. The mayor of the city shall receive a salary in lieu of Compensation of any and all other compensation, to be fixed by the board of audit mayor.

and finance, of not less than twelve hundred dollars nor more

than two thousand dollars per annum, which salary shall not be

diminished during his term of office.

Sec. 5. No person arrested by the city police for a violation of Certain defendants shall be fined only the laws of North Carolina or the ordinances of the city shall by mayor. be brought before any other person than the mayor for trial or submission, except upon the usual affidavit for removal now provided by law.