malt liquors, wines or cider within the limits of said corporation, and may permit the same to be sold by persons of good moral character, resident therein; shall prescribe the rules and regulations under which the same may be sold; shall prescribe the amount of the license tax therefor and when the same shall be License tax. due and payable, and shall have full power and authority to revoke and annul any license by them granted at any time, with

out refunding any part of the license tax.

Sec. 46. That it shall be the duty of the town clerk and treas- Ordinances shall be posted for five urer to post all ordinances adopted by the board of commission- days. ers at the mayor's office and four other public places in said town for five (5) days, and all ordinances shall go into effect from and after the expiration of five days from the time they have been posted.

[Sec.] 47. That all laws heretofore passed for the government or Conflicting laws repealed regulation of the town of Manly in conflict with this act be and the same are hereby repealed.

Sec. 48. That this act shall be in force from and after its ratification.

Ratified the 6th day of March, A. D. 1899.

CHAPTER 261.

An act to enable the town of Salem to establish a workhouse.

The General Assembly of North Carolina do enact :

Mayor and commissioners of

Salem authorized

to establish work

house.

Section 1. That the mayor and commissioners of the town of Salem, in Forsyth county, are authorized and empowered, either alone or in conjunction with the authority of the city of Winston, to purchase and provide a farm and to establish thereon a workhouse for the detention and employment of criminal classes. Sec. 2. That all persons duly convicted of crimes, violations of Persons who may town ordinances and other violations of law by the mayor or other officers within the town of Salem having jurisdiction thereof, may be sentenced by such mayor or other such officer for a term in said workhouse and on said farm, and all such persons thus sentenced may be required to work during the terin fixed by such sentence.

be sent to said work house

Costs incident thereto borne by

Sec. 2 [3]. That the cost of providing such farm and the establishing a workhouse thereon, as well as the maintenance thereof, Salem. may be borne by the town of Salem and the city of Winston in the proportion to be agreed upon by the authorities of the two respective towns, as either or both may provide and maintain a

separate farm or workhouse for the purposes herein explained in the discretion of the authorities of the respective corporations, and in either event the provisions of this act shall be applicable. Sec. 4. That this act shall be in force from and after its ratification.

Ratified the 6th day of March, A. D. 1899.

Corporate name.

CHAPTER 262.

An act to amend the charter of the town of Clayton.

The General Assembly of North Carolina do enact:

Section 1. That the inhabitants of the town of Clayton shall be and continue as they heretofore have been, a body politic and corporate, and henceforth the corporation shall bear the name and style of the "Town of Clayton," and under such name and style is hereby invested with all property and rights of property which now belong to the corporation under any other corporate name or names heretofore used, and by this name may acquire Corporate powers. and hold for the purpose of its government and welfare and improvement, all such estate as may be devised, bequeathed or conveyed to it, not exceeding in value three hundred thousand dollars and shall have right to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase and to hold and convey real or personal property.

Corporate limits.

west

Sec. 2. That the corporate limits of the said town of Clayton, in the county of Johnston, shall be as follows: Beginning at a stake in the old corporation line two hundred and ten feet southeast from O'Neill street, runs a line parallel with said street north forty-five degrees east eleven chains to a stake; thence north forty-five degrees west four hundred and seventy-six feet to a stake; thence east forty-five degrees eleven chains to a stake in the old corporation line; thence north forty-five degrees west eleven chains to a stake in said line; thence nineteen and twenty-two one-hundredths chains to a post oak on the south side of Raleigh road; thence south forty-five degrees west four and forty-four one-hundredths chains to N. C. R. R.; thence with said railroad south forty-five degrees east six and ninety-six one-hundredths chains to a stake in the old corporation line; thence forty-five degrees west to a stake on the lands of J. T. Ellington; thence south forty-five degrees east eighty-two chains to a stake on the lands of Harry Durham; thence north forty-five degrees east thirty-seven chains to a stake on the lands of J. D. Dodd; thence

forty-five degrees west to the beginning. That A. J. Farmer, Commissioners Charles W. Horne and D. L. Barbour are hereby constituted and appointed. appointed a board of commissioners for said town, and E. L. Hin- Mayor. ton is hereby constituted and appointed mayor of said town,

upon their taking the oaths of office required by this act, and

they shall have full power to execute the by-laws and ordinances Powers of said of said town until their successors shall be elected at the next appointees. general election for town officers under the provisions of this

act.

Sec. 3. There shall be annually on the first Monday in May of Annual election. each year be elected three commissioners for said town, who shall hold their offices until their successors are qualified.

Appointment of

Sec. 4. The board of commissioners of Johnston county shall appoint at or before their meeting in March, one thou- registrar. sand eight hundred and ninety-nine and annually thereafter a registrar of voters of said town. Said registrar shall give ten days' notice at thre public places in said town of a registration of voters in and for said town, specifying time and place; in

case of vacancy in the position of registrar from any cause, the Vacancies. chairman of the board of commissioners of Johnston county shall

fill the vacancy.

nished by county commissioners.

when registra

tion books shall be opened.

Sec. 5. Said registrar shall be furnished by said county com- Registration furmissioners with registration books at the expense of the town, and it shall be the duty of said registrar to open his books at the time and place designated by said county commissioners in said town, at least thirty days before the day of election herein provided for, and to register therein the names of all persons applying for registration and entitled to register and vote. It shall be the duty of the registrar to keep the names of the white voters separate and apart from those of colored voters, and he shall designate on the registration books opposite the name of each person registering the place of residence, and if such applicant for registration shall not disclose his place of residence, his willful failure to do so shall be prima facie evidence that he is not entitled to registration.

Names of voters of different races

kept separately.

Sec. 6. The board of commissioners of Johnston county, at or Appointment of before their meeting in April, one thousand eight hundred and judges.

ninety-nine and annually thereafter, shall appoint two judges or inspectors of election for said town, who, with the registrar, shall open the polls and superintend the same on the day of election hereinafter specified. The judges of election, whose appointments are herein provided for shall have authority to administer oaths, and shall have all the powers of such officers under the general laws regulating elections.

Sec. 7. All electors that shall have resided in the state twelve

PRIV-49

Persons entitled to vote.

Election of mayor.

months, and in the town of Clayton ninety days next preceding the election shall be entitled to register.

Sec. 8. That the legally qualified voters of said town of Clayton shall, on the first Monday in May, one thousand eight hundred and ninety-nine and on each succeeding first Monday in May thereafter, by ballot, elect a mayor for the said town of Clayton, a majority of all the votes cast being necessary to elect said mayor. He shall preside at all meetings of the board of comPower of mayor. missioners, and have the right and powers and perform all the duties heretofore prescribed by law for said officers.

Election of chief of police.

Term of office of mayor and commissioners.

Oath of mayor.

When commissioners shall quanfy.

When mayor

Sec. 9. That at all the elections held by virtue of this act, the chief of police of said town shall attend the polls, and by himself and by his assistants preserve order.

Sec. 10. That the mayor and commissioners shall hold their offices respectively until the next succeeding election, and until their respective successors are qualified.

Sec. 11. That the mayor, immediately after his election and before entering upon the duties of office, shall take before a justice of the peace the following oath: “I, A. B., do solemnly swear that I will diligently endeavor to perform faithfully and truthfully, according to my best skill and ability, all the duties of the office of mayor of the town of Clayton while I continue therein, and I will cause to be executed, as far as in my power lies, all the laws, ordinances and regulations enacted for the government of the town of Clayton, and in the discharge of my duties I will strive to do equal justice in all cases whatsoever."

Sec. 12. That on Thursday succeeding the day of election the commissioners elected thereat shall qualify, by taking the oath of office, before the mayor or a justice of the peace, as prescribed for commissioners of incorporated towns according to section fifteen, chapter three (one hundred and eleven) Battle's Revisal, and when organized, shall succeed to and have all the rights, powers and duties prescribed by law.

Sec. 13. That if any person chosen mayor shall refuse to be refuses to qualify. qualified, or there is any vacancy in the office after election and qualification, the commissioners shall choose some qualified person mayor for the term or unexpired portion of the term, as the case may be, and all like occasions, and in like manner the commissioners shall choose other commissioners to supply the places of such as shall refuse to act, and all vacancies which may occur, and such persons only shall be chosen as are hereinbefore declared to be eligible.

Vacancies on board of commissioners.

In case of failure to elect municipal officers.

Sec. 14. That in any case of failure to elect municipal officers on any said first Monday in May, the electors residing within the said town of Clayton may, after ten days' notice, signed by any three of said electors and posted up at three public places

within the corporate limits of said town, proceed to hold an election of municipal officers in the way and manner provided for in Battle's Revisal, chapter one hundred and eleven.

Jurisdiction of

Mayor constituted a special

court.

Sec. 15. That the mayor of said town is hereby instituted an inferior court, and as such shall, within the corporate limits of mayor. the town of Clayton, have all the power, jurisdiction and authority of justices of the peace in criminal cases, to issue process, and also to hear and determine all causes of action which may arise upon the ordinances and regulations of the town; to enforce penalties by issuing executions upon any adjudged violation thereof, and to execute the by-laws, rules and regulations made by the board of 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 the ordinances of the town, and if the accused be found 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 discretion of the mayor or court trying the same such offender may be imprisoned not more than thirty days in the town lockup or common jail of the county, and that in all cases where a defendant may be adjudged to be imprisoned by said special court it shall be competent for said court to adjudge also that the said defendant work during the period of his confinement in the public streets or other public works of said town. Sec. 16. That the mayor may issue his precept to the chief To whom mayor of police or any policeman of the town, and to such officers to whom a justice of the peace may direct his precepts.

Sec. 17. That the mayor shall keep a faithful minute of the 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 single justice of the peace, and may be executed and enforced against the parties in the courts of Johnston and elsewhere in the same manner and by the same means as if the same had been rendered by a justice of the peace for the county of Johnston.

Sec. 18.

Persons failing to pay fines may be worked on public roads.

may issue pre

cepts.

Force of judgments rendered by mayor.

ordinances a misdemeanor.

That any violation of a town ordinance shall be a Violation of town misdemeanor, and shall be punished by a fine of not more than fifty dollars or imprisonment of not more than thirty days, and no preliminary affidavits shall be necessary to give the mayor final jurisdiction over the offenses against the town ordinances. Sec. 19. That all fines collected under the provisions of this act Fines, how for violation of the ordinances of said town shall go to the use applied. of the said town.

Sec. 20. That the mayor when present shall preside at all meet- when mayor ings of the board of commissioners, and when there is any equal shall vote.