CHAPTER 295. An act to amend the charter of the town of Ayden in Pitt county. The General Assembly of North Carolina do enact : SECTION 1. That if any person who shall be elected mayor shall Mayor pro tem. refuse to be qualified, or there is a vacancy in the office after election and qualification by reason of resignation or otherwise, or if the mayor be temporarily absent from town, or be unable to discharge the duties of his office from sickness or otherwise, the commissioners shall choose one of their number to act as mayor pro tempore, or to fill the unexpired term, and likewise in case of a commissioner refus- Vacancy in board ing to qualify, or in case of resignation or inability to act, the remaining commissioners shall elect some suitable person within the limits of said town to fill the vacancy. SEC. 2. That any person elected mayor, commissioner for said town who shall refuse to qualify and act as such shall forfeit and pay to the use of said town the sum of twenty dollars. of commissioners. Penalty for refumayor or comsal to qualify as missioner. Criminal jurisdiction of mayor. SEC. 3. That the mayor, as a peace officer, shall have within the corporate limits all the powers and authority of a justice of the peace, and as a judicial officer within the same all the power, jurisdiction and authority necessary to issue processes upon and to hear and determine all cases arising upon the ordinances of the board of commissioners; to impose penalties upon any adjudged violation thereof; to fine and imprison either in the guard-house of the town or the common jail of the county, and to execute all laws and ordinances made by the commissioners for the government and regulation of the town: Provided, that in all cases any person dissatisfied Right of appeal. with his judgment may appeal to the superior court of Pitt county upon giving bond with security for his or her appearance at the next term thereof: Provided further, that the county of Pitt shall not pay County not liable for certain jail any fees for any person committed to the county jail by said mayor. fees. SEC. 4. That the mayor shall preside at all meetings of the town Duties of mayor. commissioners, but shall not be entitled to vote except in case of a tie. He shall keep a faithful minute of all precepts issued by him and of all judicial proceedings; judgments rendered by him shall Force of judgI have all the force, virtue and validity as if rendered by a justice of the peace, and may be executed and enforced against the parties in the courts of Pitt county or elsewhere, and by the same means and manner as if the same had been rendered by a justice of the peace of Pitt county. ments. SEC. 5. That every violation of a town ordinance shall be a misde- Violation of town meanor, and shall be punished by a fine of not more than fifty dollars ordinance a misor imprisoned not more than thirty days, or both. demeanor. Imprisonment for fines. Fines payable Fees of mayor. Board of commissioners. Ordinances, &c. Proviso. Powers and duties of commissioners. Abatement of nuisances. Proviso. SEC. 6. That the mayor shall have power to imprison for fines imposed by him under the provisions of this act, and in such cases the prisoners shall only be discharged as now or as may be hereafter provided by law. SEC. 7. That all fines collected under the provisions of the foregoing act for violations of town ordinances shall go to the use of the town. SEC. 8. That the mayor shall be entitled to the same fees as a justice of the peace in like cases, and such additional salary to be allowed by the commissioners, if they see fit, not to exceed one hundred dollars. SEC. 9. That the commissioners shall form one board, and a majority of them shall be competent to perform all the duties prescribed for commissioners, unless otherwise provided. Within five days after their election they shall convene for the transaction of business, and shall fix their stated days for meeting during the year, which shall be as often as once a month during the same. Special meetings of the commissioners may be held on the call of the mayor or a majority of the commissioners, and of every such meeting those not joining in the call shall be notified verbally or in writing. SEC. 10. That the commissioners shall have the power to make and provide for the execution of such ordinances, by-laws, rules and regulations for the good government of the town as they may deem necessary: Provided, the same be not inconsistent with the laws of the land. SEC. 11. That the commissioners shall have the power and it shall be their duty to provide for and secure the peace, good order and tranquility of the town against disturbances by quarrels, loud, profane or obscene language, riots, affrays, trespasses or other breaches of the peace or irregularities of whatever nature tending to disturb the peace of the citizens. They shall provide for the repairing of the streets, sidewalks and alleys, and cause the same to be kept clean and in good order; take all proper means to prevent or extinguish fires; make regulations for the observance of the Sabbath; suppress and remove nuisances, and prohibit any indecent exposure of person, by imposing such fines and imprisonments in all cases within the jurisdiction of justices of the peace as they shall deem adequate. SEC. 12. That the commissioners may require the abatement and removal of all nuisances, and shall have power to pull down any old house, barn or other building in said town when the same may be considered dangerous from fire or other causes to the safety of the person or property of other citizens: Provided, however, that before such removal the owner of such property shall be notified in writing by the clerk of the board of such action and allowed one month for repairing or removing of such building. That all damage may be agreed upon between the mayor and the party whose property is removed under this section; and in case they cannot agree each shall select a disinterested person, and if they cannot agree they may select a third person, and the decision of two of these shall be final except an appeal is filed within ten days. live-stock from running at large. SEC. 13. That the commissioners shall have power to prevent dogs, Prevention of hogs, horses and other animals from running at large in the town, and the town constable may, by order of the mayor, seize and detain such animals until such fines and costs as may be imposed for such violation may be paid by the owner, and if not paid may sell the same at public auction in said town after giving three days notice in three public places therein, and apply the proceeds to said costs and fines and pay the surplus to the owner of the stock. Firing of guns, prohibited. SEC. 14. That the commissioners may prohibit the firing of any gun, pistol, firecracker, gunpowder or other dangerous combustibles .. may be in the streets, public grounds or elsewhere in said town. SEC. 15. That the commissioners may build or establish a guard- Guard-house. house in which to secure or confine offenders against town ordinances; and for feeding such prisoners the town constable shall be allowed Allowance to constable for such compensation as is allowed to the keeper of the common jail of feeding prisonPitt county: Provided, that no prisoner or offender shall be confined ers. Proviso. in said guard-house more than twelve hours without first having his case heard and determined before the mayor. land. SEC. 16. That the commissioners shall have power to lay out or Streets. open any new street or streets or alleyways within the corporate limits of said town whenever by them deemed necessary, and they shall have the power at any time to widen, enlarge, change, extend, narrow or discontinue any street or streets within said corporate limits whenever they may so determine by making a reasonable compensation to the owners of property damaged thereby. In cases where the owners of land cannot agree with the commissioners Condemnation of regarding the value of the property damaged and the amount of damages, the mayor of the town shall issue his warrant to the town constable commanding him to summon three disinterested freeholders of said town who, together with two freeholders as above to be selected by the party claiming damages, shall determine the value of such property and assess the damages, after which they shall return a report of their proceedings, findings and so forth, into the office of the mayor, there to be filed. Before proceeding to view said premises and assess said damages the parties so summoned shall take an oath before the mayor or a justice of the peace to make a fair, just and impartial discharge of the duties of appraiser and assessor. If the party damaged or claiming damages refuses to select two appraisers as above provided, the report of the three summoned in behalf of the town shall be final: Provided, that if either the commissioners or the Right of appeal. opposite party be dissatisfied with the report of the appraisers, then they may appeal to the superior court of Pitt county, and in that case Taxation. Ad valorem tax. Poll-tax. Merchants. Peddlers. Billiard tables, &c. Liquor dealers. Circuses, &c. Theatres, &c. Shows, &c. Dogs. Collection of taxes. the report of the valuation and the proceedings therein shall be sent SEC. 17. That in order to raise a fund for the expense incident to (1). On all real and personal property within the corporate limits, including money on hand, and upon all other subjects taxed by the general assembly ad valorem, a tax not exceeding fifty cents on every hundred dollars value. (2). On all taxable polls not exceeding one dollar and fifty cents each, who may be a resident of the town on the first day of June of each year. (3). On every hundred dollars value of goods, wares and merchandise purchased for resale by any merchant trading in the town, the same to be returned to the mayor in the same manner as in purchases returned to the register of deeds for the county, a tax not exceeding ten cents. (4). Upon all itinerant merchants or peddlers offering to vend in the town a license tax not exceeding twenty dollars a year, and not more than one person shall peddle under a single license. (5). Upon every billiard-table, bowling-alley, or alleys of like kind, bowling-saloon, bagatelle-table, pool-table, kept for hire or in a house where liquor is sold, or a house used in connection therewith, or used or connected with a restaurant, a license tax not exceeding ten dollars. (6). Upon every dealer in spirituous, vinous or malt liquors in quantities less than five gallons a license tax not to exceed fifty dollars, and in quantities of more than five gallons a license tax not to exceed seventy-five dollars. (7). Upon every company of circus-riders or performers by whatever name called who shall exhibit within the town, a license tax not to exceed twenty-five dollars for each day or part of a day; and upon every side-show connected therewith, a license tax not exceeding ten dollars. (8). Upon every theatrical company, sleight-of-hand performance, rope-walking, tumbling, menagerie, a tax not exceeding ten dollars for each day. (9). Upon every show or exhibition of any kind or concert for (10). Upon every dog a tax not to exceed two dollars. SEC. 18. That all taxes due the town shall be collected by the town and every year, but the tax collector shall have no power to enforce collection before the first day of August next ensuing. treasurer. SEC. 19. That the said board of commissioners shall at their first Election of tax meeting in each year elect a town clerk, a tax collector and treasurer: collector and Provided, that the said commissioners may elect the clerk or con- Proviso. stable as tax collector, and they may also elect one of their number as treasurer if they choose. SEC. 20. That the town clerk shall keep a correct record of all the Duties of clerk. proceedings of the board of commissioners and perform such other duties as may be prescribed by the commissioners. For his services he shall be allowed such sum as the commissioners shall deem just, not exceeding fifty dollars per annum. collector. SEC. 21. That the tax collector shall collect all taxes that may be Duties of tax levied by the commissioners and pay the same over to the treasurer, and shall make such reports and settlements as may be required by the board of commissioners: Provided, however, that before entering Bond. upon the discharge of his duties he shall execute and deliver to the commissioners a good and sufficient bond payable to the state of North Carolina in a sum double the amount of taxes levied for the preceding year, which bond is to be approved by the commissioners. For col- Compensation. lecting such taxes he shall receive such compensation as is allowed by law to sheriffs for like services. SEC. 22. That the treasurer shall receive all moneys due the town Duties of treasand pay them out only upon the order of the commissioners, signed urer. by the mayor and countersigned by the clerk. For his services he shall receive two and one-half per cent. commission on his receipts Compensation. and disbursements. Before entering upon the discharge of the duties Bond. of his office he shall execute to the commissioners a good and suffi cient bond, payable to the State of North Carolina, in an amount to be fixed and approved by said commissioners. SEC. 23. That it shall be the duty of the constable to see that the Duties of conlaws, ordinances and orders of the commissioners are enforced, and stable. to report all breaches thereof to the mayor, to preserve the peace of the town by suppressing disturbances and apprehending offenders, and for that purpose he shall have all power and authority vested in Powers. sheriffs and county constables; and he shall have the same fees on all Fees. processes and precepts executed and returned by him as allowed by law to sheriffs on like processes and precepts, and also such other compensation as the commissioners may allow. He shall, before Compensation. entering upon the discharge of the duties of his office, execute to the Bond. commissioners a good and sufficient bond to be approved by them, payable to the state of North Carolina, in the sum of three hundred dollars. He shall, at the end of every month, pay over to the town Monthly settletreasurer all fines, penalties and forfeitures collected by him and ments. report the same to the commissioners under oath. He may arrest |