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CHAPTER 194 An act to amend chapter two hundred and seventy-four of the 'private acts of the general assembly of North Carolina passed at the session of one thousand eight hundred and ninety- one, relative to the town of Southern Pines. The General Assembly of North Carolina do enact: '
By adding to said chapter the following sections : SEc. 26 That if any person elected town marshal shall refuse to be qualified, or there is a vacancy in the office after election and qualification, or if town marshal be absent from the town, or unable to discharge the duties of his office, the commissioners of said town shall choose some qualified person for the term or the unexpired portion of the term, or during his absence or disability, as the case may be, to act as town marshal, and he shall be clothed with all the authority and powers given under this charter to the regularly elected town marshal. SEc. 27 The commissioners shall have power to appoint such number of policemen as they inay deem necessary for. the good government of the town ; and said policemen, when appointed, and the town marshal, shall have power to execute any process, criminal or civil, in the county of Moore, which may be directed to them by the mayor of said town or other lawful authority ; it shall be the duty of the town marshal and the policemen to see that the laws, ordinances and orders of the commissioners are enforced, and report all breaches thereof to the mayor, to preserve the peace of the town by suppressing disturbances and apprehending offenders, and for that purpose they shall have all the powers and authorities vested in sheriff and county constables, they shall execute all precepts lawfully directed to them by the mayor or others, and in the execution threof shall have the same powers,which the sheriffs and constzbles of the county have, and they shall have the same fees on all processes and precepts executed or returned by them which may be allowed to the constables of the county on like processes and precepts, and also such other compensation as the commissioners may allow; the said policemen and town marshal snall have the t power when in pursuit of a criminal charged with the commis- _ sion of any crime within the corporate limits of said town of Southern Pines, to continuously follow him to anypart of Moore county and may arrest him; the said policeman and town marshal shall have the same powers and be bound by the same rules in this respect as constables of the county of Moore to apprehend all offenders against the state within the limits of the town and to carry them before the mayor or some justice of the peace, and for such duty they shall have the same fees as constables of said county. Src. 28 In all cases where an offender has been convicted ~ before the mayor of said town for a violation of any of the ordinances thereof and a fine has been imposed on such offender for said violation, the mayor of said town at the time of entering judgment against such offender therefore may order that, upon failure to pay such fine to the marshal of said town for the space of one day, such offender so convicted shall be by the marshal of Southern Pines put to work on the streets of said town for a term, to be fixed by the mayor, not exceeding tweneay days, when he shall be discharged. Sc. 29 The mayor of said town shall have the power to hear and determine all charges and indictments against any person or persons fora violation of the ordinances of said town, and in addition thereto shall all the powers, jurisdiction and authority of a justice of the peace over all crimes and criminal offences committed within the corporate limits of said town. Sxc. 30 That all fines and penalties imposed by and collected under the judgment of the mayor of Southern Pines, sittingas a justice of the peace, shall belong to and used to the exclusive benefit of the town of Southern Pines. Sc. 31 That in order to raise a fund for the expenses incident to the proper government of the town, the commissioners may annually levy and collect the following taxes, namely: -1 On all real and personal property within the corporate limits, including money on hand, solvent credits, investments in bonds, stocks and all other subjects taxed by the general assembly ad talorem, except incomes, a tax not exceeding one dollar on every one hundred dollars value. -2 On all taxable polls, a tax not exceeding one dollar a poll, who may be residents in the town on the first day of June of each year, or may have been so resident within sixty days next preceeding that day. -3 On every hundred dollars value of goods, wares and merchandise purchased for re-sale by any merehant trading in the town within one year next proceeding the first day of the year which the same is listed, a tax not exceedingtwenty cents. -4 Upon all dogs kept in the town and which may be so kept on the first day of June, a tax not exceeding five dollars. -5 Upon every express company and upon every telegraph company doing business in the town a tax not exceeding one per centum of its gross receipts in the town to be given in upon oath by the mavaging agent of such company annually at the time when other taxes are listed and under the same penalties as that prescribed in the laws of the state. SkEc. 32 That in addition to the subjects listed for for taxation, the commissioners may levy a tax on the following subjects, the amount of which tax, when fixed, shall be collected by the tax-collector of said town instantly, and if the same be not paid on demand the same may be recoved by suit or the article upon which the tax is imposed or any other property of the owner may be forthwith distrained and sold to satisfy the same namely: -1 Upon allitinerant merchants or peddlers, offering to vend in the town, a license tax not exceeding fifty dollars a year, except such only as sell books, charts or maps, or works of their own manufacture, not more than one person shall peddle under a single license. -2 Upon every company of circus riders or persons by whatever name called, who shall exhibit within the town, a licensed tax not exceeding fifty dollars for each performance or exhibition, the tax to be paid before exhibition. -3 Upon every person or company exhibiting on the town stage, or theatrical plays, slight-of-hand performances, ropedancing, tumbling, wire-dancing or menageries, a tax not exceeding twenty dollars for every twelve hours allowed for exhibiting, fo be paid before exhibiting. -4 Upon every pawn-broker, sewing machine company or agent for such company, a license not exceeding twenty-five dollars a year. -5 Upon every permission by the commissioners to retail spirituous, vinous or malt liquors, a tax of fifty dollars a year. -6 Upon every lawyer, physician, dentist, photographer, street huckster, merchandise or produce brokers or ice dealers, a license tax not exceeding ten dollars a year. -7 Upon every hotel, restaurant or eating house, a license tax not exceeding twenty-five dollars. -8 Upon every other occupation, profession or business not herein especially named, a license tax not exceeding ten dollars a year. 1897._Private LawsCuHapter 194 . Sxc. 33 The commissioners of said town shall annually, on the first meeting after their election, appoint a tax-collector whose duty it shall be to collect all the taxes required to becol- lected under this charter. He shall give bond, payable to the State of North Carolina, with good and sufficient sureties, to be approved by said commissioners, in a sum double the amount of regular and special taxes levied for the current year. Said tax collector shall receive such compensation as the commis- sioners may allow, not exceeding the per centage allowed to sheriffs of the counties, and said commissioners may , in their discretion, appoint as said tax-collector the town marshal, who shall in that event serve in both capacities and have all the powers and authorities conferred upon each. ; Stc. 34 In case of a vacancy for any chuse in the office of taxcollector, the said commissioners shall fill said vacaney forthe ~ unexpired term by appointment, and the person so appointed shall give the bond and be subject to all the penalties and requirements of the regularly appointed tax collector. SEC. 35 The commissioners of the town shall appoint a treasurer whose duty it shall be to receive and disburse the funds of said town according to law. He shall give bond with good and sufficient sureties before entering upon his duties in a sum double the amount of the regular special taxes for the current year. His compensation shall be such as is allowed by the commissioners of said town, not exceeding the per centage ~ allowed to treasurers of the counties. Sc. 36 That the board of commissioners of the town of Southern Pines be and they are hereby authorized and directed toissue bonds to an amount not exceeding forty thousand dollars, tobe dueand payable thirty years from date of issue, which said bonds shall bear interest from date of issue at the rate of five per cent. perannum, payable annually on the first day of April of each and every year. Skc. 37 That said bonds shall be coupon bonds of the denomination of one hundred dollars each, and shall be designated as. series *A? and numbered from one upwards in accordance with the order of issue. They shall be signed by the mayor of said town, and countersigned by the clerk of the board of commissioners of said town and sealed with the corporate seal of said town and the coupons thereon shall be signed in the same manner. Src. 38 That said coupons shall be receivable in payment of taxes due the town of Southern Pines. Sxc. 39 That said bonds shall be sold at not less than par value and the proceeds of their sales shall be applied to the following purposes, to-wit: To defraying the expenses of providing and putting in a system of sewerage and water works in said town, and to defraying expenses of macadamizing, paving, grading, draining and otherwise improving the streets of said town and to purchasing ground fur public school purposes and erecting, equipping and furnishing school buildings. Src. 40 That the commissioners shall provide for the sale of said bonds and the money arising therefrom shall be paid to the treasurer of said town to be paid out for the purposes aforesaid according to law and as herein provided, and the bond of said treasurer shall be liable for said funds and increased so as to cover said amounts. Sec. 41 That the commissioners of said town shall have authority, and are directed to make and adopt plans for said system of sewerage aud water works and improvements of streets as contemplated in this act, and contract for putting in said system and doing said work, and can contract to let said work to the lowest responsible bidder or otherwise, or they may employ hands and have the work done. SxEc. 42 That for the purpose of paying the interest which shall accrue on said bonds and of accumulating a fund for the principal of said bonds as they shall mature, and for the payment of the same at maturity, and paying the incidental and running expense in keeping up said system of sewerage and water works, the said board of commissioners for said town shall have power annually to levy and collect in the manner and at the time prescribed for the collection of the general town taxes an ad valorem special tax not exceeding sixty cents on the one hundred dollars of the assessed valuation of real estate, and personal property in said town, and said taxes shall be used for the purposes mentioned in this section and no other. Sxc. 43 That said special tax shall be collected by the town tax-collector under the same rules and regulations as are preseribed for the collection of the general town taxes, and shall be paid to the treasurer of the town, the treasurer shall renew his bond annually on the first day of June in each year. Said bond, together with the bonds of other town officers, shall be recorded on the minutes of the commissioners. The treasurer shall keep an account of the receipts and disbursements of the said special tax money in a separate book to be kept for that purpose, and he shall annually publish a statement showing the balance and condition of the special tax funds in his hands. Src. 44 That for the purposes of carrying out the provisions of this act the commissioners of the town of Southern Pines 25 1897.Privare Laws.Cuaprer 194 are hereby authorized, empowered and required to cause an election to be held at the various polling places in said town at such time as said commissioners may appoint, at which said election the qualified voters of said town shall be entitled to vote for or against the issuing of the bonds of said town to an amount not exceeding forty thousand dollars; those favoring the issuing of such bonds and levying and collecting said taxes shall vote a written or printed ticket with the words for bonds thereon, and those who are opposed shall vote a written or printed ticket with the words against bonds thereon. ‘The said election shall be advertised by the commissioners of said town by printed posters ,within the corporate limits of said town for thirty days prior to the day of_election, specifying in said notices the amount of said bonds, @nd said election shall be held by inspectors and judges under the same rules and regulation prescribed for the election of mayor and commissioners in the charter of said town and amendments thereto and the general law applicable to town elections: Provided, the commissioners of said town shall have authority to appoint the registrars, inspectors and judges of election. The result of said election shall be ascertained by the inspectors and judges of election of the respective polling places and certified and returned by them to the commissioners of said town of Southern Pines within two days from the day of election, who shall verify and also certify such result and cause the same.to be recorded in theirminutes. If amajority of the qualified voters of said town shall vote for bonds then the commissioners: of said town shall issue the bonds herein provided for not to exceed the amount specified herein. Sec. 45 If the result of said election shall be against the issuing of said bonds the commissioners of said town may at any time or times after one year from said election again submit to the qualified voters of said town the question of issuing said bonds. Said election or elections to be heid in the same manner as hereinbefore directed. Skc. 46 For the purpose of constructing and maintaining said system of sewerage and water works in said town, the commissioners of said town shall have authority to condemn lands for right of way or for the purposes of putting down and establish-. ingand maintaining said system in the same manner and under | the same law and proceedure as they are authorized to lay out and establish streets and they shall have the same authority under the same rules and regulations to condemn land for purchase upon which to erect the public school buildings contemplated in this act. SEc. 47 The board of commissioners of the town of Southern Pines are hereby authorized to submit to the qualified voters of said town at the time specified and authorized hereinbefore for submitting to said voters the question of issuing bonds, and under the same rules and regulations whether a tax shall be annually levied and collected therein for the support of the schools in said town provided for by this act. At the election held under the provisions of this act, those who favor the levying and collecting of such annual tax shall vote on written or printed tickets the words for schools, and those who are opposed to the levying and collecting of such annual tax shall vote on written or printed tickets the words against schools. SEC. 48 Said election shall be certified and declared in the same manner as the said election to determine whether the bonds hereinbefore provided for shall be issued, and if a majority of the qualified voters shall vote in favor of levying and collecting of such annual tax, the said annual tax shall be levied and collected by the town authorities under the same rules and regulations under which other taxes are levied and collected, and the tax: collector shall be subject to the same liabilities for the collection and paying over of said tax as he is or may be for other town taxes: Provided, the special annual taxes so levied and collected for said schools shall not exceed one dollar on the one hundred dollars valuation of property. The annual taxes levied and collected under the provisions of this act for sohools shall be applied exclusively to the suprort and maintenance of the public schools in the town of Southern Pines. The school committee, whose appointment is hereinafter provided for, may establish one or more graded schools in the town of Southern Pines, and all taxes levied and collected for schools under this act shall not be appropriated or expended for any other purpose. SEc. 49 For the purposes of this act the town of Southern Pines shall be and constitute a public school district for both white and colored. Skc. 50 If this act relating to said schools, shall be ratified at the election authorized to be held under it in section 47 of this act, the school committee of the town of Southern Pines shall consist of five members, to be elected by the commissioners of the town of Southern Pines, at their next regular meeting held after the election aforesaid. The said school committee shall be composed of citizens of Southern Pines, and freeholders therein, and shall be divided by said commissioners at the time of their election into three classes of one member of the first class, and two members of the other two classes. The term of office of the first class shall expire at the end of one year from the date of his election and the term of office of the second class shall expire at the end of two years from the date of their election, and the term of office | of the third class shall expire at the end of three years from the date of their election, whenever the term of office of any class shall expire as above provided, his or their successors shall be elected for the term of three years by the said commissioners. Whenever any vacancy occurs in said committee except by expiration of term of office, the vacancy for the unexpired term of the member or members shall be filled by the said committee! Src. 51 That the school committeeprovided for by this act shall have entire and exclusive control of the public school interests and property of the town of Southern Pines ; shall have power to select and purchase sites for the school buildings contemplated in this act and select and provide plans for the building of school buildings and contract for the building, equipping and furnishing of the same; shall prescribe rules and regulations for their own government not inconsistent with the provisions of this act ; shall employ and fix the compensation of officers, and location of the public school and graded public schools annually, subject to removal by the said committee; shall make an accurate census of the school population of the town as required by the general school law of the state, and do all other acts that may be just and lawful to conduct and manage the public schoo! interests in said town : Provided, all the children resident in the town of Southern Pines, between the ages of 6 and twenty-one years, shall be admitted into said school free of tuition charges ; Provided, further that persons living beyond the limits of the corporation may, in the discretion of said committee, attend the school from their homes or as boarders, on the payment of tuition fees to be fixed by the school committee. Sxc. 52 The school committee elected by this act may elect annually a superintendent for the schoois established under this act, who shall be the principal of the graded school for whites, if the same shall be established. Thesaid superintendent shall examine all applicants for teachers positions in said schools and issue certificates to the same, and shall do and perform such other duties as may be prescribed by the said school committee. Sxc. 538 The moneys which shall from time to time be apportioned under the general school law of the state to the publie school district or portion of districts embraced in the corporation limits of the town, and any moneys to which the said district or portion of districts may be entitled by reason of any special gift, grant, tax apportionment or otherwise, sha!l be received by the treasurer of the town of Southern Pines, who shall be ex officio treasurer of said school committee and whose receipts for such moneys shall constitute a sufficient voucher of such payments in the hands of any person paying the same, and the said treasurer shall report monthly, to the said school committee, his receipts and disbursements, with all vouchers paid the same. he moneys received as aforesaid shall be held by the treasurer as a separate fund to be disposed of under the direction of the aforesaid school committee, whose warrants signed by the chairman and one other member of the committee and countersigned by the secretary of said committee shall be the only valid voucher in the hands of the said treasurer for the disbursement of said moneys in any settlement required of them by the law. The said treasurer shall furnish annually, to the board of commissioners a statement in writing of his receipts and disbursements of the school money, properly and duly audited and approved by the chairman and secretary of the school committee. The accounts, books and vouchers of the said treasurer shall be open for the inspection of said school committee and the commissioners of said town at any time. Sc. 54 The school committee, provided by this act, shall apportion the money raised or received for educational purposes in the town of Southern Pines, as shall be just to the white and colored races without discrimination in favor of or to the prejudice of either race. The beginning and ending of the school year shall be fixed by the committee. SkEc. 55 The school committee hereby created shall be a body corporate by the name and style of The School Committee of the town of Southern Pines, and by that name can sue and be sued, shall be capable of receiving gifts and grants, of purchasing and holding real and personal estate, and of selling and transferring the same for school purposes ; conveyances to said school shall be to them and their successors in office, and all deeds and other agreements effecting real estate shall be deemed sufficiently executed when signed by the chairman and secretary thereof, and the seal of the corporation affixed thereto. The corporation shall have a corporate seal which it may break or change at pleasure. Skc. 56 If, at the election herein provided for, a majority of the qualified voters shall be in favor of issuing bonds, and a majority of said electors shall be opposed to the levying and collecting of the special tax for schools, the funds arising from the sale of said bonds shall be appropriated wholly to the expense of providing and putting in a system of water works and sewerage in said town, and of macademiziug, paving, grading, draining and otherwise improving the streets of said town as provided in this act. SEc..57. The commissioners of said town shall have authority . to appoint five persons, resident in the corporate limits of said | town, who shall be styled the board of health of said town, said board shall have authority and power, and it shall be their duty to regulate the sanitary condition of said town, to abate ~ nuisances which they may deem injurious to the health of the citizens of said town, and shall hve all the authority with | respects to said town as is given to the county board of health and the county superintendent of health. Skc. 58 That all laws and clauses of laws in conflict with this act are hereby repealed. Src. 59 That this act shall bei in force from and after its ratification. Ratified the 6th day of March, A. D. 1897