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1 Town incorporated
2 Corporate limits
4 Powers and duties
6 Privilege licenses
7 Same; collection; records; violations
8 Mayor and Commissioners named
9 Liquor licenses
The town of Rose Hill, in the county of Duplin, be and the same is hereby incorporated by the name and style of Rose Hill, and shall have the benefit of and be subject to all the provisions of law now existing in reference to incorporated towns, not inconsistent with this act.
(Pr. Laws 1901, C. 67, Sec. 1)
The corporate limits of such town shall be as follows:
Beginning at a point one-half mile due south of the intersection of Main Street with the Wilmington and Weldon Railroad: thence due east one-half (1/2) mile; thence due north one (1) mile; thence due west to eastern margin of Sycamore Street, produced; thence with the eastern margin of said street to Island Creek Canal; thence up said canal a straight line to the edge of the right of way on the west side of said railroad, sixty-five (65) feet from the center of the track; thence with the western margin of said right of way to line of third (3rd) call of this boundary, which runs due west; thence with line of said third (3rd) call, produced, one (1) mile from its eastern extremity; thence due south one (1) mile; thence due east one-half mile, to the beginning.
(Pr. Laws 1901, C. 67, Sec. 1; Pr. Laws 1909, C. 81, Sec. 1)
The officers of said town shall consist of a Mayor, five (5) Commissioners and a Constable, and the Commissioners shall have power to appoint a Clerk and Treasurer, and such other officers as they shall deem necessary in the discharge of their corporate duties.
(Pr. Laws 1901, C. 67, Sec. 3)
Said Commissioners shall have and exercise all such corporate powers and duties as are conferred upon Commissioners of corporate towns under chapter sixty-two (62), volume two (2), of The Code, and said chapter shall be applicable in every respect to said town. And the Commissioners shall have power to lay out and open any new street or streets within the corporate limits of said town whenever by them deemed necessary, and they shall have power at any time to widen, change, extend and discontinue any street or streets whenever they may so determine, by making a reasonable compensation to owners of property damaged thereby. In cases where the owner or owners of land cannot agree with the Commissioners of the town regarding the damages to land or property, the Mayor of the town, by order of the Commissioners, shall issue a warrant, addressed to the Town Marshal or Constable, commanding him to summon three (3) disinterested freeholders of said town, who, together with two (2) freeholders as above, to be selected by the party claiming damages, shall determine the value of the property condemned, and assess the damages, after which they shall make their report, or a majority of them, in writing, and file same into the Mayor's office. Before proceeding to view said premises and assess said damages, the freeholders so summoned and selected shall take the following oath before the Mayor or other person authorized by law to administer an oath: I, A. B. do solemnly swear or affirm that I will faithfully and honestly discharge the duty of appraiser for which I have been chosen, and a true report make: So help me, God. If the party or parties claiming damages refuses to select two (2) appraisers, after notice in writing of five (5) days as above provided, the report of the three (3) appraisers summoned by the Constable shall be final: Provided, either party, the town or land owner may appeal to the Superior Court, and in that case the report of the appraisers and the proceedings therein shall be sent up to said court, there to be heard and determined.
(Pr. Laws 1901, C. 67, Sec. 4; Pr. Laws 1903, C. 284, Sec. 1)
The Commissioners may require and compel the abatement and removal of all nuisances, and shall have power to pull down and remove any old house, barn or other building in said town when the same shall be deemed by them dangerous from fire or other causes, to the safety of the person or property of adjacent or abutting owners and residents: Provided, however, that before such removal the owner of such property shall be notified in writing by the secretary of such board of the action, and allow one (1) month after notice for repairing or removing of such building.
(Pr. Laws 1903, C. 284, Sec. 2)
In addition to the subjects listed for taxation, the Commissioners may levy a tax on the following subjects (the amount of each tax when levied to be collected by the constable of said town instantly), and if the same be not paid on demand the same may be recovered 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, viz.:
(1) Upon all temporary or itinerant merchants or peddlers offering to sell in the town, a license tax not exceeding fifty dollars ($50.00) a year, except such only as sell books, charts, maps or wares of their own manufacture, but not excepting venders of medicine by whomsoever manufactured, and not more than one person shall sell or peddle under a single license: Provided, that such temporary or itinerant merchants or peddlers shall comply with such rules and regulations as the board of commissioners may make, in respect to the times, place and manner of vending under such licenses. And such itinerant or temporary merchant shall be construed to be one who opens up and continues in business for a shorter period than twelve (12) months.
(2) Upon every sewing-machine or bicycle company or agent for such company, dealer in, or manufacturers' agent of musical instruments, keeper of sales stables or livery-stables, cotton broker or buyer, street huckster, photographer, merchandise or produce broker, a license tax not exceeding five dollars ($5.00).
(Pr. Laws 1905, C. 400, Sec. 1)
All license taxes shall be collected by the constable or policeman of said town whose duty it is to collect the same, and issue a license signed by the mayor and countersigned by the town clerk, which license shall not extend beyond June first (1st) next after it is issued. The town clerk shall keep a record of all licenses issued and shall report monthly to the board of aldermen all licenses issued during the preceding month. Any person who shall engage (in), conduct or carry on any business in said town for which a license is required, without first obtaining said license, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars ($50.00) or imprisoned not exceeding thirty (30) days; and each day that such a business is conducted without a license shall be a separate offense.
(Pr. Laws 1905, C. 400, Sec. 2)
Until an election is held on the first Monday in May next, the following named persons shall fill the offices, viz.: Mayor, W. B. Southerland; Clerk and Treasurer, W. G. Fussell; Constable, F. M. Southerland; Commissioners, W. H. Fussell, W. D. Henderson, J. C. Mallard, C. C. Boney and D. T. Carr.
(Pr. Laws 1901, C. 67, Sec. 5)
The County Commissioners of Duplin County shall not grant license to any person or persons to sell any intoxicating liquors within the corporate limits of said town, except upon the request of a majority of the Commissioners of said town of Rose Hill, and any license granted except upon such request shall be utterly void.
(Pr. Laws 1901, C. 67, Sec. 6)