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AN ACT TO INCORPORATE THE TOWN OF WARSAW
Sec. 1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That a town is hereby established in the county of Duplin, by the name of Warsaw, with the following metes and bounds, viz: beginning at Stewart's Creek Truss, on the railroad, thence down said creek to the road leading to General William Hills'; thence a direct line to the corner of the college lot on the main road; thence along the back line of said lot to the southeast corner; thence the same direction 45 poles; thence 8 degrees south of west to the railroad; thence the same direction 45 poles on the west side of the railroad; thence a parallel line until it gets opposite said Truss; thence to the beginning.
Sec. 2. Be it further enacted, That the government of said town of Warsaw, shall be vested in the following persons and their successors in office: Claibon J. Otis, N. Frederick, C. B. Hobson, S. Borden and R. Best.
Sec. 3. Be it further enacted, That the commissioners and their successors in office, appointed agreeable to the directions of this act, shall be, and they are hereby incorporated into a body corporate, by the name of the commissioners of the town of Warsaw, and by such name shall have succession, and a common seal, sue and be sued, and shall have power from time to time, to make such rules, by-laws and ordinances, as to them or a majority of them, shall seem proper for the good government of said town; to appoint a town clerk, constable, patrol and overseer of streets, and to make such allowance to said officers, by fee or otherwise, as said commissioners may determine; that said commissioners shall have full power to repair the streets, and lay out or alter the same, provided it does not interfere with any dwelling or yard; they shall have full power to assess and collect taxes upon all taxable property within the limits of said town, and to do all other acts that may be deemed needful for the good government and management of said town.
Sec. 4. Be it further enacted, That an election shall be held in each and every year, on the first Monday in February, by the inhabitants thereof, qualified to vote for members of the House of Commons, for five commissioners, who shall hold their office for one year, or until their successors are appointed.
Sec. 5. Be it further enacted, That the commissioners appointed under this act, shall be, and continue to act as such, until their successors are appointed. [Ratified the 5th day of February, 1855.]
AN ACT TO AMEND THE CHARTER OF THE TOWN OF WARSAW
THE GENERAL ASSEMBLY OF NORTH CAROLINA DO ENACT:
SECTION 1. That the inhabitants of the town of Warsaw shall continue to be as heretofore a body corporate under the name and style of "The Town of Warsaw," and under such name is hereby invested with all the privileges, immunities and franchises, property and all other rights heretofore belonging or appertaining to the town of Warsaw, and in and by that name may sue and be sued, plead and be impleaded, acquire and hold property, real and personal, for the use of the town as its board of commissioners may deem necessary and expedient.
Sec. 2. The present mayor and commissioners and other officers of the town of Warsaw shall be and the same are hereby declared to be like officers, with the powers and duties of the town of Warsaw until their successors are elected and qualified as hereinafter provided.
Sec. 3. That the corporate limits and boundaries of the said town of Warsaw shall be as follows: Beginning at the fifty-fifth mile post of the Wilmington and Weldon Railroad Company, where the old plank road crosses the said railroad, and runs three-eights of a mile each way from said mile post, forming a circle which is three-fourths of a mile in diameter, and the town authorities are hereby instructed to survey and have marked out the above described boundaries.
Sec. 4. The officers of the town of Warsaw shall consist of a mayor and five commissioners, to be elected by ballot on the first Monday in May of each year (or on such other day as may be designated and set apart by the general law of the State for municipal elections); also a constable, secretary and treasurer, to be chosen by the board of commissioners immediately after its organization, to hold for one year or until their successors are elected and qualified; and it shall be the duty of the mayor to give notice of the election ten days pervious thereto by posters written or printed, and put up at three or more public places within the corporate limits of the said town, and if the board of commissioners of Duplin County shall fail or neglect to appoint inspectors, two resident citizens shall be appointed by the mayor, who with himself shall hold said election.
Sec. 5. That any qualified voter of this State shall be eleigible as mayor or commissioners, and entitled to vote in the municipal elections of said town: Provided, he shall have resided within the corporation for ninety days next preceding the election.
Sec. 6. That on the day of election the inspectors shall give due attendance at the time and places appointed, shall be judges of the polls, receive the votes, and conduct the election in the manner and during the same hours of the day as are prescribed for election of members of the General Assembly.
Sec. 7. At the close of the election the votes shall be counted by the inspectors, and of such persons voted for as mayor the one having the largest number of votes shall be declared duly elected mayor, and of such persons voted for as commissioners the fire receiving the largest number of votes shall be declared duly elected; and the officers thus elected shall be notified of their election within two days after the same by the inspectors.
Sec. 8. The inspectors, before proceeding to act as such shall be sworn by the mayor of a justice of the peace of Duplin County to conduct the election fairly, impartially and according to the law, and in case of the absence of an inspector his place shall be supplied by the commissioners.
Sec. 9. That if among the persons voted for for mayor there shall be an equal number of votes between any two or more receiving the largest number of votes, the commissioners elect shall proceed, within five days after their qualification, to elect mayor of and from such persons thus tied, and if there should be a like tie among commissioners thus voted for, the remaining commissioners shall decide the tie within three days after their said qualification.
Sec. 10. That the inspectors shall certify and subscribe the poll and registration lists and return them to the town secretary, who shall take charge of and preserve the same.
Sec. 11. That the mayor and commissioners after election, and before entering upon the duties of their respective offices, shall take and subscribe (the mayor before some justice of the peace and the commissioners before the mayor) the following oath: I, A. B., do solemnly swear that I will faithfully and diligently endeavor to perform the duties of the office of mayor or commissioner to which I have been elected, so help me God.
Sec. 12. That if any person who shall be elected mayor shall refuse to be qualified, or there is any 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 refusing 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. 13. That any person elected mayor or commissioner for said town who shall refuse to qualify and act as such shall forfeit and pay to the equal use of the town and of him who shall sue therefor the sum of twenty dollars.
Sec. 14. 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 process 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 with his judgment may appeal to the superior court of Duplin county upon recognizance, with security for his appearance at the next term thereof.
Sec. 15. That the mayor may issue his precepts upon his own information of any violation of any town ordinance without a written affidavit, and he may issue the same to any constable of the town, or to such other officers to whom a justice of the peace may direct his precepts.
Sec. 16. The mayor shall preside at all meetings of the town commissioners, and vote in no case escept in an equal vote, between said sommissioners, then he shall give the casting vote. He shall keep a fiathful minute of all the precepts issued by him, and of all his judicial proceedings. Judgments rendered by him shall have all the forece, virtue and validity of judgments rendered by a justice of the peace, and may be executed and enforced against the parties in the courts of Duplin and elsewhere, and by the same means and manner as if the same had been rendered by a justice of the peace of Duplin county.
Sec. 17. That every violation of a town ordinance shall be a misdemeanor, and shall be punished by a fine or not more than fifty dollars or imprisonment not more than thirty days.
Sec. 18. That the mayor shall have power to imprison for fines imposed by him hunder the provisions of this act, and in such cases the prisoner shall only be discharged as now or as may hereafter be provided by law.
Sec. 19. That all fines collected under the privisions of the foregoing act for violation of town ordinances shall go to the use of the town.
Sec. 20. That the mayor shall be entitled by law to the same fees as a justice of the peace in like cases, and an additional salary to be allowed by the board of commissioners not to exceed one hundred dollars a year.
Sec. 21. That the mayor shall have and it shall be his duty to exercise all the jurisdiction, powers and duties given to justices of the peace in chapter twenty-five of the code, entitled "Crimes and Punishments," subject to the restrictions and limitations contained in that chapter; Provided, the mayor shall not take jurisdiction of any offence committed beyond the limits of the town.
Sec. 22. 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 shall also be held on the call of the mayor or a majority of the commissioners, and of every such meeting when called by the mayor the commissioners not joining in the call shall be notified in writing.
Sec. 23. The commissioners shall have power to make and to provide for the execution thereof such ordinances, bylaws, rules and regulations for the good government of the town as they may deem necessary: PROVIDED, the same be allowed by the provisions of this act, and be consistent with the laws of the land.
Sec. 24. The commissioners shall have power and it shall be their duty to provide for and secure the peace, good order and tranquility of the town against disturbance by quarrels, loud, profane or obscene language, riots, affrays, trespasses or other breaches of the peace, or irregularities tending to disturb the peace of the citizens. They shall provide for repairing the streets, sidewalks and alleys, and cause the same to be kept clean and in good order, take all proper means to prevent and extinguish fires, make regulations for the observance of the Sabbath, suppress and remove nuisances, and prohibit any indecent exposure of the person by imposing such fines and imprisonment in all cases within the jurisdiction of a justice of the peace as they shall deem adequate.
Sec. 25. That 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 may be considered dangerous from fire or other causes to the safety, the person or property of adjacent 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 month for repairing or removing of such building.
Sec. 26. That the commissioners shall have power to prevent dogs, hogs, horses and other brutes from running at large in the town, and the town marshal may by order of the mayor seize and detain such animals till such fines and cost as may be imposed for such violations 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 at three public places therein, and apply the proceeds to the payment of said cost and fine, and pay any surplus to the owner of the stock.
Sec. 27. That they may prohibit the firing of any gun, pistol, fire-cracker, gunpowder, other materials or other dangerous combustibles in the streets, public grounds, or elsewhere in said town.
Sec. 28. The commissioners may build or establish a guard-house in which to secure and confine offenders against town ordinances, and for feeding such prisoners the town marshal shall be allowed such compensation as is allowed to the keeper of the common jail in Duplin county: PROVIDED, in the above case, that no prisoner or offender shall be confined in said guard-house more than twenty-four hours without first having had his case heard and determined before the mayor.
See. 29 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 the power at any time to widen, enlarge, change, extend, narrow and discontinue any street or streets within said corporate limits whenever they may so determine, by making a reasonable compensation to owners of property damaged thereby. In cases where the owners of land cannot agree with the commissioners regarding the value of the land or property and the damages, the mayor of the town shall issue his warrant to the town marshall 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 sumo ned shall take the following oath before the mayor of the town or some justice of the peace: "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 damaged or claiming damages refuses to select two appraisers as provided above, the report of the three summoned in behalf of the town shall be final: PROVIDED: that if either of the commissioners or the opposite party be dissatisfied with the report of the freeholders, then they may appeal to the superior court of Duplin county, and in that case the report of valuation and the proceedings therein shall be sent up by said appraisers to said court, there to be determined.
Sed. 30. The commissioners shall have power to levy and collect the following taxes, viz: upon all real estate and personal property within the corporate limits of said town; upon all money on hand; solvent credits; upon all polls and upon all other subjects of taxation taxed by the General Asxembly and the laws of the State for public purposes: PROVIDED, that annual tax on property shall not exceed thirty-three and one-third cents on the one hundred dollars' valuation thereof, nor shall the poll tax and street commutation tax exceed the sum of one dollar annually.
Sec. 31. That in addition to subjects liable to taxation for State purpose, the commissioners shall have power to levy and collect a specific or license tax upon the following subjects: all itinerant or traveling merchants, peddlers, bar-rooms, liquor dealers or auctionners who shall offer to sell within the corporate limits of said town. upon all venders of cider, patent medicine or nostrums of any kind; upon every show, concert, menagerie, sleight-of-hand, or theatrical performances exhibiting within said corporation, and upon every hog or other stock running at large within the same, whether belonging to persons inside or outside the corporation.
Sec. 32. That all persons liable to taxation of any kind in said town shall, on or before the first day of June in each and every year, make a return of their respective lists of taxable property, as assessed by the township assessors for the State, to the secretary or clerk of said board commissioners; such lists shall give a description of the tracts or lots of land, the taxable polls and all other property liable to taxation by the persons returning the same, and shall be sworn to before some justice of the peace or before the secretary or clerk, who is hereby authorized and empowered to administer oaths required by law to be taken by persons making such returns. The said lists thus taken shall be filed with the secretary or clerk, who shall, after a levy of taxes assessed thereon, in the same manner as tax lists are made or required to be made for the collection of State taxes. The secretary or clerk shall also make out a list of all property and polls remaining unlisted in said town, which shall be subject to double tax. The usual tax list made as aforesaid by the secretary or clerk and placed in the hands of the marshal or tax collector, shall have the force and effect of a judgment and execution for the taxes assessed and appearing on said lists respectively; and the same may be collected by levy and sale of the property of the party owing such taxes on giving such notice as is required by law on execution from one of the superior courts of the State, and the officer charged with the duty of collecting such taxes shall have all the power vested by law in sheriffs or tax collectors for the collection of taxes due the State.
Sec. 33. That said taxes shall be due on the first Monday of October in each and every year, but the tax collector shall have no power to enforce collection of same by sale before the first day of November next ensuing. When the taxes due shall be unpaid on the first day of November, the tax collector shall proceed to collect the same in the manner prescribed by law for the collection of State taxes by the sheriffs of the State.
Sec. 34. The marshal or town tax collector appointed by the commissioners is hereby authorized and empowered to sell real estate in said town for taxes, whether such real estate belongs to a resident or non-resident, or persons unknown, and so much thereof as may be necessary to satisfy the taxes due and cost of collection; and the owner, or any one for him, shall be allowed to redeem any property thus sold at any time within two years from the sale on paying the purchaser the amount of tax, costs and expenses of sale, with twenty-five per centum thereon, and one dollar for the expense of reconveyance. If the real estate thus sold is not redeemed within the time specified, then the tax collector shall convey the same in fee to the purchaser, and the recital in said deed that the taxes were due and unpaid at the time of sale shall be prima facie evidence of the fact.
Sec. 35. That it shall not be lawful for the board of commissioners of Duplin County to grant license to retail spirituous liquor within the limits of the town of Warsaw without the written permission of the commissioners of said town, attested and signed by the secretary, and presented by the applicants at the time of application and filed with the register of deeds of said county, and if such license be thus granted by the board of county commissioners without such permission the same shall be void and the person obtaining such license shall be indictable as in other cases of retailing without license.
Sec. 36. That it shall be the duty of the constable or marshal to see that the laws, ordinances and orders of the commissioners are enforced, and 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 the power and authority vested in sheriffs and county constables, and he shall have the same fees on all processes and precepts executed or returned by him which may be allowed to sheriffs of the county on like processes and precepts, and also such other compensation as the commissioners may allow. He shall execute all processes issued or directed to him by the mayor or any justice of the peace of Warsaw township within the limit of said town, and to that end may summon any citizen of said town to his assistance, who upon refusal to act shall be considered guilty of a misdemeanor, and upon complaint of said marshal shall be tried and punished in the discretion of the mayor within the limits prescribed in the jurisdiction of a justice of the peace. He shall enter into a good and sufficient justified bond in the sum of five hundred dollars, payable to the State of North Carolina and approved by the commissioners, and shall at the end of the month pay over to the town treasurer all fines, penalties and forfeitures, together with other moneys collected by him, and report the same to the commissioners under oath.
Sec. 37. That the town constable may arrest parties offending against town ordinances and endeavoring to make their escape without the limits of said town without a warrant, and he shall commit all offenders in a state of intoxication to the guard house until they become sufficiently sober to appear before the mayor for trial. The town marshal or constable shall by virtue of his office be town tax collector, unless he fails to give the bond required by commissioners for that purpose, or is otherwise deemed incompetent.
Sec. 38. The secretary or clerk of said town shall by virtue of his office as such, after his appointment or election by commissioners, be town treasurer, who shall keep regular minutes of the proceedings of the board, preserve all books, papers and articles committed to his care during his continuance in office, and enter into a good and sufficient justified bond as treasurer to honestly and faithfully disburse all moneys coming into his hands and a just and true account render when required by commissioners.
Sec. 39. That the clerk and treasurer shall call on all persons who may have in their hands any money or securities belonging to the town which ought to be paid or delivered into the treasury, and keep safely the same for the use of the town, to disburse the funds according to such orders as may be duly drawn on him in the manner hereinafter specified. He shall keep in a book provided for that purpose a fair and correct account of all moneys received and disbursed by him and at the expiration of his term deliver the same with all moneys and property of said town in his possession to his successor in office.
Sec. 40. That all persons to whom said town shall become indebted shall present their claims duly sworn to to the board of commissioners, who shall audit the same and issue an order to the town treasurer for the payment thereof if considered just, and the treasurer shall in no case pay any claim presented to him till the same shall have been audited and approved by the commissioners and an order made therefor.
Sec. 41. That all officers of said town of Warsaw who shall on demand fail to turn over to their successors in office the property, money, books, or effects of the town, shall be deemed guilty of a misdemeanor and upon conviction before the superior court of Duplin county shall be fined at the discretion of the same.
Sec. 42. This act shall be in force from and after its ratification, and all laws and clauses of laws coming in conflict with the same are hereby repealed.
In the General Assembly read three times, and ratified this the 9th day of March, A. D. 1885.