Art. 3. - Amending town charter.

The General Assembly of North Carolina do enact:

Section 1. That the inhabitants of the town of Sanford shall be and continue as they have been a body politic and corporate, and henceforth the corporation shall bear the name and style of "The Town of Sanford," and under such style and name is hereby invested with all the property and rights of property which now belong to the corporation or are possessed by it under any corporate name or names heretofore used; and by this name may acquire and hold, for the purpose of its government, welfare and improvement, all such estate as may be devised, bequeathed or conveyed to it, not exceeding in value two hundred thousand dollars; and may from time to time, as it shall be deemed advisable by the proper authorities of the corporation, invest, sell or dispose of the same; and under this name shall have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase and convey real estate and personal property, and shall have all powers, rights and privileges necessary or belonging to or usually appertaining to municipal corporations.

Sec. 2. That the corporate limits of said town shall be as follows: The boundary line of the northern limit shall be at its nearest point to the grade crossing of the Raleigh and Augusta Air Line Railroad and the Cape Fear and Yadkin Valley Railroad one-half mile north therefrom, and shall run from this point east and west each way one-half mile; thence, at the east terminus of the east half mile aforesaid, running south one mile; thence west one mile; thence north one mile to the western terminus of the western half-mile aforesaid.

Sec. 3. That the town of Sanford shall be divided into five wards, denominated first, second, third, fourth and fifth wards. The said wards shall be bounded as follows: First ward, beginning at the intersection of the Buffalo church road with the west boundary line of the town west of Dry creek; running with the center of said road to the center of Carthage street; thence with the center of Carthage street to its intersection with the south terminus of Hawkins avenue, near McPherson and Weatherspoon's store; thence with the center of Hawkins avenue to the north boundary line of the town; thence with the north and west boundary lines of the town to the beginning. Second ward, beginning in the center of Hawkins avenue, on the north boundary line; running thence with the center of said Hawkins avenue to the center of Carthage street, near McPherson and Weatherspoon's store; thence with the center of Carthage street and Charlotte avenue to the east boundary line of the town; thence with the east and north boundary lines to the beginning. Third ward, beginning at the west boundary line, at the beginning point of first ward, running with the center of Buffalo church road to the center of Carthage street; thence with the center of Carthage street to Charlotte avenue; thence with the center of Charlotte avenue to the east boundary line of the town; thence south with the east boundary line to the center of McIver street; thence with the center of McIver street to the center of Chatham street, near J.D. McIver's store; thence with the center of Chatham street to the point in said street near a big oak at the corner of S.W. Brewer's residence in a direction from said oak at right angles to the street; thence in a direct line to a stone at the south corner of the Moffit Bros. foundry building; thence to the southwest corner of Steele street Methodist church lot; thence parallel with Steele street to G.A. Davis' lot; thence with his line to the west end of said lot; thence south fifty-six west to the west boundary line of the town. Fourth ward, beginning in the center of McIver street on the east boundary line of the town; running thence with the center of McIver street to the center of Chatham street, near J.D. McIver's store; thence with the center of Chatham street to a point in said street near a big oak near S.W. Brewer's residence, a corner of ward No. three (3); thence a direct line to the northeast corner of Primus Holmes' lot, near Park avenue; thence with his line east to the east corner; thence with his line to the south corner; thence directly south to W.T. Buchanan's line, near Little Buffalo creek; thence with his line to Chatham street; thence with the center of Chatham street to a point in the center of said street opposite the southwest corner of J.S. McIver's residence lot; thence crossing the C.F. and Y.V.R.R. (Cape Fear and Yadkin Valley Railroad) or Atlantic and Yadkin R.R. a direct line to the south corner of John A. Womack's residence lot; thence a direct line to the south corner of John L. Brown's residence lot; thence with his line east to the C.F. and Y.V.R.R. (Cape Fear and Yadkin Valley Railroad); thence with said C.F. and Y.V.R.R. (Cape Fear and Yadkin Valley Railroad) to the south boundary line, near Norton Alcott's; thence with the south and east boundary line of the town to the beginning. Fifth ward, all that portion of the town of Sanford not included in the first, second, third and fourth wards.

Sec. 4. There shall, on the first Monday in May, one thousand eight hundred and ninety-nine, and on the first Monday in May annually thereafter, be elected nine aldermen for said town, who shall hold their offices until their successors are qualified, two of whom shall be chosen for each ward, except fifth ward, from which only one alderman shall be chosen. Such aldermen shall be residents of the wards for which they are chosen and shall be elected by the qualified voters of such ward, and must have resided in the state twelve months and in the corporation ninety days next preceding the day of election.

Sec. 5. The board of aldermen of said town shall select, at their regular meeting in March, one thousand eight hundred and ninety-nine, and annually thereafter, a registrar of voters and two inspectors or judges of elections for each of the five wards of said town, all of whom shall be qualified voters and residents of the wards for which they are chosen, who shall be notified of their appointment within two days thereafter by the town constable, and who shall give ten days' public notice at least one public place in each ward, of a registration of voters in and for said wards, specifying time and place and the name of registrars; and shall advertise the election in at least one public place in each ward for at least ten days preceding the day of election.

Sec. 6. Should the aldermen of said town fail to appoint said registrars and judges of election, the sheriff of Moore county shall summon three freeholders of the town, who with him shall make such appointment; and the aldermen so failing to appoint shall each forfeit and pay to the equal use of the town of Sanford and of any person who shall sue therefor the sum of twenty dollars, recoverable before the mayor of said town, or any justice of the peace of Moore county.

Sec. 7. The registrar of each of said wards shall be furnished by the aldermen of the town with a registration book, and it shall be his duty to perform the duties of his office fairly, impartially and according to law; to revise the existing registration book of his ward in such manner that said book shall show an accurate list of electors previously registered in said ward and still residing therein without requiring said electors to be registered anew; and such registrar shall also, between the hours of seven o'clock a.m. and nine o'clock p.m., for four successive Saturdays immediately next preceding the day of election, keep open the books for the registration of any electors residing in his said ward and entitled to register, whose names have never before been registered in said ward or do not appear on said revised lists, and shall register in said book all names of persons not so registered who may apply for registration, keeping the names of white voters separate and apart from the names of colored voters. Any person offering to register may be required to take and subscribe an oath that he has resided in the state of North Carolina twelve months and in the town of Sanford ninety days next preceding the day of election, and that he is an actual and bona fide resident of the ward in which he offers for registration, or is otherwise entitled to register, and that he is twenty-one years old; and if any person shall willfully swear falsely in taking such oath he shall be deemed guilty of a misdemeanor, and on conviction shall pay a fine not exceeding one hundred dollars and be imprisoned not exceeding sixty days in the county jail. But the board of aldermen, upon thirty days' notice, may direct that there shall be an entirely new registration of voters whenever they may deem it necessary for a fair election. This new registration may, if the board so determine, be conducted by one of the registrars hereinbefore provided for, to be designated by the board, who shall keep all the registration books of the town at a place to be designated by said board.

Sec. 8. The registration books shall be closed at nine o'clock p.m. on the Saturday next preceding the day of election; and after the same are closed no person shall be allowed to register, but the registrar shall, on application before said books are closed, on one of the days herein named for the registration of voters, register all persons not then qualified to vote in his ward who will become so qualified on or before the day of election.

Sec. 9. Any person who is a qualified elector of the state of North Carolina, and shall have resided for ninety days next preceding the day of election within the corporate limits of said town, and shall be an actual and bona fide resident of the ward in which he applies for registration, shall be a qualified elector and shall be entitled to register and vote in any municipal election therein; and no person who is not thus a qualified elector of said town shall be eligible as mayor or aldermen thereof.

Sec. 10. After having been duly sworn by the mayor or justice of the peace to conduct the election fairly, impartially and according to law, the said registrar and inspectors or judges of election shall, at the appointed time, open the polls at such places in the wards respectively as the aldermen shall designate; they shall receive and deposit ballots in boxes provided for them, administer oaths when necessary, decide all questions of voting, and superintend and conduct the election for municipal officers in like manner and during the same hours of the day as the election of members of the general assembly, and with reference to the canvass of votes and challenges and in all other respects except as herein otherwise directed they shall have the powers and duties belonging to registrars and judges of elections as established by the laws of North Carolina with reference to general elections.

Sec. 11. No person whose name has not been duly registered shall be allowed to vote, and any one offering to vote may be challenged at the polls, and if the judges of election shall sustain the challenge, such person's ballot shall not be received. Ballots shall be on white paper and without device. The aldermen for each ward shall be voted for on one ballot.

Sec. 12. At the close of the election the votes shall be counted by the judges and such persons voted for as aldermen receiving the highest number of votes shall be declared elected aldermen, and if of the persons voted for as aldermen there shall be any two or more having an equal number of votes, the judges shall decide by ballot the election between such persons; and the person or persons so chosen shall be declared elected: Provided, that when any question or matter is to be decided by vote of the judges of election, the registrar shall not cast his vote except in case of tie, in which case he shall cast the deciding vote.

Sec. 13. The aldermen shall have authority to fill any vacancy occurring in the office of inspector of election or registrar by death, permanent disability or otherwise up to the day of election, and if on that day any vacancy should be or occur, or if any inspector or registrar shall be absent at the time for the opening of the polls on said day, it shall be the duty of the mayor to fill said vacancy forthwith, and the person or persons so appointed shall have all the power vested in the regular appointed inspector or registrar, and shall be subject to the same requirements and penalties: Provided, that any inspector of elections or any registrar who shall willfully absent himself from the polling place when his attendance thereat is required by law, or shall otherwise willfully delay or obstruct the business of said election, shall be guilty of a misdemeanor and shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Sec. 14. At the close of the election and of the counting of the votes the judges shall immediately make out, subscribe and certify two statements of said election and return one to the register of deeds of Moore County and return the other to the clerk of the town, and the said register of deeds and the said clerk shall duly record the same in their respective offices, and the registration and poll lists shall be duly subscribed by said judges or election and returned to the clerk of the town.

Sec. 15. The aldermen so elected, and the mayor, after his election, and all other officers of the town required to take an oath, shall, before entering upon their duties, take and subscribe before the proper officer the respective oaths specified by chapter sixty-two, volume two of The Code, entitled "Towns and Cities."

Sec. 16. That the board of aldermen, at their first meeting after their election, shall choose some person not one of their own number to be mayor of said town, to hold his office until his successor shall qualify, who shall preside at the meetings of the board of aldermen and have the rights and powers and perform all the duties prescribed by law for such officers. For misconduct in office the mayor may be removed from his office by a vote of a majority of said aldermen, and upon such office becoming vacant for any cause the board of aldermen shall fill the same for the unexpired time.

Sec. 17. That any person elected as mayor or commissioner 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-five dollars.

Sec. 18. That the mayor of the town of Sanford is hereby constituted a special court, with all the jurisdiction and powers in criminal offenses occurring within the limits of said town which are or may hereafter be given to justices of the peace; he shall preserve and keep the peace, and may cause, upon proper proceedings, to be arrested persons charged with or convicted of crimes in other counties or states, who may be found in the town limits, and bind or imprison them to appear at the proper tribunal to answer for their offenses. He shall also have jurisdiction to issue process, to hear and determine all misdemeanors consisting of a violation of the ordinances and regulations of the town or the provisions of this act, where the same is not exclusively within the jurisdiction of the superior court, to enforce penalties by issuing execution upon any adjudged violation thereof; to execute the laws and rules made by the commissioners; and his endorsement of the names of witnesses upon a summons or warrant shall be authority for the officers to execute the same (and he may issue process without complaint when he is satisfied that there has been a violation of the law): Provided, that he shall not have jurisdiction of laws of any nature or amount other than such whereof a justice of the peace may take cognizance, unless specially allowed by this act.

Sec. 19. That all proceedings in the mayor's court shall be the same as are now or may hereafter be prescribed for courts of justices of the peace, and in all cases there shall be a right of appeal to the superior court of Moore county, and causes may be removed from before the said court in the same manner as prescribed in The Code for removal from the courts of justices of the peace. The mayor shall keep a faithful record of the precepts issued by him, and of all his official proceedings. The judgments rendered by him shall have all the force, virtue and validity of judgments rendered by justices of the peace, and may be executed and enforced against all parties in Moore county and elsewhere in the same manner and by the same means as if the same had been rendered by a justice of the peace of the county of Moore.

Sec. 20. That all fines and penalties imposed and collected by the mayor, sitting as justice of the peace, and all fines and penalties imposed in consequence of a violation of the town ordinances or the provisions of this act, except as herein expressly otherwise provided shall inure to the exclusive benefit of the town of Sanford.

Sec. 21. That when a defendant or witness or any other person shall be adjudged to be imprisoned by said court, it shall be competent for the said court to sentence such person to imprisonment in the county jail of Moore county or the calaboose or guardhouse of the town for a term not exceeding thirty days, and to adjudge that such person work during the term of his confinement on the public streets or other public works of the town; and in all cases where judgments may be entered up against any person for fines or penalties according to the laws and ordinances of said town and the person against whom the case is so adjudged refuses, or is unable, to pay such judgment, it shall be lawful for the mayor before whom such judgment is entered to order and require such person so convicted to work on the streets or other public works of the town, until, (at) such rates of wages as are now or shall be fixed by the aldermen, such person shall have worked out the full amount of such judgment and costs of the prosecution.

Sec. 22. That any person who shall violate any ordinance of the town of Sanford shall be guilty of a misdemeanor and on conviction thereof shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Sec. 23. That the mayor shall keep his office in some convenient part of the town, designated by the aldermen. He shall keep the seal of the corporation, and perform such duties as from time to time shall be prescribed, and he shall receive for his services the same compensation as a justice of the peace receives for like services, and may receive a salary in addition thereto as mayor or in lieu thereof, not to exceed one hundred dollars per annum, to be allowed by the board of aldermen. He shall preside at all meetings of the board of aldermen, except as otherwise herein provided, and when there is an equal division upon any question, or in the election of officers by the board, he shall determine the matter by his vote, and he shall vote in no other case.

Sec. 24. That the aldermen shall form one board and a majority of them shall be competent to perform all the duties prescribed for the aldermen unless otherwise provided. Within five days after their election they shall convene for the transaction of business, and fix days of meetings for the year, which shall be as often as once in every month. Special meetings of the aldermen may be held on the call of the mayor or a majority of the aldermen, and all the aldermen, when the call is made by the mayor, and those not joining in calls, when made by a majority of the board, shall be notified.

Sec. 25. That the aldermen when convened shall have power to make and provide for the execution thereof, such ordinances, by-laws, rules and regulations for the better government of the town as they may deem necessary: Provided, the same be consistent with the provisions of this act and the laws of the state.

Sec. 26. The aldermen of said town shall have power to open and lay out any new street or streets within the town limits, and to widen, enlarge, make narrower, change, extend or discontinue any street or streets, or any part thereof, and to construct and repair sidewalks or any of the streets of the town; they may prevent dogs, horses, cattle, swine, and all other brutes from running at large within the town, and may prevent hogs from being kept within the town; may prohibit the riding or running of horses or other animals at a speed greater than six miles per hour within the town, and may prohibit the running of trains, engines or cars within the town at a greater speed than six miles per hour, and may require any persons or companies or corporations operating a railroad in said town to establish gates or station watchmen or flagmen at any of the public crossings of said roads, and may prohibit the firing of guns, pistols, crackers, gunpowder of other explosive, or combustibles or dangerous material on the streets or within the town; may establish and regulate the markets and employ a weighmaster and keeper of the market and fix their fees; may provide graveyards in or near the town, and regulate and maintain the same, employ a keeper, compel the keeping and returning of bills of mortality, and prohibit interments in the town; may provide for the protection against fires by the establishment and equipment of fire companies or otherwise; may take such measures as they deem necessary to prevent the entrance into or spread within the town of infectious or contagious diseases; may abate nuisances at the cost of the person on whose premises the same may be located, and by any reasonable means may prevent encroachment on the streets by awnings, signs, porticoes, or other obstructions; may fix ordinances for the due observance of Sunday, and in general have power to make such by-laws and adopt such regulations or ordinances for the government of said town as a majority of them may deem necessary to promote the interests and insure the good order and government of said town, and make all such other police regulations and ordinances as the interests, comfort and convenience of the citizens of said town may require.

Sec. 27. The said aldermen shall have power to establish, maintain and operate a plant or system of waterworks for furnishing in said town a water supply, and a plant for furnishing lights, and may establish rules and regulations for the government, maintenance and operation thereof; and for the operation, care and superintendence thereof may appoint a superintendent or superintendents, commissioners, committees, or such officers as in their opinion may be expedient, fixing their compensation, and in the discretion of the board of aldermen, requiring of them suitable bonds for the proper conduct of their office.

Sec. 28. That the aldermen, at their first meeting after their election, shall appoint a clerk, a treasurer, a constable and a collector of taxes (the constable and tax collector may be the same person), who shall hold their offices during the official term of the aldermen who appointed them, subject to removal for misbehavior or neglect in office. The aldermen shall likewise have power to appoint a street commissioner and regulate his compensation, and may employ an attorney or attorneys for the town and fix their compensation. Before acting, the clerk shall be sworn to the faithful discharge (of) his duty, and the treasurer, the constable and the collector of taxes shall take and subscribe the oaths and execute bonds in such sum as the commissioners shall fix, which are prescribed in chapter sixty-two, volume two, of The Code, entitled "Towns and Cities."

Sec. 29. That the clerk may have a reasonable salary, fixed by the board of aldermen, and it shall be his duty to keep regular and accurate minutes of the proceedings of the board, and to preserve all books, papers and articles committed to his care during his continuance in office, and deliver them to his successor, and generally to perform such other duties as may be prescribed by the aldermen and this charter.

Sec. 30. That the treasurer shall make out annually a fair transcript of the receipts and disbursements on account of the town and post the same for the inspection of citizens at the end of every fiscal year; and for failure so to do shall forfeit and pay to him who shall sue therefor one hundred dollars.

Sec. 31. That it shall be the duty of the treasurer to receive and hold for the use of the town all moneys or securities belonging thereto; to disburse the funds only upon order drawn upon him in the manner herein specified; he shall keep in a book provided for that purpose an accurate account of all moneys received and disbursed by him, and shall submit said account to the aldermen whenever required so to do; and shall make monthly reports to the aldermen as required by chapter sixty-two, volume two, of The Code. On the expiration of his office he shall deliver to his successor all the books, moneys, securities and other property entrusted to him for safe keeping or otherwise.

Sec. 32. All orders on the treasurer shall be signed by the mayor and countersigned by the clerk, and shall state the purpose for which the money is applied, and the treasurer shall specify said purpose on his accounts, and also the sources whence are derived the moneys received by him.

Sec. 33. The tax collector shall have the same power and authority in the collection of taxes as sheriffs have, and shall be subject to the same fines and penalties for neglect of duty. He shall be charged with the sum appearing by the tax list as due for town taxes. He shall be credited in settlement as sheriffs are credited, with all accounts in suit by appeals, all poll taxes and personal property taxes declared by the board insolvent and uncollectable. He shall not retain in his hands over fifty ($50.00) dollars for a longer time than five days, under a penalty of ten per centum per month to the town on all sums so retained.

Sec. 34. The board of aldermen shall, at the meeting before the last regular meeting in each year, appoint one or more of their number to be present and assist at the accounting and settlement between the tax collector and town treasurer, and to audit and settle the accounts of the town clerk and treasurer. The accounts so audited shall be reported to the board of aldermen and when approved by them shall be recorded in the minute book of said board. It shall be the duty of said board to remove any tax collector who shall fail to settle and fully pay up the taxes by law due him, and he shall not be eligible to reelection to said office.

Sec. 35. That in order to raise a fund for the expenses incident to a proper government of the town and improvement thereof, the aldermen may annually levy the following tax:

(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 valorem, a tax not exceeding fifty cents on the hundred dollars worth of property.

(2)

On all taxable polls, a tax not exceeding one dollar and fifty cents on those who may be resident in the town on the first day of June of every year, or may have been so resident within sixty days next preceding said day.

(3)

On every one hundred dollars value of goods, wares and merchandise purchased for resale by any merchant trading within the town within one year next preceding the first day of June of the year in which the same is listed, a tax not exceeding ten cents.

(4)

On all dogs kept in the town and which may be so kept on the first day of June, a tax not exceeding five dollars: Provided, however, that a discrimination within this limit may be made on the different species and sexes of dogs.

(5)

On all swine and goats not prohibited by the aldermen to remain in the town, when confined, a tax not exceeding five dollars a head.

(6)

On every express company, on every telegraph or telephone company doing business in the town, a tax not exceeding one per centum of its gross receipts in the town, to be given in on oath by the managing agent of such company annually at the same time when other taxes are listed, and under the same penalty as that prescribed by the law of the state.

(7)

Upon every auctioneer or crier of goods at public auction a license tax not exceeding fifty dollars a year: Provided, that this section shall not conflict with the provisions of section twenty-two hundred and eight-four of The Code.

(8)

Upon every stock and bond broker, junk dealer and pawnbroker, sewing machine company or agent of such company, dealer in or manufacturer's agent of musical instruments, keeper of sale stable or stock yards, doing business in the town, a license tax not exceeding twenty-five dollars a year.

(9)

Upon every lawyer, physician, cotton broker, bill poster, street huckster, photographer, merchandise or produce broker, ice dealer, dealer in wood and coal or either, insurance company or insurance agency for every company represented, and every skating rink and shooting gallery, a license tax not exceeding ten dollars a year.

(10)

Upon every other occupation, profession or business not herein specially named, a license tax not exceeding twenty-five dollars a year.

Sec. 36. The aldermen, at the last regular meeting in April, shall appoint a list taker, whose duty it shall be to take the list of property, polls and subjects of taxation within the town. Immediately after his appointment he shall make advertisement thereof at three public places in the town, notifying all persons required by law to give in their polls or property for taxation to list the same before him during the month of June; and he shall attend for two days at a place specified in said notice, in said town, to list said property, polls and subjects of taxation. In so far as may be consistent with this act, his powers and duties shall be the same as are conferred by law on the township list taker, and his compensation shall be such as the board of aldermen may allow. It shall be his duty to obtain from the township list taker, provided the list of the latter has not been returned, and if it has been returned, then from the register of deeds for Moore county, who shall furnish the same on demand, a list of the property, with valuation thereon, as returned or to be returned for taxation included within the corporate limits of the town of Sanford, or subject to be taxed by this charter; and in making out his list he shall place upon all real property within the town the same valuation as is placed thereon in said township tax list for taxation for state and county purposes, and he shall return his list to the clerk of the town on or before the first Monday of July of every year.

Sec. 37. All persons liable to taxation by this charter shall, during the month of June in every year, render to the list taker herein mentioned, on a blank to be furnished by the aldermen, a list of their property and subjects for which they may be liable to be taxed under all the rules and penalties prescribed for listing state and county taxes, and as prescribed in this charter. The said list or return shall be in manner and form and contents the same, as near as may, be, as is required in listing state and county taxes and the verification thereof and in regard thereto the same; and any person making a false return shall be guilty of perjury. The person listing shall swear to a true value of all property, choses in action and other subjects listed except land; and property held in trust shall be returned on a separate list.

Sec. 38. If any person or company shall fail to render to the list taker a list of property or other taxables, or if any person liable to poll-tax shall fail to give himself in within the time prescribed by this charter, such person or company shall pay double the tax assessed on any subject for which said person or company is liable to be taxed; and any person who shall list any property in the name of any person or company other than the real owner, or who shall fail to disclose the real state of the title thereto, if interrogated concerning the same, shall be guilty of a misdemeanor and shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Sec. 39. That all persons who are liable for a poll-tax to the said town and who shall willfully fail to give themselves in, and all persons who own property subject to taxation in said town, or whose duty it is to list property, and who shall willfully fail to list the same within the time required by law, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding twenty-five dollars or imprisoned not exceeding ten days.

Sec. 40. That the board of aldermen shall meet on the second Monday night of July of every year to examine and revise the tax list. They shall constitute a board of equalization, with full power upon notice to the party concerned, and for cause, to increase or diminish the valuation upon any property, real or personal, subject to taxation by this charter, to secure a fair distribution of the taxes; and to that end they may subpoena and examine witnesses, administer oaths and have all the power that county commissioners have with respect to the revision of the tax list: Provided, that they shall endeavor to make the list of taxables within the town conform to the list for the state and county taxation: And provided, that the increase or diminution of the valuation of any real property shall not exceed fifteen per centum of the valuation fixed therefor by the township assessors, unless it be in consequence of some improvement added thereto or subtracted therefrom since such assessment. The board shall have power to assess the value of such portion of any property as may be included within the town limits in cases where the boundaries of the town shall cross said property, and there is in consequence thereof no assessment of the value of the same by the town assessors. The board shall have power to adjourn from time to time to complete said revision.

Sec. 41. That as soon as the tax list has been revised the board of aldermen shall proceed to levy the tax on such subjects of taxation as they shall determine, and shall place the tax list in the hands of the tax collector for collection, who shall proceed forthwith in the collection and shall complete the same on or before the first day of November next ensuing, and shall pay the moneys as they are collected to the treasurer, and the tax collector shall receive for his compensation not more than five per centum on the amount collected, as the board of commissioners shall determine. On the first day of November there shall be a penalty of one per centum added to the amount of taxes due, and an additional penalty of one per centum on the first day of every month until the same are paid.

Sec. 42. That if any person liable to taxes on subjects directed to be listed shall fail to pay them within the time specified for collection, the collector shall forthwith proceed to collect the same by distress and sale, all sales to be made after public advertisement, for the space of ten days, at five public places within the town, if the property sold be personalty, and thirty days if the property be realty; and the said collector shall have the right to levy upon and sell any personal property situated outside the limits of the town and within the county of Moore, belonging to a delinquent taxpayer, to enforce the payment of the taxes due the town by said delinquent.

Sec. 43. That when the tax due on any lot or other land (which is hereby declared to be a lien on the same) shall remain unpaid on the first day of November, the tax collector shall either proceed to collect the same by a levy and sale of personal property belonging to the owner of said lot, or shall report the same to the aldermen with a particular description of the real estate, and thereupon the aldermen shall direct the same to be sold at some public place in the town designated by them; the collector shall, before selling the same, make advertisement at five or more public places in said town, and shall also serve upon the owners thereof a written or printed notice of the taxes due and the day of sale; but no notice need be given any person having or claiming any lien on said land by mortgage or otherwise. Should the owner not be in the town, or if for any cause the owner can not be served with notice, then the advertisement of said real estate shall be for four weeks in some newspaper published in the county of Moore; and the collector shall divide the said land into as many parts as may be convenient (for which purpose he is authorized to employ a surveyor), and shall sell as many thereof as may be required to pay said taxes and all expenses attendant thereon. If the same can not be conveniently divided, the collector shall sell the whole, and if no person will pay the whole of the taxes and expenses for the whole of the land, the same shall be struck off to the town; and if not redeemed, as hereinafter provided, shall belong to the town in fee.

Sec. 44. That the collector shall return an account of his proceedings, specifying the portions into which the land was divided and the purchaser or purchasers thereof, and the prices of each; and if there be a surplus after paying the said taxes and expenses, the same shall be paid to the town treasurer, subject to the demands of the owners.

Sec. 45. That the owner of any land sold under the provisions of this charter and amendments, his heirs, executors and administrators, or any person acting for them may redeem the same within one year after the sale by paying the purchaser the sum paid by him and twenty-five per centum on the amount of taxes and expenses; and the treasurer shall refund to him, without interest, the proceeds, less double the amount of taxes.

Sec. 46. That if the real estate sold as aforesaid be not redeemed within the time specified, the corporation shall convey the same in fee simple to the purchaser and his assigns; and the recitals in such conveyance, or in any conveyances of lands sold for taxes due the town, that the taxes were due, or of any other matter required to be true or done before the sale might be made, shall be prima facie evidence that the same was true and done.

Sec. 47. That the real estate of infants or persons non compos mentis shall not be sold for taxes, and when the same shall be owned by such in common with other persons free from such inability, the same shall be made according to section ninety-two, chapter ninety-nine, of The Code.

Sec. 48. That in addition to the subjects to for taxation before named, the aldermen may levy a tax on the following subjects, the amount of which tax, when fixed, shall be collected by the town constable immediately, and if the same be not paid on demand, it may be recovered by suit or the articles on which the tax is imposed, or any other property of the owner may be forthwith distrained and sold to satisfy the same:

(1)

Upon all itinerant merchants or peddlers offering to vend in the town, a license tax not exceeding fifty dollars a year or part thereof, except only such as sell books, charts or maps, or wares of their own manufacture, but not excepting venders of medicines, by whomsoever manufactured; not more than one person shall peddle under a single license.

(2)

Upon every company of circus riders, or performers by whatsoever name called, who shall exhibit within the town, a license tax not exceeding fifty dollars for each exhibition; and upon any side-show connected therewith, a license tax not exceeding ten dollars, the tax to be paid before exhibition; and if not, to be doubled.

(3)

Upon every person or company exhibiting within the town stage or theatrical plays, sleight-of-hand performances, rope-dancing, tumbling, wire-dancing or menagerie, a tax not exceeding twenty dollars, to be paid before exhibition, or the same shall be doubled.

(4)

Upon every exhibition for reward of artificial curiosities (models of useful inventions excepted), a tax not exceeding twenty dollars, to be paid before exhibition, or the same shall be doubled.

(5)

Upon each show or exhibition of any other kind, and on each concert for reward, in the town, and on every strolling musician, a tax not exceeding ten dollars, to be paid before exhibition or the same shall be doubled.

(6)

Upon any dog which may be brought into the town after the first day of June, to be kept therein, a tax not exceeding five dollars, for permission to keep said dog in the town, which permission shall not extend beyond the last day of May next ensuing.

Sec. 49. That when any land or right-of-way shall be required by the town of Sanford for the purpose of opening new streets or for any other purpose allowed by its charter, and for want of agreement as to value the same can not be purchased from the owner or owners, the same may be taken at a valuation to be made by five freeholders of the town, to be named by the aldermen; and the said freeholders, after having been duly sworn by a justice of the peace of the county, shall assess the losses or damages which may accrue to the owner or owners in consequence of the land or right-of-way having been surrendered, and upon payment to the owner or owners of such sum or lodgment thereof with the clerk of the superior court of Moore county, in case he shall refuse to accept it, the land so valued by the freeholders shall vest in the town so long as it may be used for the purposes of the same: Provided, that if either the owners of said land or the commissioners of the town shall be dissatisfied with such valuation, the party dissatisfied may appeal to the next term of the superior court of Moore county, to which the said freeholders shall return their valuation, with their proceedings therein; and the town shall acquire an immediate right to the use of said lands notwithstanding said appeal.

Sec. 50. That the board of aldermen may appoint as many policemen as they deem necessary for the better control and government of the town, at such rates of pay and for such times and for such length of time as they think proper. The said policemen shall be under the control of the town constable as chief of police. The town constable, and each member of the police force shall have all the authority vested in sheriffs for the preservation of the peace of the town, and apprehending offenders. They shall execute all process directed to them by the mayor or other proper authority, and in the execution thereof shall have the same power that sheriffs or constables have. The town constable and policemen shall receive for their services such fees as sheriffs receive for like services, or in addition thereto, or in lieu thereof, such compensation as the board of aldermen may allow.

Sec. 51. That the mayor may issue his precepts, processes and warrants to the town constable and to such other officers to whom a justice of the peace may issue his precepts, and the same may be served by the town constable or other officer authorized to serve process, anywhere in the county of Moore.

Sec. 52. That the constable or policemen of said town may arrest any offender against the laws or ordinances thereof, without process, and if between the hours of seven o'clock p.m. and sunrise, may confine the offender in the guardhouse for safe keeping until he may be brought before the mayor and a warrant obtained for his detention and trial; and when any person arrested by the constable or policemen of said town shall be intoxicated, it shall be lawful to confine him in the guardhouse for safe keeping until he becomes sufficiently sober to be brought before the mayor for trial.

Sec. 53. That the aldermen have power at any time to fill vacancies in office of which the incumbent was appointed by said board.

Sec. 54. That all persons residing within the corporate limits who would, if they resided outside the town, be liable to work on the public roads, shall be liable to work on the streets of the town, and shall not be liable to work on roads outside the town; and any person who shall fail to attend and work on the day appointed, being liable to work on said streets, after having been summoned so to do by the street overseer or commissioner in like manner as is by law provided for summoning hands to work on the public roads, shall be guilty of a misdemeanor, and fined not exceeding five dollars or imprisoned not exceeding ten days: Provided, that if any person so summoned shall, previous to the day appointed for working said streets pay one dollar to said street commissioner, to be used in repairs of said streets, such person shall be relieved from working the streets for that day.

Sec. 55. That the streets may be worked by funds raised by taxation or general funds of the town of by assessment of labor or by both.

Sec. 56. That any person who shall wantonly, willfully or maliciously deface, injure or destroy any of the property of the town, or shall wantonly or willfully break the pound or place where animals are confined by authority of the laws and regulations of the town, or let out any animal confined therein, such person shall be guilty of a misdemeanor, and on conviction fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Sec. 57. The aldermen, by proper ordinance to that effect, may cause to be seized and impounded any animal prohibited by law or the ordinances of said town from running at large in said town, and if the owner, on being notified, will not pay the cost of taking up and keeping said animal, at rates to be fixed by the aldermen, or if said owner can not be found, the animal shall be sold therefor at such place as the aldermen may designate, after three days' notice at three public places in the town.

Sec. 58. It shall be unlawful for any person or company operating any railroad in the town of Sanford to keep any public crossing is said town closed or obstructed by engine, tender, cars or in any other manner, longer than five minutes at a time, when the said crossing shall be opened and kept open for a reasonable length of time for the passage of those desiring to cross; and any person or company offending against this section shall forfeit and pay to the use of the town fifty dollars, recoverable before the mayor or any justice of the peace of Moore county; and any person or persons in charge of said train or cars and willfully violating this section, or aiding or assisting in violation thereof, shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided, that nothing in this section shall be so construed as to prevent the necessary repairs of said crossings and roads by said person or companies.

Sec. 59. That the aldermen of the town of Sanford are hereby authorized and empowered, and it shall be their duty, to cause an election to be held at the various polling places in said town, at such time as said aldermen may appoint, within twelve months from the ratification of this act, and to submit to the qualified voters of said town the question of issuing bonds to the amount of ten thousand dollars, for the purposes and under the provisions hereinafter named in this act, and levying and collecting annually a special tax to provide for the payment of the interest thereon and to provide for the payment of the principal of said bonds when they shall become due. The said election shall be advertised by the aldermen of the said town for thirty days prior to said election, in some newspaper published in said town, and if no newspaper be published in said town, then at least in one public place in each ward therein, and held under the same rules and regulations prescribed for the election of aldermen in the charter of said town, and amendments thereto. Those who are in favor of issuing said bonds and levying and collecting said tax shall vote a written or printed ticket with the words "For bonds" thereon; those who are opposed shall vote a written or printed ticket with the words, "Against bonds" thereon. The result of said election shall be ascertained by the judges of election of the different wards and certified and returned by them to the aldermen of the town of Sanford in two days from the day of election, who shall verify and also certify such result and cause the same to be recorded in their minutes, and shall also make return of said result, under the signature of the mayor and clerk of said town, to the register of deeds of Moore county, who shall duly record the same.

Sec. 60. That the proceeds arising from the sale of said bonds shall be applied to the following purposes: for furnishing the town of Sanford with water and lights, or either.

Sec. 61. That if a majority of the qualified voters shall vote for bonds, then the aldermen of said town shall issue coupon bonds to the sum of ten thousand dollars, and in denominations of not less than one hundred and not more than one thousand dollars, maturing not less than twenty and not more than thirty years from the date of issue. The said bonds shall bear interest from date at a rate not exceeding six per centum per annum, payable semi-annually at the office of the treasurer of said town on the first day of January and the first day of July of every year: Provided, that said bonds shall be issued and sold for the purposes named and provided for in section sixty-two of this act, and each of said bonds shall bear upon its face a reference to this act and statement that it is issued thereunder. The bonds and the coupons shall be numbered and the bonds shall be signed by the mayor of said town and countersigned by the clerk of the board of aldermen, and a record shall be kept of all bonds, showing the number, amount and to whom sold. The coupons shall be received in payment of all taxes, fines and debts due said town. Said bonds shall be sold for not less than par value.

Sec. 62. In order to pay the interest on said bonds, the aldermen of said town are hereby authorized, and it shall be their duty, to annually compute and levy, at the time of levying other taxes of said town, a sufficient special tax upon all polls and property, real and personal, and other subjects of taxation mentioned in the charter of said town, always observing the constitutional equation between the tax on property and the tax on polls, not exceeding thirty cents on one hundred dollars valuation of property, and ninety cents on each poll, with which to regularly and promptly pay the interest on said bonds. Said taxes shall be collected in the same manner and at the same time as (all) the other taxes of said town are collected, and shall be paid over by the town tax collector to the treasurer of said town, which officers shall give justified bonds in amounts amply sufficient to cover said taxes, the former officer for collecting and paying over, and the latter for the safe keeping and proper disbursement of said funds.

Sec. 63. The taxes levied and collected for the purposes specified in section sixty-two of this act shall be kept separate and distinct from any and all other taxes, and shall be used only for the purposes for which they were levied and collected, and any mayor or aldermen who shall appropriate by vote or otherwise to any purpose, directly or indirectly, other than that for which they were levied any of said special taxes, or any part thereof, or shall in any other way violate the provisions of this act, shall be guilty of a misdemeanor: Provided, that if the taxes levied and collected for the payment of interest shall in any year exceed the sum required for that purpose, the amount in excess shall be applied to the credit of the interest fund for next succeeding year; and the said aldermen, at the time of levying the taxes for payment of interest for said next succeeding year, shall take into consideration said excess and compute and levy taxes accordingly.

Sec. 64. For the purpose of paying the principal of the bonds issued under this act, it shall be the duty of said aldermen, at the time of levying other taxes, beginning at least ten years before the maturity of the respective bonds issued under authority of this act, to annually levy and collect a special tax in addition to that mentioned in section sixty-two of this act for the payment of said bonds as they mature, and the tax provided for in this section shall equal in amount one-tenth of the amount of said bond or bonds falling due next after the tenth annual levy and collection of taxes from and including said first levy and collection for said purpose, in such manner that at the maturity of each and every of said bonds a sufficient amount shall have been levied and collected for the payment thereof.

Sec. 65. That it shall be the duty of said aldermen to annually invest any and all money arising from the special tax collected under section sixty-four of this act in the purchase of any of said bonds at a price deemed advantageous to said town by said aldermen; but in case said bonds can not be purchased as herein provided the said aldermen may lend said sinking fund, or any part thereof, in such sums as they may deem proper, and for such lengths of time as they deem best: Provided, that said loans shall mature in such manner that such part of said loaned fund as shall be needed to pay off said bonds as they fall due shall become due at least six months before the maturity of said bonds. The said aldermen may take as security for the repayment of said loans and for the payment of the interest thereon, mortgages and deeds in trust in the name of the mayor, or sufficient real estate, or bonds issued under this act may be taken as collateral security for such loan. The notes or other evidences of debt given for any loan under this section shall be executed to and in the name of the aldermen of the town of Sanford, and shall bear interest, payable annually, at a rate not less than six per centum per annum; and in case the aldermen of said town shall not be able to invest any or all said money annually, as directed above, they may, and it shall be their duty, to cause such part as they may be unable to invest to be deposited with some bank, trust company or safe deposit company of undoubted solvency, at the best obtainable rate of interest; and any and all interest arising from the said investments shall be reinvested in the manner above provided.

Sec. 66. That the net profits arising from the operation of the water and light plants, by the town, for any year, shall be applied to the payment of said bonds or interest thereon; and the said net profits in the treasury at the time of levying tax for the payment of interest and principal of said bonds, or either, shall be taken into consideration in computing said taxes and levying the same.

Sec. 67. That the aldermen of said town shall have power to contract for a water supply and for furnishing the town with lights; they shall have power to make permanent and exclusive contracts with any individual, corporation or company to build waterworks and furnish said town with water, and grant exclusive privileges and permission to use the streets of the town for said purpose. They may have work done on the country roads leading into the town, and appropriate money from the town treasury not otherwise appropriated, to pay for such work and improvement. They shall have power to exempt from taxation such manufacturing establishments in the town of Sanford as they may think proper and for the best interests of the community.

Sec. 68. That the signatures of the mayor and five of the aldermen of said town shall be sufficient in executing any deed for the conveyance of property by the town, after the same shall be ordered by a majority of the board.

Sec. 69. That the town of Sanford shall have all the powers, rights, privileges and immunities conferred or hereafter to be conferred on towns and cities of (by) chapter sixty-two, volume two, of the Code, and amendments thereto, and by such acts as may hereafter be passed by the general assembly with reference to towns and cities, when the same are not inconsistent with this charter or within its provisions; and no powers, rights, privileges or immunities belonging to the town of Sanford by any other act or acts shall be hereby lost or abridged; and wherever in any respect this act may be silent or of no effect as to any procedure of the time and manner of doing any act, or the enforcement of any right, the general laws of North Carolina governing in that respect shall be applicable to the town of Sanford.

Sec. 70. That in order to facilitate the carrying into effect immediately the provisions of this act, T.L. Bass is hereby appointed mayor, and the following are hereby appointed aldermen of the town of Sanford, with all the powers and authority conveyed and conferred upon said officers by this charter, to hold their offices until their successors are elected and qualify: For the first ward, A.P. McPherson and G.H. Makepeace; for the second ward, J.B. King and W.J. Edwards; for the third ward, R.R. Riley and E.C. Moffitt; for the fourth ward, J.K. Perry and I.H. Lutterlow; for the fifth ward, John G. Phillips.

Sec. 71. That all laws inconsistent herewith or coming within the provisions of this act are hereby repealed, in so far as they affect the town of Sanford.

Sec. 72. That this act shall be in force from and after its ratification.

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

(Private Laws of 1899, chapter 307)