New Bern, N.G. Charters. 
 
 Charter of the City of New Bern 
 
George Washington Flowers 
 Memorial Collection 
 
 DUKE UNIVERSITY LIBRARY 
 
 ESTABLISHED BY THE 
 FAMILY OF 
 COLONEL FLOWERS 
 
Digitized by the Internet Archive 
 in 2015 
 
 https://archive.org/details/charterofcityofn01newb 
 
lAR 
 
 OF Newbern 
 
 ORDINANCES 
 
CHARTER 
 
 OF THE 
 
 Cll^Y OF NeWBERN 
 
 AND 
 
 ORDINANCES 
 
 OF THE 
 
 BOARD OF COUNCILMEN. 
 
 PASSEB AND ADOPTED 1st DAY DECEMBER, 1885. 
 
 NEWBERN, N. C. 
 
 N. S. RICHARDSON & SON, PRACTICAL BOOK AND JOB PRINTERS. 
 
 1886. 
 
City Clerk axd Tax Collector: 
 R. D. HAXCOCK. 
 
 Treasurer: 
 J. W. MOORE. 
 
 City Marshal: 
 JOHX M. HARGET. 
 
 Sextox Cemeteries: 
 
 W. N. RUSS, Cedar Qrove, R. WILLIAMS, Green^vood. 
 
 Mayor: 
 E. H. MEADOWS. 
 
 COUXCIL^IEX: 
 
 WM. ELLIS, 
 
 E. W. SMALLWOOD, 
 
 J. W. MOORE. 
 
 V. A. CRAWFORD, 
 
 F. W. HAXCOCK, 
 J. H. HACKBURX, 
 ALEX. MILLER, 
 X. H. STYRON. 
 
 AttORXEYS : 
 
 SIMMONS & MAXLY. 
 
 Port Physiciax: 
 Dr. F. W. hughes. 
 
I 
 
 * 
 
CONTENTS. 
 
 Page, 
 
 I— INDEX TO CHARTER, 7 
 
 II— CHARTER, 9 
 
 III— ORDINANCES, 22 
 
 Chapter 1. — Rules for the Government of the Board, ....22 
 
 " 2. — Police Organization, 24 
 
 " 3. — Streets and Pumps, 28 
 
 " 4.— Fire Department, . . ................. . 34 
 
 " 5. — Disorderly Houses, &c., 86 
 
 " 6. — Observance of the Lord's day, 87 
 
 7.— The Market, 38 
 
 " 8. — Nuisances, 40 
 
 " 9. — Dogs and other Animals.. 42 
 
 " 10. — Cemeteries, 45 
 
 " 11. — Payment of Money, 48 
 
 " 12. — Infectious Diseases, 48 
 
 " 13. — Miscellaneous, , .50 
 
INDEX TO CHARTER. 
 
 Sec. 
 
 1. Who shall be body corporate, how styled. 
 
 2. Election and qualification of councilmen. 
 
 3. Vacancy in Board or Mayoralty, how supplied. 
 
 4. Penalty for failing to qualify as councilmen. 
 
 5. Board may appoint Mayor in case of vacancy. 
 
 6. Duty of Mayor to preside over Board. 
 
 7. General duties of Mayor. 
 
 8. iVEayor may commit or fiine on conviction. 
 
 9. Appointment of City Marshal, bond, term of office. 
 
 10. Duties of Marshal regarding fines, &c. 
 
 11. Duties of Marshal to preserve peace. 
 
 12. Qualification of voters, penalty for fraudulent voting. 
 
 13. Penalty for fraudulent registration. 
 
 14. Appointment of Registrars of Election, time of opening books ; Regis- 
 
 trar may transfer from old books. 
 
 15. Failure of Registrar to act, who may fill vacancy. 
 
 16. Failure of Inspectors to act, who may fill vacancy. 
 
 17. Appointment of Port Physician, iVttorney, Sexton, Policemen, how 
 
 office held. 
 
 18. Power of Board to make ordinances. 
 
 19. Punishment for violating ordinance. 
 
 20. x\batement of nuisance. 
 
 21. To move persons with infectious disease, 
 
 22. May recover expense of removal. 
 
 23. Power to quarantine. 
 
 24. Regulations concerning strays. 
 
 25. No officers of city to become contractor thereof. 
 
 26. No court fees charged against city in certain cases, 
 
 27. Appropriation of fines and costs. 
 
 28. Salaries of officers. 
 
 29. Necessary vote of Board for appropriation. 
 
8 
 
 Sec. 
 
 30. Dog Tax. 
 
 31. Failure to give in Dog Tax a misdemeanor. 
 
 32. Power to levy License Tax — regulations concerning same. 
 
 33. Penalty for practicing trades, &c. without license. 
 
 34. License Tax may be paid monthly ; powers concerning same. 
 
 35. Tax Collector ; bond, duties, &c. 
 
 36. Treasurer; appointment, bond, duties, &c. 
 
 37. Tax; Real, Personal, Poll, amount, reserve fund. 
 
 38. Reserve fund for Fire Department. 
 
 39. Limit after payment of reserve fund. 
 
 40. No sale for taxes invalid for irregularity. 
 
 41. Sale of property of non resident. City may purchase; regulations of 
 
 sale ; infants, &c. 
 
 42. Redeeming real estate. 
 
 43. Personal property first liable. 
 
 44. Ko compensation to auditors. 
 
 45. Regulations of sheds, bridges, sidewalks, &c. 
 
 46. Extra Police. 
 
 47. Records of city open to inspection. 
 
 48. Ordinances kept in book. 
 
 49. Publication of Ordinances to make valid. 
 
 50. Contracts over $200 in writing. 
 
 51. Rates for appropriation recorded in minutes. 
 
 52. Registrar to cast vote in event of tie. 
 
 53. Ratification of Charter. 
 
 An Act to Amend the Charter of the City of Newbern— 1881. 
 1. Publication of Ordinances to make valid. 
 
 An Act for the better protection of Farmers and Fishermen— 1881. 
 
 An Act to establish Graded Schools in the City of New^bern— 1883. 
 
 An Act to Amend the Charter of the City of Newbern— 1883. 
 
 1. Tax on Real Estate — limitation. 
 
 2. Purchase of Fire Engine. 
 
 An Act to Amend the Charter of the City of Ne^vbern— 1885. 
 
AN ACT TO AMEND THE CHARTER OF THE CITY OF NEWBERN. 
 The General Assembly of North Carolina do enact as folloius : 
 
 Section 1. That the corporate powers and authority granted to the 
 city of Newbern shall be vested in and exercised by a mayor and eight 
 councilmen. No person shall be eligible as mayor or councilman un- 
 less he shall be eligible as a member of the legislature of this state and 
 shall have resided within the city ninety days next preceding the day 
 of election. And every councilman elected hj the peoj^le shall be a 
 resident of the w^ard for which he shall be chosen ninety days next 
 preceding the day of election. 
 
 Sec. 2. That one councilman shall be elected for each of the five 
 wards of the city by the qualified voters of such w^ards respectively, 
 and within five days after their election they shall convene and qualify 
 before the former mayor or a justice of the peace. Immediately after 
 qualifying they shall proceed to elect as follows : Three councilmen 
 from the people at large. The councilmen of the second and third wards 
 shall elect one. The councilmen of the first and fifth wards shall elect 
 one, and the councilmen of the second and fourth wards shall elect one. 
 The councilman of the first ward shall preside as chairman of this 
 meeting of the board, who shall vote as a councilman, and in case of a 
 tie shall give the casting vote. In the absence of the councilman of the 
 first ward the councilman of the second ward shall preside as chairman. 
 Immediately after such election the three councilmen so chosen from 
 the people at large shall qualify before the mayor or a justice of the 
 peace. Whereupon, the board of councilmen or a majority of them 
 shall proceed to elect from outside their number a mayor, who within 
 five days after his election and before entering on the duties of his 
 office shall qualify before the outgoing mayor or a justice of the peace, 
 and in case of a tie shall give the casting vote. 
 
 Sec. 3. If any vacancy shall occur in the board of councilmen by 
 any councilman failing to qualify in the time prescribed, or after qual- 
 ifying shall fail to serve, or occurring from any cause, the councilmen 
 elect who have qualified shall fill the vacancy so occurring and such 
 person only shall be chosen as are heretofore declared to be eligible. If 
 the election of mayor or any councilman from the people at large shall 
 have been prevented by a vacancy in the board of councilmen such 
 election shall be proceeded with as heretofore declared after the vacan- 
 cy is filled. 
 
10 
 
 Sec. 4. Any person qualified to serve and elected mayor or council- 
 man either by the electors at their annual election, or by the council- 
 men to fill a vacancy, or otherwise, who shall not take the oath of office 
 within five days after his election, or who, having qualified, shall not 
 continue to serve during the term for which he may be elected, (inabil- 
 ity from sickness, absence from the city, or removal excepted,) shall 
 forfeit and pay one hundred dollars, to be recovered in the name and 
 for the benefit of the city of Newbern: Provided, that no person so 
 elected or refusing to serve shall be subject to said penalty if such per- 
 son shall have served as mayor or councilman one year in the five years 
 last preceding said election. 
 
 Sec. 5. Whenever there shall be a vacancy in the office of mayor, 
 and when the mayor shall be absent from the city, or be prevented by 
 sickness or any other cause from attending to the duties of his office, 
 the board of councilmen may appoint one of their number to act as 
 mayor, who shall possess all the rights and powers of mayor during the 
 continuance of such vacancy, absence or disability. 
 
 Sec. 6. The mayor shall preside at the meeting of the board of coun- 
 cilmen, but shall have no vote except in case of tie. 
 
 Sec. 7. It shall be the duty of the mayor to communicate at least 
 twice a year in writing, or oftener if he shall deem it expedient, a 
 general statement of the situation and condition of the city in relation 
 to its government and improvement; second, to recommend to the 
 adoption of the board of councilmen all such measures connected with 
 the police, security, health and cleanliness of the city as he shall deem 
 expedient; third, to be vigilant and active in causing the laws and or- 
 dinances for the government of the city to be duly executed and en- 
 forced; fourth, to keep a faithful minute of all precepts issued by him 
 and of all his judicial proceedings, and to report in writing at every 
 regular monthly meeting of the board of councilmen the total amount 
 of costs and fines that have been imposed by him in all judicial pro- 
 ceedings, for the violation of city ordinances during the previous 
 month. 
 
 Sec. 8. That the mayor shall have power to commit any person con- 
 victed of a violation of any city ordinance to the county or city prison 
 until the fines and costs are paid, or require such person so imprisoned 
 to work on the streets until the fines, costs and prison fees are paid, 
 and such person can only be released as is provided in like cases in 
 other courts. 
 
 Sec. 9. That the board of councilmen shall appoint a fit and proper 
 person, who shall be a qualified voter of the city, to the office of city 
 marshal, who shall give bond with approved sureties in a penal sum to 
 be fixed by the board and payable to the city of Newbern, with condi- 
 tions that he will diligently perform all duties imposed upon him by 
 virtue of his.office and faithfully pay to the treasurer all sums of money 
 
n 
 
 collected or recovered b}* him to or for the use of the city, and shall 
 hold the office during the term of the board appointing liim, subject to 
 be removed at any time for misconduct. 
 
 Sec. 10. It shall be the duty of the city marshal to pay over to the 
 city treasurer all money that may be collected by him to or for the use 
 of the city at least once every month, and shall communicate to the 
 board of councilmen at their regular monthly meeting in writing a full 
 statement of all costs, fines and fees collected and the disposition made 
 of the same. 
 
 .Sec. 11. It shall be the duty of said marshal and the police to pre- 
 serve the peace by the suppression of disturbances and the apprehension 
 of all offenders, and the marshal or an}- policeman shall have power 
 to summons as many persons as he may deem necessary to assist in the 
 performance of the above duties. 
 
 Sec. 12. That no person shall be entitled to vote for councilman or 
 any other city elector unless he shall be qualified and entitled to vote 
 for members of the general assembly of the state and shall have resided 
 in the ward which he offers to vote for ninety da%'S immediately pre- 
 ceding the day of election: Provided: the residence of a married man 
 shall be in the ward wliere liis family resides, and that of a single man 
 where he boards and sleeps, and should any single man board in one 
 ward and sleep in another, then his residence shall be in the ward in 
 which lie sleeps, and he shall not vote or register in any other ward. But 
 no elector shall be allowed to register in any ward to which he shall 
 have removed for the mere purpose of being a voter therein, nor unless 
 liis residence therein is actual and bona fide; and any person knowingly 
 and fraudulently registering and voting at any other place than that of 
 his 5o}?a yide residence shall be deemed guilty of a crime infamous to 
 the laws of the state, and on conviction thereof shall be fined five hun- 
 dred dollars and imprisoned six months. 
 
 Sec. 13. Any person who shall cause or procure liis name to be regis- 
 tered in more than one election ward of the city, or shall cause or pro- 
 cure his name or that of another person to be registered knowing that 
 he or the person whose name he has procured to be registered is not 
 entitled to vote in the ward wherein such registration is made, at the 
 ensuing election to be held therein, or who shall falsely personate any 
 registered voter, shall be deemed guilty of a crime infamous to the 
 laws of the state, and upon conviction shall be fined five hundred 
 dollars and imprisoned six months. 
 
 Sec. 14. That the board of councilmen shall appoint one registrar and 
 two inspectors of election for each ward previous to every election, and 
 the registrars so appointed shall open their registration books on Thurs- 
 day, Friday and Saturday immediately preceding the regular annual 
 election in some convenient place in each ward, between the hours of 
 eight a. m. and six p. m. of each day, when all persons legally entitled 
 
12 
 
 to register may do so; and the registrars may transfer from the old reg- 
 istration book such names only as they know are legally entitled to 
 be transferred from the old registration book, and the registrars shall 
 receive six dollars for performing said service. 
 
 Sec. 15. That if any person appointed as registrar sliall fail or refuse 
 to discharge the duties of registrar, the other registrars shall fill the 
 vacancy. 
 
 Sec. 16. If any person appointed as inspector of election shall fail or 
 refuse to discharge the duties thereof, the registrar for the ward in 
 which the vacancy occurs shall fill the same, and the registrars and in- 
 spectors, before entering upon the duties of their office shall qualify 
 before some justice of the peace. 
 
 Sec. 17. That the board of councilmen may appoint a port physician, 
 a city attornej^ a sexton for each cemetery, and three policemen, who 
 shall hold their office during the term of the board appointing them, 
 subject to be removed at any time for misconduct: Provided, the board 
 can at any time reduce or entirely discontinue the police force as may 
 be thought best. 
 
 Sec. 18. That the board of councilmen shall have power to make and 
 provide for the execution thereof, such ordinances for the government 
 of the city as they may deem necessary, not inconsistent with the laws 
 of the land, and they shall have power by all needful ordinance[s] to 
 secure order, health, quiet and safety within the same, and for one 
 mile beyond the city limits; and the powers and privileges of the 
 mayor as a justice of the peace to be exercised within the above limits. 
 
 Sec. 19. That any person violating any ordinaDce of the city shall be 
 deemed guilty of a misdemeanor, but the punishment thereof shall not 
 exceed a fine of fifty dollars and imprisonment at labor on the streets 
 for thirty days. 
 
 Sec. 20. That the councilmen may require and compel the abatement 
 of all nuisances within the city at the expense of the person causing 
 the same, or of the owner or tenant of the ground whereon the same 
 shall be. 
 
 Sec. 21. That the board of councilmen may take such measures as 
 they may deem effectual to prevent the entrance into the city of any con- 
 tagious or infectious disease, may stop, detain and examine for that 
 purpose every person coming from places believed to be infected with 
 such disease, may establish and regulate hospitals within the city or 
 within three miles thereof , may cause any person in the city suspected 
 to be infected with such diseases and whose stay may endanger health, 
 to be removed to the hospital, may remove from the city or destroy any 
 furniture or other articles which shall be suspected of being tainted or 
 infected with contagious or infectious disease, or of which there shall 
 be reasonable cause to apprehend that they may pass into such a state 
 as to generate disease. 
 
Sec. 22. That in case any person be removed to the hospital, the cor- 
 poration may recover before the mayor or any justice of the peace of 
 such person the expense of his removal, support, nursing and medical 
 attendance; and in case of death, of his legal representative, and in that 
 event, burial expenses also, if the corporation incur that expense. 
 
 Sec. 23. That the board of councilmen may take f^uch measures as 
 they may deem effectual to stop, detain and examine within three 
 miles of the cit}' limits all railroad trains and other public conveyances 
 bringing passengers or goods to said city, and that the compensation of 
 the port physician for visiting such trains or other conveyances shall 
 be paid by the owner or owners of such train or conveyances: Provided, 
 that the compensation shall not exceed two dollars for each visit: Also 
 provided., this section shall not apply to vessels or steamers or subjects 
 now governed by the general marine quarantine laws. 
 
 Sec. 24. That the board of councilmen are empowered to make such 
 rules and regulations as they may deem best for the sale of all animals 
 found roaming at large in the streets contrary to the ordinances of the 
 city: Provided, no stray shall be sold without first being advertised five 
 days in some daily paper of the city, or in lieu thereof at three public 
 places in said city; all strays so taken and duly advertised to be sold at 
 public auction at the court house door for the benefit of the city: and 
 the mayor is hereby empowered to make title to all such strays after 
 having fulfilled the requirements of this section. 
 
 Sec. 25. That no mayor or councilman or other officer of the city 
 shall directly or indirectly become a contractor for work to be done for 
 the city, and no work shall be awarded any contractor without good 
 and sufficient sureties. 
 
 Sec, 26. That no fees or costs of magistrates or other officers for the 
 arrest or trial of persons charged with misdemeanors, including vagran- 
 cy, shall be assessed upon or collected of the city. 
 
 Sec. 27. That all costs, fees and fines imposed by the mayor in any 
 process in connection with the breach of any city ordinances shall be 
 collected by the city- marshal and paid over to the treasurer for the use 
 of the city, except as hereinafter provided, and in no event sliall the 
 city be required to pay any part of such costs and fees. 
 
 Sec. 28. That the salaries of the officers of said city shall in no case 
 exceed the sums following: The mayor four hundred dollars per an- 
 num, without costs or fees; the treasurer two hundred dollars; the clerk 
 two hundred dollars; the city marshal twenty-five dollars per month 
 and one half of the costs and fees collected in any process in connection 
 with tlie breach of any ordinance of the city; city attorney two hun- 
 dred dollars per annum; sexton twenty dollars per month; and that of 
 each policeman thirty dollars per month. 
 
 Sec. 29. All moneys arising from taxation, donation or other sources 
 shall be paid to the treasurer of the city, and no approp>riation thereof 
 
14 
 
 shall be made except for the necessary expenses of the city, and but by 
 a concurring vote of six-eights (6-8) of all the councilmen. 
 
 Sec. 30. That the board of councilmen shall have power to impose 
 annually such tax per capita on all dogs running at large or kept with- 
 in said city as they may deem proper, and may require all dogs to wear 
 such tax badge as they may designate. 
 
 Sec. 31. Any person residing in the city having therein any dog and 
 shall not return it for taxation, and shall fail to pay the tax according 
 to lavr after fifteen days' public notice of the imposition thereof, shall 
 be guilty of a misdemeanor and on conviction thereof before the mayor 
 or a justice of the peace shall be fined not exceeding five dollars, or 
 imprisoned two days, or the dog may be treated as a nuisance and de- 
 stroyed. 
 
 Sec. 32. That the board of city conncil shall have power to levy and 
 collect the following license tax for the privilege of carrying on the 
 trade, profession, business, or doing the acts named, and nothing in the 
 schedule shall be construed to relieve any person from the payment 
 of the ad valorem tax on his property: on all banks or bankers, express, 
 telegraph and insurance companies, dealers in spirituous, vinous and 
 malt liquors, a tax not to exceed fifty dollars per annum; on all drum- 
 mers selling or offering to sell any goods, wares or merchandise, with 
 or without sample, a tax not to exceed fifty dollars a year, or three dol- 
 lars a day for each and every day they shall so sell or oifer to sell; 
 and are empowered to tax all persons following any trades or profession 
 or professions, or any other occupations or callings, provided the total 
 amount collected from any person or firm shall not exceed twenty-five 
 dollars per annum; and all subjects now allowed to be taxed by act of 
 April sixth, one thousand eight hundred and seventy-one, the amount 
 named in said act and not inconsistent with this section. 
 
 Sec. 33. That every person who shall practice any trade, profession, 
 or use any franchise taxed according to law by said board of council- 
 men without having first obtained a license for the same as required, 
 shall be deemed guilty of a misdemeanor and subject to a penalty of 
 not more than fifty dollars or imprisonment for thirty days, to be re- 
 covered before the mayor for the benefit of the city, and any goods, 
 wares or other property of the owners may be forthwith distrained by 
 the tax collector and sold to satisfy the tax and costs of collecting the 
 same. 
 
 Sec. 34. That the board of councilmen shall have power to divide the 
 license tax enumerated into monthly installments to be paid in advance 
 by the party liable to the same upon rec«^ipt of license to carry on their 
 respective trades, professions or occupations, and said councilmen may 
 allow a reduction of twenty five per cent, on all license tax to such 
 persons as shall pay their license tax for twelve months in advance, or 
 for the time said board shall continue in office. 
 
15 
 
 Sec. oo. That the said board of councihnen shall appoint a tax col- 
 lector, a freeholder, who shall be a resident of the city, and who before 
 entering upon the discharge of his duties shall give bond in the sum of 
 five thousand dollars, with two or more securities freeholders in the 
 city of Xewbern, to be approved by the mayor and council, and who 
 shall justify before a justice of the peace in double the amount of the 
 bond payable to the mayor and council of the city of Xewbern, with 
 condition for the due collection, payment and settlement of the taxes 
 imposed by the council of said city; and the said tax collector is hereby 
 vested with the same power and authority to collect the said taxes as 
 well as those contained in the list of taxables as those due from delin- 
 quents by distress or otherwise as by law the sheriffs of the states are 
 or may be empowered, and he shall be entitled to five per cent, on the 
 gross amount of all taxes collected as a compensation for his services; 
 and in case of failure to collect and pay the same within the year for 
 which such taxes are laid said tax collector shall forfeit his compensa- 
 tion for collection, and it shall and may be lawful for the superior 
 courts of Craven county, on motion in behalf of said mayor and coun- 
 cil to give judgment against said tax collector and his sureties or 
 against their heirs, executors or administrators for all moneys where- 
 with said tax collector may be chargeable to said mayor and council, 
 except such part thereof as may be allowed to said tax collector by the 
 council as insolvents or such as on proofs to the said court may by said 
 court or jury by whom such case is tried be allowed to said tax-collector 
 as insolvent, with costs of suit, and thereupon to award execution as in 
 other cases of judgment in said court: Provided, that ten days"' notice 
 of such motion shall be given to every person against whom such judg- 
 ment is applied for; Provided, that it shall be sufficient notice of the 
 sale of any property by said tax collector for taxes to advertise the same 
 in a newspaper printed in the city of Newbern for four weeks; and for 
 any misapplication of the funds that may come into his hands as tax 
 collector he shall be liable to indictment as for a misdemeanor. 
 
 Sec. 36. That the said mayor and council shall appoint from their 
 body a treasurer who shall give bond in the sum of five thousand dol- 
 lars payable to the mayor and council of the city of Newbern, with two 
 or more sureties to be approved by the council, who shall be freeholders 
 in the city of iSTewbern, and who shall justify before a justice of the 
 peace in double the amount of the bond conditioned for the faithful 
 discharge of the duties of treasurer. Said treasurer shall publish a 
 monthly itemized statement of all moneys received and disbursed by 
 him, in every ward of the city and at the courthouse door, which shall 
 be sworn to before a justice of the peace. 
 
 Sec. 37. That no property or subjects of taxation which are especial- 
 ly exempted shall be taxed by the city, and that the annual tax upon 
 the poll shall not exceed the sum of one dollar, and that the annual tax 
 
16 
 
 on real estate and personal property shall not exceed the sum of fifty 
 cents on the one hundred dollars valuation: Provided, that sixteen and 
 two-thirds cents on the one hundred dollars valuation of the above tax 
 shall be annually reserved by the city treasurer until the amount so re- 
 served shall be sufficient to purchase a steam fire engine, hose and nec- 
 essary apparatus of [for] the city of Newbern. 
 
 Sec. 88. That when a sufficient amount shall have been reserved to 
 purchase a steam fire engine, hose and necessary apparatus, such pur- 
 chase shall be made without delay. 
 
 Sec. 39. That after a sufficient amount is collected to purchase a 
 steam fire engine, hose and necessary apparatus the annual tax on real 
 and personal property shall not exceed thirty-three and one-third cents 
 on the one hundred dollars valuation. 
 
 Sec. 40. No sale of real estate in said city for the payment of taxes 
 assessed against such real estate shall be invalid on account of the same 
 having been assessed as belonging to any other than the owner, or as 
 the property of an unknown owner, or on account of any informality 
 or irregularity whatever in any proceedings for its assessment or sale, 
 unless the person impeaching such sale shall show that the taxes so 
 appearing as assessed on such property, and all the penalties and costs 
 accruing on such assessment and the proceedings for the sale, were 
 paid at the time of the sale of the said property. 
 
 Sec. 41. That the tax collector is hereb}^ authorized and empowered 
 to sell the real estate in the city for taxes whether such real estate be- 
 longs to resident or non-residents or to persons unknown, and to sell 
 aay one lot or sub-division of a lot, or so much and such part thereof 
 as may be necessary to pay the taxes due; and further, that the owner 
 or any one for him, or any mortgagee or person having a lieji, be allow- 
 ed to redeem any property sold for taxes at any time within two years 
 on paying the purchaser or the city treasurer for him the amount of 
 the tax, costs and expenses of sale paid by the purchaser, with twenty- 
 five per cent, thereon and two dollars for the expense of reconveyance. 
 The board of councilmen, by the mayor, tax collector or any other 
 agent, may purchase any real estate sold for taxes, and in such event 
 the deed conveying the same shall be made to the city, and all such 
 real estate so purchased may be deemed as other real estate sold for 
 taxes as aforesaid, and when so redeemed the mayor shall reconvcy the 
 same to the owner or owners, or his or tlieir agent or heirs-at-law at 
 their expense as aforesaid. The land of an infant, lunatic or person non 
 compos mentis shall not be sold for taxes, and when the same shall be 
 owned in common witli others free from such disability, the sale shall 
 be made according to section two, chapter ninety -nine of the Revised 
 Code. 
 
 Sec. 42. That if the real estate sold as aforesaid shall not be redeemed 
 within the time specified the then tax collector sliall convey the same 
 
17 
 
 in fpe to the said purchaser or his assigns, and the recital in such con- 
 veyance or in any other conveyance of land sold for taxes due the city 
 that tlie taxes were due shall be prima facie evidence that the same 
 was true. 
 
 Sec. 43. If the party charged with taxes and failing to pay the same 
 shall have personal property within the city limits of the value equal to 
 the tax charged against him, the tax collector shall seize and sell the 
 same in the same manner as is required for the sale of property by the 
 sheriffs under execution. 
 
 Sec. 44. That the board of councilmen shall not allow any compen- 
 sation of any services rendered by the auditing committee in the dis- 
 charge of their duties as such committee, nor to any member thereof 
 in the discharge of the duties of the same. 
 
 Sec. 45. That the board of councilmen are authorized to make such 
 rules and regulatioQS as they may deem proper for the erection, contin- 
 uance or discontinuance of all sheds, awnings and signs over the side- 
 walk, and of all platforms and bridges on or over said sidewalks or 
 ditches of the city. 
 
 Sec. 4(3. That the board of councilmen are hereby emi^owered, upon 
 any special occasion wlien it may be deemed necessary for the peace 
 and quiet of the city, to appoint such extra police force as may be re- 
 Cjuired, and whose compensation shall not exceed the sum of one dollar 
 per day. 
 
 Sec. 47. All tax lists which have or may hereafter be placed in the 
 iKinds of the tax collector, thf minutes of all meetings as recorded by 
 the clerk of the board, and all documents or books containing any rec- 
 ord relative to the government of the city, shall be opened for the in- 
 spection of the public. 
 
 Sec. 48. All ordinances passed by the board of councilmen for the 
 better government of the city shall be entered in the minutes of the 
 meeting at which they were passed, and also recorded in a book to be 
 kept for that distinct purjDose, and which shall set forth the number of 
 the ordinances and the date of their passage. 
 
 Sec. 49. That no ordinances shall be of effect until public notice shall 
 have been given of the passage of the same, either by advertisement for 
 one week in some daily paper of the city, or by notice for ten days in 
 each ward of the city, and at the court house door. 
 
 Sec. 50. All the work to be done for the city wherein the total 
 amount for material and labor shall exceed the sum of two hundred 
 dollars shall be let out only on written contract to the lowest bidder, 
 and no contract shall be made but by a concurring vote of six-eights of 
 all the councilmen. Xo work or contract shall be subdivided so as to 
 defeat the operation of this section. 
 
 Sec. 51, That all vote- taken in making appropriations or contracts 
 shall be entered upon the minutes of the meeting at which such vote 
 
18 
 
 was taken, and shall designate the names of the councilmen voting in 
 the affirmative and likewise those voting in the negative. 
 
 Sec. 53. If among the number voted for councilmen there should be 
 any two or more who liave an equal number of votes, and either would 
 be elected but for the equal vote, the registrar of the ward in which 
 such tie occurs shall decide the election. 
 
 Sec. 53. That this act shall be enforced from and after its ratification, 
 and all laws and parts of laws in conflict with this act are hereby re- 
 pealed. 
 
 Ratified the 4th day of March, A. D. 1879. 
 
 AN ACT TO AMEND THE GHARTER OF. THE CITY OF NEWBERN. 
 The General Assembly of North Carolina do enact : 
 
 Section 1. That the forty-ninth section of an act passed in 1879, 
 chapter 42, entitled "An Act to amend the Charter of the city of New- 
 bern" be amended so as to read as follows : No ordinance shall take 
 effect until after it shall have been published either in a daily paper of 
 the city or posted for five days at the police station. 
 
 Sec. 2. That this act shall be enforced from and after its ratification, 
 and all laws and parts of laws in conflict with this act are hereby re- 
 pealed. 
 
 Ratified the 18th day of January, A. D. 1881. 
 
 AN ACT FOR THE BETTER PROTECTION OF FARMERS AND 
 
 FISHERMEN. , 
 The General Assembly of North Carolina do enact : . ] 
 
 Section 1. That it shall be unlawful for the board of aldermen or I 
 other proper authorities of the cities of Wilmington, Tarboro and New- s 
 bern to impose or collect any tax on or for the sale of fresh meats, beef, " 
 pork, mutton, game, fish, oysters, clams, garden truck and all farm 
 products, on any of the streets or alleys thereof from wagons, carts, t; 
 shops or stores, or to in any manner interfere with the sale of the above- ji 
 named articles. ti 
 
 Sec. 2. Any person or persons violating the provisions of the above ]f 
 section of this article [act] shall be deemed guilty of a misdemeanor, 
 and on conviction before any justice of the peace be fined not less than (] 
 fifty dollars or imprisoned not less than thirty days for each and everyi q[ 
 offence. 
 
 Sec. 3, That all laws and clauses of laws in conflict with this act are jj 
 hereby repealed. j 
 Sec. 4. This act shall be in force from and after its ratification. ^, 
 In the general assembly read three times, and ratified this the 5th ^ 
 day of March, A. D. 1881. , 
 
19 
 
 AN ACT TO ESTABLISH GRADED SCHOOLS IN THE CITY OF NEW BERNE. 
 The General Assembly of North Carolina do enact: 
 
 Section 1. The mayor and council of the city of Now Berne are au- 
 tliorized and required to submit to the qualified voters of said city at 
 the next regular election of couuoilmen, and under the rules and reg- 
 ulations governing said election, whether an annual assessment shall 
 be levied therein for the support of one or more graded schools in said 
 city. That such qualified voters at such election are authorized to vote 
 on written or printed ballots the words, "for schools" and ''against 
 schools," and the penalties for illegal and fraudulent voting in this elec- 
 tion shall be the same as in the annual election for councilmen in said 
 city of New Berne. 
 
 Sec. 2. In case a majority of the qualified voters at such election shall 
 vote "for schools," an assessment shall be levied and collected by the 
 city authorities under the same rules and regulations by which other 
 city taxes are levied and collected, and the assessment collector shall 
 be subject to the same liabilities for the collection and disbursement as 
 he is. or may be, for city taxes: Provided, that the assessment collector 
 shall, before receiving the assessment list, enter into bond in the penal 
 sum of double the amount of the assessment levied, payable to the city 
 of New Berne, conditioned for the faithful collecting and accounting 
 for said assessment, and his compensation for said services shall not 
 exceed two and one-half per centum: And provided further, the special 
 assessments so levied and collected shall not exceed one-third of one 
 per centum on the value of property and one dollar on the looll, and 
 that the assessments thus levied and collected shall be applied exclu- 
 sively for the support of two or more "graded public schools," and shall 
 not be appropriated or expended for any other purpose. 
 
 Sec 3. The special assessments thus levied and collected from the 
 taxable property and polls of white persons shall be expended in keep- 
 ing up a graded public school for white children of both sexes between 
 the ages of six and twentj^-one years, and the special assessments thus 
 levied and collected from the taxable property and polls of colored 
 persons shall be expended for the keeping up a graded public school for 
 the colored children of both sexes between the ages of six and twenty- 
 one years in said city. 
 
 Sec. 4. That the board of trustees of the New Berne Academy be and 
 they are hereby constituted the board of trustees for the graded school 
 for the white children. That said board shall have power to fill all va- 
 cancies occurring in said board, to employ teachers and to do all such 
 acts as may be necessary to carry on said graded school for the white 
 children. 
 
20 
 
 Sec. 5. That the money arising from the special assessment herein 
 provided for. collected from the property and polls of white persons 
 shall, as soon as collected, be paid over to such person or persons as the 
 board of trustees aforesaid shall appoint, and tliat the public school 
 money which shall from time to time be collected under the general 
 school law for public school purposes applicable for the white children 
 in said citj^ of New Berne, shall be in like manner paid over to said 
 board of trustees, and shall be applied for keeping up the said public 
 graded school or schools. 
 
 Sec. 6. That the school committee of district number eight in the 
 county of Craven, and their successors in ofifice, and E. A, Richardson, 
 V. A. Crawford, I. B. Abbott, A. Bass, B. W. Morris, George H. White, 
 Eobert G. Mosely, A. G. Oden, George S. Fisher, Josepli Mumford, M. 
 F. Bryan, Rev. George B. Willis, John A. Jones, H. H. Simmons, Alex- 
 ander Sanders, E. R, Dudley, C. R. Robbins, be and they are hereby 
 constituted a board of trustees for the graded school for the colored 
 children; that said board shall have power to fill all vacancies occurring 
 in said board; to employ teachers and do all such acts as shall be nec- 
 essary to carry on said graded school for colored children. 
 
 Sec. 7. That the money arising from the special assessment herein 
 provided for, collected from the property and polls of colored persons 
 shall, as soon as collected, be paid over to the treasurer of the county 
 of Craven, and held by him, subject to the orders and directions of the 
 board of trustees of said public graded school for the colored chil- 
 dren, and the school committee of district number eight in the coun- 
 ty of Craven: Provided, said Treasurer shall receive as compensation 
 for receiving and holding said money, not exceeding two and one-half 
 per centum upon the amount so received and held. 
 
 Sec. 8. That the principal and teachers of the schools in this act pro- 
 vided for, shall not be subject to the restrictions and limitations as to 
 salary prescribed by section fifty-one of chapter sixty-eight, of Battle's 
 Revisal, but may be paid such compensation as may be deemed just and 
 proper. 
 
 Sec. 9. This act shall be in force from and after its ratification. 
 In the general assembly read three times, and ratified this the 13tli 
 day of February, A. D. 1888. 
 
2i 
 
 AX ACT TO AMEND THE CHARTER OF THE CITY OF XEWBERX, 
 Tlie General Asseinhhj of Xortli Carolina do enact: 
 
 Section 1. That section thirty-seven of chapter forty-two of the pri- 
 vate laws of one thousand eight liundrecl and seventy-nine, be and the 
 same is hereby amended by striking out the word "■fifty" in tlie fifth 
 line of said section, and by inserting instead thereof the word ''sixty."' 
 Further, that all of said section thirty-seven, after the word "valuation,"' 
 in the sixth line thereof, be stricken out: Provided, that ten cents on 
 the one hundred dollars" valuation of the above tax shall be annually 
 reserved by the city treasurer for two years for the payment of the 
 judgment debt against the city of Newbern. That thereafter the an- 
 nual tax on real and personal property shall not exceed fifty cents on 
 the one hundred dollars valuation. 
 
 Sec. ■■2. That section tliirty-eiglit and section thirty-nine of said chap- 
 ter forty-two of the private laws of one thousand eight hundred and 
 seventy-nine, be and the same is hereby repealed. 
 
 Sec. 3. That this act shall be in force from and after its ratification. 
 
 In the general assembly read three times, and ratified this the 28th 
 day of February, A. D. 1883, 
 
 z\X ACT TO AMEXD THE CHARTER OF THE CITY OF XE^VBERX". 
 
 TJie General Assembly of North Carolina do enact: 
 Section 1. That chapter forty-two. section thirty-seven, of the laws 
 
 of eighteen hundred and seventy-nine, entitled '"An act to amend the 
 ! charter of the city of New Berne,'" and all acts amendatory thereto, be 
 
 amended so as to read: '-That no property or subjects of taxation 
 
 which are especially exempted shall be taxed by the city, and that the 
 
 annual tax upon the poll shall not exceed the sum of one dollar and 
 j eighty cents, and that the annual tax on real estate and personal prop- 
 jerty shall not exceed the sum of sixty cents on the one hundred dollars' 
 
 valuation," 
 
 Sec. 2. All laws in conflict with this act are hereby repealed. 
 Sec. 3. This act shall be in force from and after its ratification. 
 In the General Assembly read three times, and ratified this the 3rd 
 day of March, A. D. 1885. 
 
22 
 
 CHAPTER I. 
 Rules for the Government of the Board. 
 
 SECTION. 
 
 1. Board to meet monthly. 
 
 2. Order of Business. 
 
 3. Mayor to decide questions of 
 
 order. 
 
 4. Previous question. 
 
 5. Motion to adjourn. 
 
 6. Money appropriations and or- 
 
 dinance at general meeting- 
 only. 
 
 7. Reconsideration, when allowed. 
 
 8. Ordinances, when in force. 
 
 SECTION. 
 
 9. Standing committees. 
 
 10. Elections, how made. 
 
 11. Conduct of members during 
 
 session. 
 
 12. Eestriction on debate. 
 
 13. Order when questions are put. 
 
 14. Precedence of motions. 
 
 15. When question divisible. 
 
 16. Amendments and substitutes. 
 
 17. Reports from committees. 
 
 18. Petitions read by the clerk, &c. 
 
 Section 1. There shall be a regular meeting of the 
 councilmen at the mayor's office on the first Tuesday in 
 each month, and the meeting in May shall be on the 
 Tuesday after the first Monday. The mayor or a major- 
 ity of the board may call a special meeting in case of 
 emergency, but no business shall be transacted at such 
 meeting except that for which it may be called. Five 
 members of the board shall constitute a quorum. If a 
 quorum fail to attend the meeting shall stand adjourned | 
 to a day agreed on by a majority of the members present. , 
 
 Sec. 2. Whenever a regular meeting shall be organized i 
 the order of business shall be as follows : Calling Roll of 
 Members. Reception of Petitions. Reports of Commit- | 
 tees. Reports of Officers. Unfinished Business. New 
 Business. Auditing Bills. Reading Minutes. Adjourn- ^ 
 ment. 
 
 If the board desires any matter to be the special busi- 
 ness of a future meeting the same shall have precedence ^ 
 at such meeting, A proposition may not be entertained 
 by the mayor until it is recorded; and the propounder 
 vrhen required by the mayor or by any member shall re- ^ 
 duce the same to writing. " 
 
 Sec. 3. The mayor shall preserve order, decide all ques- J' 
 tions of order, and appoint the committees, standing and J 
 special; but any member may appeal to the board from '^^ 
 the decision of the mayor upon any question of order, , 
 and on such appeal no councilman shall speak more than " 
 once without leave nor longer than three minutes. | ^' 
 
23 
 
 Sec. 4. The previous question may be called at any 
 time by a majority of the members present. The ayes 
 and noes may be called by any member. 
 
 Sec. 5. A motion to adjourn shall always be in order 
 and shall be decided without debate. 
 
 Sec. G. No proposition to appropriate money, to alter 
 or repeal any ordinance or rule of the board, to enact any 
 new ordinance or to establish any new rule shall be made 
 or decided at any other than a regular meeting. 
 
 Sec. 7. No question decided by the board shall be again 
 brought forward at any subsequent meeting except upon 
 a motion made by some member who voted with the 
 majority. A motion to reconsider a vote shall not be in 
 order except at the same or succeeding adjourned, meet- 
 ing to that at which the vote was taken; provided that a 
 vote or question may be reconsidered at any time by a 
 vote of two-thirds of the board. 
 
 Sec. 8. Every ordinance shall be in force from and 
 after its publication according to charter unless a longer 
 or fuller notice be ordered. 
 
 Sec. 9. The standing committees shall be as follows, 
 viz: Fire Department, Finance, Sanitary, Police, Streets 
 and Pumps, Wharves and Docks, Ordinances and Li- 
 censes, Cemeteries, Fire District. 
 
 Sec. 10. All elections by the board shall be made by 
 ballot if required b}' any member; and a majority of the 
 votes of all the members present shall be necessary to 
 make an election or appointment. 
 
 Sec. 11. After the mayor has taken the chair no mem- 
 ber shall continue standing except to address the chair. 
 
 Sec. 12. Speakers shall rise to address the chair and 
 shall confine themselves to the point in debate. 
 
 Sec. 13. When the mayor is putting any question the 
 councilraen shall remain in their seats and shall not hold 
 lany private discourse. 
 
 Sec. 14. When a question is under consideration no 
 motion shall be received except as follows: 1. To lay on 
 the table. 2. To postpone to a time certain. 3. To post- 
 j pone indefinitely. 4. To refer to a committee. 5. To 
 amend. G. To divide. And motions for any of these 
 purposes shall have precedence in the order named. 
 
 A motion to adjourn and to lay on the table shall al- 
 ways be in order, and shall be decided without debate: 
 and of them the motion to adjourn shall have precedence; 
 
24 
 
 but no motion to adjourn or to table shall be entertained 
 while the board is voting, or immediately succeeding the 
 same; (some intervening business must have been trans- 
 acted.) 
 
 Sec. 15. If a question under discussion contains several 
 distinct propositions the same shall be divided at the re- 
 quest of any member, and a vote taken separately; but 
 a motion to strike out and insert shall be indivisible. 
 
 Sec. 16. All Amendments shall bo considered in the or- 
 der in which they are moved. When a proposed amend- 
 ment is under consideration, a motion to amend the same 
 may be made. No further amendment to such second 
 amendment shall be in order; but when an amendment 
 to an amendment is under consideration a substitute for 
 the whole matter may be received. No proposition on a 
 subject different from the one under consideration shall 
 be received under color of a substitute. 
 
 Sec. 17. The reports of all the committees shall be in 
 writing and shall be received as a matter of course with- 
 out motion for acceptance. All reports recommending or 
 requiring any action or expression of opinion by the 
 board shall be accompaniexi by a corresponding resolu- 
 tion. 
 
 Sec. 18. Applications and petitions to the board shall j 
 be read and laid on the table as a matter of course, sub- . 
 ject to any motion which a councilman may think proper , 
 to make. All such applications and petitions shall be ] 
 presented through the clerk of the board. . ( 
 
 8. Resisting an officer. ], 
 
 Section 1. The police organization for the city shall ? 
 
 consist of the mayor, the city marshal and as many po- q 
 
 licemen as the board of councilmen shall from 'time to e 
 
 CHAPTER II. 
 Police Organization. 
 
 SECTION. 
 
 1. The police force. 
 
 2. The mayor. 
 
 3. The marshal. 
 
 4. Police. 
 
 5. May summon posse. 
 
 6. May enter house. 
 
 7. Duties at fire, &c. 
 
 SECTION. 
 
 9. Sick policeman. 
 
 10. Special policemen. 
 
 11. Marshal to account monthly, 
 
 12. Police duties distributed. 
 
 13. Marshal's duties. 
 
 14. Uniform. 
 
 15. Detective. 
 
 time provide. 
 
25 
 
 Sec. 2. The mayor shall have the general control of the 
 police department and may at any time suspend from du- 
 ty any meinber of the police force without pay until the 
 next regular monthly meeting of the councilmen, when 
 the case shall be disposed of by the board. And during 
 such intervals of suspension the mayor shall have power 
 to appoint a substitute and to call a special meeting for 
 the purpose of qualifying such substitute, if necessary. 
 
 Sec. 3. The city marshal shall be elected at the first 
 regular meeting in May of each year. He shall give bond 
 payable to the "City of Seichem" in the sum of two hun- 
 dred and fifty dollars conditioned for the faithful perform- 
 ance of his duties. He shall be chief of police, and under 
 the direction and control of the mayor shall superintend 
 and regulate the department. He shall keep a record 
 book and enter therein all violations of law in the city, or 
 violations of city ordinances and police regulations and 
 by whom committed. And he shall transfer from said 
 record book to the mayor's trial docket all cases requiring 
 judgment. He shall report to the maj'or each day, at an 
 hour to be designated by the mayor, a docket of cases 
 prepared with the parties defendant, warrants of arrest, 
 and witnesses notices. The record shall always be sub- 
 ject to the inspection of the mayor and any member of 
 the board of councilmen. It shall be the duty of the mar- 
 shal to collect all fines and cost imposed by the mayor, 
 and he shall be allowed for collecting said fines and cost 
 one half the cost taxed on the warrants by the mayor. 
 He shall pay over to the treasurer weekly the amount re- 
 ceived by him, reserving his half costs, accompanied by 
 a sworn statement. He shall further perform all the du- 
 jties imposed upon him by law and by the ordinances of 
 the city, or which may hereafter be imposed. His salary 
 shall be fixed by the board, and he shall be subject to sus- 
 pension by the mayor until a regular meeting of the board, 
 and then to removal for cause, two-thirds of the board 
 concurring. 
 
 Sec. -i. Policemen who may be provided to assist the 
 chief of police shall be elected for twelve months, subject 
 to suspension as provided in the second section of this 
 chapter and to removal from office for cause at any regu- 
 lar meeting of the board. It shall be the duty of the mar- 
 shal and his assistants to suppress all disturbances of the 
 quiet and good order of the city, and to arrest all offend- 
 ers against the same, to prevent as far as possible injury 
 to the city property and to the streets and sidewalks, and 
 
26 
 
 to report to the mayor any repairs needed, to report com- 
 plaints of any disordly houses or houses of ill-fame in the 
 city, to ascertain if spirituous liquors are retailed by any 
 person in the city other than those authorized by law, 
 and report the same. 
 
 Sec. 0. Policemen have authority if resisted in the ex- 
 ecution of their duties to summon a sufficient number of 
 men to aid them in enforcing the law; and if any person 
 so summoned shall refuse to assist, the policeman is here- 
 by directed to report the same to the mayor who shall 
 proceed against them as the law directs. 
 
 Sec. 6. Whenever the city police shall have good rea- 
 son to believe that a person who has committed, or who 
 is in the act of committing a violation of law or ordinance, 
 they shall have power to enter the same without warrant 
 for the apprehension of such person; and if necessary to 
 summon a posse to aid them; and all persons so summon- 
 ed shall have like power. 
 
 Sec. 7. Upon the occurrence of a fire the policeman 
 shall give instant alarm by ringing the alarm bell at the 
 police station and causing others to be rung, if possible ; 
 and shall be present at every fire to preserve order and 
 to protect property under the direction of the mayor, or 
 in his absence under the direction of the marshal. They 
 shall not enter into any house or yard except in pursuit 
 of a fugitive or to suppress disorder. No policeman shall 
 participate in any political or other public meeting while 
 on duty. They are also forbidden to frequent liquor 
 houses except in the legitimate discharge of their duties. 
 A failure to conform to the provisions of this ordinance 
 shall subject the ofi:ender to immediate suspension and 
 ultimate removal from office, according to previous ordi- 
 nances of this chapter, sections 2 and 4. They shall se- 
 cure in jail or in the police guard rooms all persons who 
 shall make a disorderly noise in a street or elsewhere in 
 the city, or who shall otherwise disturb the good order of 
 the same, violate the ordinances of the city or the laws of 
 the State. 
 
 Sec. 8. Any person who shall assault, oppose, ridicule, 
 resist or in any manner abuse an officer of the city or 
 member of the police while in the discharge of his duty, 
 shall upon conviction be fined twenty dollars or impris- 
 oned for one month, with or without labor. 
 
 Sec. 9. When any member of the police force shall be 
 unable from sickness or other unavoidable cause to per- 
 
27 
 
 form his clut}^ he shall notify the mayor, who is hereby 
 authorized to employ a substitute for the particular occa- 
 sion, the expenses of the said substitute to be deducted 
 from any amount due the said policeman. 
 
 Sec. 10. On public occasions when in the mayor's judg- 
 ment it may be necessary, he shall be authorized to ap- 
 point and commission special policemen to take chage of 
 such localities as may be designated, for the preservation 
 of order and decorum; provided the expense on this ac- 
 count shall be passed upon by the council, and provided 
 the mayor shall be authorized to withdraw any authority 
 granted under this ordinance and appoint other officers 
 when he may deem it expedient. 
 
 Sec. 11. The cit}^ marshal shall be required to make on 
 the first Monday in each month returns verified by oath 
 of all fines, forfeitures and collections of every kind which 
 have been or ought to have been received by him by vir- 
 tue of his office for the preceding month, not previously 
 returned. Said statement shall be filed with the clerk of 
 the board, who shall report the same at the first meeting 
 thereaftei*. The said city marshal shall pay weekly to 
 the treasurer for the use of the city the amount owing by 
 him. 
 
 Sec. 12. The duties of the present police force until oth- 
 erwise ordered, shall be distributed as follows: The per- 
 son assigned for night duty shall take his position at the 
 police station at 7 o'clock p. m. and remain until 12 o'clock 
 m. He shall then be relieved and the officer relieving him 
 shall remain from 12 o'clock m. to 7 o'clock a. m. The 
 persons assigned for day duty shall relieve the night po- 
 liceman at 7 o'clock in the morning and remain on duty 
 at the station house until one o'clock. He shall then be re- 
 lieved and the officer relieving him at one o'clock shall 
 remain on duty until 7 o'clock p. m. The officer perform- 
 ing street duty shall go on duty at 7 o'clock a. m. and 
 remain until one o'clock p. m., and he shall be relieved at 
 jone o'clock p. m., and the officer relieving him remain on 
 Iduty until 7 o'clock p. m. He shall then be relieved by 
 [another officer who shall remain on duty until 12 o'clock 
 •|p. m. If cither night or day policeman sleep on his post or 
 , jabsent himself from the same during his hours of service, 
 ■ jor if the city marshal or an}^ policeman found intoxicated 
 jwhile on duty, they shall be subject to suspension or dis- 
 j 'missal from service. The officer on duty at the time at 
 . :the station house shall give the fire alarm, and shall have 
 
28 
 
 charge of prisoners who may be committed to the guard 
 house, and shall prevent any loafing around the City Hall 
 offices, and shall be responsible for the cleanliness of the 
 same. 
 
 Sec. 13. The city marshal is responsible for the execu- 
 tion of the above regulations, and he is hereby authorized 
 and instructed to make such arrangements as may be 
 necessary to carry them out. And it is hereby declared 
 to be his duty to pass around the city at reasonable inter- 
 vals, and give his attention to the enforcement of the or- 
 dinances of the city, to superintend the works which may 
 be ordered for securing and promoting the health, con- 
 venience, or ornament of the city, to diligently use the 
 money w^hich shall be put into his hands for the purpose 
 of carrying out the resolves and orders of the board of 
 councilmen with as little delay as possible, to attend the 
 meetings of the board, and in general, to perform all law- 
 ful orders or commands given by it. 
 
 Sec. 14. The uniform of the marshal and each member 
 of the police shall be a dark blue sack coat, vest and 
 pants, with brass buttons and the letter P. engraved 
 thereon, a dark blue or black helmet hat, and the metalic 
 badge now in use, which badge shall be worn on the 
 breast of the coat. The above uniform shall always be 
 worn whenever said officer shall be on duty unless other- 
 wise ordered by the police committee. 
 
 Sec. 15. Whenever in the opinion of the mayor it shall 
 be proper and necessary to employ a secret detective, the 
 mayor shall have power to do so; provided no greater 
 expense than twenty-five dollars shall be incurred with- 
 out a previous vote of the board of councilmen. 
 
 CHAPTER III. 
 Streets and Pumps. 
 
 SECTION. 
 
 1. Duty of Marshal. 
 
 2. Footways and gutters. 
 
 3. Cellar doors. 
 
 4. Wells, pumps and cisterus. 
 
 5. Encroachments on streets. 
 
 6. Obstructions on streets. 
 
 7. Wood and coal on streets. 
 
 8. Shade trees. 
 
 9. Hitching horses. 
 
 10. Rubbish on streets. 
 
 11. Removing loam, &c. 
 
 12. Sidewalks. 
 
 SECTION. 
 
 13. Speed of loaded carts. 
 
 14. Fast driving, &c. 
 
 15. Vehicles not to be stopped on 
 
 sidewalks, &c. 
 16. Playing games and throwing 
 
 stones, &c. . 
 
 17. Injury to bridges and lamps. 
 
 18. Vehicles not in use. 
 
 19. Injury and improper use of 
 
 wells and pumps. 
 
 20. Firing arms, &c. 
 
 21. Signs and lamp posts. 
 
29 
 
 SECTION. 
 
 22. Marshal on working streets. 
 
 23. Bills examined. 
 
 24. Market dock. 
 
 25. Shells to be thrown on wharf. 
 
 26. Not in dock or harbor. 
 
 SECTIOX. 
 
 27. Tehicles cutting into ditches. 
 
 28. Coops, booths, stands and stalls. 
 
 29. Gutter pipes and drains. 
 
 30. Ditches and holes on sidewalks. 
 
 31. Waste paper, &c. on streets. 
 
 Section 1. The marshal shall employ and superintend 
 all the laborers required by the city to work upon the 
 streets and other public works. He shall report to the 
 street committee weekly the time that each employee 
 has worked, the cost of the labor and material and all 
 other expenses incurred by him on account of the city. 
 He shall further perform all the duties imposed upon him 
 by these ordinances or which shall hereafter be imposed 
 by tho council. 
 
 Sec. 2. Every occupant of a lot on any street shall keep 
 the footway clean and the gutter open and free from ob- 
 structions as far as such lot extends. If any rubbish, 
 dirt, filth or other thing be placed or left without lawful 
 authority on such footway or in such gutter, the occupant 
 of the lot shall remove the same. If twelve hours elapse 
 after notice by the marshal, by the mayor or one of the 
 council, without removal, the occupant shall upon proof 
 of the same be lined three dollars. 
 
 Sec. 3. Ever}^ owner of a house on a street which has a 
 cellar door, vault or pavement of wood, stone or brick, 
 shall keep the same in repair. If he shall, after being 
 notified to do so by the mayor, a member of the street 
 committee or by the marshal, fail for the space of five 
 days to repair the same, he shall be fined five dollars. 
 And every day which shall elapse thereafter until the re- 
 pairs are made shall constitute a distinct offence. If 
 there be several owners of such house it shall be sufficient 
 to give the notice to any one of them ; if the owner be a 
 non-resident the notice may be given to his agent or to 
 the occupant of the house. 
 
 Sec. 4. If any person shall throw filth or rubbish of any 
 kind into the public wells, or in any manner injure the 
 public pumps, he shall be fined five dollars or imprisoned 
 ten days. 
 
 Sec. 5. No citizen of i)Tewbern shall encroach upon the 
 streets by erecting any piazza, porch, stoup, paling, 
 chimney or other obstruction on pain of being compelled 
 to remove the same ; or, at the option of the council, of 
 paying such annual tax as may be imposed by the board. 
 
30 
 
 Sec. 6. ISTo brick, stone, wood or other substance ob- 
 structing the streets shall be suffered to be in the same. 
 And no person sha]l place in any street or alley or upon 
 any sidewalk, boxes, casks, crates, barrels or other ob- 
 structions; provided, however, that building material, 
 earth and other obstructions of like character may be, by 
 permission of the mayor, in writing, allowed under such 
 restrictions as he may prescribe. Every person offend- 
 ing against these provisions shall, upon conviction, be 
 fined five dollars for each and every offence, and a like 
 sum for each and every day that such obstructions are 
 permitted to remain. 
 
 Sec. 7. No wood or coal shall be allowed to remain on 
 the streets or foot ways obstructing the same for a longer 
 period than twelve hours after said wood or coal shall 
 have been delivered to the person ordering the same. 
 For a violation of this section a fine of two dollars shall 
 be imposed upon the party or parties ordering the same, 
 for each day the coal or wood may remain on the street 
 or foot way. 
 
 Sec. 8. The citizens may plant trees in front of their 
 lots on the line dividing the foot way from the street, 
 and if any person shall destroy, cut or disfigure such 
 trees without permission from the council or mayor, he 
 shall pay a fine of five dollars upon conviction. 
 
 Sec. 9. No person shall fasten a horse or other animal 
 to the street trees of the city or any fence enclosing pub- 
 lic grounds, or grounds of public institutions. For a vio- 
 lation of this section persons upon conviction shall be 
 fined one dollar. , 
 
 Sec. 10. All persons are prohibited from depositing any 
 dirt taken from any cellar or other place, upon any of the | 
 streets of the city without permission of the marshal. A 
 violation shall subject the offender to a fine upon convic- | 
 tion of ten dollars. i 
 
 Sec. 11. No person shall remove any sand or dirt from i 
 the street, or loam or clay from any public lot of the city, 
 to a point either within or without the limits of the cor- ( 
 poration. The offender shall be fined three dollars for ] 
 each and every offence. It shall be the duty of the offi- < 
 cers of the city to report to the mayor any breach of this j 
 section immediately. 
 
 Sec. 12. No person shall lead, ride or drive any horse j 
 or other animal upon any foot way, except such part of j 
 it as lies directly between the carriage way and the en- j 
 
31 
 
 trance to an adjacent lot, and only for the purpose of 
 going into and out of said lot. Xor shall any one place 
 on the foot way of a public street, any wheel barrow, 
 hand cart, hand carriage or any other vehicle, except in 
 passing directly across the foot way into or out of a house 
 or lot. Offenders shall be fined two dollars for each 
 offence: Provided, nothing in this section shall prevent 
 the use on such foot ways of a carriage conveying an in- 
 fant or an invalid. 
 
 Sec. 13. No person shall drive any loaded dray, cart or 
 wagon in a public street out of a walk, nor shall the 
 driver of any vehicle on the street, wantonly with his 
 whip or otherwise, annoy others, or suffer his vehicle to 
 stand or pass on any business street without holding the 
 reines, except in the case of a wagon, cart or dray while 
 delivering or receiving a load. When vehicles meet each 
 shall go to the right; when going in the same direction 
 one passes another it shall pass to the right, and the 
 driver passed shall give way for the purpose. Any per- 
 son offending against the provisions of this section shall 
 be fined two dollars for each offence. 
 
 Sec. l-t. xso person shall ride or drive a horse or other 
 animal on any street faster than an ordinary trot, nor 
 break any horse or other animal in any street. For each 
 offence the person convicted shall pay a fine of five 
 dollars. 
 
 Sec, 15. No person shall stop any vehicle on a foot way 
 or common crossing for foot passengers. For doing so he 
 shall be fined one dollar. And for every five minutes he 
 shall remain after being warned to leave, he shall be re- 
 garded as committing a distinct offence. Provided, the 
 driving of a cart or wagon on the foot way to deliver 
 wood or coal shall not be deemed a violation of this sec- 
 tion, if the same be delivered without delay, and the 
 vehicle removes from the footway as soon as the load is 
 delivered. 
 
 Sec. 16. All gamies of every description, the throwing 
 of stones, shot or missiles on the streets and sidewalks of 
 Newborn are forbidden, and every person offending 
 against this section shall be fined two dollars for each 
 and every offence. 
 
 Sec. 17. Any person who shall injure a bridge or other 
 property belonging to the city, or place obstructions in 
 any culvert, drain or sewer, public or private; or injure 
 any of the city lamps or lamp posts, shall be fined upon 
 
32 
 
 conviction ten dollars. And if he fail to repair the in- 
 jury or remove the obstruction for twenty -four hours af - 
 ter notice from the mayor or a member of the street com- 
 mittee, every day that shall elapse tliereafter without 
 such repair or removal shall constitute a distinct offence. 
 
 Sec. 18. No wagon, cart, carriage, buggy or other ve- 
 hicle shall be permitted to stand in any street when not. 
 in use by the owner. The offender shall be fined one 
 dollar upon conviction for each offence. 
 
 Sec. ,19. No person shall put or allow tubs or barrels to 
 stand, or do the cleaning thereof at the public pumps. 
 Neither shall any one wash articles, nor water, nor wash 
 animals about the public pumps. The offender against 
 the foregoing part of this section shall be fined two dol- 
 lars upon conviction. If any person shall wilfully or 
 negligently by unreasonable or violent use or otherwise, 
 injure any public well or pump in the city, he shall pay a 
 fine of five dollars. And the city police are instructed to 
 use special diligence in carrying this section into effect. 
 
 Sec. 20. Any person who shall shoot off a gun or other 
 fire arms, or shoot any rocket, pop-cracker or other fire- 
 works, or any combination of gun powder or other ex- 
 plosive material in any street or footway; or shoot off 
 any gun or other fire arm charged with ball or shot or 
 any other deadly thing, within tAvo hundred yards of any 
 habitation within the city, except in cases of necessity, 
 shall be fined five dollars for each offence; provided, noth- 
 ing herein contained shall prohibit the exhibition of fire 
 works authorized by the mayor on occasions of public 
 rejoicing. 
 
 Sec. 21. Any person who shall injure or deface any 
 sign or sign post belonging to another, or any lantern, 
 lamp or lamp post, or the works or machinery of another, 
 or pollute any well of water belonging to another, shall 
 pay a fine of ten dollars upon conviction. 
 
 Sec. 22. Neither the marshal nor the street committee 
 shall enter upon any work except ordinary repairs with- 
 out the consent of the board. And whenever any work 
 is proposed to be done a detailed estimate of the costs 
 shall be submitted to the board. And the person charged 
 with the execution of any work shall in all cases make 
 a requisition on the mayor for supplies wanted on the work, 
 and if approved the mayor shall direct the clerk to issue 
 an order for the articles wanted. The clerk may prepare 
 
33 
 
 blanks for requisitions subject to the approval of the 
 mayor. 
 
 Sec. 23, No account for work by contract shall be al- 
 lowed until the work so contracted for shall be examined 
 by the mayor, or by a skilled committee appointed for 
 the purpose, who shall certify to the board whether the 
 same is done according to the contract. A mechanic ap- 
 pointed by the board shall take charge of the city pumps 
 and keep them in order; and in case there be no such 
 appointment the city marshal, under the advice of the 
 committee on pumps, shall employ a competent mechanic 
 to attend to the same until an appointment is made by 
 the board. 
 
 Sec. 24. Xo carts or wagons shall be allowed to ply 
 between the private market at the foot of Middle street 
 and the dock, and no offal, garbage, rubbish or other re- 
 fuse matter of any kind whatever shall be thrown into 
 said dock, or into any other slip or dock in or about the 
 city, and if any one be guilty of a violation of this section 
 he or she shall be subject to a fine upon conviction of five 
 dollars. 
 
 Sec. 25. The shells of oysters and clams opened at or 
 on the wharves or in the city docks, whether by boatmen 
 or others, shall be deposited for the use of the city on the 
 wharves where opened, as a compensation for wharfage; 
 any person violating this section shall be fined one dollar. 
 
 Sec. 26. It shall be unlawful to throw shells open as 
 aforesaid in section 25, into the docks or into the waters 
 of the harbor, and the doing so shall subject the offender 
 to a fine of two dollars for each and every offence. 
 
 Sec. 27. Vehicles shall not be run so close to the drains 
 and ditches of the city as to cut into them, or break down 
 their margins. "Any person who offends against this sec- 
 tion shall be fined two dollars. 
 
 Sec. 28. Xo person shall erect or place any stand, 
 stall or booth, rack, or coop, or any other thing of like na- 
 ture to be used for the sale of any kind of merchandise, 
 truck, poultry or any article of sale whatever on any 
 street or streets of the city of Xew Bern; and any 
 booths, stalls, racks, coops or stands, table, or any build- 
 ing erection or place of like nature used or to be used as 
 aforesaid now situated or placed on the street or streets 
 of said city shall be considered an obstruction, and the 
 city marshal is authorized to remove the same; and any 
 person owning such stand, booth, stall, table or other 
 
34 
 
 place above mentioned, or selling at the same, shall be 
 guilty of a misdemeanor, and on conviction shall be fined 
 twenty dollars; provided, this act shall not interfere with 
 any person exhibiting goods or merchandise of any kind 
 in front of their respective places of business, not to ex- 
 ceed three feet from each building. 
 
 Sec. 29. All gutter pipes or drains of any kind running 
 from any building or lot in the city of New Bern empty- 
 ing into the streets of said city shall empty into the ditch 
 lying between the street and sidewalk, and any person 
 or persons owning any building or lot in said city from 
 which any gutter pipe or drain does empty on the side- 
 walk as aforesaid, shall be guilty of a misdemeanor, and 
 on conviction shall be fined five dollars for each day said 
 gutter pipe or drain is allowed to remain in violation of 
 this ordinance. 
 
 Sec. 30. No person or persons shall be allowed to dig 
 or open any ditch or hole of any kind upon the streets or 
 sidewalks of this city without first getting the permission 
 from the mayor. Any one guilty of this offence shall be 
 subjected to a fine of five dollars or ten days imprison- 
 ment. 
 
 Sec. 31. No waste paper, or other trash shall be set fire 
 to or burned, or thrown or otherwise deposited upon the 
 sidewalks or public streets of the city, except the sweep- 
 ings which shall be placed in a box, barrel, or some other 
 suitable receptacle, and placed in front of the lot or 
 building: and where it is impracticable to open any pack- 
 age of merchandise in the stores and the sidewalks shall 
 be used for that purpose, all letters, trash, nails or strip- 
 pings shall immediately be cleaned up and deposited in 
 said barrels, boxes, or other receptacle; and in no event 
 should there be any nails left there or about the place 
 where said packages of merchandise are opened. Any 
 person or persons violating this ordinance shall upon con- 
 viction be fined two dollars. 
 
 CHAPTER IV. 
 
 FIRE DEPARTMENT. 
 SECTION. SECTION. 
 
 1. Governed by its own rules. 4. Co-operation of police. 
 
 2. Wagons subject to mayor, &c. 5. Fire Department, penalty for 
 
 3. Hostlers, appointment. erecting wooden buildings, &c. 
 
 Section 1. Until other regulations be established the 
 
conduct of the fire department in drilling for exercise, 
 and in the order of proceedings in all alarms of fire, shall 
 be governed by their own private by-laws and rules. 
 
 Sec. 2. At all other times the horses and wagons be- 
 longing to the department with the drivers thereof, shall 
 be subject to the orders of the mayor, who may employ 
 them in any manner he may think proper under the mar- 
 shal, within the jurisdictional limits of the city, in the 
 business connected with the government thereof. 
 
 Sec. 3. The hostlers of the fire department shall be 
 appointed by the mayor, on the recommendation of the 
 company for which said hostler is appointed from time 
 to time, whenever there is a vacancy under their own 
 orders and rules, and shall also be subject to removal by 
 the mayor for cause, under the same rules and regulations 
 that govern his power to remove other city employees. 
 
 Sec. 4. Upon the occasion of a fire the police force, ex- 
 cept the officer on duty at the station, shall hasten to the 
 place of the fire, and there under the direction of the 
 mayor, or, in his absence, under the marshal acting in 
 concert with the chief of the fire department, take charge 
 of and guard all property which may be exposed, or 
 which may be put in their custody; to detain all suspi- 
 cious or disorderly persons, and to do whatever may be 
 lawfully done to protect the property and rights of citi- 
 zens and preserve the public peace. 
 
 Sec. 0. That the portion of the city lying east of Han- 
 cock street and south of Broad street shall be known as 
 the Fire District of the city of N"ew Bern, and any per- 
 son or persons who shall erect or cause to be erected, or 
 shall attempt to erect any wooden building, or shall erect 
 or attempt to erect or cause to be erected any ell or addi- 
 tion of any kind to any wooden building now erected 
 within said district above described until said locality 
 shall be visited and inspected by the fire district com- 
 mittee, who shall report on such erection, addition or 
 alteration, and the same ratified by the board— shall be 
 deemed guilty of a misdemeanor, and upon conviction 
 shall be fined fifty dollars, or imprisoned thirty days; 
 and each day said wooden building shall so stand or re- 
 main in course of erection shall be a violation of said 
 ordinance. 
 
36 
 
 CHAPTER V. 
 
 DISORDERLY HOUSES, DRUNKENNESS, GAMING TABLES, &C. 
 SECTION. SECTION. 
 
 1. Disorderly and bawdy houses. and drunkenness. 
 
 2. Police may demand admission. 4. Riot and disorders. 
 
 3. Cursing and indecent exposures 5. Gaming on streets. 
 
 Section]. Every person who shall keep a disorderly 
 house or house of ill fame within the limits of the city, 
 and any person who shall knowingly rent a house to be 
 used as a house of ill fame shall be fined upon conviction 
 ten dollars. And every day it is so kept shall constitute 
 a distinct offence. All adult persons living in such houses 
 shall be considered the keepers thereof and be subject to 
 the penalty of this section. 
 
 Sec. 2. If the occupant of any house shall i"ef use to open I 
 the doors and give entrance to any officer of the city or 
 members of the police demanding admission, for the pur- 
 pose of suppressing disorderly conduct therein, he or she 
 shall pay a fine of ten dollars. 
 
 Sec. 3. Every person found guilty of loud and boister- 
 ous cursing and swearing in any street, house or else- 
 where in the city, and every person found drunk in the 
 streets, alleys or in any public place of the city, disturb- 
 ing the peace thereof, or violating the rules of decency, 
 or any person found drunk and down in the streets of the 
 city, shall be fined on conviction five dollars. , 
 
 Sec. 4. If any person shall commit a breach of the i 
 
 peace, or engage in any riotous or disorderly conduct I 
 within the limits of the city, he shall pay upon conviction 
 
 a fine of twenty dollars. Provided, this section shall not i 
 
 be construed to relieve the mayor from the duty of bind- i 
 
 ing over the offenders according to law, if the offence is ] 
 
 one not properly triable before the mayor's court. { 
 
 Sec. 5. No faro or roulette table or other tables or 
 places for games in any manner resembling those, nor c 
 any other games of chance or adventure where money or « 
 other things of value are bet, or whereby the purchase of 
 any article depends upon chance, nor the sale of any prize d 
 boxes of candies or other things wherein the purchaser is {, 
 promised or led to expect anything over and above the i 
 articles purchased shall be made, exhibited or take place 
 in any of the public streets of the city. The offender upon 
 conviction shall be fined twenty-five dollars. Whenever ' 
 any policeman sees any person violating this section, it | 
 
37 
 
 shall be his duty to arrest the offender and bring him be- 
 fore the mayor to be dealt with. 
 
 CHAPTER YL 
 
 OBSERVA^XE OF THE LoRD'S DaY. 
 SECTION. SECTION. 
 
 1. Games and plays forbidden. : 4. Liquor and barber shops. 
 
 2. Abetting disorder, drunkenness. 5. Duty of police. 
 
 3. Stores, &c., to be closed. . 6. Bathing Sunday's, 
 
 Section l. 'No person shall be allowed to play at any 
 game on Sunday in the streets or in any public saloons 
 for eating- or drinking, or in any houses or grounds for 
 sporting. A violation of any one of these provisions 
 shall subject the offender to a fine of five dollars. And 
 the proprietor of such saloon, keeper of a billiard or other 
 gaming table, pins alley, or ten pins alley or other sport- 
 ing ground, who permits a game to be played at his table 
 or place on Sunday shall upon conviction be fined ten 
 dollars. 
 
 Sec, 2. Any person who shall be present on Sunday 
 aiding or abetting at any unlav\-ful or disorderly assem- 
 bly, or who shall be found drunk on the streets shall pay 
 a fine of two dollars for every such offence. 
 
 Sec. 3. Any person who shall keep open any store or 
 shop on Sunday for the purpose of buying, selling and 
 transacting business except in cases of necessity, shall 
 pay upon conviction a fine of ten dollars. But drug 
 stores and apothecaries' shops may be kept open at all 
 times. 
 
 Sec. 4. Saloons and halls for the sale of spirituous, vi- 
 nous and malt liquors shall not be kept open on Sunday, 
 nor the ordinary business transacted therein on said day. 
 The offender shall pay a fine of twenty-five dollars for 
 each and every offence. 
 
 A barber who keeps his shop open for ordinary business 
 on Sunday shall upon conviction be fined two dollars for 
 each offence. 
 
 Sec. 5. It shall be the duty of one policeman under the 
 direction of the mayor to go around at least once a month 
 for the purpose of apprehending persons offending against 
 the provisions of this chapter of ordinances, or who may 
 be found violating any of the ordinances of the city or 
 laws of the State; and for the purpose of detecting and 
 bringing to justice all persons offending against the peace 
 and good order of society. 
 
38 
 
 Sec. 6. ISTo bathing shall be permitted after 0 o'clock a, 
 m. on Sunday in any bath house in the city limits, neitlier 
 shall any owner of any bath house within the city limits, 
 be permitted to keep open said bath house after 9 o'clock 
 a. m. on the Sabbath day. Any person violating this 
 ordinance shall be fined five dollars. 
 
 Section 1. The grounds and building which are now, 
 or which ma}^ hereafter be established and used for the 
 purposes of a public market, shall be under the superin- 
 tendence and control of the city authorities. Every day 
 shall be a market day except Sunday; and the market 
 hours shall be fi'om 4 a. m. until 9 p. m. upon every mar- 
 ket day except Saturday, upon which latter day it shall 
 be from 4 a. m. to 10 p. m. 
 
 Sec. 2. The board of councilmen may appoint a clerk 
 •of the market with powers and authority as policeman; 
 who shall give bond, if required, for the faithful perform- 
 ance of his duties and whose compensation shall be fixed 
 by the board. 
 
 Sec. 3. The duties of the clerk of the market shall be 
 to see that the market house and grounds are kept clean 
 and decent; to preserve good order therein; to inspect j 
 whatever is brought to market: to rent out under the di- . 
 rection of the council such stalls, stands and benches as ^ 
 may belong to the city, and collect the rent for the same , 
 for the benefit of the city. In case any meat, fish or other 
 article be offered for sale which he shall deem unfit, un- 
 sound or unwholesome, he shall direct it to be with- \ ^ 
 drawn; and if the direction be not complied with, the 
 person offering the objectionable article shall be fined " 
 five dollars upon conviction. If any person attending 
 the market shall appear there intoxicated, or shall act in ii 
 a rude or disorderly manner he shall be taken before the i 
 mayor, and upon conviction of any such offence be sub- o 
 
 CHAPTER VIL 
 
 THE MARKET. 
 
 •SECTION, 
 
 1. Market days and hours, 
 
 2. May appoint a derk. 
 8. Duty of the clerk. 
 
 4. Intoxicating liquors. 
 
 5. Corn, how sold. 
 
 SECTION. 
 
 6. Hay, oats, fodder. 
 
 7. Fish, also fish boats. 
 
 8. Duty of police as to market. 
 
 9. Fish hucksters. 
 10. Oyster measures. 
 
 ject to a fine of two dollars. 
 
39 
 
 Sec. 4. No person shall be permitted to expose to sale 
 in the market house or grounds spirituous, vinous or fer- 
 mented liquors to be used there as a beverage. A viola- 
 tion of this section shall subject the ofi'ender to a fine of 
 five dollars for each offence. 
 
 Sec. 5. All corn and corn meal sold within the limits 
 of the city shall be by weight, and fifty-six pounds of 
 corn and fifty pounds of corn meal shall be equal to a 
 bushel. Any person who shall sell corn or meal contrary 
 to said regulation, shall pay a fine of five dollars for each 
 offence. Provided, that sales of one bushel by measure 
 and under may be done by measure. 
 
 Sec. 6. All fodder, oats, hay or other such provender 
 sold in the city shall be weighed on the public scales, and 
 the weigh-master shall give a certificate of the load, and 
 also of the cart or wagon when unloaded. And if any 
 person shall buy or sell fodder, oats, hay or other like 
 provender, which has not been weighed as herein direc- 
 ted, he shall pay a fine of three dollars for each offence ; 
 provided, this section shall not apply to sales of three 
 hundred pounds or under. The weigh-master's fee shall 
 be paid by the seller, and the rate per load shall be as 
 heretofore in use. 
 
 Sec. 8. Persons selling fish at the foot of Middle street 
 shall not sell the same on the wharf at the foot of said 
 street or on the market platform between the fish stalls 
 and the foot of the street, and fish boats shall not come 
 higher up the basin for the purpose of selling fish than 
 the upper fish stalls in the market. A violation of either 
 of these provisions shall subject the offender to a fine of 
 five dollars. 
 
 Sec. 8. The marshal or a policeman shall visit the mar- 
 ket at the foot of Middle street daily (Sunday excepted) 
 between the hours of 11 and 12 o'clock, and see that the 
 market is thoroughly cleansed and in good order, and 
 that no loafers are lounging thereabout. 
 
 Sec. 9. ISTo fish huckster shall sell fresh fish south of 
 South Front street at retail, except in a fish boat or in the 
 city market. Any offender shall be fined two dollars 
 on conviction. 
 
 Sec. 10. No oysters shall be sold at retail in tin meas- 
 ures except said measures be perforated in such a man- 
 ner as to allow all liquor to run out. Any person guilty 
 of so doing shall upon conviction be fined not more than 
 five dollars, not less than one dollar. 
 
40 
 
 CHAPTER VIIL 
 
 NUISANCES. 
 
 SECTION. 
 
 1. Tanyard, slaughter houses and 
 
 distilleries. 
 
 2. Stagnant waters in cellars. 
 
 3. Dead animals. 
 
 4. Privies. 
 
 5. Police to examine yards, privies. 
 
 6. Kitchen slops. 
 
 7. Hog stys. 
 
 SECTION. 
 
 8. Loud hallooing or cursing, 
 
 9. Indecent exposures, indecent 
 
 words or figures. 
 
 10. Bathing in rivers. 
 
 11. Lewed women. 
 
 12. Guano. 
 
 13. Obscene or profane language. 
 
 14. Bar rooms to close at 12, 
 
 Section 1, No tanyard, slaughter house nor distillery 
 of spirits or turpentine shall hereafter be established 
 within the limits of the city without permission of the 
 council. And ail persons violating this section shall pay 
 a fine of twenty-five dollars, and if the tanyard or dis- 
 tillery be suffered to remain for thirty days after notice 
 from the mayor or city council to remove the same, every 
 day after said term of thirty shall constitute a distinct 
 offence, and for each day the establishment shall be so 
 suffered to remain, the offender shall pay a fine of ten 
 dollars. 
 
 Sec. 2. Stagnant water in cellars or other places shall 
 be removed upon notice by the city marshal or mayor, 
 and the failure to i-emove for twenty-four hours after no- 
 tice shall subject the offender to a fine of five dollars, and 
 each subsequent day it shall be allowed to remain shall 
 constitute a distinct offence. 
 
 Sec. 3. It shall be the duty of every occupant of a city 
 lot to remove from the same any dead animal or other 
 nuisance which may happen to i3e thereon, without the 
 limits of the city, at least one hundred yards from the 
 bounds thereof, and from any public road, and if it be a 
 large animal to bury the same. A failure to perform the 
 duties of this section shall subject the offender to a fine 
 of ten dollars. 
 
 Sec. 4. No privy shall hereafter be constructed nearer 
 than ten feet to any public street, or nearer to a neigh- 
 bor's residence than it is to the owner's, if that can be 
 avoided. The sink shall not be more than two feet deep. 
 Tenants shall cleanse their piivies at least once in each 
 month, and in the months of May, June, July, August 
 and September shall have a sufficient quantity of lime, 
 ashes or other deodorizer thrown into them to prevent 
 them from becoming offensive; and filth removed from 
 them shall be deodorized with copperas, chloride of lime 
 
41 
 
 or other disinfectant before they are carried away. A vi- 
 olation of any of the provisions of this section shall sub- 
 ject the offender to a fine of five dollars for each and 
 every offence. And in case of new privies put up in vio- 
 lation of this section the offender shall be subject to a 
 fine of five dollars, and each week he suffers it to remain 
 after notice from the marshal or a policeman to remove 
 it, shall constitute a distinct offence, and shall subject 
 the offender to a like penalty. 
 
 Sec. 0. It shall be the duty of the policemen under the 
 direction of the mayor or a counciln^an to investigate the 
 condition of privies, back yards and other places in the 
 city when the council shall require it, and to notify the 
 owners or tenants of the places found in a filthy condi- 
 tion to cleanse the same. If they are not cleansed in five 
 days after notice the party in default shall pay a fine of 
 five dollars, and two dollars for each day such nuisance 
 shall continue. 
 
 Sec. 6. No person shall be allowed to convey out of his 
 or her kitchen, dish water or other slops into any of the 
 streets of the city; and no person shall be allowed to 
 throw filth of any kind, or conduct the same by drains 
 into the streets, ditches or gutters of the city. A viola- 
 tion of any of the provisions of this section shall subject 
 the offender to a fine of five dollars for each and every 
 offence. 
 
 Sec. 7. No hog sty shall be located within twenty-five 
 feet of any public street within the city; the offender 
 against this provision shall be subject to a fine of five 
 dollars. And all such stys wherever located shall be reg- 
 ularly cleansed and kept free from offensive odors. A 
 failure to comply with this requirement shall subject the 
 delinquent to a fine of two dollars. And each day after 
 notice it remains out of order shall be a distinct offence. 
 
 Sec. 8. Any person who shall be found guilty of loud 
 hallooing or screaming, or making any loud or extrava- 
 gant noise, except in case of fire, in the city in the day or 
 night time shall be fined three dollars. 
 
 Sec. 9. Any person who shall indecently expose him 
 or herself in any place to view, and do any obscene act 
 in a public place, or v/rite obscence language, or make ob- 
 scene marks or drawing on any fence or wall in a public 
 place, or cut and disfigure the street avails or fences, or 
 affix advertisements or bills to houses, walls or fences 
 without leave of the owners, shall for a violation of any 
 
42 
 
 one of these provisions pay a fine of five dollars for each 
 offence. 
 
 Sec. 10. No person shall be allowed to bathe during 
 the day time south of the Railroad wharf on East Front 
 street, in Neuse river, nor east of Long wharf in Trent 
 river. All persons violating this section shall be fined 
 two dollars or imprisoned ten days without or with labor. 
 
 Sec. 11. Any lewd woman or other person or persons 
 committing any breach of the peace, or indulging in dis- 
 orderly conduct of any character witliin the city limits, 
 shall pay a fine of twenty dollars or be imprisoned for 
 twenty days for each and every offence. 
 
 Sec. 12. Every consignee of guano or other manure, or 
 article offensive to the smell or detrimental to health, 
 shall within four days after notice of its arrival remove 
 the same; or if retained within the city shall stow it in 
 such manner as not to be offensive to the neighbors or 
 injurious to their health. If any person violating this 
 section shall after four days notice from the mayor 
 through a policeman, fail to remove or to stow the same 
 properly, he shall pay a fine of ten dollars, and each day 
 it remains after said notice of four days shall constitute a 
 distinct offence. 
 
 Sec. 13. All persons w^ho are heard using vulgar or 
 profane language on the streets of the city shall be fined 
 one dollar upon conviction. 
 
 Sec. 14. All bar rooms in the city shall be closed every 
 night at 12 o'clock and not reopened for business until 
 daylight in the morning. A violation shall subject the 
 offender to a fine of five dollars for each and every offence. 
 
 CHAPTER IX. 
 
 DOGS AND OTHER ANIMALS. 
 
 SECTION. 
 
 1. Dogs taxed. 
 
 2. Dog badges. 
 
 3. Penalty for not giving in. 
 
 4. Dogs without badges. 
 
 5. Dogs not of the city. 
 
 6. Gatherings of nuisances. 
 
 7. Animals not allowed to go at 
 
 SECTION. 
 
 large, &c. 
 
 8. Disposition of the sale money. 
 
 9. Penalty for suffering animals to 
 
 go at large. 
 
 10. Hogs in city limits. 
 
 11. Dogs and sluts. 
 
 12. Driving cattle. 
 
 Section 1. It shall be the duty of every person at the 
 time of giving in the annual list of taxable property for 
 the city, or at such other time as may be provided by the 
 board of councilmen, to declare on oath the number of 
 
43 
 
 dogs or sluts he may o^vn, or which may belong to any 
 one boarding or residing in his family. 
 
 Sec. 2. The tax collector shall prepare dog badges not 
 exceeding in price ten cents, and shall issue one for each 
 dog or slut which shall be listed as aforesaid, and for 
 which the tax shall be paid as aforesaid. And it shall 
 be the duty of all owners of dogs and sluts, upon paying 
 the tax, to purchase of the collector a badge as above de- 
 scribed which shall be attached to the animal. 
 
 Sec. 3. Should any person fail to give in his dog or 
 slut in the manner prescribed, and pay the tax for the 
 same as provided in the city charter, he shall be guilty 
 of a misdemeanor, and shall be fined upon conviction five 
 dollars or imprisoned ten days; and each dog or slut 
 omitted shall constitute a distinct offence. 
 
 Sec. 4. It shall be the duty of the city marshal to pro- 
 vide at the expense of the city, a pound in or out of the 
 same for the impounding of dogs, and to capture all 
 which shall be found in the streets or other public places 
 in the city without the aforesaid badge, and to impound 
 them for two days; and if they shall not be reclaimed 
 and the proper tax and also costs and charges paid with- 
 in said time, then it shall be his duty to put the animals 
 to death as nuisances. For his services in carrying out 
 these provisions the city marshal shall be allowed as fol- 
 lows: for capture of an animal. 25 cents; for feeding the 
 sam.e per day, 5 cents; for killing and transportation of 
 the carcass to such place as is required by ordinance, 25 
 cents; which sums shall be paid by the owner, and if not 
 paid by him shall be a charge on the city. 
 
 Sec. 5. If a dog or slut belonging to any person not a 
 resident of the city or within one mile of the same, shall be 
 taken up under the foregoing provisions, the same shall be 
 delivered to the claimant without charge; provided the 
 claim be m.ade in twenty-four hours after seizure, but if 
 not made within said time the claimant shall pay costs 
 and charges; and provided, further, it shall not be lawful 
 to seize any dog or slut belonging to any person not a 
 resident of the city if the animal shall be attached to a 
 vehicle of the ovvner, or shall be within his personal 
 presence. 
 
 Sec. 6. All gatherings of dogs and sluts in the public 
 streets and alleys disturbing the quiet and good order of 
 the same are hereby declared to be nuisances, and it 
 shall be the duty of police officers to abate the same in 
 
44 
 
 the best and speediest way, by killing the animals if 
 necessary. 
 
 Sec. {. No Horse, Poney, Bull, Oxen, Cow, Calf, Mule, 
 Hog, Goat, Sheep, Geese or Ducks, shall be allowed to 
 roam at large or to remain for the purpose of pasturage 
 or to graze upon any of the streets or open lots or grounds 
 within the corporate limits of the city of Nevv Bern. It 
 shall be the duty of the city marshal to impound such, 
 and to sell the same at the court house door to the high- 
 est bidder, after five days notice at the court house door 
 and in a daily paper of the city, unless the owner shall 
 have reclaimed them by paying to the city marshal one 
 dollar and all expenses of impounding them; and one 
 dollar shall be collected as often as any of these animals I 
 shall be permitted by their owners to go at large. 
 
 Sec. 8. The money arising from the sale of any one of 
 said animals over one dollar and expenses shall be paid 
 to the owner, or if the owner cannot be found, to the city 
 treasurer. If the animals belong to non-residents they 
 may be redeemed by the payment of 25 cents each and \ 
 the expenses of impounding them, and all moneys re- ; 
 ceived from such sales over and above 25 cents each and | 
 expenses, shall in like manner be paid to the owner if he 
 can be found, and if not to the city treasui-er. 
 
 Sec. 9. Any person permitting any of the animals 
 enumerated in the seventh section of this chapter to run 
 at large upon any of the streets of the city shall be fined i 
 upon conviction two dollars for each offence. 
 
 Sec. 10. No hog or hogs shall be kept within that por- 
 tion of the city of New Bern, between May loth, and 
 Nov. 15th, described and bounded as follows: Beginning 
 at the Railroad warehouse on Neuse river and running 
 thence with the railroad to Queen street, then with Queen 
 street to Bern street, then down Bern street to Lawson's 
 Creek or Trent river, then with said river to Neuse river, 
 and, then to the beginning. Any person violating this 
 ordinance shall on conviction be fined two dollars. 
 
 Sec. 11. Any dog or slut which shall he found on any 
 premises for five successive days, shall be deemed the 
 property of the owner, or if said premises be tenanted, of 
 the occupant of the premises on which said dog or slut 
 shall be found. 
 
 Sec. 12. No cattle of any kind that may be brought to 
 the city for sale shall be allowed to be driven through 
 any street of the same without having one rope on fore 
 
45 
 
 foot and one on head, and end of said ropes to be carried 
 by some person not less than 21 years old, except when 
 two are securely tied together, and then 'only two men 
 with r.>p as stated. Any one guilty of the above of- 
 fence shall be fined upon conviction not less than five 
 dollars for each and everv offence. 
 
 CHAPTER X. 
 
 CEMETERIES. 
 SECTIOX, I SECTION. 
 
 1. Names and uses of, j 12. No i^ersou to pass over walls. 
 
 2. Sexton for each. ' 13. Shooting in, 
 
 3. To dig graves. I 14. Horse not to move fast. 
 
 4. To enforce regulations. ' 15. Deposit of filth. 
 
 5. Sexton's duties and salaries, j 16. Earth not to be moved. 
 
 6. Record and report burials. : IT. No play ground. 
 T. Fees allowed. i 18. Repair'of vaults. 
 
 8. So person but sexton to dig. ; 19. Purchase of lots. 
 
 9. IriL-rrV_-rence with private lots. \ 20. "Mayor to make deed, 
 
 10. Removing or defacing memo- ; 21. Exhuming bodies. 
 
 rials. j 22. Sexton, police powers. 
 
 11. Injury to shrubs or flowers. | 23. Fences and hedges, 
 
 Sectiox 1. The graveyard usually called "Cedar Grove' 
 shall hereafter be used exclusively for the burial of white 
 persons; and the cemetery called " Greenu'ood'' shall be 
 used exclusively for the burial of colored persons: pro- 
 vided, that colored persons owning lots in Cedar Grove 
 may continue to use the same for the burial of their dead. 
 
 Sec. 2. There shall be appointed at the regular May 
 meeting of the councilmen in each and every year, a 
 sexton to take charge of the Cedar Grove cemetery and 
 a sexton to take charge of the Greenwood cemetery. 
 
 Sec. 3. Each sexton shall have the digging of all the 
 graves in his cemetery at such prices as may be estab- 
 lished, as a part of his compensation. He shall dig them 
 due east and west and five feet deep. 
 
 Sec. 4. It shall be the duty of the sexton to see that 
 all the laws concerning the cemeteries are duly observed; 
 and in case of violation to report the same to the mayor. 
 
 Sec. 5. The sextons shall keep their respective ceme- 
 teries in a neat and clean condition, performing all the 
 work which the}' may be directed to do by the board, and 
 give their whole time to work in the cemetery. And for 
 this they shall be paid respectively in addition to fees al- 
 lowed herein, two hundred and forty dollars from the city 
 treasurv. 
 
46 
 
 Sec. 6. It shall be the duty of each sexton to keep a 
 book in which the name, age, disease of deceased and 
 date of burial in their respective cemeteries shall be be re- 
 corded, defining as near as possible the spot Avhere each^ 
 body is buried, and each sexton shall make a report! 
 thereof to the board of councilmen at their regular meet- 
 ing in November in each and ever}- year. 
 
 Sec. 7. The following fees shall be allowed the sextons, 
 to-wit: for digging a plain grave and filling up the same, 
 one dollar and fifty cents; children not over ten years of 
 age, half price; for digging box grave and filling up the 
 same, two dollars; children of ten years and under, half 
 price; vault grave, three dollars; working on private 
 lots in cemetery, to be paid by the owner, twelve and a 
 half cents an hour or one dollar per day. 
 
 Sec. 8. No person other than the regularly appointed 
 sexton, shall dig any grave or dig up any sod in the cem- 
 eteries, except on lots which have been purchased as pri- 
 vate burial lots. Any person violating this provision 
 shall be fined upon conviction ten dollars. 
 
 Sec. 0, No person shall dig any grave, put any fence, 
 grave stone or board, make or construct anything, or dig 
 up any sod on a private burial lot, except under the di- 
 rection and by the consent of the owner thereof. A vio- 
 lation shall subject the offender to a fine of ten dollars 
 for each offence. 
 
 Sec. 10. No person shall remove the stakes or boundary 
 stones from a burial lot, nor any board, grave stone nor 
 other memorial or monument which may have been 
 erected at any grave; nor deface, injure or desecrate any 
 such board, stone or memorial in any manner. Offend- 
 ers shall pay a fine of ten dollars for each offence. 
 
 Sec. 11. No person shall cut or in an}^ other manner 
 injure or destroy any tree, shrub or plant, or v/antonly 
 injure or destroy any flower, either wild or cultivated, in 
 the cemeteries. Offenders upon conviction shall pay a 
 fine of ten dollars. 
 
 Sec. 12. No person shall pass into or out of either cem- 
 etery over the walls or fences, but must pass through the 
 gates. Offenders shall be fined two dollars for each 
 offence. 
 
 Sec. 13. No person shall discharge fire arms in either 
 cemetery. If this provision shall be violated the offender 
 shall pay upon conviction a fine of ten dollars for each 
 offence. 
 
47 
 
 Ssc. 14. Fo person shall drive, ride or lead any horse 
 or horse and vehicle in the cemeteries faster than a walk. 
 Penalty upon conviction a fine of five dollars. 
 
 Sec. 15. No person shall deposit or cause to be depos- 
 ited any filth or unclean or offensive matter in either 
 cemetery. The offender upon conviction shall be fined 
 ten dollars. 
 
 Sec. 16. No person shall excavate any earth in either 
 cemetery, or remove the same therefrom, excepting by 
 the consent or under the direction of the board of coun- 
 cilmen, or of the sexton, or of some other officer legally 
 authorized by the said councilmen. The offender shall 
 pay a fine of ten dollars upon conviction for each offence. 
 
 Sec. 17. It shall be unlawful for persons of any age to 
 use either cemetery as a play ground, and it shall be the 
 I duty of the sextons to prevent such use. If after being 
 i ordered by the sexton to desist they shall continue, it 
 shall be his duty to carry them before the mayor, who 
 shall fine such as are found guilty five dollars each. 
 
 Sec. 18. If any of the vaults or other places for the in- 
 terment of the dead in either of the cemeteries, shall get 
 out of repair or out of order in any respect, it shall be the 
 duty of the sexton to inform the owner thereof, and if he 
 cannot be found or do not attend to it when notified, the 
 sexton shall inform the mayor who shall take such action 
 upon it as he may deem advisable. 
 
 Sec. 19. All persons desiring to purchase lots in the 
 cemeteries must apply to the standing committee of 
 councilmen on cemeteries, whose duty it shall be to lay 
 off said lots and receive in cash payment therefor accord- 
 ing to valuations" arranged by said committee. 
 
 Sec. 20. Upon the payment of the sum above required, 
 the committee shall issue a certificate to the purchaser of 
 said lot, specifying the lot and the price paid. And upon 
 the presensation of said certificate the mayor shall make 
 a deed for said lot, and shall cause the clerk of the board 
 to enter in a book kept for that purpose, the date of The 
 deed, the description and price of the lot, and to whom 
 sold. 
 
 Sec. 21. No dead body shall be exhumed from either of 
 :the graveyards except in the months of November, De- 
 cember, January, February, March and April, and then 
 ' only by permission of the mayor or board. Penalty, a 
 fine of twenty dollars upon conviction. 
 
48 
 
 Sec. 22. The sextons above named shall have within 
 their respective cemeteries, the pov^er and authority of 
 policemen, and may arrest any person for violation of 
 the ordinances of the city or regulations of their respect- 
 ive cemeteries. And the same authority shall be exer- 
 cised by their legally appointed assistants. 
 
 Sec. 23. No fence shall be erected or hedge grown in 
 Cedar Grove Cemetery over three feet in height, except 
 archways which shall be granted by Cemetery commit- 
 tee. Any person or persons violating this ordinance shall 
 upon conviction be fined five dollars. 
 
 CHAPTER XL 
 
 PAYMENT OF MONEY. 
 SECTION. SECTION. 
 
 1. Oldpr of board, &c. 3. Clerk to retain stubs. 
 
 2. Warrants must state, &c. 4. Payment of city debts. 
 
 Section 1. No money shall be paid out of the city 
 treasury unless by order of the board of councilmen in 
 meeting assembled; and then only by a warrant issued 
 by the clerk of the board, signed by him and counter- 
 signed by the mayor. 
 
 Sec. 2. All warrants shall state upon their face the na- 
 ture of the claims for which said warrants are drawn. 
 
 Sec. 3. The clerk of the board shall in each and every 
 case retain in a book kept for that purpose, a stub or du- 
 plicate of every such warrant issued. 
 
 Sec. 4. No debt created by any city officer or employee 
 shall be recognized or ordered to be paid by the board, 
 unless upon a certificate from the clerk that it is due, 
 countersigned by the mayor, and then only for sums not 
 exceeding twenty-five dollars. 
 
 CHAPTER XII. 
 infectious diseases, 
 
 SECTION. SECTION. 
 
 1. Infectious persons brought in. 3. Hospital and removal. 
 
 2. Infected coming in. 4. Medicines, &c. 
 
 Section 1. No person without first obtaining for that 
 purpose the permission of the mayor or the board of 
 councilmen, shall knowingl}^ bring or allow to be brought 
 or shall connive at the bringing into the city any person 
 in his or her employment, or under his or her management 
 or control, afflicted with small pox, yellow fever or other 
 
49 
 
 mortal disease of a contagious or infectious kind, and 
 every person offending against this ordinance shall for- 
 feit and pay twenty-five dollars, and all expenses and 
 charges incurred by the city corporation on account of 
 such afflicted person so brought into the city. 
 
 Sec. 2. If any such afflicted person shall come into the 
 city without permission as aforesaid, he shall for such of- 
 fence forfeit and pay twenty-five dollars. 
 
 And the offender against the provisions of either of the 
 foregoing sections (1 and 2) in any respect, shall be guilty 
 of a misdemeanor and fined upon conviction twenty 
 dollars. 
 
 Sec. 3. The board of councilmen shall have power to 
 remove from the corporate limits of the city to a hospital 
 or other place without the city, any person who may be 
 afflicted with small pox, yellow fever or other mortal dis- 
 ease of an infectious or contagious character. And it 
 shall be their duty to do so, whenever in the judgment 
 of the board such removal may be necessary and expe- 
 dient to prevent the further spread of the disease. 
 
 - Any person attempting by threats or force to prevent 
 a removal to the hospital of any person ordered to be re- 
 moved thither, shall pay a fine of twenty dollars upon 
 conviction. 
 
 Sec. 4. All applications for medicines by the poor of 
 the city, authorized by the board of councilmen, shall be 
 made to the mayor, and he shall countersign the pre- 
 scriptions and keep a suitable book in which the names 
 of all such applicants shall be recorded. 
 
50 
 
 CHAPTER XIII. 
 
 MISCELLANEOUS. 
 
 SECTION. 
 
 1. Board may elect attorney. 
 
 2. Resignation of councilmen. 
 
 3. Dog nuisances. 
 
 4. Seamen buying or selling. 
 
 5. Cruelty to brutes. 
 
 6. Depositing garbage. 
 
 7. Market stalls. 
 
 8. Slaughtering animals. 
 
 9. Vagrants. 
 
 10. Posters protected. 
 
 11. Resisting police. 
 
 12. Sale of Oysters. 
 
 13. Merchandise on sidewalks. 
 
 14. Vacent lots. 
 
 SECTION. 
 
 15. Aqueducts. 
 
 16. Boxes, &c. 
 
 17. Carters. 
 
 18. Pump tenders. 
 
 19. Mayor to imprison. 
 
 20. Penal laborers. 
 
 21. Boys boarding trains. 
 
 22. Oyster shells. 
 
 23. Smoking at Cotton Exchange. 
 
 24. Graded School fence. 
 
 25. Steamers movements. 
 
 26. Draymen's License. 
 
 27. Retailing wood at wharves, &c. 
 
 28. Ordinances ratified, &c. 
 
 Section 1. The board of councilmen may at the first 
 regular meeting in May, or at any time during the year, | 
 elect a city attorney who shall hold his office during the 
 term of the then existing board. It shall be his duty to 
 act as legal adviser of the board and of the officers of the j 
 city, to represent the city in all actions brought by or 
 against it, and to perform such other duties as the board | 
 shall from time to time impose. His rate of compensa- 
 tion shall be determined by the board. 
 
 Sec. 2. No member of the board of councilmen shall be 
 allowed to tender his resignation except in writing, and 
 the same shall lie on the table as a matter of course, un- 
 til the next regular meeting. 
 
 Sec. 3. All gatherings of dogs and sluts in the public 
 streets and ways disturbing the quiet and good order of j i 
 the same, are hereby declared to be nuisances, and it 
 shall be the duty of police officers to abate the same in j 
 the best and speediest way, by killing the animals if j 
 necessary. I 
 
 Sec. 4. All officers or seamen attached to any steam- o 
 ship or sailing vessel coming into this port, who shall 
 bring goods, wares, merchandise or articles of food, for 
 sale; or who shall buy in this market as aforesaid to sell 
 out of the State, before selling or buying to sell again, 
 shall obtain a license to do so and pay the tax prescribed t( 
 by ordinance. And if any one shall sell or offer to sell, 
 or buy to sell again within the meaning and purview of „ 
 this section, he shall be fined upon conviction twenty-| 
 five dollars. 
 
51 
 
 Sec. 5. Any and all persons who shall cruelly use or 
 barbarously treat any animal on the streets of Xewbern, 
 or in public anywhere within the corporate limits of the 
 city, shall upon conviction before the mayor pay a fine of 
 twenty dollars, or be imprisoned at labor or otherwise for 
 thirty days. 
 
 Sec. G. With respect to refuse matter, garbage, ashes 
 and filth of every description that may accumulate on 
 lots or business stands, it is hereby ordained and direct- 
 ed, that the occupants, and if not occupied, the owners, 
 shall collect and deposit the same in barrels, boxes or 
 other receptacles, on the sidewalks in front of their re- 
 spective lots on Tuesdays and Fridays of each week be- 
 fore 9 o'clock, a. m.. of each day. The person failing 
 shall pay a fine of two dollars. 
 
 Sec. 7. It is further ordained that all decayed vegeta- 
 ble matter, offal, garbage or sweepings of any kind, col- 
 lected in or ai'ound the stall of any public or private 
 market, shall be deposited by the occupant of said stalls 
 in fit ami proper receptacles, and placed in convenient lo- 
 cations for removal before 10 o'clock, a. m., of each day. 
 The person failing shall pay a fine of two dollars. 
 
 Sec. S. It is ordained that no beast of the cow kind, 
 hogs, sheep or goat shall be slaughtered within the city 
 limits. The violator of this section shall pay a fine of 
 five dollars upon conviction for each and every offence. 
 
 Sec. 9. The police are hereby instructed to arrest all 
 persons having no visible means of support, and failing 
 to leave the city or apply themselves to some useful oc- 
 cupation, shall be put to woi'k on the streets by the 
 mayor for twenty days. 
 
 Sec. 10. Xo person or persons shall tear down or de- 
 stroy any bill, advertisement or poster fixed where it has 
 a right to be by the ordinance of the city, and for an of- 
 fence in this particular a person convicted shall pay a fine 
 of two dollars. 
 
 Sec. 11. Resistance to any of the police in the city in 
 discharge of their duties, by words, threats or the use of 
 physical power, or a.nj attempt to incite others to do so, 
 shall subject the offender to a fine of twenty dollars, or 
 to imprisonment at labor for thirty days. 
 
 Sec. U. Xo oysters shall be brought to or sold in this 
 market or city, between the fifteenth of May and the first 
 of October of each year. A violation of this ordinance 
 shall subject the offender to a fine of five dollars. 
 
52 
 
 Sec. 13. N"o person shall be allowed to hang any sign, 
 clothing or articles of merchandise over the sidewalks of 
 the city, unless the same be at an elevation of at least 
 eight feet. The offender shall pay a fine of two dollar^ 
 for each offence. 
 
 Sec. 14. Vacant lots in the business parts of the city 
 must be kept under fence. If not so put and kept by the 
 owners after notice, the city shall do it and tax owners 
 with the costs. A failure for five days after notice to en- 
 close such lots, shall furthermore subject the owners to a 
 fine upon conviction of five dollars. 
 
 Sec. 15. All persons shall be required to keep sewers 
 and acqueducts that pass through their gardens, lots or 
 grounds, open and in good order from April first to Oc- 
 tober first in each year, and upon failure to do so, it shall 
 be the duty of the marshal to open the same at the ex- 
 pense of the owners. And a failure after notice shall 
 also subject the offender upon conviction to a fine of five 
 dollars. 
 
 Sec. 16. No barrels, boxes, packages or other obstruc- 
 tions, shall be allowed to remain on any of the sidewalks 
 or any of the streets of the city for a longer period than 
 six hours; provided, this ordinance shall not apply to 
 any boxes, barrels, packages or other obstructions that 
 do not extend more than three feet from the building, 
 nor apply to chicken coops that may be erected over gut- 
 ters and sewers'not less than two feet above ground; and 
 provided also, said barrels, boxes, packages, etc., allowed 
 on the street as above stated shall be withdrawn daily at 
 sunset. A violation of any provision of this ordinance 
 shall subject the offender to a fine of five dollars. 
 
 Sec. 17. No person shall engage in carting or draying 
 for hire upon the streets of Newborn, without first ob- 
 taining a license to carry on the business, of public dray- 
 ing for six months, and giving a good and sufficient bond 
 of one hundred dollars to indemnify all persons from any 
 damage or loss sustained by reason of carelessness, neg- 
 ligence or breach of trust on the part of said drayman in 
 the pursuit of his business. That each dray -and cart 
 shall be numbered, the number thereof recorded upon 
 the license and issued to the party applying therefor. 
 The bondmen aforesaid shall become responsible for any 
 and all loss or damage arising from carelessness, negli- 
 gence or a breach of trust on the part of the drayman 
 or person in charge of said dray or cart. Any person 
 
53 
 
 who shall change, alter or intentionally deface the num- 
 ber upon any public dray or cart, shall upon conviction 
 be fined ten dollars or imprisoned with or without labor 
 for the space of thirty days. The tax on each cart or 
 dray shall be fixed by the board of councilmen in the 
 general ordinance assessing the license or privilege taxes. 
 And any person found draying or carting upon the 
 streets for hire, without getting a license and giving 
 bond as required, shall upon conviction be fined ten dol- 
 lars or imprisoned thirty days. 
 
 Sec. 18. That the person who may be in the employ- 
 ment of the city authorities to keep the pumps and wells 
 in order, shall be vested with powers of a policeman 
 without salary as such, to look after or protect the same 
 from all damage or injury of any kind; such employee is 
 authorized to arrest any and all persons who may be 
 found violating any of the city ordinances in respect to 
 pumps and wells, and cany them before the mayor to be 
 dealt with as the law directs. 
 
 Sec. 19. In carrying into effect the ordinances of the 
 city wherein pecuniary penalties are prescribed, it shall 
 be lawful for the mayor, if the fines be not promptly 
 paid, or if in his judgment they cannot or will not be 
 paid, to substitute or add imprisonment not exceeding 
 thirty days with or vrithout labor. And it shall also be 
 within the discretion of the mayor after conviction to re- 
 mit the penalties to such fines or terms of imprisonment, 
 as he may judge the nature of the case and the public 
 good require. 
 
 Sec. 20. In cases where defendants shall be adjudged 
 to be imprisoned, it shall be competent for the mayor 
 not only to order that the said defendants work, during 
 the period of their confinement, upon the streets and 
 public works of the city; but also shall have power 
 through the marshal of the city, to organize a chain gang 
 of such persons as shall be sentenced as aforesaid, or oth- 
 erwise to provide some suitable and efficient means to 
 prevent the escape of the prisoners while at work; pro- 
 vided, that in no case shall women or boys under the age 
 of fourteen years be placed in the chain gang; nor shall 
 any means be used to restrain said prisoners which shall 
 be'injurious to their health; and provided further, in no 
 case shall the time for which said prisoners shall be sen- 
 tenced to work exceed thirty days. 
 
 Sec. 21. All boys under 16 years of age seen jumping 
 
54 
 
 on the Train while passing through the city shall be fined 
 two dollars and fifty cents for each offence. 
 
 Sec. 22. No oyster shells shall be allowed to remain 
 within the city limits longer than twelve hours. A viola- 
 tion of this ordinance shall on conviction be fined five dol- 
 lars and the shells shall be removed by the city at the 
 expense of the offender. 
 
 Sec. 23. No person or persons shall be allowed to smoke 
 either pipe or cigar on the platform erected on Craven 
 street by the Cotton Exchange. Any person violating 
 this ordinance shall be deemed guilty of a misdemeanor 
 and shall be fined on conviction five dollars for each and 
 every offence. 
 
 Sec. 24. No person shall be allowed to pass through or 
 over nor swing upon the wire fence around the graded 
 school building. Any one so doing shall upon conviction 
 be fined five dollars for each and every offence. 
 
 Sec. 25. No vessel moved by steam power and using 
 wood for the purpose in passing from one part of the city 
 to another or in passing into or out of the same, shall pass 
 nearer to the wharves and docks than two hundred 
 yards. That all steamers shall shut off their exhaust 
 in the smoke stack half a mile before they reach their 
 landing and not to again open the exhaust in the stack 
 until they are half a mile from the landing. For a viola- 
 tion of this ordinance the owners and commanders of 
 such vessel or vessels shall be fined for each offence upon 
 conviction, fifty dollars or thirty days imprisonment. 
 
 Sec. 26. All persons wishing license as draymen on the 
 streets of the city shall make application to the mayor 
 and committee on ordinances and licenses, with bond 
 accompanying said application; and if approved by them 
 then the city tax collector is authorized to issue license to 
 said draymen. 
 
 Sec. 27. It is ordained that no person or persons shall 
 be allowed to retail any wood from any flat or boat of 
 any kind, lying at any dock or wharf within the city 
 limits without procuring license for selling the same. It 
 is further ordained that no wood, bricks, or any other ar- 
 ticle of merchandise, shall be permitted to remain on any 
 public wharf within the city limits for a longer period 
 than twelve hours. Any person or persons violating this 
 ordinance shall upon conviction be fined five dollars. 
 
 Provided, that this ordinance shall not prohibit parties 
 
55 
 
 living without the city bringing wood, brick and produce 
 within the city from selling the same from any \vharf or 
 boat for twelve hours after their arrival. 
 
 Sec. 28. Resolved, That the foregoing ordinances be and 
 the same are hereby ratified and adopted by the board 
 of city council at their regular session held the 1st day of 
 Dec, 1885; and it is twvthQv Resolved, that all ordinances 
 heretofore passed for the government of the city of New- 
 bern, which are repugnant to the provisions of the ordi- 
 nances above set fortli. are hereby repealed; but ordinan- 
 ces not so repugnant are still in force. No offence com- 
 mitted and no pelalties incurred under any ordinance 
 thus repealed shall be affected by this repeal. 
 
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