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Whole Xo. 501.
Tarborough, (Edgecombe County, X. C.) Friday, May 3, 183 .
Vol. X vYo. 33.
mi mm .cjr mn i in .-iviiji'.iiJwyiiiiwwtnmwi
77k "Tarbiir.Htzh Free Press,"
r.v i;i:ok(;i: howaiid,
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Laws of North Carolina, 1831-32.
AN ACT
For the bi tter regulation oj the Town oj
Tarborough, in Edgecombe county.
Whkkeas the limits and boundaries of ihe
town of Tarborough have been ascertained and
fixe J by law, but the laws made for Ihe regula
tion and government of the same are imperfect
and deficient:
enacted by the General Assembly of
the SI ale of North Carolina, and it is hereby
enacted by the authority of the same, Thai
tor the government of the town of Tarborough,
the sheriff of Kdgecombe county shall annually
on the fust Monday in April, (or in case of
unavoidable necessity as soon thereafter as possi
hie.) hold an election at the eourt house in the
town of Tai borough for one Magistrate of police
and five commissioners for said town; which e
lection the sheriff shall give public notice of ten
days previously, and shall nominate two freehol
ders of said town to hold said election; and the
polls shall be kept open from eleven in the mor
ning till three o'clock in the afternoon of the ap
pointed day; and every free white male residing
in said town, and who shall have resided there
six mouths previously, shall be entitled to vote
for said officers; and the sheriff shall declare those
persons elected who shall receive iho highest
number of votes for the respective offices, and
shall immediately notify said persons of their e
leclion, who shall, within ten days after notifica
tion, qualify and lake charge of the duties of
their olHces, or forfeit the sum of twenty dollars,
lo be for the use of the town treasury, recovera
ble before any justice of the peace of the county
at the suit of one or more of the commissioners
who do qualify; and in the event of a refusal to
qualify by all elected, with any consent or uu
!erstandinr whatever, whete the election is de
feated,thev shall be guiltyof an indictable offence,
cognizable before the Superior Court of Edge
combe; ami when any vacancy occurs in the a
bove oiTices, the sheriff on being duly notified
shall order a new election, in the same manner
us prescribed above; and for every election held
under this act, tiie sheriff shall be paid to the com
missioners the sum of four dollars, and for fail
ing to comply with the requisitions of this act,
shall forfeit lor every offence the sum of twenty
dollars, to be recovered by motion in the Coun
ty Court, at the instance of lire chairman of the
court, for the use of the town Sieasury, the sher
iff having had five days ptevious notice of the
same.
II. Be it further enacted by the authority
of the same, That no person hall be eligible as
magistrate of police, or commissioner, who does
not reside in the town of Tai borough, and pos
sess theerin a freehold estate; nur shall any ma
gistrate of police or commissioner be eligible for
more than two years in succession.
III. Beit further enacted, That the com
missioners, before they take on themselves the
discharge of their duties, shall qualify and take
the following oath: I, A. J5. do solemnly swear
that 1 will faithfully perform the duties of com
missioner of the town of Tarborough: so help
nie God." And when thus qualified, they shall
he, and are hereby incorporated into a body cor
porate and politic by the name of "The commis
Moners of the town of Tai -borough," and by that
name shall have succession by election as pre
scribed in this.'tct, and have ability to sue and be
sued, implead and be impleaded, answer and be
answered, in any eourt of record or other judicial
tribunal whatever; and for the proper regulation,
protection, improvement and government of the
town, shill have lull power antl authority lo
make and enforce all laws, rules and ordinances
which they consider right or necessary, provi
ded iheyate not inconsistent with the laws" or
e ujsiitutiou of this Slate or of the United States;
i!o-y shall keep a record of their proceedings, and
may appoint a treasurer, clerk, town constable,
overseer of the stieets, & any inferior officer their
situation or convenience may require; to assign
:.nd point out their duties, and fix their compen
sition: and to enforce their laws and ordinances,
they are hereby fully authorised and empowered
to impose such fines, taxes or punishments as
may enforce obedience. Said lines, taxes and
punishments to be recovered and enforced
through a magistrate of police. The commis
sioners are required to meet monthly during
their continuance in office; a majority of them
shall at all times be necessary and requisite to
transact business.
IV. Be it further enacted, That the magis
trate of police shall, before entering on ihe dis
charge of his duties, take the following oath:
"1, A. 15. do solemnly swear th3t,as magistrate
of police of the town of Tarborough, 1 will do
justice and equal right in all cases whatever to
ihe best of my judgment; and all fines and a
mercements made in accordance with Ihe laws
and regulations of said town, I will cause to be
duly returned to the proper officer; and that I
will faithfully discharge the duties of my office
to the best of my ability and judgment: so help
me God." And it shall be his duty t' enforce
the laws and ordinances of the town, and punish
the offenders and violators of the same; and to
do and effect which, he is fully authorised and
empowered to issue his warrant to the sheriff, or
to any constable, to bring before him the offen
der or offenders; rnd on conviction, which shall
be in the same manner of trials before justices of
the peace, the said magistrate of police is author
ised to give judgment, and award execution a
greeable lo law; which judgment or execution
the sheriff or constable is fully authorised and re
quired, under the usual penalties of the law, to
execute and enforce: and for the proper execu
tion of the above purposes, and the laws of the
town, the magistrate of police is hereby invested
with lull power to issue subpoenas, examine wit
nesses, administer oaths; as far as the limits and
laws of the town aie concerned, is vested with
all (he powers and authorities of a justice of ihe
peace; and all fines, penalties, forfeitures and pun
ishments incurred under the town laws, or im
posed by the commissioners of the town, shall
be enforced by him in 'accordance with the pow
ers vested in him by viitue of his office: Provi
ded always, that the defendant shall be allowed
to appeal to the County Court, upon giving good
and proper security for the costs, or for his per
sonal appearance at court, as the case may be.
V. Be it further enacted. That for the improve
ment and support of the town, and for the pay
ment of the contingent expenses thereof, the
commissioners shall annually, before the first
day of August, levy a tax on Ihe real estate, with
the improvements, in said town, not exceeding ihe
rate of fifty cents to every hundred dollars worth
of the same; and also a poll tax on the white
male residents of the town between the ages of
twenty-one and fifty-five, not exceeding one
dollar per capita: and in order to procure an ac
curate list of ihe properly and persons liable to be
taxed by the town laws, it is hereby made the duty
of t he County Court of Edgecombe, at every May
term, to appoint some justice of Ihe peace of said
county, who shall, belwien the first and last days
of June, receive on oath from the inhabitants of
said town a true and accurate lis! of all persons
and properly liable to pay taxes, and shall make
return of such lists under his hand and seal to
the commissioners at their next meeting thereaf
ter; and every person failing to give in as afore
said, shall he assessed in double the amount he
would otherwise be liable for; and to collect
ihese taxes, the commissioners shall depute some
person properly qualified, allowing him suffi
cient compensation for the same, w ho shall col
lect and account for the taxes by the first of No
vember succeeding; and the person or officer
thus deputed or appointed shall have all the pow
ers and authorities to collect the same that any
other collector of ihe public taxes of the Stale or
county have; and if any owner of real estate in
the town shall neglect or refuse to pay the laxes
for the same for more than twelve months, the
said real estate, or so much thereof as may dis
charge the arrears of taxes, may be sold afier giv
ing six weeks public notice of the sale in some
newspaper and advertising the same at the court
house door.
VI. Be it further enacted. That the Counly
Court shall not grant license to any person to re
tail spiritous liquors in less quantities than a
quart within the limits of the town of Tarbo
rough, without a written recommendation from
the board of commissioners; and every license
thus granted shall be annually renewed; and any
person retailing in violation of this act, shall for
feit and pay for every offence the sum of five
dollars, to be recovered on conviction before the
magistrate of police, besides the liability of be
ing indicted in the County or Superior Courts
under the laws of the Slate: Provided, that no
thing herein contained shall in any manner con
flict or interfere wilh the laws of the State pro
hibiting the trading and trafficking with slaves
many article whatever.
VII. Be it further enacted, That as great
danger frequently arises to the inhabitants and
property of the town from the imprudent use of
stoves, and the improper erection of wooden
chimneys and blacksmith's shops in populous
parts of the town, that from and after the first
day of February, one thousand eight hundred
and thirty-two, " no stove, wooden chimney or
blacksmith's shop shall be erected or used in the
town of Tarborough without the written per
mission of the commissioners, specifying the
place and manner ol Using and erecting the same;
ami (or every offence againt Ihe provisions of
this act, the ohender shall pay not less than
three, nor more than twelve dollars for every
month's continuance of the same; and for every
less period than a month, at ihe bove rates, at
ihe discretion of the magistrate of police, before
whom said penalty shall be recovered on infor
mation lodged by the emmissioners. That it
being incumbent on the commissioners of the
town to keep the streets in good order and repair,
VIII. Be it further enacted, That for ibis
purpose, they shall have full power and authority
to do ihe same, either by calling out the inhabit
ants of the town to work in the manner herein
after prescribed, or by letting out the keeping
and repairing of the same, and laying an annual
tax on the citizens and real estate within the
town to pay the expense thereof: Provided, that
the poll tax be levied only on the white male
residents of the town between the ags of twenty-one
and fifty, and on the male slaves between
the ages of sixteen and sixty; and said tax shall
not exceed two dollars per capita, and the tax
on real estate shall not be at a greater rale than
fifty cents for every hundred dollars valuation
thereof. Hut should the commissioners think
proper lo call out tl.o inhabitants to work on
said streets, (and every person shall be liable to
work who is made liable lo be taxed for the
streets,) the overseer appointed for the purpose
shall give at least three days notice to every per
son thus called out; and if any person shall fail
to appear by himself or such substitute as may be
accepted by the overseer, and work on the streets
as may be required, he shall forfeit and p3y for
every failure fifty cents, to be collected by war
rant befoie the magistrate of police, at the suit of
ihe commissioners, the evidence of the overseer
being sufficient to convict any delinquent. The
owner or employer of slaves shall be liable for
his or their compliance w ith the requisitions of
ibis act, in the same manner as they ihemselves
are liable; and all persons of the above description
(including free negroes) who have been residents
of Ihe town for thirty days previous to any work
ing day, are liable lo be called out lo work on the
streets: Provided, that no person shall be com
pelled to work more than tvrelve days in each
year, and the commissioners may remit or excuse
any fine that the justice or equity of the case
may require; and that any person may exempt
himself from working on the streets during one
year by paying in advance three dollars to the
lown treasurer.
IX. Be it furthf.r enacted, That the com
missioners are fully empowered lo preserve and
protect the public grounds and seets of said
town from all encroachments or obstructions; and
wherever the public grounds or streets are en
closed or encroached on, they shall have full
power to remove the same, or levy an annual
tax, not exceeding one dollar for every square
foot of ground occupied or encroached on.
X. Beit further enacted, That the commis
sioners shall make such regulations and ordinan
ces as shall promote the health of the town; and
no person shall be allowed to create or occasion
any nuisance to the annoyance of the health, good
order or peace of said town. Should any such
nuisance be or exist on any of the streets or pub
lie grounds of the lown, the commissioners shall
remove ihe same at the expense of the individu
al creating or committing it; and if any owner
or occupier of a lot shall cause or permit any
nuisance on said lot, or if any person besides the
owner should cause or create any nuisance on
any vacant lot, on information thereof lodged by
the commissioners or any citiz.en before the ma
gistrate of police, he shall immediately notify the
owner or occupier of said lot or offender against
these regulations that he is required to remove
the said nuisance in a specified time; and if he,
she or they refuse or neglect to remove the same,
the magistrate of police shall have full power
and authority to issue his warrant to the sheriff
or any constable to arrest said offender and bring
him, her or them before him; and the magistrate
of police shall have power to impose a penalty or
fine not exceeding ten dollars for the first of
fence; and if the offender shall still refuse or ne
glect to remove the nuisance for ten days, he may
in the same maimer he fined not exceeding one
hundred dollars; and for a continuance of the
nuisance after that, a daily fine or tax not ex
ceeding ten dollars may be imposed during its
continuance; but if the nuisance should be of im
mediate or extraordinary danger or annoyance,
the commissioners may in the first instance re
move the nuisance or the causes creating the
same at his, her or their expense: Provided, that
the privilege of appeal by giving good security
shall be allowed the offender from the decision of
the magistrate of police to the County Court;
and as nuisances frequently arise from running at
large of bogs, dogs and other dangerous and
troublesome animals, the commissioners shall be
empowered to adopt such regulations concern
ing the same as the comfort and security of the
citizens may require.
XI. He it farther enacted. That for the securj-
jty of property and the personal safety of the cit
izens, the commissioners, whenever they deem it
necessary or expedient, shall establish a night
watch or patrol for the town; an(i whenever the
funds of the town are inadequate for the pay
ment of an hired watch or patrol, they may call
out the white male inhabitants of the town be
tween the ages of eighteen and sixty years of
age to perform said duty, and class them in such
numbers and companies as will best answer the
purpose intended; and the commissioners shall
have full power to make such regulations as will
enforce the compliance of the inhabitants wilh.
this duty.
Presentments of the President. The
Grand Juries of the late Superior Courts
of Davidson and Rowan, presented the
President of the United States for bis
measures in relation to the public depos
ites. They speak of his conduct in 'he
severest terms of reprehension, calling it
"arbitrary, despotic, unconstitutional,
reckless, obstinate, haughty, kingly, "&c.
RaL Star.
GIn attempting to cross the river at
Camden, S. C. on the 13th instant, with
the Southern mail and several passengers,
the current was so strong, there being an
unusual freshet, tin? flat was hurried down
the stream with great rapidity, and struck
a tree, which crushed ii to pieces. Ihe,
horses swam ashore, and all the persons
on board (except a negro man) saved
themselves by clinging to the boughs of
trees. The negro was drowned. One
of the mail bags was saved, but the oth
ers have not been heard of. ib.
Snow. The Rutherfordton Spectator
states that ihe Blue Ridge, and othpr high
mountains in Buncombe county, were co
vered with snow, to the depth of eight
inches, on the 7th inst. ib.
OCTOn the 15th instant, Mr. Thomas
Scarlett, upwards of 80 years of age, in
attempting lo cross the river at Hillsbo
rough, fell from his horse and was drow
ned. ib.
The Scarlet Fever. A writer in the
Boston Medical and Surgical Journal, in
a letter dated Talbottom (Ga.) recom
mends the use of spirits of turpentine in
Scarlet Fever. lie states that he has
prescribed it in many cases, where the e
ruptions had only slightly and partially
appeared, and it acted with great effica
cy the whole surface became covered
wilh the rash, and the patients were
soon greatly relieved of an inordinate
oppression, no less disagreeable than
dangerous. The plan of administering
this simple remedy is described as fol
lows: " As soon ns I find the disease has
made its attack, or as soon thereafter as
the paroxysms of fever have somewhat
subsided, 1 administer from ten to fifteen
drops to a tea-spoonful of spirits of tur
pentine (according to the age of the pa
tient,) with one, two, or three tea-spoonfuls
of castor oil, mixed together; and
this I repeat every day, or sufficiently of
ten to keep the eruption full on the sur
face.''
Pain in ihe Ears. A lady has told us
the following simple cure for pain in the
ears. A small bit of cured Bacon put
into the ear and permitted to remain.
She has known it to prove a perfect cure
in one or two cases in which it was applied.
GTReally we were upon the point of
sliedditig tears when we read the follow
ing from the Boston Mercantile Journal:
"The editor of a paper printed in the
western part of the State, accounts for the
non-appearance of his snect at inn ap
pointed time, by saying that he had 'no
paper on hand, ami .nothing to buy any
with.1 Poor fellow! Hard times these,
to have neither cash nor credit."