Che Library of the University of North Carolina Callection of North Caroliniana Vp 35 292 C4eon Gio . Pope Mg Bb “ ou nt See me + hii Y; ; F t 3 THE ACT OF THE GENERAL ASSEMBLY or the Better Bequlation of Chapel Bill, Ravirimp 29th January, 1851; THE REVISED STATUTE Concerning the Cuisersity, RatirieD 29th January, 1855: AND THE ORDINANCES OF THE COMMISSIONERS OF CHAPEL HILi, ADOPTED IN CONFORMITY THERETO, 3d March, 1855, = IROL CM ELI UI Wl Cel OL Ee HILLSBOROUGH: _ PRINTED BY D. HEARTT & SON, BS, pe crane Re bie Pag B Ain. * - Sta 58): eee 2 ie ore oe rare ee ap ee : fs a Sia OLA A oe Pe tere AE pr hs ry ey oS 2 I by ct Be Pee ? INCORPORATION, AN ACT FOR THE BETTER REGULATION OF THE VILLAGE OF CHAPEL HILL. Section 1. Be it enacted by fG General Assembly of the State of North Carolina, and it is hereby enacted by the au- thority of the same, ‘That Manuel yl ter, Jesse Hargrave, Patterson H. McDade, Elisha Mitchell and Jones Watson, and their successors in office, shall be a body politic and corporate, by the name of ‘* The Commissioners of Chapel Hill ;’ and as such shall have all the powers and privileges necessary for the proper government of said village. Sec. 2. Beit further enacted, That on the first Vhursday in February, in every year, the citizens of Chapel Hill shall elect five persons Commissioners thereof, who shall remain in office one year and until the election of their successors. Sec. 3. Be it further enucted, That no person shall be eligible as a Commissioner unless he bea resident and the owner of an acre lot, or freehold estate of the value of five hundred dollars, in said village; nor shall any person vote in said election but free white males of the age of twenty one years, subject to taxation, and residents therein for six months immediately preceding the day of election. Sec. 4. Be it further enacted, That any Justice of the Peace, or any two citizens of the village eligible to the office of Commissioner, (in case there be no resident Justice of the Peace,) may hold the election and determine who are elected. Sec. 5. Be it further enacted, That the Commissioners, a2 soon as may be after their election, shall choose a resi- = a+ Sf a ies ip 4, dent of the village (not of their own body,) a Magistrate of Police, to preside at their meetings, and give the cast- ing vote in case of a tie; a town Treasurer, Constable and Clerk. They shall ascertain and settle the boundaries of Chapel Hill, and cause a plot thereof to be recorded in the journal of their proceedings ; and may, on or before the first day of April in each year, assess the value of town property, lay such taxes on persons and property (Students of the University, and: property owned by the Trustees thereof, excepted,) as they may deem proper, and apply the revenue arising therefrom to the construction, improvement and re- pair of the streets, and to such other purposes as they may deem conducive to the prosperity of the village. sec. 6, Beit further enacted, That the ‘Town Constable, when directed by the Commissioners, shall preceed to col. ject the tes ; and im the execution of this duty, shall have all the authority, and may use all the means, exercised and used by the Sheriffs of this State in the collection of pablic Sec. 7. He it further enacted, ‘That all residents of the Village, and persons owning property therein, shall, on or before the first day of A ee annually, make a written state- ment of all taxable polls and property for which they may be accountable, and deliver the same to the Magistrate of Police. Any person failing to make such statement, or making a false statement, shall be subject to double tax ; and it shall be the duty of the ‘Town Constable, on the re- quisition of the Commissioners, to proceed to collect the same on all such unreturned persons or property. Sec. 8. Be it furiher enacted, ‘That the Commissioners shall appoint a Patrol, to consist of all white males, resi- ea of said Village, between the ages of twenty-one and ifty years, (members of the Faculty and students of the eet excepted,) and shall divide into as many compa- . - Hy iB % oa ; ve ee ee B nies as they may deem proner, and direct the time for the performance of duty by each company. Any person who shall fail to perform such duty, (except for good cause, to be judged of by the Commissioners,) shall forfeit the sum of one dollar for each failure; and it shall be the duty of the Yown Constable to collect and pay over the same to the Town Treasurer. Sec. 9. Be tt furiher enacted, That it shall be the duty of the Commissioners to adopt proper ordinances, and use all other lawful measures for the suppression of nuisances, the proper regulation of shop keepers, and the exclusion of teavel rant venders of spirituous liquors, and all other articles the sale of which is not licensed by the laws of this State. Sec. 10. Be it further enacted, ‘Chat all enactments com- ing within the purview of this act, are hereby repealed; and thie act shall be in force from and alter its passage. a ANgiACR CONCERNING THE UNIVERSITY. Chapter 114. 1, Any license, granted to retail spirituous liquor, wine or cordials at Chapel Hill, or within two miles thereof, shall be void. 2. No person shall erect, keep, maintain or have at Cha- pel Hill, or within two miles thereof, any tippling house, establishment or place, for the sale of wine, curdials, spi- rituous or malt liquor. 3. No person in the State, without permission in writing from the President of the University, or some Member of the Faculty, shall sell, or offer to sell or deliver to any Stu- dent of the University, or to any other person, any cordial, wine, spirituous or malt liquor for the purpose of being used, or with Knowledge that the same will be used, at Chapel Hill, or within two miles thereof, by any such Student. 4. No person, at or within two miles of Chapel Hill, shall give or furnish any electionecring treat or entertainment. 5. No person shall set up, keep or maintain at Chapel Hill, or within five miles thereof, any public billiard table, or other public table of any kind, at which games of chance or skill, by whatever name called, may be played. 6. No person, without permission in writing obtained therefor from the President of the University, or some Mem- ber of its Faculty, seven days beforehand, shal! exhibit at Chapel Hill, or within five miles thereof, any theatricals, sieight of hand or equestrian performances, or any dramatic recitations or representations, or any rope or wire dancing, o— = Tae 7 natural ov artificial curiosities, or aiv concert, serenade or performance in musie, singing or dancing. 7. Any person who shall offend against any of the provi- sions of this chapter, herein before recited, shall be deemed guilty of a misdemeanor. 8. Any contract or agreement by any Student of the University, being then a minor, with any shopkeeper, mer- chant, trader or other person, upon the sale of any wine, cordial, spirituous or malt liquor, or of any goods, wares or merchandize, or any article of trade, or with the keeper of any livery stable, shall be void, unless the same, if made at or within two miles of Chapel Hill, be made under the writ- ten permission of the President of the University, or some Member of its Faculty; or if made at a greater distance from Chapel Hill, under the written consent of the person who may have the control and authority over such Student. 9. Every contract made with a Student of the University, contrary to the provisions of the preceding section, shall be void, and may be avoided on account of any of the matters therein contained, on the plea of the general issue: on the trial whereof, if it appear that the defendant was, at the time of the alledged contract, a Student of the University, it shall be presumed that he was, at the making thereof, a minor. 10. Every such contract shall be incapable of being con- firmed, and any promise or obligation given by such Student, after his arrival at full age, shall be void. It, All the real estate which has escheated or may es- cheat to the State, which has not been reduced into posses- ‘sion by the State, or the President and Directors of the Lit- etary Fund, shall be, and is hereby, vested in the Trustees of the University, for the use of the University. 12, This act shall take effect from and after its ratif- cation, ORDINANCES. Br ir Orpainep by the Commissioners of Chapel Hill, and it is hereby ordained by the authority of the same: I. That the boundaries of the Village are, and shall be, as follows, to wit: Franklin Street shall begin at the point of intersection with the road to Purify’s Mill, in the lands of John Craig, and extend North 63° 40’ Kast, two thou- sand six hundred and twenty-two yards, to the point where it intersects the line of the lands owned by the ‘Trustees of the University. Raleigh Street shall extend to a point in a line parallel with Franklin Street, which shall include the Grave Yard—And Hillsborough Street to a point in a line parallel with Franklin Street, which shall be equidistant from said Street with the terminus of Raleigh Street. ‘The exterior boundary shall be a rectangle, formed by lines pass- ing through these four points, including, by coinputation, . an area of eight hundred and thirty-nine acres and one- sixth of an acre. If. The Town Constable shall, as early as practicable after the first day of April in each year, collect and pay over to the Treasurer all moneys due for taxes. IIf. The Treasurer shall pay no account against the Yommissioners until it shall have been allowed by the Board and certified by the Clerk. IV. No contract made by a Committee, involving an ex- penditure of more than twenty-five dollars, shall be valid until it shall have been approved and ratified by the Board. Cg VY. No person shall receive compensation for alledged services rendered the Commissioners, unless under a con- tract previously made-with the Board. Vi. No Instructor shall be permitted to occupy the Vil- lage School House, until he shall have given bond with suffi- cient sureties, payable to the Commissioners, and delivered to the Treasurer, to pay rent at the rate of twenty-five dol- lars per annum, and at the end of the term to return the building in as good order as it was when he received it. VII. The carcasses of hogs, or other animals, dying in the streets or lots, must be removed by the owner, immedi- ately upon notice yeing given, under a penalty of one dol- lar for each omission to do so. » VIII. No person, unless while engaged in erecting a house, shall place timber, brick, stone, fire wood, or rubbish of any kind, in any street, and suffer the same to remain longer than a day, under the penalty of one dellar for each day the nuisance may continue after notice to remove the same. IX. No merchant, or other person, shall load or unload goods, wares, or other articles, in or froma wagon or cart, on the Sabbath day, under a penalty of five dollars. X. No itinerant vender of spirituous liquors, or other prohibited articles, shall be permitted to offer the same for sale, in any quantity, within the limits of the Village, under a penalty of five dollars in each instance of selling or offer- ing to sell. XI. Every organist or traveling musician, or foreign beg- gar, who shall play for reward, or solicit charity in the streets or from door to door, shall incur a penalty of one dollar for each offence, unless the Magistrate of Police shall remit the same to blind persons, and others unable to earn a livelihood by manual Jabor. 10 = XII. No person shall erect a kiln to dry plank ‘or other ? lumber, within two hundred feet of any dwelling house, or * within forty feet of any shop or out-house. Such kiln, if erecfed, shall be deemed anuisance, and be subject to abate- ment and indictment. : Me >: XIII. No person shall permit slaves, or persons of color, a io.meet ang dance in any.kitchen or other house, without Hibmase first obtained fim the Magistrate of Police ortwo Commissioners, under the penalty of five dollars for each offence. - : i . oa XIV. No person shall hitch a horse or mule €o a shade tree or on the side walks, throw fire-balls, explode fire- crackers, Bsc rge fire.arms.in any street or lot, or wail: tonly ride’ or drive with dangerous rapidity through the streets, under a_penalty of one dollar for each dffence. XV. It shall be the duty of the Magistrate of Police and the Town Constable to adopt the proper measures to ascer- tain the true condition of all persens of celor residing in the Village and claiming torbe free. | XVI. No-shop-keeper, or other“person, shall open any Restaurant, Refectory, or establishment whatsoever, for sup- plying refreshments of any kind upon the Sabbath day. © From the first of May to the, first of September in every, i year, all such places shall be closed at 8 o'clock P. M.3_ and from the first of September to the first of May, at 9 o’clock P. M.; except on Fridays angl Satirdays, when they may be kept open until 10 o’clock,P. M. Any person vio- lating this ordinance, shall incur a penalty of five dollars — for each offence. es a thee ci XVII. All oats, hay, fodder and other provender sold in the village, shall be weighed at ,thepublic scales, by the Town Constable, who shall give a certificate of the weight of the load, and also of the weight of the vehicle when un- inn “the person, the weight of the load, and the amount charged ie loaded ; and if any person shall sell or buy any unweighed provender, he or she shall incur a penalty of five dollars. XVII. The Town Constable shall record the name of «for weighing the same, and shall be entitled to receive for each load weighing less than five hundred pounds ten cents, more than five hundred and less than one thousand pounds, fifteen cents, and more than one thousand pounds, twenty al cents. XIX. It shall be the especial duty of the Town Consta- ble to observe, and report at every meeting of the Commis+ sioners, all violations of these ordinances. He shall, more- over, be careful to arrest all drunken and disorderly per- sons, and al! itinerant venders of spirituous liquors, who may be found in the public streets, or within the limits of the Village, by night or by day; and for these services he shall receive twenty per cent. of all fines that may be col lected under these laws. - CORPORATION, 1855. . a, Ps ‘ lige L. SWAIN, Magistrate of Police. oY MANUEL BETTER @ 7). 3s ~ JOUN R. HUTCHINS, ~ : eA JOHNSTON. B. JONES, Commissioners, ' GABRIEL UTLEY, | JOHN H. WATSON, * Jy ae BE ang : a 2 cS4NDREW MICKLE, Town Treasurer. ; g vADIEON SUGG , Town uy aS ve a — ALGERIN with RIS, Town Clerk. » ies F a ~~ S eek “y ee A a ee heh es ine oe ee) | oi, et %, Fig ta! vA This book must not be taken from the Library building.