CHARTER 
 
 OF THE 
 
 ACKS OFFICE 
 
 CITY OF RALEIGH 
 
 IlECAPITTTLATIOISr 
 
 OF THE VARIOUS 
 
 Acts, Ordinances and Resolutions 
 
 CONCERNING THE CITY, 
 
 RALEICH: 
 
 DAILY NEWS BOOK AND JOB OFFICE. 
 
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 RECAPITULATION 
 
 OF THE VARIOUS 
 
 ACTS, ORDINANCES AND RESOLUTIONS 
 
 CONCERNING THE 
 
 CITY OF RALEIGH 
 
 FROM 1787 TO 187G. 
 
 1. Resolution recommending the people of North Carolina to direct 
 their Representatives to fix on the place for the seat of Government, 
 December 6th, 1787. 
 
 2. Ordinance for establishing a place for holding the future meetings 
 of the General Assembly, and a place of residence of the Chief officers 
 of the State. 
 
 The place was fixed “within ten miles of the plantation whereon Isaac 
 Hunter now resides." August 4th, 1788. 
 
 3. Act to carry into effect the foregoing ordinance. 1791. 
 
 4. Act to confirm the proceedings of the Commissioners appointed 
 under an Act at the last General Assembly entitled “an act to carry 
 into effect an ordinance for establishing, &c., ratified August 4th, 1788. ” 
 
 The act recites that the Commissioners, Frederick Hargett, Willie 
 Jones, Joseph McDowell, Thomas Blount, William Johnston Dawson 
 and James Martin, purchased from Joel Lane 1,000 acres. The deed 
 was made to Gov. Alexander Martin. Upon four hundred acres of the 
 land a city r was laid off, comprising besides the streets, two hundred and 
 seventy-six acre lots. Their proceedings were ratified, and the city 
 i named “Raleigh," September 31st, 1792. 
 
 5. Act amending act of July, 1788, authorizes any three of the Com¬ 
 missioners above named to act. 1794. 
 
 6. Act for the regulation of the city of Raleigh. 
 
 John Haywood, Dugal McKeethan, John Marshall, John Rogers, 
 John Pain, James Mares and John Craven appointed Commissioners 
 and authorized to elect an Intendant of Police. The usual powers con- 
 ! ferred upon municipal corporations, given to the city. Feb. 7th, 1795. 
 
 ft £* jT\ 
 
RECAPITULATION. 
 
 4 
 
 7. Act continuing in force the foregoing act of February 7th, 1797*. 
 February 21st, 1797. 
 
 8. Act to revive and amend the act of February 7th, 1795. 
 
 Joshua Sugg, William Folk and Thcophilus Hunter added as Com¬ 
 missioners. December 18th, 1801. 
 
 9. Act for the government of the City of Raleigh, and for repealing 
 *11 former acts passed for this purpose. 
 
 Act of incorporation in twenty-three sections. December 7th, 1803- 
 
 10. Act for the appointment of Auctioneers. December 19th, 1806. 
 
 11. Act dividing the City of Raleigh into three Wards, and to amend 
 the act tor the government of the City of Raleigh. &e. 
 
 Gives the Middle Ward five Commissioners, the Eastern Ward three' 
 and the Western Ward one. December 20th, 1806. 
 
 12. Act amending the foregoing act. 
 
 Gives AY cstern Ward three Commissioners. December 23rd, 1809. 
 
 13. Act to explain and amend the act of 1800. December 21st, 18H, 
 
 14. Act for the better government of the City of Raleigh. 
 
 Vests the government in the Intendant of Police and seven Commis¬ 
 sioners, three from the Middle Ward and two each from the Eastern and 
 Western Wards. December 17th, 1813. 
 
 15. Act to revive section 2 of act of 1801. December 24th, 1814. 
 
 1C. Act to enable the Intendant of Police and Commissioners of Ral- 
 >-igh to supply the City with water, und for other purposes. December 
 19 tli, 1815. 
 
 17. Act for the better regulation of the City of Raleigh. 1816. 
 
 18. Act increasing the powers of Commissioners of incorporated 
 Towns in regard to dogs, &c\ 
 
 19. Act directing the sale of certain public land adjoining the City of 
 Raleigh, and for other purposes. 1819. 
 
 20. Act to amend an act entitled an act laying duties on sales at auc¬ 
 tion of merchandise. December 18th, 1820. 
 
 21. Act in addition to former acts passed for the government of thv 
 City of Raleigh. December 22nd. 1821. 
 
 22. Act to provide against the introduction and spreading of conta^ 
 gious or infectious diseases in this State. January 5th, 1825. 
 
 23. Act for the better protection of the City of Raleigh from losses by 
 fire. February 10th, 1827. 
 
 24. Act to amend the act of 1814 entitled an act to revive section 2of 
 act of 1801, entitled “act to revive act of 1775, [1795] and for otheir 
 purposes.” January 13th, 1834. 
 
 25. Act to enable Commissioners of Raleigh to appoint Trustees of 
 .the Rex Hospital Fund, and to erect such Trustees into a body corporate, 
 and for other purposes. January 11th, 1841. 
 
 26. Act to amend acts of 1792-’93 and the several subsequent act* 
 -for the regulation of the City of Raleigh, and to authorize the Inten- 
 
 ( 
 
RECAPITULATION. 
 
 r\ 
 
 cant of Police and the Commissioners to levy a special or guard tax for 
 *uid City. January 23rd, 1843. 
 
 27. Act to invest the Intendant of Police of the city of Raleigh with 
 the same powers and authorities within that corporation as is exerciser 
 hr Justices of the Peace, and for other purposes. January 26th, 1843. 
 
 28. Resolution granting the free use of stone from the quarry to th* 
 Commissioners of the city of Raleigh. January 17th, 1845. 
 
 20. Act to protect from injury the lots belonging to the State in the 
 v-Hy of Raleigh. January 17th, 1847. 
 
 80. .Act to amend an act passed in 1808, entitled an act for the gov" 
 ernment of the city of Raleigh. January 28th, 1851. 
 
 31. Act to amend an act for the government of the city of Raleigh, 
 passed December 7th, 1808. February 3rd, 1855. 
 
 All of the foregoing Acts, Resolutions and Ordinances which it wa* 
 deemed desirable to continue in force, were included in the act which, 
 is the basis of the present charter: 
 
 Act to revise and consolidate the charter of the city of Raleigh. Pri¬ 
 vate acts 1856-’57, chapter 98. February 3rd, 1857. 
 
 The following are the Acts, Ordinances and Resolutions concerning 
 the city of Raleigh which have been passed since February 3rd, 1857. 
 Those marked * are embraced in other acts, have been repealed or are 
 repealing statutes, and are not included in the charter j the remainder 
 have been incorporated into the charter: 
 
 *Act to amend the charter of the city of Raleigh and other cities and 
 towns. Private acts 1861, extra session, chapter 24. May 7th, 1861. 
 
 Ordinance to enlarge the Police powers of the several corporate town* 
 ■in this State. Ordinance No. 20. May 9th, 1862. 
 
 Act to amend the charter of the city of Raleigh. Acts 1862- r 68, 
 chapter 49. January 28th, 1863. 
 
 * Act to charter the city of Raleigh. Private acts 1866, chapter 1. 
 .March 10th, 1866. (This charter was submitted to the voters of the city 
 
 provided therein, and rejected by them.) 
 
 Act to authorize the Mayor or Chief Magistrate of any incorporated 
 city or town in this State to enforce the collection of lines and penalties. 
 Acts 1666-’67, chapter 13. March 2nd, 1867. 
 
 Act to authorize incorporated towns and cities to establish systems of 
 public schools. Acts 1866- J 67, chapter 14. February 28th, 1867. (This 
 will he found as an appendix.) 
 
 Act to enable the city of Raleigh to borrow money for certain pur- 
 jf'oses. Private acts 1868-’G9, chapter 44 March 3rd, 1869. 
 
 *Aet in relation to a house on Baptist [Moore] Square m the city of' 
 Raleigh. Acts 1869-'70, chapter 155. March 26th, 1870. 
 
6 
 
 RECAPITULATION. 
 
 Act to amend the charter of the city of Raleigh, ratified February 3rd. 
 1857 and January 28th, 18G3. Private acts 1870-'’71, chapter 24. Feb¬ 
 ruary 23rd, 1871. 
 
 Act concerning debts contracted by municipal corporations. Acts 
 1870-’71, chapter 99. February 28th. 1871. 
 
 Act concerning municipal officers. Acts 1870-’71, chapter 177 March 
 31st, 1871. 
 
 Act to protect the city of Raleigh from accident by fire. Private acts 
 1870-’71, chapter 90. April 4th, 1871. 
 
 (This act is published in the appendix. It has never been submitted 
 to the voters of the city, and is not in force.) 
 
 *Act appointing a Weigher of Cotton and a Weigher and Inspector 
 of Cotton and Flour and Salt Fish for the city of Raleigh. Private acts 
 1870-’71, chapter 101. April 5th, 1871. The appointment of the officers 
 mentioned therein was taken from the city by 
 
 *Act to incorporate the Board of Trade of the city of Raleigh. Pri¬ 
 vate acts 1871-’72, chapter 95. February 8th, 1872. 
 
 *Act to give the chief officers of the cities and towns the criminal ju¬ 
 risdiction of Justices of the Peace. Acts 1871-’72, chapter 195. Feb¬ 
 ruary 12th, 1872. 
 
 Act in relation to Moore and Nash Squares in the city of Raleigh. 
 Acts 1871- J 72, chapter 205. February 12th, 1872. 
 
 Act to amend the charter of the city of Raleigh. Private acts 1872- 
 J 73, chapter 68. March 1st, 1873. 
 
 Act in relation to town lots and town property. Acts 1872-’73, chap" 
 ter 112. February 28th, 1873. 
 
 Act concerning incorporated towns and villages. Acts 1873-’74, chap¬ 
 ter 49. January 16th, 1874. 
 
 *Act authorizing and empowering the Commissioners of the city of 
 Raleigh to appoint an Inspector of wood and coal. Private acts 1873- 
 '74, chapter 41. January 27tli, 1874. Repealed by Private acts 1874- 
 ? 75, chapter 60. 
 
 *Act to amend an act entitled an act to amend the charter of the city 
 of Raleigh, ratified February 23rd, 1871. Private acts 1878-’74, chap¬ 
 ter 78. February 11th, 1874. 
 
 Act to authorize the Commissioners of the city of Raleigh to open a 
 street across the south end of the lot upon which the Governor’s Man¬ 
 sion is now situated. Private acts 1873- ; 74, chapter 122. February 
 16th, 1874. 
 
 *Act to repeal acts 1873-’74, chapter 41, in regard to Inspector of 
 wood and coal for the city of Raleigh. Private acts 1874-’75, chapter 
 6. December 19th, 1874, 
 
 Act concerning the city of Raleigh. Private acts 1874-’75, chapter 
 80. February 16th, 1875. 
 
RECAPITULATION. 
 
 7 
 
 Act in relation to charters of cities and towns. Acts 187 4-’75, chap¬ 
 ter 146. March 10th, 1875. 
 
 Act to ascertain the indebtedness of the different counties, cities amt 
 towns of this State, and to prescribe a statute of limitations. Acta 
 1874- , ’7ft oha/nfpr Mnvr*h 92nd_ 187A 
 
 *-J/o 
 
CHARTER 
 
 OF THE 
 
 - CITY OF RALEIGH, 
 
 INCORPORATING ALL THE 
 
 AMENDMENTS TO JANUARY 1st, 1S7G, 
 
 Section 1. The General Assembly of North Carol rut do 
 
 si «;w|j orate u •' 
 
 rHvaie N< S£cS CHac ^ ; r ^bai ^ ie inhabitants of the City of Raleigh- slip.lt 
 be, and continue as they heretofore have been, a body 
 politic, and corporate, and henceforth the corporation shall 
 bear the name and style of “ The City of Raleigh/' and 
 under such name and style, is hereby invested with all 
 property and rights of property, which now belong to the 
 corporation, under any other corporate name or names, 
 heretofore used; and, by this name may acquire and hold, 
 for the purpose of its government, welfare and improve¬ 
 ment, all such estate as may be devised, bequeathed or 
 conveyed to it, not exceeding in value three hundred 
 thousand dollars, and the same may, from time to time, 
 sell, dispose of and invest as shall be deemed advisable by 
 the proper authorities of the corporation, 
 limits at priv Sec. 2. That the present corporate limits of the city of 
 Ealeigli shall be extended one-quarter of a mile in every 
 m ‘ direction around said city, [as originally laid out and es¬ 
 
 tablished in seventeen hundred and ninety-two,] north, 
 south, east and west, and that the boundary line shall 
 run parallel with the old boundary until the line shall 
 intersect at each corner. 
 
 Sec. 8. That the City of Raleigh shall be divided into 
 Aci.H ip-73, flyo Wards, denominated the first, second, third, fourth and 
 
 xJaap. I. ^ 
 
CHARTER OF THE C1TV OF RALEIGH. 
 
 ■fifth wards. The first ward shall be bounded as follows: 
 Beginning at the intersection of Davie and Wilmington 
 Streets, thence east with the central line of Davie street to 
 its intersection with Blood worth street, thence along the 
 line of Blood worth street to Martin street, thence cast 
 along central line of Martin street to East street, thence 
 north with the central line of East street to its intersection 
 with Jones street thence east with the central line of Jones 
 street to the city line, thence with the line of the city 
 north and west to Wilmington street, and south with the 
 central line of Wilmington street to the beginning. The 
 second ward shall be bounded as follows: Beginningat the 
 intersection of Davie and Wilmington streets, thence with 
 the boundaries of the first ward, east with Davie street, 
 north with Blood worth street, east with Martin street 
 [By a decision of the City Attorney the description “thence 
 with the boundaries of the first ward” controls the enu¬ 
 meration of those boundaries ; and the Act must be con¬ 
 strued as if, after words “ Martin Street ” Sec. 8. line IT, 
 the words “ north with East street and east with Jones 
 street,” had been inserted.] to the city line, thence with 
 the boundaries of the city south and west to Fayetteville 
 Itoad, thence northwardly up the center of said Boad to 
 the center of South street, thence east with South street to 
 its intersection with Wilmington street thence north with 
 the central line of Wilmington street to the beginning. 
 The third ward shall be bounded as follows: Beginning 
 at the intersection of South and Wilmington streets, 
 thence north with central line of Wilmington street to 
 city line, thence west with the city line to the center of 
 Salisbury street, thence with the central line of Salisbury 
 street south to South street, thence east with tiic central 
 line of South street to the beginning. The fourth ward 
 shall be bounded as follows: Beginning at the intersec¬ 
 tion of Davie and Salisbury streets, thence west with the 
 central line of Davie street to Harrington street, thence 
 
10 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 north with the central line of Harrington street to Har¬ 
 gett street, thence west with central line of Hargett street 
 to the Raleigh and Gaston Railroad track, thence north¬ 
 ward along central line of said track to its intersection with 
 Hillsboro’ street, thence west with central line of Hills¬ 
 boro’ street to city line, thence with city boundaries, south 
 and east to the Fayetteville road, thence with the center 
 of said road to South street, thence west with central line 
 of South street to its intersection with Salisbury street, 
 thence north with the central line of Salisbury street to 
 the beginntng. The fiifth ward shall be bounded as fol¬ 
 lows : Beginning at the intersection of Davie and Salis¬ 
 bury streets thence with the boundaries of the fourth ward 
 with the central line of Davie street to Harrington street, 
 thence north to Hargett street, thence west with central 
 line of Hargett street to the Raleigh and Gaston Railroad 
 track, thence northward along central line of said track to 
 Hillsboro’ street, thence west to city limits, thence with 
 city boundaries north and east to Salisbury street, thence 
 down Salisbury street to the beginning. 
 
 •seventeen ai- Sec. 4. There shall annually, on the first Monday in 
 
 ebosen. Priv. May in each year, be elected seventeen Aldermen tor said 
 
 Acts 1874-75, J J . 
 
 eh»p. so, see. c ity, who shall hold their offices until their successors are 
 qualified : three of whom shall be chosen for each ward, 
 except the third ward, and the third ward shall choose 
 five. Such A dermen shall be residents of the ward for 
 which they are chosen, and shall be elected by the qual¬ 
 ified voters of such ward. 
 
 Appointnifnit g EC> 5. The Board of Commissioners for Wake county 
 
 of Registrars. J 
 
 J 874 - 75 ? chfp. shall select at or before their meeting in March, 1875,and 
 
 80 , sec. 3 . annually thereafter, a Registrar of voters for each of the 
 five wards of the city of Raleigh, and shall cause publica¬ 
 tion thereof to be made at the Court House door, and no¬ 
 tice to be served on such persons by the Sheriff, and shall 
 give ten days public notice of a registration of voters in 
 and for said wards, specifying time and place and name 
 of Registrars. 
 
11 
 
 CHARTER OF THE CITY OF RALEIGH, 
 
 Sec. 6. Said Registrars shall be furnished by said o^t'Sters^prVv 
 County Commissioners with registration books; and it^fap. 
 shall be the duty of said Registrars appointed for the year *‘ 
 
 1875, and thereafter, to open their books at such places in 
 the city of Raleigh as may be designated by the said 
 Commissioners, on or before the last Monday in March 
 in such year, and to register therein the names of all 
 persons applying for registration, and entitled to register 
 and vote in that ward, for which such Registrar has been 
 appointed, keeping the names of the white voters separate 
 and apart from those of colored voters, and designating 
 on the registration books opposite the names of each per¬ 
 son registering, the place of his residence in his ward, and 
 if any applicant for registration shall not disclose the 
 place of his residence in his ward, his wilful failure so 
 to do shall be prima facie evidence that he is not entitled 
 to register in such ward. Any person offering to register 
 may be required to take and subscribe an oath that he is 
 a citizen of North Carolina ; and has resided in the city 
 of Raleigh ninety days, and in the ward for which he 
 offers to register, thirty days next preceding that date, or 
 is otherwise entitled to register, and that his place of resi¬ 
 dence is at-in such ward ; and if any person shall 
 
 wilfully swear falsely in such affidavit, he shall be deemed 
 guilty of a misdemeanor, and on conviction, shall be 
 sentenced to pay a fine of one hundred dollars, and to be 
 imprisoned sixty days in the county jail: Provided , That 
 after the first registration shall have been made by virtue 
 thereof, a new registration shall not be annually had, but 
 a revision of the registration books shall be made ten 
 days prior to each succeeding election to be held for said 
 city, agreeably to the provisions of section eight, chapter 
 fifty-two, Battle’s Revisal. 
 
 Sec. 7. The registration books shall be closed ten days Nation Re ~" 
 before the day of election, and after the same are closed, p5vate Cl A S ct8 
 no person shall be allowed to register, but the Registrar w!tec%. chap * 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 
 shall, on application before said books are closed, register 
 all persons not then qualified to vote in liis ward, who 
 will become so qualified on or before the day of election. 
 Immediately after the said books are closed, they shall be 
 deposited in the office of the Sheriff of Wake county, and 
 citizens desiring so to do, may inspect them. 
 
 SSSSSn r prif > Sec. S. The Board of Commissioners of Wake county, 
 cbap. 18 S" or before their meeting in April, 1875, and annually 
 *■***• ^ thereafter, shall appoint four Judges or Inspectors of elec¬ 
 tion for each of the several wards of the City of Raleigh? 
 to open the polls and superintend the same for the muni¬ 
 cipal election to be held on the first Monday in May next 
 succeeding, and the polls shall be opened at such places 
 'in the wards respectively as said Commissioners shall 
 dssignate—such election shall be held as near as may be 
 agreeable to the provisions of sections eleven, fourteen 
 fifteen, nineteen and twenty of chapter fifty-two of Battle’s 
 Revisal, and the Registrars and the Judges of election 
 whose appointments are herein provided for, shall have 
 authority to administer oaths, and shall have all the 
 powers of such officers appointed under the title of “Gen¬ 
 eral Assembly” of Battle’s Revisal. 
 r.wim-s. iM- Sec. 0. All electors who have resided in the City of 
 
 •v.ifcS* Acts 1874- . 
 
 so, Raleigh ninety days and for the ward for which they 
 offer to register, thirty days next preceding the election, 
 shall be entitled to register hereunder. 
 
 Sec. 10. The polls shall be opened on the day of election 
 K fr° m seven o’clock in the morning until sunset of the 
 same day—no person whose name has not been duly reg¬ 
 istered, shall be allowed to vote; and any one offering to 
 vote may be challenged at the polls, and if the Judges of 
 election shall sustain the challenge, such person’s ballot 
 shall not be received. Ballots shall be on white paper 
 and without device. The Aldermen for each ward shall 
 be voted for on one ballot. 
 
 s 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 Sec. 11. After the ballots are counted, they shall bej;*^* ** 
 
 carefully preserved, and shall be, together with the poll 
 list which shall be signed by the Judges of election, and sec ' 
 the registration books delivered to the Register of Deeds 
 for Wake county for preservation. 
 
 Sec. 12. If, among the persons voted for, in any ward nutie> or j*- 
 there should be any two or more having an equal num- JJJSiAet* i:#- 
 ber of votes, and either would be elected but for the equal 
 vote, the Registrar and Inspectors shall decide the elec¬ 
 tion between such persons. As soon as the result of the 
 election in any ward is determined, two certificates there¬ 
 of shall be made under the hand of the Registrar and 
 Inspectors, setting forth in writing and in words the 
 number of votes each candidate received, one of which 
 certificates the}^ shall deliver to the Sheriff of Wake 
 county, who shall at once make proclamation thereof at 
 the Court House door, and the other, they shall deliver to 
 the Mayor of the City of Raleigh. The Registrar and 
 Inspectors shall also furnish to each person chosen as 
 Alderman in their ward, a certificate of his election. 
 
 Sec. 13. Whenever, under tho provisions of this act. 
 any question is to he decided by the Judges of election* 
 and such Judges cannot decide the same because of the hu " 
 tie vote, the Registrar shall give the casting vote. 
 
 Sec. 14. That on the Tuesday succeeding the day of 
 such election the Aldermen elected thereat shall qualify 
 by taking the oath of office prescribed for Commissioners nj ap ‘ ^ 
 in an act entitled, “ An act to incorporate the city of 
 Raleigh,” ratified on the tenth of March, I860, and when 
 organized, shall succeed to and have all the rights, pow¬ 
 ers and duties heretofore prescribed by law for the Board 
 of Commissioners of the City of Raleigh. 
 
 Sec. 15. That the Board of Aldermen, at their first 
 meeting after each annual election, shall choose some per- 
 son, not one of their own number, to be Mayor of said 12> 
 
 City, to hold his office until his successor shall qualify> 
 
14 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 Sheriff to pre¬ 
 serve order at 
 polls. Private 
 Acts 1874-75, 
 chap. 80, sec. 
 15. 
 
 Mayor’s oath. 
 Private Acts 
 lS56-’57, chap. 
 98, sec. 12. 
 
 Alderman’s 
 oath. Private 
 Acts 1856-’57, 
 chap. 98, sec. 
 ti>. 
 
 Term of office. 
 Private Acts 
 1856-’57, chap. 
 98, sec. 14. 
 
 Vacancies, 
 how filled. 
 Private Acts 
 1856-’57, chap. 
 9<S, sec. 15. 
 
 who shall preside at the meeting of the Board of Aider- 
 men and have the rights and powers and perform all the 
 duties heretofore prescribed by law for such officers. For 
 misconduct in office the Mayor may be removed from his 
 office by a vote of three-fifths of the entire number of the 
 Board of Aldermen, and upon such office becoming vacant 
 for any cause, the Board of Aldermen shall fill the same 
 for the unexpired time. 
 
 Sec. 16. That all elections held by virtue of this act 
 shall be held under the supervision of the Sheriff of Wake 
 county, who shall attend the polls and by his deputies 
 preserve order. 
 
 Sec. 17. That the Mayor, immediately after his elec¬ 
 tion and before entering oil the duties of his office, shall 
 take the following oath : “I, A. B., do solemnly swear, 
 
 that I will diligently endeavor to perform faithfully and 
 truly, according to my best skill, judgment and ability, 
 all the duties of the office of Mayor of the city of Raleigh, 
 while I continue therein, and will cause to be executed 
 as far as in my power lies, all the laws, ordinances and 
 regulations made for the government of the city; and, in 
 the discharge of my duties, I will do equal justice in all 
 cases whatsoever.” 
 
 Sec. 18. That each Alderman, entering on the duties 
 of the office, shall take before the Mayor or some Justice 
 of the Peace an oath that he will truly and impartially 
 perform the duties of Alderman for the city,'according to 
 the best of his skill, ability and judgment. 
 
 Sec. 19. That the Mayor and Aldermen shall hold their 
 offices respectively, until the next succeeding election, 
 and until their respective successors are qualified. 
 
 Sec. 20. That, if any person chosen Mayor shall refuse 
 to be qualified, or there is any vacancy in the office after 
 election and qualification, the Aldermen shall choose 
 some qualified person Mayor for the term, or the unexpir¬ 
 ed portion of the term, as the case may be; and, on like 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 15 
 
 occasion, and in like manner, the Aldermen shall choose 
 other Aldermen to supply the place of such as shall refuse 
 to act, and all vacancies which may occur; and such per¬ 
 sons only shall be chosen as are hereafter declared to be 
 eligible. 
 
 ° Penalty for re- 
 
 Sec. 21. That any person elected Mayor or Alderman, iusin|toquai- 
 who shall refuse to be qualified and act as such shall for- ^cts l&a-’oL 
 feit and pay to the equal use of the city, and of him who 16> 
 will sue therefore, twenty-five dollars. shall not lose 
 
 Sec. 22. [That no incorporated town or village in this Sieges by p £u- 
 _ L r . . . ure to 
 State shall lose any of its corporate rights and privileges Private ^ Act* 
 
 by failure to elect officers on any first Monday in May. 49 * 8ec * ,1 « 
 
 Sec. 23. That in case of failure to elect municipal offi- Election how 
 
 * to be called 
 
 eers on any said first Monday in May in any incorporated hew h o e n d day Sr 
 town or village in the State, the electors residing within prFvate m IctK 
 such incorporation limits, may, after ten days notice, ^tS’ 2 . cha|l ‘ 
 signed by any three of said electors, and posted up at 
 three places within any corporation limits, proceed to 
 hold an election for municipal officers in the way and 
 manner provided for in Battle’s Revisal, chapter one hun¬ 
 dred and eleven. ] 
 
 Sec. 24. That the Mayor of the said City of Raleigh, JJa-jgr’s pow 
 wdiile acting as such, is hereby constituted an official SfVeehe? 
 court with all the jurisdiction and powers in criminal of¬ 
 fences, occurring within the limits of said city, which 
 now are or may hereafter be given by law to Justices of 
 the Peace, and shall also have jurisdiction to hear and 
 determine all misdemeanors consisting of a violation of 
 the ordinances of said city. The proceedings in said court 
 shall be the same as are now or hereafter shall be pre-- 
 scribed for courts of Justices of the Peace, and in all 
 cases there shall be a right of appeal to the Superior Court 
 of Wake County. And that in all cases where a defend¬ 
 ant may be adjudged to be imprisoned by the said Spe¬ 
 cial Court, it shall be competent for said court to adjudge 
 also that the said defendant work during the period of 
 
 Act.* 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 \n 
 
 Mayor to issue 
 precepts, Pri- 
 \ ate A«'ts of 
 l*56-’r*7, clutp. 
 
 sec. 10. 
 
 .Mayor to keep 
 a minute ol' 
 official acts. 
 Private Acts 
 rSotf-’ST, chap. 
 iH, sec. M. 
 
 Mayor's office. 
 Trivatc Acts 
 iSTsfi-'oT, cliap. 
 JM, sec: 21. 
 
 Mayor to pre¬ 
 side at meet¬ 
 ings. Private 
 Acts ofl-SoO-’">7, 
 chap. OS, sec. 
 22-. 
 
 Powers and 
 duties of Ald¬ 
 ermen. Priv. 
 Acts IS.>6-'57, 
 chap. 08, sec, 
 Jil. 
 
 his confinement, in tho public streets or other public 
 works of said city. 
 
 Sec. 25. That the Mayor may issue his precepts to Con* 
 stables of the city, and to such other officers to whom a 
 Justice af the Peace may direct his precepts. 
 
 Sec. 26. That the Mayor shall keep a faithful minute 
 of the precepts issued by him, and all of his judicial pro¬ 
 ceedings. The judgments rendered by him shall have all 
 the force, virtue and validity of judgments rendered by a 
 single Justice of the Peace, and may be executed and en¬ 
 forced against the parties, in the county of Wake and 
 elsewhere, in the same manner and by the same means os 
 if the same had been rendered by a Justice of the Peace for 
 the county of Wake. 
 
 Sec. 27. That the Mayor shall keep his ©ffiee in some 
 convenient part of the city designated by the Aldermen. 
 He shall keep the seal of the corporation, and perform 
 such duties as shall, from time to time, be prescribed 
 and he shall receive such compensation and fees as may 
 be allowed by this act, and by the ordinances of the cor¬ 
 poration. 
 
 Sec. 28. That the mayor, when present, shall preside 
 at all meetings of the Board of Aldermen, and when there 
 is an equal division upon any question, or, in the election 
 of officers by the Board, he shall determine the matter 
 by his vote. lie shall vote in no other case, and, if he 
 shall be absent, the Board may appoint one of their num¬ 
 ber, pro tempore , to exercise his duties at the Board [and 
 in the event of his absence or sickness, the Board of Aider- 
 men may appoint one of their own number, pro tempore , 
 to exercise his duties.— Bat. Rev., c. 3, 5. 8.] 
 
 Sec. 29. That the Aldermen shall form one Board, and 
 a majority of them shall be competent to perform all the 
 duties prescribed for the Aldermen, unless otherwise pro¬ 
 vided; within five days after tlreir election, they shall 
 convene for the transaction of business, and shall then 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 fix stated days of meeting for the year, which shall be as 
 often at least as once in every calendar month. The 
 special meetings of the Aldermen may also be held on 
 the call of the Mayor or a majority of the Aldermen, and 
 of every such meeting when called by the Mayor, all the 
 Aldermen, and, when called by a majority of the Aider- 
 men, such as shall not join in the call, shall be notified 
 in writing. 
 
 Sec. 30. That if any Alderman shall fail to attend a Manure to^jn- 
 general meeting of the Board of Aldermen, or any special chap, 
 
 meeting of which he shall have notice as prescribed in 085 sec ‘ 24, 
 the charter, unless prevented by such cause as shall be 
 satisfactory to the Board, he shall forfeit and pay for the 
 use of the City the sum of four dollars. 
 
 Sec. 31. That the Aldermen, when convened, shall have ordmanees 
 
 7 7 by-laws, &c. 
 
 power to make and provide for the execution thereof, 
 such ordinances, by-laws, rules and regulations, for the 98, sec * ^ 
 better government of the City, as they may deem neces¬ 
 sary : Provided , The same be allowed by the provisions of 
 this act, and be consistent with the law of the land. 
 
 Sec. 32. That among the powers hereby conferred on row e moneyT 
 the Board of Aldermen, they may borrow money only by & r c. v i 
 the consent of a majority of the qualified registered voters, ^ap. 1 at tea. 
 which consent shall be obtained by a vote of the citizens 26 ‘ 
 of the corporation after thirty day’s public notice, at 
 which time those who consent to the same, shall vote “ap¬ 
 proved,” and those who do not consent, shall vote “not 
 approved”; they shall provide water, provide for repair¬ 
 ing and cleansing the streets, regulate the market, take 
 all proper means to prevent and extinguish fires, make 
 regulations to cause the due observance of Sunday, ap¬ 
 point and regulate City watches, suppress and remove 
 nuisances, preserve the health of the City from con¬ 
 tagious or infectious diseases, appoint Constables to exe¬ 
 cute such precepts as the Mayor and other persons may 
 lawfully issue to them, to preserve the peace and order ani 
 
1* 
 
 (HAKTEK OF T1IE CITY OF IIAEEIUH. 
 
 Clerk, 'I'ieas 
 «ver f <Ac. Pri¬ 
 vate 
 
 :ha{ 
 
 Salary ami 
 duties Clerk. 
 Private Acts 
 1 806 -'57. chap. 
 
 m. see. 28. 
 
 execute the ordinances of the City, and shall appoint and 
 provide for the pay, and prescribe the duties of all such 
 other officers as may be deemed necessary. 
 
 Sec. 33. That the Aldermen,at their first meeting after 
 chuj) S their election, shall appoint a Clerk, a Treasurer, a Collec¬ 
 tor of taxes. and one or more Constables, who shall respec¬ 
 tively hold their offices during the official term of the 
 Aldermen,subject however to be removed! at any time and 
 others appointed in their stead, for misbehavior or neglect 
 in office. Before acting, each of said officers shall be 
 sworn to the faithful discharge of his duty, and shall ex¬ 
 ecute a bond payable to the City of Raleigh, in such sum 
 as the Aldermen shall determine. 
 
 Sec. 34. That the Clerk shall have a reasonable salary, 
 and it. shall be his duty to keep regular and fair minutes 
 of the proceedings of «n-re Board, and to preserve all books, 
 papers and articles committed to his care during his con¬ 
 tinuance in office, and deliver them to his successor, and 
 generally to perform such other duties as may be pre¬ 
 scribed by the Aldermen. 
 
 Sec. 35. That every person shall be allowed to inspect 
 the journals and papers of the Board in presence of the 
 t' ]K A M < ‘ Clerk, on paying to him twenty-five cents for each inspec¬ 
 tion, under a penalty of two dollars on the Clerk for 
 every refusal, to be paid to him who will sue for the 
 same. —;t • gpj 
 
 dutiovs or d the Sec. 30. That the Treasurer shall have a reasonable sal- 
 
 crlvHte Acts ary, and it shall be his duty to call on all persons who 
 y^*e<-%o? haj> * may have in their hands any moneys, as securities, be¬ 
 longing to the City, which ought to be paid or delivered 
 into the treasury, and to safely keep the same for the use 
 of the City, to disburse the funds according to such orders 
 as may be duly drawn on him in the maimer hereinafter 
 specified ;^he shall keep in a book provided for that pur¬ 
 pose, a fair and correct account of all moneys received y 
 and disbursed by him, and shall submit said account to 
 
 Journal and 
 papers of the 
 Hoard. Priv. 
 Acts L85fv 
 
CHARTER OF THE CITY OF RAEEICH. 
 
 the A Merman when eve r’required to do so; on the expira¬ 
 tion of his term of office he shall deliver to his successor 
 all the moneys, securities and other property entrusted to 
 him for safe keeping or otherwise, and during his contin¬ 
 uance therein, he shall faithfully perform all duties law¬ 
 fully imposed upon him as City Treasurer. 
 
 Sec. 37. That all orders drawn on the Treasurer shall 5^sur°er. 
 he signed by the Mayor and countersigned by the Clerk, 
 and shall state the purposes for which the money is 8 ’ sec *° l * 
 applied, and the Treasurer shall specify said purposes in 
 his accounts, and also the sources whence are derived the 
 moneys received by him. 
 
 i Sec. 38. That the Board of Aldermen may choose some 
 one of their number or other suitable person to be Auditor 
 of the City, whose salary shall not be more than two hun¬ 
 dred dollars per annum. No claim against the City shall 
 be paid until it shall have been audited by such officer. 
 
 He shall make monthly reports of claims audited by him 
 to the Board of Aldermen, and shall perform such other 
 duties as the Board may order. The Board of Aldermen 
 may, in its discretion, abolish the office of Commissioner 
 of the Sinking,Fund, and make suitable provision for the 
 payment and'management of the City debt. That the 
 Board shall fund the present debt of the City by issuing 
 bonds payable in twenty and thirty years at six per cen¬ 
 tum interest with coupons payable semi-annually, receiv- 
 'able for taxes or other indebtedness to the City, and the 
 Board shall contract no debt of any kind unless the 
 money is in the treasury for its payment, except for the 
 necessary expenses of the City government, until the taxes 
 for the payment thereof can be collected. 
 
 Sec. 39. That the Aldermen shall cause to be made out Transcript or 
 
 receipts find 
 
 annually, a fair transcript of their receipts and disburs-; JJ|^ se ' PTiv 
 merits on account of the City, for the general inspection 
 of the citizens, and cause the same to be posted before the' 52. 
 
 Court House ten days before the day of the animal elec- 
 
20 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 tion of Aldermen; and the Alderman failing to comply 
 with the duties prescribed in this section shall forfeit and 
 pay for the use of the City, and for him w T ho will sue there¬ 
 for, one hundred dollars. 
 
 Sie SO priv* Sec. ^0. That it shall he the duty of the Constable to 
 t^ap 98 fsec!k see that the ^ aws » ordinances and the orders of Aldermen 
 are enforced, and to report all breaches thereof to the 
 Mayor; to preserve the peace of the City, by suppressing 
 disturbances and apprehending offenders, and for that 
 purpose he shall have all the powers and authority vest¬ 
 ed in Sheriffs and County Constables ; he shall execute all 
 precepts lawfully directed to him by the Mayor or others, 
 and in the execution thereof, shall have the same powers 
 which the Sheriff and Constables of the County have ; and 
 he shall have the same fees on all process and precepts 
 executed or returned by him which may be allowed to the 
 Constable of the county on like process and precept, and 
 also such other compensation as the Aldermen may allow. 
 .^eTofConsta- 41. That the Constable shall have the same powers 
 
 ?&^ v chap. an d be bound by the same rules in this respect as Con¬ 
 te, sec. 34 . stables of the County of Wake, to apprehend, all offenders 
 against the State within the limits of the City, and to 
 carry them before the Mayor or some Justice of the Peace, 
 and for such duty he shall have the same fees as Consta¬ 
 bles of said county, to be paid by the party offending, if 
 found guilty, otherwise by the City. 
 
 Sec. '12. That the Aldermen shall provide a patrol or 
 watch for the City, and prescribe the duties and powers of 
 the several officers, members and classes thereof, and shall 
 pay such patrol or watch, or may class the inhabitant# 
 into such patrol or watch. 
 
 h< Pri- ^ EC - 43. That the inhabitants, when classed into a 
 ■^chapteS’ wateh, shall (each one, either in person or by a good sub- 
 *ec,36. stitute), serve in turn when ordered out by the Mayor, or 
 other persons appointed by the Aldermen as directors of 
 the watch. 
 
 Unties of Pa¬ 
 trol. Private 
 Acts 1866-’57, 
 uhap. 98, sec. 
 35 . 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 21 
 
 Seo. 44. That any person being of the watch or patrol, Srve?f»r?vat® 
 and failing to serve and faithfully to discharge his duty, ^JteraMec! 
 shall forfeit and pay to the City for each default, if an of¬ 
 ficer of the watch, two dollars, and if not, one dollar. 
 
 Sec. 45. That the Sheriff or Jailor of the County of ofSr^aketo 
 Wake is hereby required, without a mittimus, to receive SSers' 0 ffiv. 
 into the jail of the County, as his prisoner, any person ^apteri^secl 
 taken up in the night by the watch or constables, and to 
 keep such person safely until the morning, when the of¬ 
 fender shall be brought before the Mayor, or some Magis¬ 
 trate resident in the city, and be lawfully dealt with ; and 
 for such services the Jailor shall be entitled to such fees as 
 he is in other like cases.* 
 
 Sec- 46. That for any breach of his official bond by 
 the City Clerk, Constable, Tax Collector, or any other offi- oas- 
 cer who may be required to give an official bond, he £^ 57 * ^ap. 
 shall be liable in an action on the same, in the name of the 98,8ec ' S9 * 
 City at the suit of the City, or any person aggrieved by such 
 breach, and the same may be put in suit without assign¬ 
 ment from time to time, until the whole penalty be re¬ 
 covered. 
 
 Sec. 47. That every person, appointed Auctioneer for the 
 City, shall]enter in a book a daily account of all his sales, ^va^AcS* 
 wherein shall appear as well the items sold as the aggre- 9 |ftec? 40 . hap ’ 
 gate of sales cast up at least once a week, and such ac¬ 
 counts shall be open to the inspection of the Aldermen 
 or any person authorized by them to make inspection. 
 
 Sec. 48. That at the time required of Auctioneers to 
 render to the Clerks of Superior Courts their accounts of t^ u ?ender Gr ab- 
 money received on auction sales liable to tax, the Auction- Acts isbPsl 
 eer shall render to the Treasurer of the City an abstract g!^’ 98 ’ 860 * 
 showing monthly the gross amount of sueli sales up to 
 the time of rendering the account, which abstract shall be 
 laid before the Aldermen. 
 
 *Note —The Guard House is now used instead of the jail. 
 
22 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 Auctioneer’s 
 commissions 
 Private Acts 
 18M-V57, chap. 
 TW, sec. 42. 
 
 Penalty for 
 violations. 
 Private Acts 
 l<S5ti-’57, chap. 
 !iS. sec. 43. 
 
 Acting with¬ 
 out authority. 
 Private Acts 
 1856-'57, chap. 
 m, sec. 44. 
 
 Taxes. Priv. 
 Acts 1856-o7, 
 chap. 98, sec. 
 45. 
 
 < )n real estate. 
 Private Acts 
 1862-’63, chap. 
 49, sec. 2. 
 
 On polls. 
 
 On goods, Ac. 
 
 Sec. 40. That every Auctioneer shall be entitled to two 
 and one-half per cent, on the amount of sales unless 
 otherwise agreed between him and the owner of the goods 
 sold. 
 
 Sec. 50, That if any Auctioneer appointed for the City 
 shall violate any of the provisions of chapter seven of Bat¬ 
 tle’s Revisal entitled “Auctions and Auctioneers,” or any 
 of the duties herein prescribed, he shall forfeit and pay 
 for the equal use of the Cit} T and him who will sue there¬ 
 for, one hundred dollars. 
 
 Sec. 51. That if any one shall presume to act as Auc¬ 
 tioneer in the City without being duly authorized to do 
 so. he shall be deemed guilty of a misdemeanor. 
 
 Sec. 52. That, in order to raise a fund for the expen¬ 
 ses incident to the proper government of the City, the 
 Aldermen may annually levy and collect the following 
 taxes, namely : 
 
 *1. On real estate, situate in the City, a tax not exceed¬ 
 ing one dollar on every hundred dollars value. 
 
 IT. On all taxable polls, a tax not exceeding three dol¬ 
 lars a poll, who may be resident in the City on the first 
 day of April of each year, or may have been so resident 
 within sixty days next preceding that day. 
 
 III. On every hundred dollars value of goods, wares 
 and merchandize, purchased for re-sale, by any merchant 
 
 *Notk.— The Charter does not. expressly provide for the taxation of 
 personal property; hut Art VII, Section 9, of the Constitution provide* 
 that “ all taxes levied by any City, &c., shall be uniform and ad valorem 
 upon all property in the same, except property exempt by this Constitu¬ 
 tion.” 
 
 It has been decided by a former City Attorney (in which opinion I 
 concur) that under the Constitution the City had the right, and was 
 obliged, to lay its taxes upon all the property in the City, and that per¬ 
 sonal property should he listed. The word i: property ” does not include 
 solvent credits: Pullen vs. Commissioners of Raleigh , 08 N. C. R. 45T 
 
('IIA RT Kit OF THE CITY OF RALEIOH. 
 
 trading in the City, within one year next preceding the 
 first day of April, of the year in which the same is liste< > 
 a tax not exceeding twenty cents. 
 
 *IV. Upon the owner of every omnibus, sulky, gig, 
 buggy, barouche, carriage, or other vehicle used in the 
 City for the carriage of persons (except stage coaches for 
 the transportation of the mail) of which he may have 
 been in possession on the first day of April of that year, a 
 tax not exceeding ten dollars: Provided , said vehicles 
 shall be exempt from the ad valorem tax. 
 
 V. Upon all dogs kept in the City, and which may be 
 so kept on the lirst day of April, a tax not exceeding five 
 dollars: Provided however , That a discrimination within 
 this limit may be made on the different species and sexes 
 of dogs. 
 
 VI. Upon all swine and goats, not prohibited by the 
 Aldermen to remain in the City when confined, a tax not 
 exceeding fifty cents a head. 
 
 VII. Upon all drays in use on the said first day of 
 April, or which have been used within six calendar 
 months previous thereto, a tax not exceeding ten dollars 
 a year. 
 
 VIII. Upon all encroachments on the streets by 
 porches,piazzas, &c., allowed by the Aldermen, a tax not ex¬ 
 ceeding one dollar per square foot. 
 
 Sec. 58. Tnat the citizens of Raleigh, and others liable 
 to be taxed on account of any of the foregoing subjects, 
 shall, on the first day of April, or within five days there¬ 
 after, render to the Mayor, on oath, a list of their proper- 
 
 *Art. VII., sec, 9, of the Constitution declares that “all taxes levied 
 by any county, city, town or township, shall be uniform and ad valorem 
 upon all property in the same, except property exempted by this Con¬ 
 stitution. ’’ In the opinion of the City Attorney subdivision IV. and 
 VI. are in conflict with this section and are void. As to swine and 
 goats, see sec. 63, sub. VIII. 
 
 Omnibuses,, 
 
 Ac. 
 
 On hogs. 
 
 On swine, Ac 
 
 On drays. 
 
 < n encroaeit- 
 rnen f k. 
 
 Time of ren ¬ 
 dering tax- 
 lists. Private 
 Acts 1856-’57, 
 chap. 9.8, sc. 46. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 
 ty and subjects for which they may be liable to be taxed; 
 and if any person shall fail to render such list, he shall 
 pay double the tax assessed on any subject for which he 
 is liable to be taxed. 
 
 ifi° S s^orsi *Sec. 54. That, within one week after'reeeiving the tax 
 
 Acts'i 856 -’ 57 * ^ S t> the Mayor shall return the same to the Aldermen, who 
 
 a>ap. 98, sec. s p a q forthwith appoint three respectable freeholders, one 
 from each ward of the City, not of their own body, as 
 Assessors, who being duly sworn before the Mayor, to do 
 equal and impartial justice to all in the discharge of their 
 duties, shall assess the cash value of the taxable real 
 estate with its improvements, lying within the corporate 
 limits of the City, and they shall make a list thereof, to¬ 
 gether with the names of the owners thereof, previous to 
 laying the tax, and return it to the Aldermen on or before 
 the first day of May next ensuing; and the value of the 
 real estate of the Assessors shall be assessed by the Aider- 
 men. 
 
 proceedings Sec. 55. That, as soon as the Assessors shall have made 
 
 to lay taxes. ... 
 
 Private Acts their return, the Board shall proceed to lay the taxes on 
 
 1856 -07, chap. r J 
 
 ii8,sec. 48. such subjects of taxation as they may choose, and shall 
 place the tax list in the hands of the Collector for collec¬ 
 tion, who shall proceed forthwith in the collection, and 
 shall complete the same on or before the first day of 
 August next ensuing, and shall pay the moneys as they 
 are collected, to the Treasurer ; and the Collector, for his 
 compensation, shall receive five per cent, on the amount 
 collected. 
 
 *By a decision of the Supreme Court, a similar section in the Wilming¬ 
 ton charter is declared unconstitutional, and the duty oi assessing must 
 he performed by the Board of Trustees of Raleigh Township.— C. C. R. 
 W. vs. The City of Wilmington , 72 N. C., 73. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 25 
 
 Sec. 56. That if any person liable to taxes on subjects ^ y f ^ e r s eto 
 directed to be listed, shall fail to pay them within the 
 time prescribed for collection, the Collector shall proceed 98, aec ' i9 ' 
 forthwith to collect the same by distress and sale, after 
 public advertisement for the space of ten days in some 
 newspaper published in the City, if the property to be 
 sold be personalty, and of twenty days if the property be 
 realty. 
 
 Sec. 57- That, when the tax is due on anv lot or other sale of real 
 
 v estate for 
 
 land (which is hereby declared to be a lien on the same) ^xes^Priv. 
 shall remain unpaid on the first day of August, and there jhap. 49, see. 
 is no other visible estate but such lot or land of the per¬ 
 son in whose name it is listed, liable to distress and sale, 
 known to the Collector, he shall report the fact to the Al¬ 
 dermen, together with a particular description of the real 
 estate, and thereupon the A!dermen[shall direct the same 
 to be sold on the premises by the Collector, after adver-' 
 tising for twenty days in some newspaper published in 
 the City, which the Collector shall do; and the Collector 
 shall divide the said land into as many parts as may be 
 convenient (for which purpose he is authorized to employ 
 a surveyor,) and shall sell as many thereof as may be re¬ 
 quired to pay said taxes and all expenses attendant there¬ 
 on. If the same cannot be conveniently divided, the 
 Collector shall sell the whole ; and, if no person will pay 
 the whole of the taxes and expenses for the whole land, 
 the same shall be struck off to the City; and, if not re¬ 
 deemed, as hereinafter provided, shall belong to the said 
 City in fee. 
 
 Sec. 58. That the Collector shall return an account of collector to 
 his proceedings to the Aldermen, specifying the portionsonand^w,^ 
 into which the land was divided, and the purchaser or 
 purchasers thereof, and the prices of each, which shall 
 be entered on the book of proceedings of the Aldermen, 
 and if there shall be a surplus after paying said taxes, the 
 same shall be paid into the City treasury, subject of the 
 the demand of the owner. 
 
CHARTER OF THE CITY OF RALEKilT. 
 
 2(> 
 
 Owner may 
 redeem. P'riv. 
 Acts 18ti2-'<*'>, 
 chap. 49, see. 
 
 TJ. 
 
 If not redeem¬ 
 ed, to be con¬ 
 veyed in fee. 
 Private Acts 
 1856-\ r >7, chap. 
 98, sec. a!!. 
 
 Kea] estate of 
 3 ma n is, «&c. 
 Private Acts 
 5S56-’57, chap. 
 9K, sec. 54. 
 
 New streets, 
 bow to be 
 opened. Priv. 
 Acts 1862-‘‘T#, 
 chap. 49, sec. 6. 
 
 Hec. 59. That the owner of any land sold under the 
 provisions of this charter and amendments, his heirs, ex¬ 
 ecutors, and administrators, or any person acting for 
 them, may redeem the same within one year after the 
 sale, by paying to the purchaser, the sum paid by him, 
 and twenty-live percent, on the amount of taxes and ex¬ 
 penses, and the Treasurer shall refund to him, without 
 interest, the proceeds, less double the amount of tuxes. 
 
 Sec. dO. That if the real estate sold, as aforesaid, shall 
 not be redeemed within the time specified, the corpora¬ 
 tion shall convoy the same in full to the purchaser or his 
 assigns; and the recitals in such conveyance, or in any 
 other conveyance of land sold for taxes due the City, that 
 the taxes were due, or of any other matter required to be 
 true or done, before the sale might be made, shall br 
 prima facia evidence that the same was true and done. 
 
 Sec. 01. That the real estate of infants or persons non 
 compos mentis , shall not be sold for tax ; and when the 
 same shall be owned by such, in common with other per¬ 
 sons free of such disability, the sale shall be made accord¬ 
 ing to Battle’s Revisal, chapter one hundred and two, 
 section twenty-eight, subdivision four 
 
 Sec. 02. That when any land or right of way shall be 
 required by. said City of Raleigh for the purpose of open¬ 
 ing new streets, or for other objects allowed by its charter, 
 and for want of agreement as to the value thereof the 
 same cannot be purchased from the owner or owners, the 
 same may be taken at a valuation to be made by five 
 freeholders of the City, to be chosen by the Aldermen ; 
 and in making said valuation, said freeholders, after be¬ 
 ing duly sworn by the Mayor, or a Justice of the Peace for 
 the County, or a Clerk of a Court of Record, shall take into 
 consideration the loss or damage which may accrue to the 
 owner or owners in consequence of the land or right of 
 way being surrendered, also any special benefit or ad¬ 
 vantage such owner may receive from the opening of 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 27 
 
 such street or other improvement, and shall state the 
 value and amount of each, and the excess of loss or dam¬ 
 age over and above the advantages, shall form the meas¬ 
 ure of valuation of said land or right of way : Provided 
 nevertheless, That if any person over whose land the said 
 street may pass or improvement be erected, or the Aider- 
 men be dissatisfied with the valuation thus made, then, 
 and in that case, either party may have an appeal to the 
 next Superior Court of Wake county to he held there¬ 
 after; and the said freeholders shall return to the Court 
 to which the appeal is taken their valuation with the pro¬ 
 ceedings thereon : and the land so valued by the free¬ 
 holders shall vest in the City so long as it may be used 
 for the purposes of the same, as soon as the valuation 
 may be paid or lodged in the hands ot the Clerk of the 
 Superior Court in case of its refusal by the owner of the 
 land ; Provided, however , That such appeal shall not hin¬ 
 der or delay -he Aldermen opening such street or erecting 
 such improvement; And, 'providedfurther, That incase 
 of the discontinuance of the use of the land and its rever¬ 
 ter to the owner, the City shall have the right to remove 
 any improvement under its authority erected. 
 
 Sec. 63. That, in addition to the subjects listed for tax¬ 
 ation, the Aldermen may levy a tax on the following sub¬ 
 jects, the amount of which tax, when fixed, shall be collect¬ 
 ed by the City Constable instantly : and if the same be not 
 paid on demand, the same may be recovered by suit on 
 the articles upon which the tax is imposed, or any other 
 property of the owner may be forthwith distrained and 
 sold to satisfy the same, namely: 
 
 I. Upon all itinerant merchants or peddlers, vending or 
 offering to vend in the Cit/y, a tax of ten dollars a year, ex¬ 
 cept such only as sell books, charts or maps, and such as 
 sell only goods, wares and merchandise and other produc¬ 
 tions of the growth or manufacture of this State. 
 
 II. Upon every billiard table or bowling alley or other 
 game allowed by law, and every victualling house or res- 
 
 Additiona! 
 subjects of 
 taxation. Pri¬ 
 vate Acts 1856- 
 ’57, chap. 98, 
 sec. f:5. Priv. 
 Acts 1862-’63, 
 chap.49, sec. 2. 
 
 On merchants 
 or peddlers, 
 Ac. 
 
 Billiard ta¬ 
 bles, Ac. 
 
28 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 Retailers of li 
 <iUor. 
 
 Circuses. 
 
 Theatricals. 
 
 Exhibitions. 
 
 Concerts, <fre. 
 
 Goats or hogs. 
 
 Horse, Mule, 
 Sull. 
 
 taurant, established, used or kept in the City, a tax not 
 exceeding fifty dollars a year. 
 
 III. Upon every permission by the Board of Aldermen 
 to retail spirituous liquors, a tax not exceeding one hun¬ 
 dred dollars. 
 
 IV. Upon every company of circus riders, who shall ex¬ 
 hibit within the City or within one mile thereof, a tax not 
 exceeding thirty dollars for each separate exhibition; the 
 tax to be paid before the exhibition, and if not, to be 
 double. 
 
 V. Upon every person or company exhibiting in the 
 City or within one mile thereof, stage or theatrical plays, 
 sleight of hand performances, rope dancing, tumbling, 
 wire dancing or menageries, a tax not exceeding twen¬ 
 ty dollars for every twelve hours allowed for exhibiting; 
 the tax to be paid before exhibiting, or the same shall be 
 double. 
 
 VI. Upon every exhibition for reward of artificial curi¬ 
 osities, (models of useful inventions excepted) in the City, 
 or within one mile thereof, a tax not to exceed twenty 
 dollars, to be paid before exhibition, or the same shall 
 be double. 
 
 VII. Upon each show r or exhibition of any other kind 
 and on each concert for reward, and on every strolling 
 musician, a tax not exceeding ten dollars, to be paid 
 before exhibition, or the same shall be double. 
 
 VIII. Upon every goat or hog running at large in the 
 City 4 , there may be levied a tax not exceeding six dollars, 
 and every such goat or hog may be seized and impound¬ 
 ed, and if the owner on being notified, will not pay the tax f 
 the animal shall be sold therefor, at such place as the 
 Aldermen may designate, after three days notice at the 
 Court House. 
 
 IX. Upon every horse or mule or bull going at large, a 
 tax not exceeding ten dollars. 
 
 X. Upon every dog which may be brought into the 
 City after the first day of April, to be kept therein, a tax 
 
 3>ogs. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 29 
 
 not exceeding five dollars for the permission to keep 
 such dog in the City, which permission shall not extend 
 further than the last day of March next ensuing. Pro¬ 
 vided 'nevertheless, That no property or subjects of taxation 
 which are specially exempt from taxation shall be taxed 
 by the City. 
 
 Sec. 64. That all moneys arising from taxes, donations iSgfJomtaxa- 
 or other sources, shall be paid to the Treasurer,and no ap- Acts 
 propriation thereof, shall be made but by a Board constitu- 57 l ap ‘ ° 8, btc ' 
 ted of a majority of all the Aldermen. 
 
 Sec. 65. That the Aldermen shall cause to be kept clean ktpTSean^ 
 and in good repair, the streets, side-walks, and alleys. S^T^^hap. 
 They may establish the width and ascertain the location 98,8ec * 581 
 of those already provided, and lay out and open others, 
 and may reduce the width of all of them; they may also, 
 establish and regulate the public grounds and protect the 
 shade trees of the City. 
 
 Sec. 66. That if any owner or lessee of lands in the repair 
 City of Raleigh on being notified to repair his sidewalks^vateAct* 
 according to law, shall avow his intention not to repair ^ 2 6 ec?i? hftp ' 
 as ordered, the Aldermen may have such repairs made 
 immediately, at the expense of the said owner or lessee. 
 
 A notice of ten days by any officer of the City in waiting 
 shall be sufficient in any event. 
 
 Sec. 67. Where there are no sidewalks, and have never owner to pay 
 
 portion of e* 
 
 been in existence in convenient walking order along any 
 lot in said City, the owner shall be required to pay such ^chap!^ 2 ' 
 portion of the expense of making a sidewalk along said Bec * 2, 
 lot as three assessors, unconnected with the owner and 
 disinterested, to be appointed by the Aldermen, may esti¬ 
 mate that said property is benefited by the improvement; 
 such expense to be a lien on the property, enforceable as 
 liens for repairing sidewalks under existing law's; Pro¬ 
 vided, That there shall be right of appeal by either party 
 to the Superior Court. 
 
CHARTER OK THE CITY OF RALEIGH. 
 
 t i mated a ai - ' Sec. 68. Before making such apportionment, the asses- 
 pointed^Priv’. sors shall appoint a day when they shall hear parties in- 
 
 Acts 1872-’73, 
 chap. 68, sec. 
 
 3. terested on the subject, giving at least three days’ notice 
 
 of the time and place of their sitting. From their de¬ 
 cision the City lot owners may appeal to the Superior 
 Court of Wake, but the Aldermen may, notwithstanding 
 any appeal under this or any other act, proceed with the 
 work of opening and grading the new street. 
 
 New street be- Sec. 69. That the Aldermen of the City of Raleigh are 
 
 low GrtVftr- " ° 
 
 Prwatc Act.? n hereby authorized and empowered to open a street forty 
 
 IS 3 sec ? hap ' wide across the south end of the lot upon which the 
 
 Governor’s Mansion is now situated : Provided , the afore¬ 
 said Aldermen will first agree to enclose the property, on 
 both sides of said street, with a good plank fence and 
 move such buildings as are now on the grounds over 
 which said street may run, and place them in good re¬ 
 pair on another side to be designated by the Treasurer. 
 Provided further, That the aforesaid Aldermen of the City 
 of Raleigh before commencing the work do file a bond 
 with good approved security for the sum of one thousand 
 dollars for the faithful performance of the aforesaid work, 
 said bond to be filed with and approved by the State 
 Treasurer. 
 
 Sec. 70. That the Board of Aldermen of the City of Ral¬ 
 eigh shall have power to grade, lay out in walks, plant 
 with trees, shrubery and flowers, and otherwise adorn 
 
 Power to 
 grade streets, . 
 adorn side- oil 
 walks. Pub. 5 
 Acts 1871-’72, vc ] 
 chap. 206, see. i 
 
 Moore Square and Nash Square in said City, so as to make 
 them ornamental to the City, and to that end they shall 
 have the general charge and management of said Squares. 
 They may improve in like manner any of the vacant lots 
 belonging to the State within the City limits not other¬ 
 wise specially appropriated. 
 
 weii-behaved Sec. 71. Nothing herein contained shall be construed 
 1!awe free ac- to authorize said Aldermen to prevent the free access 
 liup °* well behaved persons to said Square and lots, ex ¬ 
 
 cept at unreasonable hours, or for some temporary pur¬ 
 pose specially to be designated by the Board. 
 
CHARTER OF THE CITY OF R A LEIGH 
 
 31 
 
 Sec. 72. That the Aldermen may grant the privilege £roctin*por- 
 of erecting porches or piazzas in front of any dwelling Htreetf c ”^aY. 
 house already built on the line of anv public street, pro- 
 viding such porch or piazza, including the steps thereof, 
 shall not extend more than six feet into the street: And 
 provided, also, That no bar or impediment be erected un¬ 
 der or upon the same which may impede the air or view, 
 and every such encroachment shall be measured and en¬ 
 tered on their journals with the number of square feet 
 which it embraces. 
 
 Sec. 73. That no cellar shall be built under any side- Act« iSsc-w 1 /' 
 walk in the City, or entrance established on the sidewalk ohap - 98,seo ^ 0 * 
 to any cellar whereby the free passage of persons may he 
 delayed, hindered or interrupted, and every offender here¬ 
 in shall forfeit and pay to the City twenty-five dollars for 
 every day the same may remain. 
 
 Sec. 74. That every owner of a lot, or person having as private 1 Acts 
 great an interest therein as a lease for three years, which SJtecS < ! hap ‘ 
 shall front any street on which a sidewalk lias been estab¬ 
 lished, shall improve, in such manner as the Aldermen 
 may direct, such sidewalk as far as it may extend along 
 such lot; and, on failure to do so within twenty days after 
 notice by the Constable to said owner, or if he be anon- 
 resident of the County of Wake, to his agent or if such 
 non-resident have no agent in said County, then, after ad¬ 
 vertisement for twenty days on such lot, and at the Court 
 House door, calling on the owner to make such repairs, 
 the Alderman may cause the same to be repaired either 
 with brick, stone or gravel at their discretion, and the 
 expense shall be paid by the person in default: said ex¬ 
 pense shall be a lien upon said lot, and if not paid within 
 six months after completion of the repairs, such lot may 
 he sold, or enough of the same to pay such expense and 
 costs, under the same rules, regulations aud restrictions^ 
 rights of redemption and savings as are prescribed in said 
 charter for the sale of land for unpaid taxes. 
 
32 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 Officers not 
 allowed to be 
 contractors. 
 Private Acts 
 1870-’71, chap. 
 24, sec. 8. 
 
 Abatement of 
 nuisances. 
 Private Acts 
 l8G2-’63, chap. 
 49, sec. 8. 
 
 Dogs, Ac. run¬ 
 ning at large. 
 Private Acts 
 1856-57, chap. 
 98, sec, 64. 
 
 Riding at im¬ 
 proper speed. 
 Private Acts 
 1862-’63, chap. 
 49, sec. 9. 
 
 Sec. 75. That no Mayor or Aldermen, or other officer of 
 the City, shall directly, or indirectly, become a contractor 
 for work to be done for the City ; and any person, here¬ 
 in offending, shall be guilty of a misdemeanor. 
 
 Sec. 76. That the Aldermen may require and compel 
 the abatement and removal of all nuisances within the 
 City at the expense of the person causing the same, or the 
 owner or tenant of the ground whereon the same may be; 
 they may also prevent the establishment, within the City, 
 and may regulate the same, if allowed to be established, 
 any slaughter-house or place, or the exercise within the 
 City of any offensive or unhealthy trade, business or em¬ 
 ployment. 
 
 Sec. 77, That the Aldermen’shall have power to pre¬ 
 vent dogs, horses, cattle and all other brutes from running 
 at large in the City. 
 
 Sec. 78. That they may prohibit and prevent, by pen¬ 
 alties, the riding or driving of horses or other animals at 
 a speed greater than six miles per hour, within the City; 
 and also the firing of guns, pistols, crackers, gun-powder, 
 or other explosive, combustible, or dangerous materials, 
 in the streets, public grounds, or elsewhere within the 
 
 City. 
 
 Market. Pri- Sec. 79. That the Aldermen may establish and regu- 
 
 ACtfi lofvr 
 
 mc c <je ap 'late ^ ie mar kets and prescribe what time and place, with¬ 
 in the corporation, marketable articles shall be sold, in 
 what manner, whether by weight or measure, may be 
 sold grain, meal, flour, (if not packed in barrels,) fodder, 
 hay, or oats in straw; may create scales to w T eigh the 
 same; appoint a weigh-master and fix his fees, and direct 
 by whom they shall be paid, appoint a keeper of the 
 market, prescribe his duties and fees, and shall also have 
 power to prevent forestalling and regrating. 
 
 Public build- Sec. 80. That they may establish all public buildings 
 
 Acts i856-’57, necessary and proper for the City, and prevent the tree- 
 
 chap. 98, sec. - rr •/ . . 
 
 tion or establishment of wooden buildings in any part oi 
 the City where they may increase the danger by fire. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 n 
 
 Sec. 81. That they may provide grave-yards in or near v'at'e Acts* 
 
 the City, and regulate the same; may appoint and pay a 
 keeper, and compel the keeping and returning bills of 
 mortality; and they may prohibit interments within the 
 City. 
 
 Sec. 82. That they may provide for the establishment, F . ire compa- 
 organization, equipment and government of fire com- 
 panies; and, in all cases of fire, a majority of such of the 69 * 
 Aldermen as shall be present may, if they deem it neces¬ 
 sary to stop the progress of the fire, cause any house to be 
 blown up or pulled down; for which they shall not be 
 responsible to any one in damages. 
 
 Sec. 83. That they may take such measures as they dise!2fs? a pri- 
 deeiri effectual to prevent the entrance into the City, or the ^ehap? Isf" 
 spreading therein, of any contagious or infectious disease, sec "'°* 
 may stop, detain, and examine for that purpose, every 
 person coining from places believed to be infested 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 dis¬ 
 ease, and whose stay may endanger its health, to be re¬ 
 moved 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 and propagate disease ; may abate by any 
 reasonable means all nuisances which may be injurious 
 to the public health. 
 
 Sec. 84. That in case anv person shall be removed to Hos i )ital ex * 
 
 1 penscs. Priv. 
 
 the hospital, the corporation may recover before the.^p^sec 
 Mayor or any Justice of the Peace, of such person, the 1L 
 expense of his removal, support, nursing and medical at¬ 
 tendance, and burial expenses, also, in case of death. 
 
 Sec. 85. That if any person shall attempt by force, or preveMtill^n- 
 bv threat of violence, to prevent the removal to the hds- St?!?'' 
 
 0 chap. 98, sec. 
 
 72 
 
M 
 
 CHARTER OF THE COY OF RALEIGH. 
 
 .Retail li- 
 «enses. Pr:v. 
 Acts 185H-’57, 
 «-hap. 98, sec. 
 
 pital of any person ordered to be conveyed thither, the 
 person so offending, shall forfeit and pay to the City one 
 hundred dollars, and moreover be deemed guilty of a 
 misdemeanor. 
 
 Sec. 80. That it shall not be lawful for the Commis¬ 
 sioners of Wake County to grant any license to retail 
 spirituous liquors, within the limits of the City or with¬ 
 in one mile thereof, without permission first obtained 
 from the Board of Aldermen in being at the time of the 
 application to the County Commissioners; and if any 
 license shall be granted without permission in writing- 
 attested by the Clerk of the Board and exhibited to the 
 County Commissioners and filed with the Clerk of the Board 
 of County Commissioners, the same shall be utterly void, 
 and the person obtaining such license shall be liable to in - 
 dictment,as in other cases of retailing without a license,and 
 for any offence of retailing, shall moreover forfeit and pay 
 to the City the sum of twenty dollars. 
 
 Aldermen [Sec. 87. That the corporate authorities of the several 
 
 may pro- * 
 
 Mbit sale of cities and towns of this State shall have power to regu- 
 
 wjparitousli- 1 ° 
 
 Ordinances 180 ^ a ^ e > res t ra i n or prohibit within their corporate limits, or 
 
 1862 , chap. 2 °, w jthin one mile thereof, the sale of spirituous liquors: 
 
 Provided , nevertheless , That when any tax shall have been 
 paid for an annual license, it shall be the duty of the 
 Aldermen to make a pro rata compensation for such time 
 as such license shall be suspended. 
 
 renaiting for g EC 33 That for the violation of any by-law, or rule 
 
 violating city J J ’ 
 
 ordinances, made by said Aldermen, in pursuance of [the foregoing 
 
 isss^chap. 20 , 3ec tj on ^ they may prescribe penalties not exceeding one 
 hundred dollars for each offense, to be recovered before 
 the Mayor, Intendant or Magistrate of Police, without any 
 stay of process, mesne or final, and when judgment shall 
 be given for any such penalty, the party convicted may, 
 unless the penalty and costs be paid, be immediately 
 committed to jail for the space of thirty days, or until 
 payment thereof shall be made, or else the Mayor, Inten- 
 
CHARTER OF THE CXT? OF RALEIGH. 
 
 <lant or Magistrate of Police may issue execution therefor: 
 
 Provided , That any party dissatisfied with such judg¬ 
 ment, shall be allowed an appeal to the next Superior 
 •Court for the County, upon entering into recognizance 
 with sufficient security for his appearance to said Court, 
 
 -and also for the penalty and costs.] 
 
 Sec. 89. That all penalties incurred by any minor for miSorH^pItr. 
 the breach of any of the provisions of this act or any or-^j, 1 ^^: 
 finance passed in pursuance thereof, shall be recovered 
 from the parent, guardian, or master, (if the minor be an 
 -apprentice) of such minor. 
 
 Sec. 90. That all penalties imposed by law, relating to J > e e c I j ) ^^ ho w 
 the City or by this act, by any ordinance of the City, uu- 
 less otherwise provided, shall be recoverable in the name 98, sec,7<> * 
 of the City of Raleigh, before the Mayor or any tribunal 
 having jurisdiction thereof. 
 
 Sec. 91. That the Aldermen shall not have power to Penalty not , 
 
 1 be larger tl, un 
 
 impose for any offence, a larger penalty than twenty-five ^nars^priM 
 dollars, unless the same be expressly authorized, and from 1 ^ 6 ^ 7 r 
 Any judgment of the Mayor for any penalty which isim- 77 - 
 posed or allowed to be imposed by this act, or for other 
 cause of action herein allowed, the party dissatisfied may 
 appeal in like manner and under the same rules and reg¬ 
 ulations as are prescribed for appeals from the judgment 
 of a Justice of the Peace. 
 
 Sec. 92. That the Mayor shall be entitled to the fol- Mayor’s aw*. 
 lowing fees in cases herein enumerated, whereof he may 
 have jurisdiction as Mayor : for every warrant issued by 
 him for the recovery of any penalty or for other cause of 
 action, twenty-five cents; for every judgment rendered 
 thereon, one dollar, to be taxed among the costs; for 
 every warrant issued by him as Mayor to apprehend an 
 offender against the criminal laws of the State, under 
 which he may be arrested and recognized to appear be¬ 
 fore a Court of Record, one dollar, to be taxed, on sub¬ 
 mission or conviction of the offender, among other costs; 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 m 
 
 for every warrant to arrest individuals who may have 
 fled from other States or counties, two dollars, to be paid 
 on removal of offender by such as may convey him away 
 for the use ©f the City seal for other than City purposes, 
 one dollar ; for every certificate for other than for City 
 purposes, fifty cents. 
 
 S EC * 93. [That in all cases where judgments may be en- 
 tered against any person or persons for fines or penalties* 
 i ifap. 1 Ki' seri i according to the laws and ordinances of any incorporated 
 town, and the person or persons, against whom the same 
 is adjudged, refuses or is unable to pay such judgment, it 
 may and shall be lawful for the Mayor before whom such 
 judgment is entered, to order and require such person or 
 persons so convicted, to work on the streets or other pub¬ 
 lic works until, at fair rates of wages, such person or per¬ 
 sons shall have worked out the full amount of the judg¬ 
 ment and costs of the prosecution.] 
 
 Sec. 94. That no offence cbmmitted and no penalties 
 fiTv. and forfeitures incurred under any of the acts or or- 
 ctisAp. sec! dinances hereby repealed, and before the time when such 
 repeal shall take effect, shall be affected by the repeal, ex¬ 
 cept that when any punishment, penalty or forfeture 
 shall have been mitigated by the provisions of the act* 
 such provisions may be extended and applied to any 
 proviso, judgment, to be pronounced after the repeal : Provided , 
 That no suit or prosecution pending at the time of the re¬ 
 peal for any offence committed, or for any penalty or for¬ 
 feitures incurred under any of the acts or ordinances 
 hereby repealed, shall be affected by such repeal : Provi- 
 omeerhoM- d e djurther, That no law heretofore repealed, shall be re¬ 
 vived by the repeal of any act repealing such law : And 
 provided lastly, That all persons who, at the time when the 
 said repeal shall take effect, shall hold any office under 
 any of the acts hereby repealed, shall continue to hold 
 the same according to the tenure thereof, except those of¬ 
 fices which may have been abolished, and those as to 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 which a different provision shall have been made by this 
 act. 
 
 Sec. 95. That the City of Raleigh may convey lands 
 and all other property which is transferable by deed, by 
 deed of bargain and sale or other proper deed, sealed with 
 the common seal, signed by the Mayor and two members 
 of the corporation, and attested by a witness. 
 
 Sec. 96. [That the Mayor and a majority of the Com¬ 
 missioners of any incorporated City, town or village in the 
 State shall have power, at all times to sellat public outcry 
 <after thirty days’notice,) to the highest bidder, any prop¬ 
 erty, real or personal, belonging to the City, and apply the 
 aneans as they may think best. The Mayor of any village, 
 &own or City, <&c., is fully authorized to make title to any 
 property sold under this act. Battle’s Revisal, Chapter 
 111, Sec. 35 and 37.] 
 
 Sec. 97. That any person or persons, violating any or¬ 
 dinance of the City, shall be deemed guilty of a misde¬ 
 meanor, and shall be subject to the provisions of chapter 
 •one hundred and eleven of Battle’s Revisal, entitled 
 “Towns.” 
 
 Sec. 98, [Debts contracted by a municipal corporation 
 in pursuance of authority vested in it, shall not be levied 
 out of any property belonging to the City and used by it 
 in the discharge and execution of its corporate duties 
 and trusts, nor out of the property or estate of any indi¬ 
 vidual who may be a member of such corporation or may 
 liave property within the limits thereof. But all such 
 debts shall be paid alone by taxation upon subjects prop¬ 
 erly taxable by such corporation; Provided however , that 
 \Vhenever any individual by his contract, shall become 
 bound for such debt, or any person may become liable 
 therefor by reason of fraud, such person may be subjected 
 to pay such debts according to the course of the law in 
 other cases. Battle’s Revisal, chap. Ill, Sec. 32.] 
 
 May convey 
 lands, Ac. Pri¬ 
 vate Acts lSoti- 
 ’57, chap. ftS, 
 sec. 85. 
 
 City property 
 sold at public 
 outcry, Public 
 Acts 1872-’7Ji t 
 chap. 112, sec, 
 1 and 3. 
 
 Violations of 
 any ordinan¬ 
 ces, a misde¬ 
 meanor. Cub. 
 Acts 1871-’72, 
 chap. 195, sec 2. 
 
 City debts. 
 Public Acts 
 1870-71, chap. 
 99, sec. 1. 
 
m 
 
 CHARTER OF THE CITY OF RALEIGH. 
 
 Officer* shall 
 f«rtt property 
 •n’ertosuccefc- 
 K«jr«. Public 
 Arts 1870-’71, 
 177, sec I, 
 
 Tatx lists to be 
 jcut rendered. 
 Public Acts 
 187t‘- 5 71, cbap. 
 177. sec. 2. 
 
 Board forbid¬ 
 den to use 
 money to pre¬ 
 vent ratifica¬ 
 tion, <S?c., of 
 charter. Acts 
 1874-*75, chap. 
 HO, sec. 1. 
 
 Borrow mon¬ 
 ey. Priv. Acts 
 IS70-7I. chap. 
 oA, sec.7. 
 
 Sec. 99 [All municipal officers, Mayors, Aldermen,. 
 Commissioners, and tax Collectors of any town or City, who 
 shall on demand, fail to turn over to their successors m 
 office, the property, books, moneys, seals, or effects, of 
 such town or City, shall be deemed guilty of a misde¬ 
 meanor, and upon conviction, before the Superior Court 
 of the County in which said town or City is located, shall 
 be imprisoned for not more than five years, and fined 
 not exceeding one thousand dollars, at the discretion of 
 the Court. 
 
 Sec. 100. All tax lists, which have or may hereafter be 
 placed in the hands of the Tax Collector, shall he, at all 
 times, subject to the control of the authorities imposing 
 the tax, and subject to he corrected or altered by them., 
 and shali be open for inspection by the public, and, upon 
 demand of the authorities imposing the tax, or their suc¬ 
 cessors in office, shall he surrendered to the authorities 
 for such inspection or correction, and if the Tax Collector 
 fail or refuse to surrender his list upon such demand, her 
 shall he deemed guilty of a misdemeanor, and upon con¬ 
 viction, be subject to the penalties imposed by the preceding 
 section. Battle’s Revisal, Chapter 111, Sec. 33 and 34.]* 
 
 Sec. 101. [ The Board of Commissioners or other au¬ 
 thorities of any City or town in this State, he, and they 
 are hereby forbidden to appropriate or use the moneys,, 
 of funds of such City or town, for the purpose of prevent¬ 
 ing the ratification or acceptance or carrying into opera¬ 
 tion of any Charter or Amendment to any Charter enacted 
 by this General Assembly.] 
 
 Sec. 102. That the Board of Aldermen may borrow 
 money only by the consent of a majority of the qualified 
 registered voters, which consent shall he obtained by a 
 vote of the citizens of the corporation after thirty days, 
 public notice, at which time, those who consent to the 
 
 *See Note to Section 54. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 X) 
 
 same shall vote “approved/’ and those who do not con¬ 
 sent shall vote “ not approved.” 
 
 Sec. 103. [That all claims against the several Coun* presented ^ 
 ties, Cities and towns, of this State, whether by bond or after 
 otherwise, shall be presented to the Chairman of the pubn^Acts 
 Board of County Commissioners, or to the chief officers 243, sec’. 1. ap * 
 of said Cities and towns, as the case may be, within two 
 years after the maturity of such claim or claims, or the 
 holders of such claim or claims shall be forever barred 
 from a recovery thereof: Provided, That all claims 
 which have already matured and become due shall be 
 presented on or before the first day of January Anno 
 Domini one thousand eight hundred and seventy-seven, 
 or the holders thereof shall be forever barred of a recov¬ 
 ery thereof. 
 
 Sec. 104. That it shall be the duty of the Chairman Registry or 
 of the Board of County Commissioners of the several 
 Counties or the chief officers of the several Cities and 
 towns to cause the nature, amount, date and time of ma¬ 
 turity of all claims so presented to be recorded in a book 
 kept for that purpose, and to be called “ The Registry of 
 Claims.”] 
 
 Sec. 105. That for the purpose of paying the present in bonds SS Triv< 
 debtedness of the City of Raleigh, and also for meeting 
 the expense of improvements to be made for the same, 
 the said City is hereby authorized and empowered to is¬ 
 sue bonds severally of such sums or denomination, pay¬ 
 able at such time or times respectively, drawing interest 
 at such rate, not exceeding eight per cent, per annum, 
 payable half yearly, of such form and tenor, and transfer¬ 
 able in such way as the Board of Aldermen of said City 
 shall deem most judicious. The said bonds so to be is¬ 
 sued, shall be disposed of upon the best terms practicable : 
 
 Provided, That said bonds be of the denomination of one 
 hundred, and five hundred, and one thousand dollars re¬ 
 spectively, and in such proportion as may be deemed ad- 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 40 
 
 visable : And provided further , That said loan shall not 
 exceed fifty thousand dollars, and the bonds having twen¬ 
 ty years to run. 
 
 Payment of Sec. 106 . That the Board of Aldermen of the. City of 
 
 principal and J ■ 
 
 VateActs lees- Raleigh are hereby authorized and empowered, and it 
 ■m, chap, n, s } ia u t )0 their duty to provide for the payment as well of 
 the principal money, as also of the accruing interest of 
 the bonds to be issued under the power granted in the 
 preceding section, by annually laying particular taxes for 
 these .special purposes, on all the persons and subjects of 
 taxation on which said Board of Aldermen now are or 
 hereafter may be authorized to lay taxes for any purpose 
 whatever, and such taxes shall be collected and specially 
 and exclusively applied to the satisfaction and discharg¬ 
 ing of the interest, and also of the principal money of 
 such bonds, and so much thereof as may not be annually 
 required to pay such interest, and cannot be applied in 
 discharge of the principal money of said bonds, shall be 
 so invested as to secure the payment of such principal 
 omimussior- money upon maturity of said bonds. For the purpose of 
 ie (* nd 7 Se ° ° answering the due investment of the amount to be col¬ 
 lected from year to year, and applicable to the payment 
 of principal money of said bonds, the Board of Aldermen 
 aforesaid shall appoint some suitable person to be styled 
 Commissioner of the Sinking Fund of the City of Ral¬ 
 eigh,” whose duty shall be, under such general rules and 
 regulations as said Board of Aldermen shall, from time 
 to time prescribe, to make investments of so much of the 
 taxes collected as aforesaid as shall be applicable as afore¬ 
 said to the payment of the principal money of said bonds, 
 and to do and perform all such other services in connec¬ 
 tion with the debt of the City of Raleigh, as said Board 
 of Aldermen may prescribe, and such Commissioner shall 
 give bond, and receive such compensation for his servi¬ 
 ces as said. Board of Aldermen may determine. 
 
 fioml. 
 
CHARTER OF THE CITY OF RALEIGH. 
 
 41 
 
 Sec. 107. That none of the bonds authorized to be is- 
 aued by the 106th section of this act, shall be disposed of SS& 
 either by sale, exchange or otherwise, for any purpose 44 ‘ s ^‘‘ 
 whatsoever, other than'that declared in said section ; nor 
 shall any of said bonds be applied either by sale, exchange 
 or otherwise, in satisfaction, discharge or renewal of any 
 one of the class of debts referred to in said section, Until 
 such debt shall have been first duly audited and approved 
 by the Board of Aldermen of the City of Raleigh. 
 
 *Sec. 108. The provisions of tliis act [sections 106,107 and £d toqiiui-*” 
 108] shall be submitted to a vote of the qualified voters of the pr?vateA«t,s 
 City of Raleigh at an election to be held at the Court House 
 in said City at a day to be designated b} r the Aldermen 
 thereof, which shall not be less than thirty days after the 
 ratification of this act. Those approving the provisions of 
 this act, shall deposit in the ballot-box, a slip folded, con¬ 
 taining the printed or written word “approved.” Those 
 disapproving the same, shall deposit a like ballot with the 
 words “not approved.” If a majority shall vote “approv¬ 
 ed,” it shall be deemed and held that a majority of the 
 qualified voters are in favor of giving the Aldermen au¬ 
 thority to issue the bonds of the City as mentioned in 
 this act, and like wise to levy and collect the necessary 
 taxes to pay the interest and principal of said bonds as 
 above mentioned. If a majority of said voters shall vote 
 “not approved,” then this act shall be of no effect. Those 
 qualified to vote for Mayor and Aldermen of said City 
 and none others, shall be allowed to vote, and the election 
 shall be held and returns made, under such rules and 
 regulations as exist in case of election of civil officers. It 
 shall be the duty of the Mayor to cause a copy of this act 
 to be posted at the Court House door,and to be published 
 in the Raleigh Standard and Sentinel daily, for twenty 
 
 *N. B.—This issue of bonds has been submitted to a vote of the qual¬ 
 ified voters and a majority voted “approved,’’ 
 
CHARTER- OF THE CITY OF RALEIGH. 
 
 days preceding the election, and he shall publish in like 
 manner, a notice of the election. Public notice shall be 
 given of the result of the election. The Aldermen 
 shall have power, consistently with the law of the State, 
 to provide for the registration of voters, and to take all 
 measures necessary and proper for holding the election as 
 contemplated in section. 
 
APPENDIX 
 
 (1.) “ ACT TO AUTHORIZE INCORPORATED TOWNS AND CITIES- 
 TO ESTABLISH SYSTEMS OF PUBLIC -SCHOOLS. 
 
 Sec. 1. Be it enacted by the General Assembly of the 
 St,ate of North Carolina , and it is hereby enacted by the 
 iiiithority of the same, That the Mayor, Intendant or 
 other chief officer of any City or incorporated town of the- 
 State, shall be authorized to take the sense of those qual¬ 
 ified to vote, in the town or City elections, as to the pro¬ 
 priety of establishing one or more Public Schools to be 
 supported by the taxes collected or authorized to be col¬ 
 lected for corporation purposes; and the said Mayor, In¬ 
 tendant or ether Chief officer shall give public notice of 
 said election in the papers published in the corporation, 
 and if there be none, by posters, in three public places in 
 each ward, at least twenty days before the election. And 
 the Mayor, Intendant or other Chief officer, shall make 
 known the result of said vote by public proclamation, 
 and shall cause the whole proceedings to be recorded by 
 the Clerk of the Corporation. 
 
 Sec. 2. Be it further enacted , That if a majority of 
 the votes given in any election,held as above, shall be in 
 favor of Public Schools, the Mayor, Intendant or other 
 Chief officer of the corporation, shall cause an election to 
 be to be held for School Commissioners, one of whom, 
 shall be chosen for each ward of the corporation, and ‘ 
 from those entitled to vote in the elections of the corpo¬ 
 ration ; of w 7 hich election the Mayor or other Chief officer 
 shall give ten days notice, in three public places in each 
 ward, and the said Commissioners, after the election, shall 
 hold their offices until the succeeding day for the election 
 of tow n officers, and until their successors are chosen, and' 
 
44 
 
 APPENDIX. 
 
 every succeeding election for School Commissioners shall 
 he on the day for the election of Mayor or Intendant, and 
 lor one year, and until their successors are chosen. 
 
 Sec. 3. Be it further enacted , That the Commissioners 
 . so elected, with the Mayor, Intendant or other Chief officer 
 of the corporation, shall constitute a board, of whom the 
 Mayor or other Chief officer of the corporation shall be 
 ex-officio Chairman, whose duty it shall be to manage the 
 whole system of Public Sehools of the corporation, to se¬ 
 lect and engage buildings for the said Schools, to deter¬ 
 mine the number and character of the Schools, to employ 
 teachers, appoint visitors, and to do such other acts as 
 are neccessary to the success of the Schools and consist¬ 
 ent with the purposes of this act, and every such Com¬ 
 missioner, who shall accept an appointment, as such, and 
 fail to discharge the duties of his office, shall forfeit and 
 pa} r a fine of ten dollars, to be collected as other penal¬ 
 ties, and paid to the Town Treasurer, for the use of the 
 Public Schools. 
 
 Sec. 4. Be il further enacted, That in every town or City 
 in the State voting in favor of Public Schools, the Mayor, 
 Intendant or other Chief officer, shall call a meeting of 
 the authorities of said corporation, and cause to be pre¬ 
 pared for the Board of School Commissioners, a statement 
 of the amount appropriated by said authorities for Pub¬ 
 lic Schools, and such a statement shall be annually fur¬ 
 nished to the Board of School Commissioners within five 
 days from their election. 
 
 Sec. 5. Be it further enacted , That the authorities of 
 Cities and incorporated towns, establishing PublicSchools 
 according to the provisions of this act, shall be required 
 to set apart all the funds of said corporation that can be 
 spared from other purposes, required by their charters 
 and laws passed in accordance herewith [therewith], for 
 educational purposes, and in addition to the powers'of 
 taxation, with which they are already invested, they 
 
APPENDIX. 
 
 41 ) 
 
 shall be authorized to levy and collect a poll tax on every 
 [white] male inhabitant of the corporation, over twenty- 
 one years old, of not more than two dollars, to be wholly 
 appropriated to the use of the Public Schools. 
 
 Sec. Be it further enacted , That the Treasurer of the 
 corporation establishing a system of Public Schools ac¬ 
 cording to the act, shall be Treasurer of the School fund, 
 liable on his bond for it, that he shall keep said fund and 
 its accounts separate, and shad make an annual report in 
 regard to the receipts and disbursments of School moneys, 
 at the time and under the regulations in force when he 
 rendered his statement of other public funds, and all 
 payments for the Schools shall be made on drafts, signed' 
 by the Chairman of the Board of Commissioners, coun¬ 
 tersigned by the Clerk or Secretary. 
 
 Sec. 7. Be it further enacted, That the Clerk of the town 
 or Cit} r , establishing a system of Public Schools, shall be 
 ex-officio Secretary of the Board of School Commissioners., 
 and shall discharge the duties of such under a penalty of 
 ten dollars for every failure, to be collected as other fines 
 and paid to the School fund ; and if there be no such- 
 Clerk in the corporation, the Board of School Commis¬ 
 sioners shall elect one of their own number Secretary, and' 
 it shall be the duty of the Secretary to attend all meet¬ 
 ings of the Board, to record its proceedings in a book 
 kept for that purpose, to issue notices, countersign war¬ 
 rants, and have his records open to the public inspection, 
 and he may receive for his services such compensation as 
 the Board may allow. 
 
 Sec. 8 . Be it further enacted , That it shall be the duty 
 of the Board of School Commissioners in every town or, 
 City, to number the [white] children of the corporation be¬ 
 tween the ages of 6 and 21, and as soon as they receive a 
 statement of the amount, of money appropriated on Schools 
 for any one year, to provide first for primary Schools for 
 all the children who need them,and if, after such provision. 
 
APPENDIX. 
 
 m 
 
 there be other funds, they may be used for Schools of higher 
 grade, and all the white children of the corporation, be¬ 
 tween the age of 6 and 21 shall be entitled to enter the 
 Public Schools which they are qualified to enter : P/o- 
 vided, that the grades in the School shall regularly ascend, 
 and the School Commissioners shall be required to estab¬ 
 lish the lowest first, and next the Schools of the next 
 higher grade, and so on upward. 
 
 Sec. 9. Be it further enacted, That the School Commis¬ 
 sioners of each corporation shall make a quarterly state¬ 
 ment, to the town or City authorities, of the condition of 
 the Schools, and to be filed with corporation records, and 
 annually one month before the expiration of their term 
 of office, shall make a detailed report of all the operations, 
 stating the number of [white] children in the corpora¬ 
 tion between the age of 6 and 21, the sums expended for 
 JSchool purposes, the number and grade of the Schools, 
 the attendance on each, the salary paid Teachers, and 
 other such facts concerning the Schools as may be im¬ 
 portant, which report shall be published, before the next 
 election, in the paper of the corporation, and if there be 
 none such, in pamphlets or hand-bills, and a copy shall 
 be filed with the Secretary of the Board, and one, au¬ 
 thenticated by the seal of office of the Clerk of the County 
 [Superior] Court, sent to the Governor ©f the State. 
 
 Sec. 10. Be it further enacted , That the authorities of 
 every corporation establishing a system of Public Schools, 
 shall be authorized to receive, buy, lease, sell and convey 
 for School purposes, real and personal property : to hold 
 such property in trust for the Schools, and to sue for in¬ 
 juries or trespass on the same. 
 
 Sec. 11. Be it further enacted , That this act shall be in 
 force from and after its ratification. 
 
 Acts 1866-7, chap. XIY. Ratified February 2 8th, 1867. 
 
APPENDIX. 
 
 47 
 
 (2.) “ AN ACT TO PROTECT THE CITY OF RALEIGH FROM AC¬ 
 CIDENT BY FIRE. 
 
 Sec. 1 . That the City of Raleigh shall have power to 
 issue and sell bonds of the corporation bearing a rate of 
 interest not exceeding eight per cent., the denominations, 
 description, (whether coupon or otherwise,) length of time 
 to run and other incidents thereof to be determined by 
 the Aldermen of said City, said bonds not to exceed 
 in the aggregate fifteen thousand dollars: Provided , That 
 said bonds shall not be sold at a discount greater than 
 fifteen per cent. 
 
 Sec. 2. The proceeds of the sale of such bonds shall 
 be applied to the making of at least thirty cisterns in said 
 City, to be located at such points as the Aldermen may 
 determine, the same to be used for the purpose of holding 
 a supply of water ready for the extinguishment of fires. 
 
 Sec. 3. It shall be the duty of the Aldermen of the 
 y City of Raleigh to levy and collect an annual tax on real 
 and personal property, sufficient to pay the amount of in¬ 
 terest on said bonds, and also to create a sinking fund 
 sufficient to discharge the principal in twenty years. 
 
 Sec. 4. Three Trustees shall be elected by the Aider- 
 men, none of whom shall be a Alderman, and each of 
 Avhom shall be the owner in his own right of at least two 
 thousand dollars real estate unincumbered in the City, 
 for the purpose of managing and investing the proceeds 
 of the tax levied for creating the aforesaid sinking fund. 
 The Tax Collector of the City shall pay over to said 
 Trustees all the proceeds of said taxes, and said Trustees 
 shall, from time to time, pay the interest on the said 
 bonds, and the balance of said taxes they shall invest in 
 bonds of the City of Raleigh or in United States bonds; 
 The interest of such investment shall be invested like¬ 
 wise in like securities as fast as the same shall be collected. 
 
 Sec. 5. This act shall not go into operation until rati¬ 
 fied by a majority of the property holders who are elec- 
 
48 
 
 APPENDIX. 
 
 tors of the City of Raleigh, voting at an election to bo 
 held after the first Monday of May, one thousand eight 
 hundred and seventy-one. Thirty days notice being 
 given of said election, (a copy of this act accompanying 
 said notification,) by advertisement in the Raleigh Tele¬ 
 gram and Sentinel daily, and by posting at the Court 
 House door. 
 
 Ratified, 4th April, A. D., 1871. 
 
 Note. —This act has never been submitted to the voters 
 of the City, and its provisions are not yet in force. The 
 word Aldermen has been substituted for the word Com¬ 
 missioners in the act. 
 
ORDINANCES 
 
 OF THE 
 
 CITY OF RALEIGH, 
 
 REVISED BY THE CITY ATTORNEY, 
 
 AND ADOPTED 
 
 BY THE 
 
 BOARD OF ALDERMEN. 
 
 FEBRUARY 4, 1876. 
 
CHAPTER I. 
 
 MULES FOR THE GOVERNMENT OF THE BOARD OF ALDER¬ 
 MEN OF THE CITY OF RALEIGH. 
 
 Skotiosi. I 
 
 U Board to meet once every month, j 
 &c. ! 
 
 2 Order of business. 
 
 3. Mayor to decide questions of or- i 
 
 der ; 
 
 4. Previous question, may be called : 
 
 by a majority. \ 
 
 fi. Motion to adjourn. 
 
 #. Proposition to appropriate mon- { 
 ey, or new ordinance or rule,’! 
 made only at regular meetings ; 
 T,. Motion to reconsider 1 , when al¬ 
 lowed. 
 
 *}. Ordinances, when in force. 
 
 8L Elections, how held. 
 
 H). Special Committees, how ap- \ 
 pointed. 
 
 II. StandingCornmittees, what and ; 
 how chosen. 
 
 Section. 
 
 12. No member to continue stand¬ 
 ing after the Mayor has taken 
 the chair. 
 
 13. Discussion confined to point in 
 debate. 
 
 IT Order to be observed when tin* 
 question is being put 
 
 15. When motions to be entertained, 
 and order of precedence of same. 
 
 16. When question divisible. 
 
 17. Amendments and substitutes, 
 when allowed. 
 
 ltf Reports of Committees, how 
 made. 
 
 19. Applications and petitions, 
 through whom made, and how 
 received. 
 
 Sec. 1. There shall be a regular meeting of the Board 
 of Aldermen at the Mayor’s office, on the first Friday 
 night in each month, and on the last Friday night in 
 April of each year: the meeting in May shall be on the 
 Tuesday after the first Monday. The Mayor, or a majority 
 of the Board, may call a special meeting in case of emergen¬ 
 cy, but no business shall be transacted at such meeting ex- 
 eept that for which it was called. Nine 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. When a regular meeting shall he organized, 
 ike order of business shall be as follows: 1st, Reading 
 the proceedings of the last meeting, unless dispensed with 
 by general consent 2nd, Corrections, if any to be made. 
 
ORDINANCES OF THE CITY OF RALEIGH, 
 
 51 
 
 3rd, Reports of Committees, and discussions on the same. 
 (A.) Report of Street Committee. (B.) Report of Finance 
 '’Committee. (C.) Reports of any Special Committees. 
 4th, Auditor's report. 5th, Report of Treasurer. 6th, 
 Report of Clerk of the Market. 7th, Report of the City 
 Marshal, which, in his absence, shall be made by the 
 Assistant Chief of Police. 8th, Reading of communica¬ 
 tions by the Clerk. 9th, Unfinished business. 
 
 If the Board direct any matter to be the special busi¬ 
 ness of a future meeting, the same shall have precedence 
 -over all other business at such meeting. No proposition 
 shall be entertained by the Mayor until it has been second¬ 
 ed, and every proposition shall, when required by the 
 Mayor or a member, be reduced to writing. 
 
 Sec. 3. The Mayor shall preserve order, decide all ques¬ 
 tions of order and appoint all Select Committees; but 
 any member may appeal to the Board from the decision 
 of the Mayor upon any question of order, and on such 
 . appeal no Alderman shall speak more than once without 
 leave, or longer than three minutes. * 
 
 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 three members. 
 
 Sec. 5. A motion to adjourn shall always be in order, 
 and shall be decided without debate. 
 
 Sec. 6. No proposition to appropriate money, to alter 
 or repeal any ordinance or rule of the Board, or 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, ex¬ 
 cept upon a motion for reconsideration made by some 
 member voting with the majoritj\ Amotion to reconsider 
 a vote shall not be in order, except at the samb, or the suc¬ 
 ceeding adjourned meeting to that at which the vote is ta¬ 
 ken. Provided , that a vote or question may be reconsidered 
 at any time by the vote of two-thirds of the Board, 
 
52 
 
 ORDINANCES OF- THE CITY OF RALEIGH. 
 
 Sec. 8. Every ordinance shall he in force from its pas¬ 
 sage, unless otherwise ordered. 
 
 Sec. 9. All elections by the Board shall be made by 
 ballot if required by any two members present. A ma¬ 
 jority of the votes of all the members present shall be 
 necessary to make an election or appointment. 
 
 Sec. 10. All Special Committees shall, unless otherwise 
 ordered, be appointed by the Mayor, one from each Ward. 
 
 Sec. 11. The Standing Committees shall be as follows 
 ©ne from each Ward, elected by the Board by ballot: 
 Committee on Finance; Committee on Streets. 
 
 Sec. 12. After the Mayor has taken the Chair, no 
 member shall continue standing, except to address the 
 Chair. 
 
 Sec. 13. Speakers shall rise to address the Chair, and 
 shall confine themselves to the point in debate. 
 
 Sec. 14. When the Mayor is putting any question, the 
 Aldermen shall continue in their seats, and shall not hold 
 any private discourse. 
 
 Sec. 15. When a question is under consideration, no 
 motion shall be received, except as follows: To lay on the 
 table ; to postpone to a time certain; to postpone indefi¬ 
 nitely ; to refer to a Committee; to amend ; to divide 
 and motions for any of these purposes shall have prece¬ 
 dence in the order named. A motion to adjourn, and to 
 lay on the table shall always be in order, and shall be 
 decided without debate ; and of these, the motion to ad¬ 
 journ shall take precedence: But no motion to adjourn 
 or to table shall be entertained while the Board is voting, 
 ©r immediately succeeding the same motion; some inter¬ 
 vening business must have been transacted. 
 
 - Sec. 16. If a question under discussion contains seve¬ 
 ral distinct propositions, the same shall be divided at the 
 request of any member, and a vote taken separately ; but 
 
 motion to strike out and insert shall be indivisible. 
 
 Sec. 17. All amendments shall be considered in the 
 •rder in which they are moved. When a proposed. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 53 
 
 amendment 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 to the whole matter may be received. No 
 proposition on a subject different from the one under con¬ 
 sideration shall be received under color of a substitute. 
 
 Sec. 18. The reports of all Committees shall be in 
 writing, and shall be received, of course, without motion 
 for acceptance. All reports recommending or requiring 
 tiny action or expression of opinion by the Board shall 
 be accompanied by a corresponding resolution. 
 
 Sec. 19. All applications and petitions to the Board 
 shall be read and laid on the table as a matter of course, 
 subject to any motion which an Alderman may think 
 proper to make. All such applications and petitions shall 
 he presented through the Clerk of the Board. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 M 
 
 CHAPTER II. 
 
 CONCERNING THE STREETS AND THE STREET COMMISSIONER. 
 
 SKOTIOJff. . RKCTION. 
 
 1. Street Commissioner, election, i 
 
 and bond. 
 
 2. Duties of Street Commissioner, j 
 8. Footways to be kept clean, and j 
 
 gutters open. 
 
 4. Cellars to be kept in repair. 
 
 6. Public wells, cisterns and pumps, j 
 «. Encroachments on the streets. 
 
 7. Brick, stone, &c., on the streets. 
 
 E Coal and wood on Fayetteville 
 
 street 
 
 8. No goods to be sold on sidewalks. ! 
 10. Shade trees. 
 
 H. Fastening horses. 
 
 12. Feeding horses, &c., where pro- j 
 hibited. 
 
 10. Deposits in streets prohibited. ] 
 
 14. Removal of dirt, <fcc. from streets, j 
 squares, &c. prohibited. 
 
 15. Sidewalks and foot-ways. 
 
 10. Drays not to be driven out of a J 
 walk. 
 
 17. Fast riding and driving prohib¬ 
 ited. 
 
 18. Vehicles not to he stopped on j 
 footways. 
 
 19. Games, and throwing missiles | 
 prohibited. 
 
 20. Bridges, culverts and drains. 1 
 
 21. Vehicles not to stand in the 
 streets. 
 
 22. Watering horses at public pump**, 
 forbidden. 
 
 23. Cisterns. 
 
 24. Shade trees to be trimmed. 
 
 25. Fire-arms, fire-works, <fcc. 
 
 26. Defacing signs, <fcc. forbidden. 
 
 27. Auctions on Fayetteville Street 
 prohibited. 
 
 28. Building in the lines of old 
 streets forbidden. 
 
 29. New streets to be opened imme¬ 
 diately after assessment. 
 
 30. No work except repairs to be en¬ 
 tered upon without the consent- 
 of the Board. 
 
 31. All supplies to be bought upon, 
 requisition. 
 
 32. Work to be examined. 
 
 33. Street Commissioner to have- 
 charge of pumps. 
 
 34. Storage of cotton. 
 
 35. Report of Street Commissioner... 
 
 36. Defendants may be sentenced 
 to work on the streets. 
 
 37. Chain-Gang. 
 
 38. Penalties herein imposed to be- 
 recovered before the Mayor. 
 
 Sec. 1. At the first regular meeting of the Board of 
 Aldermen in May of each year, or as soon thereafter as 
 may be determined by the Board, there shall be elected 
 by the Board of Aldermen a Street Commissioner, who 
 shall hold his office for one year, and until his successor 
 shall be duly elected and qualified. He shall give bond 
 in the sum of Three Thousand Dollars, payable to the- 
 Oity of Raleigh, and conditioned for the faithful perform¬ 
 ance of his duties. His rate of compensation shall be 
 determined by the Board. 
 
 Sec. 2. Tne Street Commissioner shall employ and su¬ 
 perintend all the laborers required by the City to work 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 55 
 
 upon the streets and other public works. He shall re¬ 
 port to the Street Committee each week the time that 
 each employee has worked, the cost of the labor and ma¬ 
 terial, and all other expenses incurred by him on account 
 of the City. He shall further perform all the duties im¬ 
 posed upon him in this chapter, and which may hereafter 
 be imposed by the Board. 
 
 Sec. 3. Every occupant of a lot on any sheet shall 
 keep the footway clean and the gutter open and free from 
 obstruction, as far as such lot extends. If any rubbish, 
 dirt, ashes or any other thing be placed or left, without 
 lawful authority, upon such footway or in such gutter, 
 the occupant of such lot shall remove the same; if twelve 
 hours elapse after notice by the City Marshal, or by the 
 Street Commissioner, or by an Alderman, without such 
 removal, the occupant shall forfeit five dollars. 
 
 Sec. 4. Every owner of a house on a street which has 
 a cellar door or vault in a public footway, shall keep the 
 same in good repair. If he shall, after being notified so 
 to do by the Mayor, or by a member of the Committee 
 on Streets, or b\ the Street Commissioner, or by the City 
 Marshal, either in person or through a Policeman, fail, 
 for the space of three days, to repair the same, he shall 
 forfeit five dollars ; and every day that shall elapse there¬ 
 after, until the repair is made, shall constitute a dis¬ 
 tinct offence. If there be several owners of such house, 
 it shall be sufficient to give the said 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. 5. If any person shall throw filth or rubbish of 
 any kind into any of the public wells, or cisterns, or in 
 any manner injure the public pumps, he shall forfeit five 
 dollars. 
 
 Sec. 6 . No citizen of Raleigh shall encroach upon the 
 streets by erecting any piazza, porch, stoup, paling, chim¬ 
 ney or other building, on pain of being compelled to to- 
 
50 ORDINANCES OF THE CITY OF RALEIGH. 
 
 move the same, or to pay such annual tax as may be im¬ 
 posed by the Aldermen. 
 
 Sec. 7. No brick, stone, wood or other substance ob¬ 
 structing the streets, shall be suffered to lie in the streets 
 of the city; and no person shall place in any street or 
 alley, or upon any sidewalk, any boxes, casks, crates, 
 barrels or other obstructions: Provided , however , That 
 building material, earth and other obstructions of like 
 character may, by permission of the Mayor in writing, 
 he allowed under such restrictions as he may impose. 
 Every person offending against these provisions shall for¬ 
 feit and pay five dollars for each and every offence, and 
 a like sum for each and every day that such obstructions 
 are permitted to remain. 
 
 Sec. 8. No wood or coal shall be allowed to remain on 
 Fayetteville street for a longer period than thirty-six 
 hours after said coal or wood shall have been deliveied 
 to the person ordering the same; in case of a violation of 
 this section, a penalty of five dollars shall be imposed 
 upon the party or parties ordering the same for each day 
 the said coal or wood may remain on the said street. 
 
 «Sec. 9. No produce, merchandise, cooked provisions, 
 poultry, fruits, vegetables, or other commodity, shall be 
 kept exposed for sale, in or upon any sidewalk, alley or 
 gutter in the City, nor shall any s L and be placed thereon 
 for such purpose. All persons violating these provisions 
 shall forfeit and pay five dollars for each offence. 
 
 Sec. 10 . The citizens may plant trees in front of their 
 lots at the distance of twelve feet from the line of the 
 street. If any person shall cut or destroy such tree with¬ 
 out permission from the Board of Aldermen, he shall for¬ 
 feit twenty dollars. 
 
 Sec. 11. No person shall fasten a horse or other ani¬ 
 mal to any fence enclosing any of the public squares, 
 under a penalty of three dollars for each offence. 
 
 Sec. 12. If any person shall feed any horse, mule or 
 other animal on any street except in the vicinity of the 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 01 
 
 Railroad Depots, and on Hargett Street between Fayette¬ 
 ville and Wilmington Streets, on Martin Street between 
 Fayetteville and Wilmington Streets, and on Wilmington 
 Street, or shall hitch any of said animals to any shade 
 tree in the City, or to any post within four feet of the 
 footway, he shall forfeit five dollars for every offence. 
 
 Sec. 13. All persons are prohibited from depositing 
 any dirt taken from any cellar or other place upon any of 
 the streets or public squares in the City of Raleigh, with¬ 
 out the permission or consent of the Street Commission¬ 
 er, under a penalty of twenty dollars for each and every 
 offence. 
 
 Sec. 14. No person shall remove any sand or dirt from 
 the streets, or loam or clay from any square or lot be¬ 
 longing to the City or the State, either within or beyond 
 the limits of the corporation, under a penalty of five 
 dollars. It shall be the duty of the officers of the 
 City to report to the Mayor any breach of this ordinance 
 immediately. 
 
 Sec. 15. No person shall lead, ride or drive any horse 
 or other animal upon any footway except such part of it 
 as lies directly between the carriage-way and the entrance 
 to an adjacent lot, and only for the purpose of going into 
 or out of said lot; nor shall any person place on the foot¬ 
 way of any public street any wheelbarrow, hand-cart, 
 hand-carriage or other vehicle, except in passing directly 
 across the footway into or out of a house or lot, under a 
 penalty of four dollars for each offence: Provided , That 
 nothing in this section shall prevent the use, on such 
 footway, of a hand-carriage to carry an infant or invalid. 
 
 Sec. 16. No person shall drive any dray, cart or wagon 
 In any public street out of a walk; nor shall the driver 
 of any vehicle on any street wantonly crack his whip to 
 the annoyance of others, nor suffer his vehicle to stand or 
 pass on any street without holding the reins, except in 
 the case of a wagon, cart or dray while delivering or re- 
 
58 ORDINANCES OF THK CITY OF RALEIGH. 
 
 reiving a load. When vehicles meet,each shall go to the- 
 right; and if any vehicle passes another, it shall pass on 
 the right. Any person offending against any provision 
 of this section shall forfeit five dollars for each offence. 
 
 Sec. 17. No person shall ride or drive any horse or 
 other animal in any street faster than an ordinary trot, 
 nor break any horse or other animal, nor try any unbro¬ 
 ken horse or other animal in any street, tinder a penalty 
 of ten dollars for each offence, 
 
 Sec. 18. No person shall stop any vehicle on a footway 
 or flagged crossing for foot passengers, under a penalty 
 of one dollar for so stopping, and of twenty-five cents for 
 every five minutes he shall remain after notice to move 
 off: Provided, The driving a cart or wagon on the foot¬ 
 way to deliver wood or coal shall not be deemed a viola¬ 
 tion of this ordinance, if the same is delivered without 
 delay, and the wagon is removed from the f otway, as 
 soon as the wood or coal is delivered. 
 
 Sf:c. 19. All games of every description, and throwing 
 stones or other missiles, are forbidden in the streets and 
 sidewalks of the City, and every person offending against 
 this section shall forfeit and pay five dollars for each and 
 every offence. 
 
 Sec. 20. Any person who shall injure any bridge, or 
 other property belonging to the City, or place any ob¬ 
 struction in any culvert, drain or sewer, public or pri¬ 
 vate, shall forfeit ten dollars. And if he fail to remove 
 the same for twelve hours after notice by the Mayor, or 
 Street Commissioner, or one of the Street Committee, 
 every day that-shall elapse thereafter without such re¬ 
 moval, shall constitute a distinct offence. 
 
 Sec. 21. No wagon, cart, carriage, buggy or other ve¬ 
 hicle shall be permitted to stand in any street when not 
 in use by the owner, under a penalty of four dollars for 
 each offence, and the City Policemen are hereby directed 
 to be strict in the enforcement of this section; and no 
 
ORDINANCES OF THE CITY OF RALEIGH. 59^ 
 
 wood-wagon shall stand on Fayetteville Street in front of 
 the Market House. 
 
 Sec. 22. No person shall take water from a public- 
 pump in a barrel, nor water a horse at a public pump*, 
 under a penalty of four dollars for each offence. And iF 
 any person shall wilfully or negligently, by unreasonable* 
 violent use, or otherwise, injure any public well or pump- 
 in the City, he shall forfeit and pay ten dollars; and the 
 City Police are instructed to use special diligence to car¬ 
 ry this order into effect. 
 
 Sec. 23. The cisterns shall be under the charge of the- 
 Fire Commissioners of the F'ire Division in which they- 
 are situate, whose duty it shall be to keep them filled^ 
 with water to be used only in case of fire. 
 
 Sec. 21. The Street Commissioner shall notify all per¬ 
 sons having trees in front of their lots to have them 
 properly trimmed. If the owner or occupant refuse, or 
 delay compliance more than five days, they shall be trim¬ 
 med under the superintendence of the Street Commis¬ 
 sioner, the expense thereof to be charged to the owner or 
 occupant of said lot, to be recovered by warrant before- 
 Idle Mayor. 
 
 Sec. 25. Any person who shall shoot off any gun or 
 other fire-arm, or shoot off or have any rocket, pop-crack¬ 
 er or other fire-works, or any combination of gun-powder*, 
 in any street or footway, or shoot off any gun or other 
 firearms within fifty yards of any street, or shoot off any; 
 gun or fire-arms charged with ball or shot or any other 
 deadly thing within two hundred yards of any habitation 
 within the city, except in cases of necessity, shall forfeit, 
 ten dollars fur each offence: Provided , Nothing herein 
 contained shall prohibit the exhibition of fire-works on> 
 occasions of public rejoicing. 
 
 Sec. 26. 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 
 
m 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 person, or pollute any spring or well of water belonging 
 to another, shall forfeit ten dollars. 
 
 Sec. 27. No auction shall be held on Fayetteville street. 
 Any person violating this section shall forfeit ten dollars 
 for each offence. 
 
 Sec. 38. All persons are forbidden to build within the 
 4ine of any of the old streets of the City extended. 
 
 Sec. 29. Whenever streets shall have been ordered to 
 T)e opened, and an assessment shall havebeen duly made 
 according to law and approved by the Board, the Street 
 Commissioner shall open the same so as to give the right 
 of way to the public, even if he is unable to grade them 
 4it the time. 
 
 Sec. 30. Neither the Street Commissioner nor the Street 
 Committee shall be allowed to enter upon any work ex¬ 
 cept ordinary repairs, without the previous consent of the 
 Board; and whenever any work isproj:osed to be done, a 
 detailed estimate of the cost thereof shall be submitted to 
 the Board. 
 
 Sec. 31. The Street Commissioner shall in all cases 
 Tnake a requisition upon the Mayor for all supplies 
 wanted in his department, and if approved, the Mayor 
 shall direct the Clerk to issue an older for the articles 
 wanted. The Clerk shall prepare the proper blanks for 
 requisition, subject to the approval of the Mayor. 
 
 Sec. 32. No account for work by contract shall be al¬ 
 lowed until the work so contracted for shall be examined 
 by the Street Commissioner, who shall certify to the 
 Board whether the same is done as described in the pro¬ 
 posals. 
 
 Sec. 33. The Street Commissioner shall take charge of 
 the pumps of the city, and keep the same in order; and 
 to that end he is authorized to employ a competent me- 
 -chanic to keep the pumps in order, and to put in new 
 stocks when necessary, and to do such other mechanical 
 work when not working on the pumps as the Street Com- 
 
ORDINANCES OF THE CITY OF RALEIGH. 6k 
 
 missioner shall direct. The Street Commissioner is di¬ 
 rected to purchase suitable tools for the repairing ami 
 keeping up the pumps of the city. 
 
 Sec. 35. The regulation of the storage of cotton is lift 
 to the discretion of the Mayor, who shall be empowered to 
 make all such orders and rules as may be necessary to 
 prevent the impeding of the sidew'alks and streets by 
 cotton, and to enforce the same by fine. 
 
 Sec. 36. The Street Commissioner shall report once a 
 week to the Street Committee, and oftener if required by 
 them. The Street Committee shall report every 
 month to the Board the amount of work performed, the 
 locality, and the character of the work and the quality of 
 the labor employed, distinguishing skilled mechanic 
 from common labor. 
 
 Sec. 37. In all cases where a defendant may be atk 
 judged to be imprisoned, it shall be competent for the 
 Mayor also to order that the said defendant work during 
 the period of his confinement upon the streets and public 
 works of the City. 
 
 Sec. 38. The City Marshal shall, under the direction of 
 the Mayor, organize a chain-gang of such persons as shall 
 be sentenced as aforesaid, or shall, in the discretion of ther 
 Mayor, provide some efficient and suitable means to pre¬ 
 vent the escape of prisoners while at work : Provided, 
 that in no case shall women, or boys under the age of 
 fourteen,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 sentenced to 
 work, exceed twenty-eight days. 
 
 Sec. 39. All the penalties imposed in this chapter shall 
 together with the costs, be recoverable by warrant before 
 the Mayor, and it shall be the duty of all the officers of 
 the City to prosecute every violation of this chapters 
 which shall come within their knowledge. 
 
(ORDINANCES OF THE CITY OF RALEIGH, 
 
 *62 
 
 CHAPTER III. 
 
 CONCERNING THE PREVENTION OF ACCIDENTS BY FIRE. 
 
 •Srctiion. 
 
 1. Persons not to erect wooden 
 
 buildings, where. 
 
 2. Chimneys to be built of bricks or 
 
 stone. 
 
 3. Btoves, how built. 
 
 4. Chimneys not to be.set on dre. 
 
 b. No shavings to be placed near 
 
 t Section. 
 
 any building. 
 
 | 6. No blacksmith or baker's shop fc« 
 
 £ to be erected, where. 
 
 | 7. No shavings to be burnt in the 
 
 * streets. 
 
 I 8. Powder in store, how much. 
 
 Sec. 1. No person shall erect any building of wood or 
 any wooden additions to any buildings on the squares in 
 4he City bounded by Morgan, Salisbury, Martin and Wil¬ 
 mington streets,nor shall any wooden building be removed 
 from any other place to said squares; nor shall any person 
 *rect any wooden building within thirty feet of any brick 
 or stone house other than his own without the permission 
 of the owner; and if his own, he shall cover the same with 
 n tile, slate or metal roof. Any person violating any 
 provision of this section shall forfeit twenty-five dollars 
 for every week such building shall remain, after notice 
 to remove the same. 
 
 Sec. 2. No chimney shall be erected within the City of 
 any other material than brick or stone. Any person of¬ 
 fending against this section shall forfeit twenty-five dol¬ 
 lars for the first month such chimney shall remain after 
 notice given by the Mayor or City Marshal to remove the 
 same, and four dollars for each succeeding month until 
 it is removed. 
 
 Sec. 3. To every stove erected within the City there 
 shall be an iron, stone or brick hearth extending at least 
 one foot beyond the size of the stove, and the pipe to every 
 such stove, if it pass through the wall or roof of the house, 
 shall extend four feet from the same, shall have a cap 
 or elbow placed over the end of it, and shall not be placed 
 within eight feet of any building. It shall be the duty 
 
ORDINANCES OF THE CITY OF RALEIGH. B3 
 
 of the City Constable, from time to time, to examine the 
 stoves in the city; and if they are not constructed as re¬ 
 quired by this section, to give directions to have them so con¬ 
 structed. If they shall not have been altered, as directed, 
 within one month after the direction was given, the own¬ 
 er shall forfeit ten dollars. 
 
 Sec. 4. If any person shall suffer his chimney to take 
 fire so as to blaze out at top, (except in a snow or in rainy 
 weather) he shall forfeit four dollars. 
 
 Sec. 5. No person shall deposit wood shavings in any 
 place out of doors within thirty yards of any building^ 
 without consent of the Mayor. Any person so offending 
 £<hall forfeit five dollars for each offence. 
 
 Sec. 6. No blacksmith's or baker’s shop shall be erected 
 in the city between Blount, Cabarrus, McDowell and Jones 
 streets. Any person so offending shall forfeit twenty-five 
 /iollars; and for every month such prohibited building 
 shall be kept up, a like forfeiture shall be incurred. 
 
 No new blacksmith’s shop shall be erected within the 
 City without the express permission of the Board. 
 
 Sec. 7. No shavings or other fuel shall be burnt in any 
 street, except by blacksmiths for tiring wheels; nor shall 
 any person carry fire out of doors unless under safe cover. 
 Any person violating the provisions of this section shall 
 forfeit five dollars for every offence. 
 
 Sec. 8 . No merchant shall keep more than one keg of 
 powder in his store, under a penally of twenty-five dol¬ 
 lars for each offence. 
 
04 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 CHAPTER IV. 
 
 CONCERNING THE FIRE DEPARTMENT. 
 
 fSKCTION. 
 
 1. Mayor to organize Fire Compa. 
 n.ies. 
 
 2 Meeting of Fire Companies. 
 
 3. Duty of companies upon alarm of 
 
 fire. 
 
 4. Duty of Captain to keep roll. 
 
 5. Captain to bepresentat meetings 
 
 and at fires. 
 
 6. Power to call for help upon all 
 
 persons. 
 
 1. Duty of Mayor in case of fire. 
 
 0. Election of Fire Commissioners* 
 Duties. 
 
 Skction. 
 
 9. Election of Chief Engineer Du¬ 
 
 ties. 
 
 10. Appointment of Assistant En* 
 gineer. Duties. 
 
 11. Organization of the companies* 
 
 12. Requirements of membership. 
 
 13. No liquors allowed in Engii> 
 House or at fires, except when. 
 
 14. Penalty for disobedience or neg¬ 
 lect. 
 
 15. No company allowed to leave 
 the city except by leave of Chief 
 Engineer and of Fire Com’r. 
 
 Sec, 1. The Mayor shall forthwith, and hereafter in 
 January in each year, take the necessary measures in 
 pursuance to act of General Asssembly of 1826-27, for 
 organizing Fire Companies for this city, the said Com¬ 
 panies to consist of fifty men each, (to be increased to ono- 
 hundred, if necessary,) the first two to be known as Fire 
 Companies Nos. 1 and 2, and the others as the Board of 
 Aldermen may determine. 
 
 Sec. 2. It shall be the duty of the said Companies to 
 meet at such time and place, at least quarterly, for exer¬ 
 cise and inspection, as may be directed by the Captains 
 of the several Companies, whose duty it shall be to cause 
 notice to be given to their respective members. 
 
 Sec. 3. It shall be the duty of the said companies, upon 
 the alarm of fire, to proceed at once to their respective 
 engine-houses, and thence with their respective machines 
 to the fire, where they shall be under the control and di¬ 
 rection of their Captains respectively. 
 
 Sec. 4. It shall be the duty of the Captain of each com¬ 
 pany to keep a roll of the members of his company, which 
 roll shall be called whenever the company may be ordered 
 out for exercise, and also at every fire. 
 
ORDINANCES OF THE CITY OF RALEIGH. 05 
 
 Sec. 5. It shall be the duty of the several Captains to 
 be present at each meeting of their respective companies 
 for exercise and at every fire, and to take the entire charge 
 and direction of said companies at all times. 
 
 Sec. 6 . During the continuance of any fire, the Chief 
 Engineer, the Fire Commissioners, each of the Captains 
 and the Mayor shall have power to call on any and all 
 persons to assist in extinguishing the same, or in pulling 
 down or blowing up any building, or in removing any 
 building, or in removing any goods, wares, merchandise 
 and furniture from any building on fire or in danger, to 
 some place of safety. Any person failing to obey any or¬ 
 der given for the purposes aforesaid, shall forfeit ten 
 dollars : Provided , however , That no dwelling-house, store 
 or warehouse shall be blown up, pulled down or in any 
 way destroyed, without the advice and consent of the 
 Chief Engineer or one or more of the Fire Commissioners. 
 
 Sec. 7. In case of fire it shall be the duty of the Mayor 
 to attend and take charge of the Police Department; in 
 case of the removal or exposure of property he shall de¬ 
 tail a sufficient number of citizens, not members of the 
 Fire Department, who shall constitute an auxiliary police 
 force, whose duty it shall be, under the direction of the 
 Mayor, to guard all exposed property and detain all sus¬ 
 picious and disorderly persons, and to do whatever may be 
 lawfully done to protect the rights of the citizens and 
 preserve the public peace. In case the Mayor is not pres¬ 
 ent the duties above set out will be required of the Chief 
 Engineer or of the Fire Commissioners. 
 
 Sec. 8. The City shall be divided into four Fire Divis¬ 
 ions. That portion of the City north of Hargett street 
 and east of Halifax and Fayetteville streets, shall be the 
 First Division; the portion south of Hargett street and 
 east of Fayetteville street, shall be the Second Division 
 the portion south of Hargett street and west of Fayette¬ 
 ville street, shall be the Third Division; and the portion 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 m 
 
 north of Hargett and west of Halifax and Fayetteville 
 -streets, shall be the Fourth Division. 
 
 Sec. 9. The Board of Aldermen shall, during the 
 month of May of each year, select four Fire Commission¬ 
 ers, one for each Fire Division, who shall serve for one 
 year, and until their successors are duly elected and in¬ 
 stalled. The said Fire Commissioners shall be qualified 
 by taking the oath of office, and shall have entire direc¬ 
 tion (under the control of the Board of Aldermen) of the 
 Fire Department of the City, and shall make quarterly 
 inspections of the companies, their machinery, engine- 
 house and equipments, and shall report the condition of 
 the same to the Board, with such recommendations as 
 they think advisable. They shall also, as provided in 
 Chapter II., sec. 23, have the control and supervision of 
 the cisterns in the streets, and perform such other duties 
 as the Board of Aldermen may from time to time direct. 
 
 Sec. 10. The Board of Aldermen shall, during the 
 month of May in each year, elect a Chief Engineer of the 
 Raleigh Fire Department, who shall have a general super¬ 
 vision of all the Fire Companies of the City. He shall 
 hold his office for one year, and until his successor shall be 
 lected and qualified. He shall report to the Fire Com¬ 
 missioners in writing semi-annually, giving a detailed 
 statement of all the companies under his supervision, and 
 shall perform all the duties herein imposed, or which 
 mav hereafter be imposed upon liiim 
 
 Sec. 11. The Chief of the Fire Department shall, with¬ 
 in ten days after he receives a notification of his election, 
 appoint an Assistant Engineer. It shall be the duty of 
 the Assistant Engineer to visit at least once a week the 
 engine and truck-houses, and to ascertain if any repairs, 
 <e£c., are needed, and to see that the houses, machinery, 
 carriages, etc., are in gbod order. Whenever a fire shall 
 #eeur in the city, it shall be the duty of the Assistant 
 Engineer to repair immediately to the place of the fire, 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 67 
 
 carrying with him a badge of his office, and to report to 
 the Chief. He shall take proper measures, under the di¬ 
 rection of the Chief, to cause the engines and other ap¬ 
 paratus to be advantageously arranged and effectively 
 used; and he shall have power to call for assistance upon 
 nil persons present. In the absence of the Chief, he shall 
 exercise all the duties of that officer. 
 
 Sec. 12. Each Fire Company shall elect or appoint its 
 officers under its own rules and regulations. It shall be 
 he duty of the Foreman or Captain of each Company to 
 see that the engine or other apparatus committed to his 
 care shall be kept neat and in order for immediate use. 
 The Foremen or Captains shall keep order in their respec¬ 
 tive companies, and enforce a strict compliance with the 
 City ordinances and rules of the Board of Aldermen. 
 They shall keep full and exact records of their respective 
 companies, specifying age, time of admission and dis¬ 
 charge, and a full list of all the machinery and apparatus 
 entrusted to their care. These records shall be kept in a 
 hook "to be furnished them, and shall always be open to 
 the inspection of the Chief or any one of the Fire Com¬ 
 missioners. The Foremen shall make monthly reports 
 In writing to the Chief of the names of the members of 
 their respective companies, and the condition of their ap¬ 
 paratus and equipments, with an estimate of the articles 
 required for the ensuing month. The Foreman of each 
 company shall remain with his company when on parade 
 or on duty, and shall be responsible for the conduct of his 
 men. 
 
 Sec. 13. The members of the Fire Companies shall be 
 not less than eighteen years of age, and residents of the 
 City of Raleigh. They shall be exempt from poll tax as 
 long-as they remain active members of the Fire Depart- 
 .tuent. 
 
 Sec. 14. No liquors tliall be allowed in any engine or 
 other house belonging to the Department, or at any fire 
 
68 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 unless by the express order of the Chief and one or more 
 of the Fire Commissioners, and any officer or member 
 who may be intoxicated about any engine or other house- 
 used by the Department, or at any fire, shall be subject 
 to dismissal. 
 
 Sec. 15. Any officer or member who shall wilfully 
 neglect to perform his duty, or be guilty of disobedience 
 to his superior officer, shall be liable to be removed from 
 the Department by a two-thirds vote of the Fire Commis¬ 
 sioners, or shall be liable to be fined at their discretion,, 
 not exceeding ten dollars: Provided , That this shall not 
 take awa} T from the companies the right to fine or expel 
 their members under their own rules. In all cases of a 
 fine exceeding five dollars, or of dismissal, an appeal may 
 be taken to the Board af Aldermen. 
 
 Sec. 16. No company shall be permitted to leave the 
 City with their apparatus unless permission be granted 
 by the Chief and a majority of the Fire Commissioners,. 
 
 CHAPTER V. 
 
 DISORDERLY HOUSES, DRUNKENNESS, GAMING TABLES, &C\ 
 
 ^Section I Section. 
 
 1. Forfeits for keeping or renting | 3. Cursing, drunkenness, &c. 
 
 houses of ill-fame. 4. Breaches of the peace, 
 
 2. Police may demand admission. | 5. Gaming tables, prize boxes, &c~ 
 
 Sec. 1. 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 any house to be used 
 as a house of ill-fame, shall forfeit and pay ten dollars for 
 every day the house is so kept; and all adult persons 
 living in such house shall be considered the keeper- 
 thereof, and be subject to the penalties of this section. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 69 
 
 Sec. 2. If the occupant of any disorderly house shall 
 refuse to open his doors and give entrance to any officer 
 of the City or members of the Police, demanding admis¬ 
 sion for the purpose of suppressing disorderly conduct 
 therein, he shall forfeit ten dollars. 
 
 Sec. 3. Every person found guilty of loud and bois¬ 
 terous 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 of the City or violating the rules of decency, 
 shall forfeit and pay five dollars for every offence; and 
 Jill persons found lying drunk on the streets in the City 
 shall be taken and lodged in the guard-house. 
 
 Sec. 4. If any person shall commit any breach of the 
 peace, or engage in any riotous or disorderly conduct 
 within the limits of the City, he shall forfeit and pay for 
 the use of the City twenty-five dollars : Provided , That 
 rafter conviction, and a judgment of said penalty, the 
 Mayor shall have power, in his discretion, to remit 
 any portion thereof, not exceeding twenty dollars: 
 And provided further, That this ordinance shall 
 not be construed to relieve the Mayor from the duty of 
 binding over the offender according to law, if the offence 
 is one properly triable before a higher Court. 
 
 Sec. 5. No roulette table, or other game in an} 7 man¬ 
 ner resembling roulette, nor any other games of chance 
 or adventure, whereby the purchase of any article de¬ 
 pends upon chance, nor the sale of any prize boxes of 
 candies or other things wherein the purchaser is promised 
 or led to expect to receive anything over and above the 
 articles purchased, shall be exhibited, take place or be 
 made in any of the public streets of the City of Raleigh, 
 under the penalty of twenty dollars for each offence, to 
 be recovered by warrant before the Mayor. Whenever 
 iiny Policeman or officer of the City sees an} 7 person vio¬ 
 lating this section, it shall be his duty to arrest the offen- 
 
70 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 t 
 
 der at once and bring him before the Mayor to be deals 
 with under this section. 
 
 CHAPTER VI. 
 
 SUNDAY AND ITS OBSERVANCE. 
 
 Section. j Section. 
 
 1. Games and sports prohibited. | 4. Duties of constables or policen> c. 
 
 2. Unlawful assemblies on Sunday, j 5. Barbers’ shops. 
 
 3. Penalties for keeping stores open. I G. Barbers. 
 
 Sec. 1. No person shall be allowed to play at air*' 
 game 'on Sunday within the limits of the City, on paint 
 of forfeiting for every such offence ten dollars ; and every 
 proprietor^* a billard-table, fivee-alley or ten-pin alley,or 
 other sport-ground, permitting any game to be played 
 on Sunday, shall forfeit on conviction twenty-five dol¬ 
 lars. 
 
 Sec. 2. Any person who shall, on Sunday, be present 
 and aiding at any unlawful or disorderly assembly, or bt 
 found drunk in the streets, shall forfeit five dollars for 
 every such offence. 
 
 Sec. 3. Any person who shall keep open any shop or store 
 on Sunday, for the purpose of buying or selling, except 
 in cases of necessity, shall forfeit twenty-five dollars r 
 but Drug-Stores may he kept open at all times. 
 
 Sec. 4. It shall be the duty of the Policemen of the City 
 to go over the whole City and surburbs at least two Sun¬ 
 days in every month, for the purpose of apprehending 
 any person who may be found violating any of the laws 
 or ordinances of the City, or of the State, and of ferreting 
 out and bringing to justice all offenders against the peace 
 and good order of society. 
 
 5. It shall not be lawful for the owner or proprietor of 
 or any employee in, any Barber Shop within the limits 
 
ORDINANCES OF THE CITY OF RALEIC.IT. 
 
 of the City to open, or al’ow to be opened, tbe same for 
 tonsorial purposes on Sunday. Any person violating this 
 section shall be liable to a fine of twenty-five dollars- for 
 every violation proven, to be enforced by the Mayor. 
 
 Sec. 6. No barber shall be allowed to follow his trade 
 or profession, whether in or out of his regular place of 
 business, (except in cases of extreme illness or death) up¬ 
 on Sunday. For every violation of this section the offen¬ 
 der shall be liable to a fine of twenty-five dollars, to be 
 collected as other fines, upon the information of any offi¬ 
 cer or citizen. If complaint shall be made by any person 
 other than an officer, one-half of the fine imposed in this? 
 and the preceding section shall be paid to the informer. 
 
 CHAPTER VII. 
 
 THE MARKET. 
 
 Section. 
 
 1. Where kept. 
 
 2. Assistant Chief of Police to be 
 
 Clerk of the Market. 
 
 3. His duties. 
 
 4. No cider ©r liquor to be sold in 
 
 Market. 
 
 5. Buying during market hours for 
 
 resale prohibited. 
 
 0. Times of selling. 
 
 7. Corn meal to be sold by weight, j 
 
 8. Fodder, <fcc., to be weighed at 
 
 public scales. 
 
 9. Weigli-master, his duties. 
 
 10. Clerk of the Market to keep mar¬ 
 ket weights and measures. 
 
 11. Shall test false weights and 
 measures, when suspected. 
 
 12. No sales at auction on Square, j 
 unless permitted. 
 
 13. Sales of certain articles outside ! 
 of Market prohibited. 
 
 Section. 
 
 14. Beef, veal, &c., not sold by steer- 
 yard weight. 
 
 15. Renters to keep clean stalls, &e_ 
 
 16. Clerk to arrange carts and wag¬ 
 ons at Market. 
 
 17. Fodder, shucks, wood, «fcc., ex¬ 
 cluded from Market Square 
 
 18. Clerk to rent out stalls yearly. 
 
 19. No re-renting allowed. 
 
 20. No person to be interested in- 
 more than one stall at the same 
 time. 
 
 2’. Clerk to collect rents. 
 
 22. Clerk to keep rules posted. 
 
 | 23. Clerk a Police officer. 
 
 24 Fjsh not to be soaked in Market.. 
 
 25. Chief of Police to provide bar¬ 
 rels for emptying garbage. 
 
 26. Fowl coops, number and dimen¬ 
 sions. 
 
 27. Lights, when to be extinguished. 
 
 Sec. 1 . The Market building and Square, wherein the- 
 same is located, shall be kept as a public market places 
 
72 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 Every day shall be market day, except Sunday ; and the 
 market hours shall be from 4 a. m. until 9 p. m. upon every 
 market day, except Saturdays, and upon Saturdays from 
 4 a. m. until 10 p. m. 
 
 Sec. 2. The Assistant Chief of Police shall perform 
 the duties of Clerk of the Market, retaining all his pow¬ 
 ers and authorities as a Policeman. He shall, before en¬ 
 tering upon the duties of his office, give a justified bond 
 in the sum of one thousand dollars, for the faithful per¬ 
 formance of the same. His compensation shall be fixed 
 by the Board. 
 
 Sec. 3. The duties of the Assistant Chief of Police, 
 acting as Clerk of the Market, shall be to keep the Mar¬ 
 ket-House and Square clean and decent, at the expense 
 of the City; to inspect whatever is brought to market; to 
 preserve good order therein ; to rent out, under the direc¬ 
 tion of the Aldermen, the stalls, stands and benches, and 
 collect the same for the benefit of the City; and to see 
 that these regulations be, in all respects, strictly preserv¬ 
 ed. In case any meat or other article be offered for sale, 
 which he shall deem unfit, unsound or unwholesome, he 
 shall direct it to be withdrawn; and if this direction be 
 not complied with, the person offering the objectionable 
 article shall be subject to a fine of five dollars. And if an} r 
 person attending said Market shall appear there intoxi¬ 
 cated, or shall act in a rude and disorderly manner, he 
 shall be taken before the proper authority, and on con¬ 
 viction of any such offence, be subject to a fine of five 
 dollars. No person shall sleep or loiter in the Mar¬ 
 ket-House under a penalty of five dollars, to be recovered 
 by warrant before the Mayor.: and in case any person 
 shall fail to leave the Market-House, and remove there¬ 
 from the article which he may have exposed there for 
 sale, within fifteen minutes after the hour of closing the 
 same, he shall be subject td a fine of five dollars. 
 
 Sec. 4. No person shall be permitted to expose to sale 
 in the Market-House cider or other liquor used as a bev 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 erage; and any one exposing to sale in the Market- 
 House or within twenty feet thereof any cider or such 
 liquor shall forfeit ten dollars, unless by express permis¬ 
 sion of the Aldermen. 
 
 Sec. 5. Any person who shall, during market hours, 
 buy in the Market, or elsewhere in the City, any article 
 of provision usually sold at the Market, except wheat, 
 corn, flour, bacon and lard, with intent to offer the same 
 for sale again within the City, or elsewhere, shall forfeit 
 five dollars for every such offence, to be recovered by 
 warrant before the Mayor for the benefit of the City. 
 
 Sec. fl. No article of produce usually sold in market, 
 except melons, shall be exposed to sale within the limits 
 of the City before nine o’clock in the morning on any 
 day during the year except at the Market House; and 
 any persons purchasing such article or articles, either in 
 person or through the agency of others, contrary to such 
 restrictions, shall forfeit and pay five dollars for each and 
 every offence. And no one buying to sell again shall re¬ 
 ceive within the hours forbidden any of the said articles, 
 unless such articles shall come by way of Railroad. 
 
 Sec. 7. All corn meal sold within the limits of the 
 City shall be by weight, and forty-six pounds thereof 
 shall be considered equal to a bushel. Any person who 
 shall sell meal contrary to said regulation, shall forfeit 
 and pay for each bushel so sold one dollar, one-half of 
 the said penalty for the benefit of the person prosecuting 
 for the same, and the residue to be paid into the City 
 Treasury. 
 
 Sec. 8. All fodder, oats, hay and other provender sold 
 in this City shall be weighed at the public scales, and 
 the Weigh-master shall give a certificate of the weight of 
 the load, and also of the cart or wagon when unloaded; 
 and if any person shall sell or buy any fodder, oats, hay 
 or other provender which has not been weighed as herein 
 directed, he shall forfeit five dollars for each offence. 
 
ORDINANCES OF IMF-; CITY OF RALEIGH. 
 
 Sec. 0. A Weigh-master shall be appointed by the 
 Board of Aldermen on the first meeting in June in each 
 year, or as soon thereafter as may be determined upon, 
 who shall take charge of the scales and weigh all articles 
 offered for sale, giving a correct certificate of the weight, 
 signed by himself. He shall keep a correct account of 
 the name of the seller, the weight of each load, and the 
 charge for weighing. He shall charge for each load 
 weighing less than five hundred pounds, fifteen cents; 
 more than five hundred and less than one thousand 
 pounds, twenty cents; over one thousand pounds,twenty- 
 five cents; and shall have one-half the receipts for his 
 services. He shall give bond, with approved security, 
 in the sum of five hundred dollars, for the faithful,per¬ 
 formance of his duties; he shall settle with the Treasurer 
 monthly, and in case he fail so to do, he shall forfeit his 
 office. 
 
 Sec. 10. The Clerk of the Market shall keep at the 
 Market a set of suitable scales and weights for weighing- 
 heavy articles, and a set for weighing light articles, and 
 likewise a set of dry measures, all properly sealed, which 
 shall be the standard weights and measures; said scales 
 and weights shall be placed in some convenient part of 
 the Market, and shall, under the control of the Clerk, be 
 free for the use of buyers and sellers. 
 
 Sec. 11 . The Clerk of the Market shall, when he deems 
 proper, test by his standard the weight measure of 
 any article sold or offered for sale at the Market, and if it 
 be found that such weights or measures are below the 
 standard, the person so offending shall forfeit a sum equal 
 to the value of the article in question, and also the arti¬ 
 cle itself, the same to be seized and sold for the benefit of 
 the City. 
 
 Sec. 12. Any person who shall sell any property at 
 public auction on the Market Square, during Market 
 hours, without the consent of the Board of Aldermen 
 
ORDINANCES OF THE CITY OF RALEIGH. 75 
 
 and the payment of live dollars for the privilege, shall 
 forfeit ten dollars for every offence. 
 
 Sec. 13. The Clerk of the Market shall prohibit all sales 
 of fresh meats and fish outside the stalls in the Market- 
 House, under a penalty of ten dollars for each offence. 
 
 Sec. 14. Beef, veal, pork and other fresh meats, togeth¬ 
 er with butter and lard, shall be sold by weight, but steel¬ 
 yards shall not be used for weighing them. Fruit and 
 vegetables shall be sold by dry measure. Any person 
 who shall sell contrary to this section shall forfeit one 
 dollar for every such offence. 
 
 Sec. 15. Every renter of stalls or benches shall keep 
 the same clean, by washing or scraping them oft* every 
 day after Market hours. The entrails and offal of ani¬ 
 mals shall be secured from the air and screened from view. 
 Any person who shall violate any provision of this section 
 shall forfeit two dollars for every such offence. 
 
 Sec. 16. The Clerk of the Market shall cause every cart 
 or wagon bringing any article to market, to be arranged 
 in regular order on both sides of, or in front of the 
 Market-House, as he may deem best, the rear of the cart 
 or ^ T agon being disposed for the greatest convenience to 
 buyer and seller. 
 
 Sec, 17. It shall be unlawful for any person to bring 
 into the Market-Square for sale any fodder, straw, shucks,- 
 hay or wood, under a penalty of five dollars for every 
 such offence. 
 
 Sec. 18. The Clerk of the Market shall annually, in 
 the month of January, under the direction of the Board 
 of Aldermen, rent out publicly the fish and meat stalls 
 and vegetable benches or stands in the Market-House, for 
 one year, giving due notice of the time of renting by 
 posters in the Market-House. All renters shall pay- 
 monthly in advance, and it shall be the duty oftheClerk 
 of the Market to have vacated any stall where renters fail 
 to comply with the provisions of this section. 
 
76 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 19. Any person who shall re-rent or under-let any stall, 
 Ibench or stand to another for a higher rate, shall forfeit 
 twenty-five dollars for every such offence. 
 
 Sec. 20. No person shall be lessee of or interested in 
 more than one stall at the same time. 
 
 Sec. 21. All rents shall be collected by the Clerk of the 
 Market. 
 
 Sec. 22. The Clerk of the Market shall keep posted in 
 a conspicuous place in the Market-House, printed copies 
 of the rules, regulations, rates and penalties mentioned in 
 this chapter. He shall keep books, with columns for 
 each of said rates, in which he shall enter under the prop¬ 
 er heads all moneys received. He shall render an account 
 of all such moneys and of all fines and rents received by 
 him, and pay over the same to the City Treasurer week¬ 
 ly, and in case of failure to do so, shall pay a fine of 
 twenty-five dollars for every such offence. 
 
 Sec. 23. The Clerk being a Police officer, any person 
 failing to obey his lawful orders shall forfeit five dollars. 
 
 Sec. 24. No fish-monger or other person shall soak fish 
 within the Market or vicinity, and any person violating 
 this ordinance shall be subject to a fine of ten dollars. • 
 
 Sec. 25. It shall be the duty of the Clerk of the Market to 
 have placed on the streets in fr©nt of the north and south 
 doors of the Market House, a barrel at each door for the de¬ 
 posit of all garbage and refuse vegetables of the Market, 
 and hucksters and stall-keepers are hereby required to 
 deposit the same therein. A failure to conform to the 
 provisions of this ordinance shall subject offenders to a 
 fime of five dollars for each offence. The Clerk of the 
 Market shall provide for the emptying and draining of 
 the barrels daily. 
 
 hSec. 26. No person occupying City Market stalls shall 
 be allowed to use but one fowl coop on the street in front 
 &£ his premises, and no coop shall be allowed within the 
 stalls. The dimensions of the coops shall be as follows : 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 three feet wide with legs two feet high. The owners of 
 these coops shall be compelled to keep the same scrupu¬ 
 lously clean. The same shall be under the supervision 
 of the Clerk of the Market, and any person violating the pro¬ 
 visions of this ordinance shall forfeit and pay a fine of 
 fen dollars, to be collected on warrant by the Mayor, on 
 the complaint of the Clerk of the Market, or of any citizen 
 of the City. 
 
 Sec. 27. The lights in the Market (except those used 
 by the fish sellers) shall be extinguished every night at S 
 o’clock, except on Saturday night. 
 
 CHAPTER VIII. 
 
 metropolitan hall. 
 
 Section. 
 
 1. Renting, when and by whom* 
 
 2* Rates to be determined by cir" 
 
 Section* 
 
 3. Policemen to be present during 
 exhibition. 
 
 cumstances. 
 
 4 Chairs, & c., not to be loaned. 
 
 Sec. 1. The time of renting shall be goverved by cir¬ 
 cumstances, to be judged of by the Mayor acting for the 
 Board ; or when he may not act for any cause, whomsoever 
 the said Board shall nominate. 
 
 Sec. 2. There are no fixed rates, but the rent shall ht 
 determined according to the nature of the use to which 
 the Hall is to be put, or the design of the lessee, and shall 
 be, at all times, reasonably low. 
 
 Sec. One or more Policemen shall be present at every 
 performance to preserve order. No lady shall be admitted 
 unless accompanied by a gentlemen, unless she be known 
 as respectable. 
 
 Sec. 4. The chairs and other properties belonging in 
 Metropolitan Hall shall not be loaned or hired outside 
 the Hall. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 j 8 
 
 CHAPTER IX. 
 
 NUISANCES. 
 
 Section. 
 
 1. No tan-yard or slaughter-house 
 
 permitted. 
 
 2. Stagnant water in cellars. 
 
 3. Dead animals. 
 
 4. Privies. 
 
 5. Privies not to be oxposed. 
 
 6. Privies, how located. 
 
 7. Sunken privies, how built¬ 
 's. Street Commissioner’s duties in 
 
 reference to privies. 
 
 •D. Privies, when and how to be 
 
 cleaned. 
 
 10. Paradise tx-ees. 
 
 11. Dishwater and slops. 
 
 12. Throwing filth in streets, Ac. 
 
 IS. Hog-stys. 
 
 14- Stud-horses and Jackasses. 
 
 15. Hallooing, screaming, Ac. 
 
 16. Indecent exposures. 
 
 17. Fish-mongers. 
 
 18. Consignees of guano or other 
 manure to remove same, Ac. 
 
 Sec. 1. No tan-yard or slaughter-house shall hereafter 
 he established within the limits of the city. Those al¬ 
 ready in existence shall he moved within sixty days after 
 notice, and any person failing to comply with this ordi¬ 
 nance shall forfeit five dollars for every day such tan- 
 yard or slaughter-house shall remain after notice given 
 for its removal. 
 
 Sec. 2. Stagnant water in cellars or other places shall 
 he removed on notice from the City Marshal, Street Com¬ 
 missioner, Mayor or an Aldermen to the person so 
 offending, on pain of forfeiting five dollars for every day 
 it shall remain after such notice. 
 
 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 be thereon, without the 
 limits of the City, at least two hundred yards from the 
 bounds thereof, and from any public road, and to bury 
 the same, if it be a large animal, on pain of forfeiting 
 twenty dollars. 
 
 Sec. 4. No privy shall be permitted to stand so near 
 any public street as to be offensive to passengers, (they 
 shall be at least ten feet from the street,) on pain of the 
 uvner or occupier of such property forfeiting ten dollars; 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 79 
 
 and if continued, after a conviction has taken place, five 
 dollars for every day it shall remain; all privies to be 
 effectually cleansed once every month; and within the 
 first six days of May, June, July, August and September, 
 annually, in order to prevent them from becoming of¬ 
 fensive, their occupiers shall throw into them a sufficient 
 quantity of lime or ashes, on pain of forfeiting for neg¬ 
 lect five dollars. 
 
 Sec. 5. No privy within the limits of the city shall be 
 suffered to remain exposed in such a manner as that a 
 hog or pig can enter therein, under a penalty of ten dol¬ 
 lars, to be collected by warrant: Provided, That in every 
 instance the owner of such privy shall have received ten 
 days notice from the City Marshal of his liability to 
 such penalty, and he shall have failed to repair his lot 
 accordingly. 
 
 Sec. 6. All new privies erected on any lot in the City 
 shall be so located as to be an equal distance from the 
 dwelling houses on the adjoining lot or lots, as they may 
 be from the dwelling house on the lot where it is located. 
 All privies now erected not sustaining such relative posi¬ 
 tion as aforesaid shall be removed after five days notice 
 from the City Marshal to the owners thereof, and if such 
 removal is not made, the owner thereof shall pay five 
 dollars for every day such privies remain unremoved. 
 This section shall apply also to hog pens, and the Mayor 
 is instructed to enforce the penalty herein prescribed each 
 day the offence is committed. 
 
 Sec. 7. No privy shall be sunk in the ground within 
 the City limits except under the following conditions : 
 
 1. The excavation shall not be more than ten feet in 
 depth. 
 
 2. The bottom shall be of brick work one foot thick, 
 laid in hydraulic cement. 
 
 3. The sides shall likewise be of brick or stone, laid in 
 good hydraulic cement, and the whole plastered with ce¬ 
 ment and coated tight. 
 
80 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 4. The ventilator to said privy shall open at least 
 twenty-five feet from the surface of the ground. 
 
 All privies sunk in the ground not built according to 
 the foregoing regulations shall be altered so as to be con¬ 
 formable thereto. Persons violating this ordinance shall 
 pay five dollars for every day the offence shall be con¬ 
 tinued : Provided , That persons having privies sunk in 
 the ground shall be allowed thirty days to alter the 
 same. 
 
 Sec. 8. It shall be the duty of the Street Commissioner 
 to see that the provisions of this ordinance are carried in¬ 
 to effect, and after the expiration of thirty days, if the 
 party shall refuse or neglect to alter his privy as required 
 for ten days longer, it shall be the duty of said Commis¬ 
 sioner to fill up said privy. 
 
 Sec. 9. All persons having their privies cleaned out 
 within the City limits shall use a disinfectant, so as to 
 deodorize the filth, and all cleaning shall be done be 
 tween sunset and sunrise. All persons violating this sec¬ 
 tion shall be fined not less than five dollars. 
 
 Sec. 10. The Street Commissioner shall notify all per¬ 
 sons having Alanthus or Paradise trees on their lots to 
 cut them down, and after the expiration of fifteen days, 
 if the order shall not be complied with, the Street Com¬ 
 missioner shall cut them down and remove them. 
 
 Sec. 11. No person shall be suffered to convey out of 
 his or her kitchen the dish-water and other slops into 
 any of the streets of the City, on pain of forfeiting four 
 dollars. 
 
 Sec. 12. Any one throwing filth in the streets, ditches, 
 gutters, &c., from the jail, privies, or otherwise, shall for¬ 
 feit ten dollars for every offence, one-half to go to the in¬ 
 formant and the other half for the benefit of the City. 
 
 Sec. 13. No hog-sty shall be located within twenty-five 
 feet of any public street within the City; and if any such 
 sty shall be located contrary to the meaning of this ordi- 
 
ORDINANCES OF THE CITY OF RALEIGH. 81 
 
 nance and the person offending fail to discontinue it 
 within two days, on being notified by the proper author¬ 
 ity, he shall forfeit five dollars, and five dollars for each 
 day it may be allowed to stand. 
 
 Sec. 14. It shall not be lawful hereafter for any person 
 to exhibit any stud-horse or jackass in the streets of the 
 City, or to put any mare to a stud or jack within the 
 limits of the City; and every person concerned in so put¬ 
 ting a mare to a stud or jackass, or in aiding or assisting 
 in putting them together, or in causing the same to be 
 done contrary to this ordinance, shall, for every offence, 
 forfeit the sum of ten dollars, to be recovered by warrant 
 before the Mayor. 
 
 Sec. 15. Any person who shall be found guilty of loud 
 hallooing, screaming or making any loud or extravagant 
 noise (except in case of fire) in the City, either in the day 
 or night time, shall forfeit five dollars. 
 
 Sec, 16. Any person who shall indecently expose him¬ 
 self in any place in open day, or do any obscene act in 
 any public place, or write obscene language, or make ob¬ 
 scene marks or drawings on any wall in any public 
 place, or affix advertisements or bills to private houses, 
 fences and posts, shall forfeit five dollars for every such 
 offence. 
 
 Sec. 17. It shall be the duty of the City Policemen, 
 under the direction of the Mayor or any Alderman, 
 to investigate the condition of the privies, back yards and 
 other places in the City, when the Aldermen may 
 require it, and to notify the owner or tenant of the prem¬ 
 ises found in a filthy condition to cleanse the same. If 
 they are not cleansed within five days after notice is giv¬ 
 en, the party in default shall forfeit ten dollars, and five 
 dollars additional for each day such nuisance shall con¬ 
 tinue. 
 
 Sec. 13. Every consignee of guano or other manure or 
 article offensive to the smell or detrimental to the public 
 
 6 
 
32 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 health, shall, within five clays after notice in any manner 
 of its arrival at either Railroad Depot of the City, remove 
 the same, and shall, if retained within the City, store it 
 in such manner as not to be offensive to the neighbor¬ 
 hood, or detrimental to its health : Provided , That if such 
 consignee is a resident of, or has a place of business in the 
 City, it shall be prima facie evidence that he has 
 notice as aforesaid. Any person violating this section 
 shall, after five days notice from the Mayor, through a 
 Policeman, pay a penalty of twenty dollars for every day 
 the nuisance shall continue. 
 
 CHAPTER X. 
 
 CONCERNING DOGS, HOGS AND OTHER ANIMALS. 
 
 Section. 
 
 1. Dogs to be listed. 
 
 2. Penalty for not listing. 
 
 3. Collector to prepare collars. 
 
 •4. Owners of dogs to purchase and 
 attach such collars to dogs. 
 
 5. Chief of Police to capture dogs 
 
 not wearing collars, &c. 
 
 6. Chief of Police to rent lot to be 
 
 used as pound, &c. 
 
 7. Dog or slut, the property of non¬ 
 
 resident of the city, to be deliv¬ 
 ered without charge, <fcc. 
 
 8. Dog attached to vehicle not to be 
 
 Section. 
 
 seized, <fcc. 
 
 9. Chief of Police to prepare in¬ 
 struments to capture. 
 
 10. Hogs not to run at large. 
 
 11. Loose hogs to be impounded and 
 sold. 
 
 12. Excess over expense returned to 
 owner. 
 
 13. Hogs, how redeemed. 
 
 14. Goats taxed. 
 
 15. Penalty for goats running at 
 large. 
 
 16. Penal section. 
 
 ,- Sec. 1. It shall be the duty of every person at the time 
 of giving in his annual list of taxable property for the 
 City, to declare on oath the number of dogs or sluts he 
 may own, or which may belong to any person boarding 
 or residing in his family. 
 
 Sec, 2. Should any person fail to give in his dog or 
 slut, in the manner prescribed, he sh^ll forfeit and pay 
 the sum of five dollars for each dog or slut so omitted. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 83 
 
 Sec. 3. The City Marshal shall prepare dog collars, not 
 •exceeding in price twelve and one half cents each, and 
 he shall issue one to each person presenting the certificate 
 of the Collector that the tax has been paid. 
 
 Sec. 4. It shall be the duty of all owners of dogs or sluts 
 in the City to procure from the Collector, on paying the 
 proper tax, a collar as above described, which shall be 
 attached to the said animal. 
 
 Sec. 5. It shall be the the duty of the City Marshal to 
 capture all dogs or sluts found in the streets or other pub¬ 
 lic places in the City, without the aforesaid collar, and to 
 Impound him or her for three days, and if the same shall 
 not be reclaimed and the proper tax and also costs and 
 charges paid within said time, then it shall be his duty 
 to put the animal to death. For hig services in carrying 
 Ibis ordinance into execution, the City Marshal shall be 
 allowed as follows: For capture of the animal, fifty cents; 
 for feed of the same, per day, ten cents; for killing and 
 transportation of the carcass to such place as is required" 
 by law, fifty cents; which sums, if not paid by the owner, 
 shall be a charge upon the City. 
 
 Sec. 6 . The City Marshal shall rent a lot within or 
 without the City limits, and prepare the same to be used 
 as a pound, the expenditures of which shall be, with the 
 the advice and consent of the Committee of Accounts, 
 paid by the City. 
 
 Sec. 7. If the dog or slut belonging to any person not 
 a resident of the City, or within one mile of the City 
 boundaries, shall be secured under the foregoing pro¬ 
 visions, the same shall be delivered to the claimant 
 without charge, provided the claim shall be made within 
 twenty-four hours after seizure. But if not made within 
 said time, the claimant shall pay costs and charges. 
 
 Sec. 8. 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 owner, or 
 'shall be within his personal presence. 
 
84 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 Sec. 9, The City Marshal shall be authorized, at the ex¬ 
 pense of the City, with the advice and consent of the 
 Committee of Accounts, to have prepared such instru¬ 
 ments for capturing the animals liable to seizure as afore¬ 
 said, as may be necessary and proper. 
 
 Sec. 10. No hog shall be permitted to run at large in 
 the City. 
 
 Sec. 11. It shall be the duty of the City Marshal to im¬ 
 pound all hogs going at large, and to sell the same to the 
 highest bidder at the pound, after three day's notice at 
 the Court House door, unless the owner shall have re¬ 
 deemed them by paying to the City Marshal one dollar 
 and all expenses of impounding them, and one dollar 
 shall be collected as often as the hogs shall be permitted 
 by their owners to go at large. 
 
 Sec. 12. The money arising from the sale of said hogs 
 over one dollar and all expenses, shall be paid to the 
 owner, or to the City Treasurer, if the owner cannot be 
 found. 
 
 Sec. 13. Hogs belonging to non-residents may be re¬ 
 deemed by the payment of twenty-five cents and all ex¬ 
 penses of impounding them, and all money received for 
 hogs sold belonging to non-residents over twenty-five 
 cents and all expenses, shall be paid to the owner, or to 
 the City Treasurer if the owner cannot be found. 
 
 Sec. 14. Any person permitting a hog to run at large 
 in any of the streets of the City, shall be subject to a pen¬ 
 alty of two dollars. 
 
 Sec. 15. A tax of three dollars shall be paid for every 
 goat going at large in the City, to be recovered by war¬ 
 rant before the Mayor, and each day such animal shall 
 go at large shall constitute a distinct offence. 
 
 Sec. 16. Any person who shall obstruct, or endeavor to> 
 obstruct, the execution of any provision of this chapter* 
 shall forfeit twenty dollars for every such offence. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 85 
 
 CHAPTER XI. 
 
 POLICE ORGANIZATION AND REGULATIONS. 
 
 Section. 
 
 1. Organization and number. 
 
 2. Duties of Mayor as head of the 
 
 Department. 
 
 3. City Marshal, election and du¬ 
 
 ties. 
 
 4. Assistant Chief of Police, election 
 
 and duties. 
 
 5. Policemen, election and duties. 
 
 6. Authority to summons posse. 
 
 7. Power to enter house. 
 
 Duties at fire and miscellaneous. 
 
 9. Penalty for assaulting officer. 
 
 10. When policemen unwell, substi¬ 
 tute may be employed. 
 
 11. Mayor may commission special 
 policemen, when. 
 
 Section. 
 
 12. City Marshal to make weekly re¬ 
 turns. 
 
 13. Night police abolished. Reliefs. 
 
 14. Duties of Officer in charge. 
 
 15. Officer in charge responsible for 
 his relief 
 
 10. Penalty upon policeman for neg¬ 
 lect of duty. 
 
 17 Penalty for failing to light and 
 extinguish lamps 
 
 18. Responsibility of City Marshal. 
 
 19 Uniform of police force 
 
 20. Duty of neatness. 
 
 21. To keep repeating pistol. 
 
 22. Mayor may appoint secret de¬ 
 tective. 
 
 Sec. 1. The Police organization for the City shall consist 
 of the Mayor, the City Marshal, the Assistant Chief of Po¬ 
 lice, and as many Policemen as the Board of Aldermen 
 shall from time to time determine. 
 
 Sec. 2. The Mayor shall have the general control and su¬ 
 pervision of the Police Department, and may at any time 
 discharge any member of the police force, except the City 
 Marshal and the Assistant Chief; subject, however, to an 
 ^appeal from his decision to the Board of Aldermen. 
 
 Sec. 3. The City Marshal shall be elected at the first regular 
 meeting in Ma}^ of each year. He shall give bond paya¬ 
 ble to the City, in the sum of three thousand dollars, con¬ 
 ditioned for the faithful performance of his duties. He 
 shall be Chief of Police and shall superintend and reg¬ 
 ulate the Department. He shall make out and present 
 to the Board of Aldermen monthly, at their regular meet¬ 
 ing, a pay roll of all the salaried officers of the City. He 
 shall keep a Record Book and enter therein all violations 
 of City ordinances and Police regulations, and by whom 
 committed, and he shall transfer from said Record Book 
 
86 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 to the Mayor’s Trial Docket all cases requiring judgment.. 
 He shall report to the Mayor each day, at an hour to be 
 designated by the Mayor, with the Trial Docket fully- 
 prepared. The Record Book shall alwa} 7 s be subject to- 
 the inspection of the Mayor and of any member of the. 
 Board of Aldermen. It shall be the duty of the City 
 Marshal to collect all the taxes not embraced in the list¬ 
 ed taxes, and all fines and costs imposed by the Mayor,, 
 and upon all his collections he shall receive five per cent.. 
 commission. He shall pay over to the Treasurer each 
 week the amount received by him, accompanied with a 
 sworn statement as provided in Chap XIII. He shall fur¬ 
 ther perform all the duties imposed upon him in these or¬ 
 dinances and which may hereafter be imposed by the 
 Board. His rate of compensation shall be fixed by the 
 Board. 
 
 Sec. 4. The Assistant Chief of Police shall be elected at 
 the first regular meeting in May of each year or as soon 
 thereafter as the Board may determine. He shall be Clerk of 
 the Market as provided in Chapter VII of the Ordinances 
 and shall give the bond and perform all the duties there^ 
 in required. He shall also assist the City Marshal in the 
 discharge of his various duties, and perform such other 
 services as the Board may from time to time require, and 
 his rate of compensation shall be determined by the 
 Board. 
 
 Sec. 5. The Policemen shall be elected for the term of six 
 months, subject to removal as provided in section 2. It 
 shall be their duty to suppress all disturbances of the 
 quiet and good order of the City, and to arrest all of¬ 
 fenders against the same; to prevent, as far possible, all 
 injury to the City property and buildings, and the streets 
 and sidewalks, and to report to the Mayor any repairs 
 needed ; to ascertain if spirituous or malt liquors are re¬ 
 tailed by any person in the City other than those recom¬ 
 mended and licensed, and report all such persons so re¬ 
 tailing to the mayor. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 87 
 
 Sec. 6 . The Policemen shall have authority, if resisted in 
 the execution of their official duties, to summon a suffi¬ 
 cient number of men to aid them in enforcing the law ; 
 and if any persons so summoned shall refuse to assist, the 
 Policeman is hereby directed to report the names of such 
 persons to the Mayor, who is directed to proceed against 
 them as the law directs. 
 
 Sec. 7. The City Policemen shall have power to enter the 
 enclosure and house of any person, without warrant, when 
 they have good reason to believe any of the laws of the 
 State or ordinances of the City are violated, for the ap_ 
 prehension of any person so offending; and, if necessary^ 
 to summon a posse to aid them, and all persons so sum¬ 
 moned shall have like authority. 
 
 Sec. 8. Upon the occurrence of a fire the Policemen shall 
 give instant alarm by ringing the bells of the City, and 
 shall be present at every fire to preserve order and pro- 
 tect property, under the direction of Mayor. They shall 
 not enter any house or yard except in pursuit of a fugi¬ 
 tive or to suppress disorder. No Policemen shall partici¬ 
 pate in any political or other 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 will subject 
 the offender to immediate discharge. They shall secure 
 in Jail or in the Guard House all persons who shall make 
 a disorderly noise in any street or elsewhere in the City* 
 or who shall in any other way disturb the good order of 
 the City, or violate the ordinances of the City or the laws 
 of the State. Any person confined in the Guard House 
 by day or night, as directed in this or other chapters, 
 may be released upon paying two dollars and cost of war¬ 
 rant, unless he has committed an offence subjecting him 
 to a higher penalty. 
 
 Sec. 9. Any person who shall assault, oppose or resistor 
 in any manner abuse or insult any officer of the City ©r 
 
88 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 member of the Police, while in the discharge of any duty, 
 shall forfeit twenty-five dollars, or suffer imprisonment 
 not to exceed one month. 
 
 Sec. 10. When any member of the Police shall be unable, 
 from sickness or other unavoidable cause, to perform his 
 duty, he shall notify the Mayor, who is hereby authorized 
 to employ a substitute for the particular occasion; the ex¬ 
 penses of the said substitute to be deducted from any 
 amount due the said Policeman. 
 
 Sec. 11. On Sundays and other days, when in the 
 Mayor’s judgment it may be necessary, the Mayor shall 
 be authorized to appoint and commission special Police¬ 
 men to take charge of Oak wood and other cemeteries of 
 the City, also of the Capitol and other public squares and 
 lots, the various Churches and other places of public 
 gathering : Provided , The City shall not be liable to any 
 expense on this account, and the Mayor shall be author¬ 
 ized to withdraw any authority granted under this or¬ 
 dinance, and to appoint other officers whenever he may 
 deem it expedient. 
 
 Sec. 12. The City Marshal shall be required to make 
 on Tuesday of each week, returns on oath, before an offi¬ 
 cer qualified to administer an oath, of all taxes, fines, 
 forfeitures and collections of every kind, which have 
 been, or ought to have been, received by him, by virtue 
 of his office, for the preceding week, not previously re¬ 
 turned. Said statement shall be filed with the Clerk of 
 the Board of Aldermen, who shall report the same to the 
 Board at their first meeting held thereafter; and the said 
 City Marshal shall pay to the Treasurer of the Board, for 
 the use of the City, weekly, the amount owing by him. 
 
 Sec. 13. There shall be no distinction between the day 
 and night Police. The Police force shall be divided into 
 three reliefs, and each relief shall be on duty for eight 
 hours consecutively. One relief shall always be on duty 
 at the Guard House as a reserve, unless absent on other 
 duty. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 89 
 
 Sec. 14. The officer in charge of the reserve relief 
 shall habitually remain at the Guard House. When 
 necessary he shall give the fire alarm. He shall have 
 •charge of all prisoners and shall make the proper detail 
 from the reserve to guard the prisoners who may be at 
 work on the streets. Each relief shall be transferred 
 weekly in regular rotation. 
 
 Sec. 15. The officer in charge of each relief shall have 
 direct control of it and shall be responsible for any der¬ 
 eliction of duty on the part of any member thereof, un¬ 
 less he report the same to the Mayor or City Marshal. It 
 shall be his duty to visit every member of his relief at 
 least once during the time they may be on post. He 
 shall report to the City Marshal daily at 9 a. m., or at 
 such hour as the Mayor may designate. 
 
 Sec. 16. No Policeman shall leave the division in 
 which he may be posted without the consent of the offi¬ 
 cer in charge, unless in pursuit of a criminal. Any Po¬ 
 liceman who shall be found sitting down on his post 
 shall be fined one dollar for each offence, which shall be 
 deducted from his monthly pay, unless he shall render a 
 satisfactory excuse. He shall not stop, nor loiter nor 
 talk with any person except in the discharge of his duty. 
 
 Sec. 17. If any Policeman shall fail to light or extin¬ 
 guish the street lamps at the proper time in the division 
 in which he may be posted, he shall be fined fifty cents 
 for each lamp so neglected, to be deducted as provided in 
 the preceding section. 
 
 Sec. 18. The City Marshal is responsible for the execu¬ 
 tion of the above regulations, and he is hereby author¬ 
 ized and instructed to make such arrangements as may 
 be necessary to carry them out. 
 
 Sec. 19. The uniform of each member of the Police 
 force shall be as follows: 
 
 Blue Police cap, with the number of the wearer on the 
 band, just above the vizor. 
 
90 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 Blue frock coat, long, double-breasted, with brass Po¬ 
 lice buttons. 
 
 Blue pants. Leather belt, with baton suspended on 
 left side. 
 
 Sec. 20. Each Policeman shall habitually present him¬ 
 self at the proper hour at the Guard House, dressed 
 neatly, with shoes blacked and hair trimmed. 
 
 Sec. 21. Each Policeman shall, when required, wear a 
 repeating pistol loaded in his holster. Any Policeman 
 who shall fail to keep his pistol in good order shall be 
 lined fifty cents, to be deducted fiom his monthly pay. 
 
 Sec. 22. Whenever in the opinion of the Mayor it 
 shall be necessary to employ a secret detective, the May¬ 
 or shall have power to do so; Provided , That no greater 
 expense than one hundred dollars shall be incurred with¬ 
 out a vote of the Board of Aldermen. 
 
 CHAPTER XII. 
 
 TAXATION, LICENSES, &C. 
 
 Section. 
 
 1. Retailers of liquors to apply for 
 
 license. 
 
 2. Selling on Sunday inviolates li¬ 
 
 cense. 
 
 5. Penalty for selling without li¬ 
 
 cense. 
 
 4. Penalty for selling on Sunday, 
 a. All licences to expire in May. 
 
 6. Tax on retailers. 
 
 7. Persons desirous of keep res¬ 
 
 taurant, must apply in writu);. 
 
 Skction. 
 
 8. Tax on restaurants. 
 
 Tax on drays, &c. 
 
 in. Owners of drays, what tocharge. 
 
 11. License for dance or ball. 
 
 12. Property exempted from taxa¬ 
 tion. 
 
 13. 4ox on Circuses, Menageries, 
 etc. 
 
 14. Tax on exhibition of machine¬ 
 ry, etc. 
 
 Sec. 1. Every perso i desirous of obtaining a license to 
 retail spirituous or malt liquors, shall make application 
 in writing to the Board of Aldermen, specifying the 
 place where the retailing is to be done; and the license, 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 91 
 
 if granted, shall be granted to retail at that place, and no 
 other: Provided, however , That he may change his place 
 of retailing by permission of the Board. 
 
 Sec. 2. Every license issued to retail spirituous or malt 
 liquors shall contain an express condition that it shall be 
 void in case the person obtaining it shall sell any spirit¬ 
 uous liquors on Sunday. 
 
 Sec. 3. Every person, druggists excepted, who shall, m 
 the City, or within the limits thereof, sell any spiritous 
 liquors by a measure less than a quart, or any lager 
 beer, ale, porter or other malt liquors by a measure less 
 than a gallon, without first having obtained a license 
 from the Board of Aldermen and paid the license tax, 
 shall forfeit twenty dollars for every such act of selling. 
 
 Sec. 4. Every person, druggists excepted, whether 
 licensed or not, who shall sell any spirituous liquors in. 
 any quantity on Sunday, shall forfeit and pay twenty- 
 five dollars; and in addition thereto, may, on conviction 
 before the Mayor, he adjudged to have forfeited his 
 license. No druggist without license shall sell any spiritu¬ 
 ous or malt liquors by measure less than a quart, except 
 on prescription of a regular physician. 
 
 Sec. 5. All licenses hereafter issued shall be granted 
 only to the first Monday in May of each year, and all 
 subsequent applications shall he charged pro rata from 
 the first of the month in which such application is made 
 until the first Tuesday in the month of May next ensu¬ 
 ing. 
 
 Sec. 6 . A tax of one hundred dollars, payable in cash* 
 is hereby imposed on each person obtaining a recommen¬ 
 dation to the County Commissioners to retail spirituous 
 or malt liquors by the small measure for one year, and 
 the applicant shall pay that sum to the City Marshal be¬ 
 fore the recommendation shall be issued by the Clerk of 
 the Board. 
 
 Sec. 7. Every person desiring to open a victualing- 
 house or restaurant in the City, shall make application 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 m 
 
 &© the Board of Aldermen in writing; and the license 
 If granted, shall be issued by the Clerk of the Board, who 
 Is hereby directed to record, in his book, the name o 1 
 the applicant and the date of the license, also the name 
 of the applicant for retail license and the date of the retail 
 license. Any person who shall establish a restaurant or 
 eating house within the City without haying first paid 
 the license tax to the City Marshal, shall forfeit twenty- 
 five dollars for each offence. 
 
 Sec. 8. A tax of not less than twenty-five nor more 
 than fifty dollars, is hereby imposed upon each person 
 licensed to keep a restaurant for one year. 
 
 Sec. 9. No person shall run a public wagon or dray in 
 the City for hire, without first paying the taxes required 
 hy law and procuring a license from the City Clerk, un¬ 
 der a penalty of five dollars for each and every violation. 
 The City Marshal shall have every public wagon or dray 
 in the City numbered. 
 
 Sec. 10. If the owner of a one-horse dray or wagon 
 shall charge or receive more than twenty-five cents for 
 carrying one load to any part of the City, he shall for¬ 
 feit five dollars. If the owner of a two-horse dray or 
 wagon shall charge or receive more than fifty cents for 
 carrying a load to any part of the City, he shall forfeit 
 tern dollars, one-half of the sum in each case to be paid to 
 the informer, if not an officer of the City. 
 
 Sec. 11. That every person desirous of giving any ball, 
 dance or musical entertainment, except for charitable or 
 religious purposes, at which there is charged an entrance 
 fee, shall apply to the City Marshal for license to hold 
 ihe same, and shall pay for such license the sum of ten 
 dollars. 
 
 Sec. 12. No property in the City liable to taxation 
 shall be exempt, except churches, parsonages, and free 
 school houses. 
 
 Sec. 13. Every Circus Company shall pay a tax of fif¬ 
 teen dollars for each exhibition: every Menagerie shall 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 
 pay ten dollars for each exhibition; every Circus Com¬ 
 pany and Menagerie combined shall pay twenty-five 
 dollars for each exhibition, and every Side-Show of what¬ 
 ever description connected with a Circus or Menagerie^ 
 shall pay five dollars for each exhibition. Every Theatri¬ 
 cal Company and every Company giving giving Con¬ 
 certs for reward shall pay five dollars for one perform¬ 
 ance ; for tw T o performances, eight dollars; for three, ten 
 dollars; for four, twelve dollars; for more than four* fiT 
 teen dollars. Every other show for reward (models of 
 useful inventions and shows for benevolent purposes ex¬ 
 cepted) shall pay five dollars for each exhibition. If these 
 taxes shall not be paid before exhibition, they shall 
 be doubled. Organ Grinders and Street Musicians, non¬ 
 residents of the county of Wake, shall pay twenty-five 
 dollars per annum. 
 
 Sec. 14. Every exhibitor of any machine and apparatus 
 designed for the public amusement, for the seeing or using 
 of which compensation shall be charged, not specially- 
 mentioned in some othor ordinance, shall pay ten dollars 
 each six months or part thereof the same shall be on ex¬ 
 hibition : Provided , That this ordinance shall not apply 
 to exhibitions strictly scientific, nor to those where the en¬ 
 tire proceeds shall be devoted to charitable or education¬ 
 al purposes. 
 
 Sec. 15. The license tax for offering for sale goods by* 
 sample, or otherwise peddling within the limits of the 
 City, shall be twenty dollars. Any person peddling, by- 
 sample or otherwise, without license, shall pay a fine of 
 fifty dollars. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 m 
 
 CHAPTER XIII. 
 
 'CLERK AND TAX-COLLECTOR, AND MISCELLANEOUS PROVI¬ 
 SIONS RESPECTING OFFICERS. 
 
 Section. 
 
 Fee for license. 
 
 2. Fee for collecting tax, &c., 
 
 3. To keep room, to have office- 
 
 hours <fcc. 
 
 Section. 
 
 4. Form of tax receipt. 
 
 5. Form of Treasurers receipt. 
 
 6 Officers to pay taxes to the Treas¬ 
 urer week. 
 
 Sec. 1. The Clerk of the Board of Aldermen shall be en¬ 
 titled to demand and receive a fee of one dollar for each 
 auctioneer’s license, for each retail license, and for any 
 other license he may be authorized to issue, to be paid by 
 the applicant upon delivery of the license. 
 
 Sec. 2. The Tax Collector shall be allowed the amount 
 prescribed in the Charter, and the Clerk of the Board the 
 sum of five dollars per annum, and the same person shall 
 %e chosen for both offices. 
 
 Sec. 3. The Clerk of the Board and Tax Collector shall 
 liave a room in the market building for the transaction 
 oi business. He shall have daily office hours, not less 
 than four each day, during which he shall attend to the 
 collection of taxes and other moneys due the City, and 
 perform all other duteis prescribed for the Clerk of the 
 Board of Aldermen. The bond of this officer, for the 
 faithful performance of his duties shall be fixed at twen¬ 
 ty thousand dollars. 
 
 Sec. 4. When the Tax Collector shall give a receipt 
 for taxes paid, he shall endorse thereon, the amount of 
 said taxes which was paid in cash, and the amount which 
 was paid in City scrip, which endorsement he shall also 
 make on the stubs of the receipt. 
 
 Sec. 5. The City Treasurer shall state in each and every 
 receipt he may give to the Tax Collector in what manner 
 the amount was paid, whether in cash or in scrip, and he 
 shall keep an account of such receipts open to the inspec¬ 
 tion of the Board whenever called. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 95 
 
 Sec. 6. The City Marshal, Clerk, or other person re¬ 
 ceiving money belonging to the City (except taxes) shall 
 pay over the same to the Treasurer on Tuesday of every 
 week, and shall accompany such payment with a sworn 
 statement showing from where and on what account the 
 same was received, whether it was paid in cash or scrip, 
 and the date of its receipt. 
 
 Sec. 7. All officers of the City having any of the prop¬ 
 erty of the City in their charge, shall report an inventory 
 of the same on the first day of November and May of 
 each year. 
 
 CHAPTER XIV. 
 
 THE AUDITOR AND HIS DUTIES. 
 
 Section. 
 
 1. Election and bond 
 
 2. Duty to audit orders. 
 
 Section. 
 
 3. Duty to audit receipts. 
 
 4. Reports and other duties. 
 
 Sec. 1. There shall be annually elected onjthe first meet¬ 
 ing in May, or as soon thereafter as the Board of Aldermen 
 shall determine, an Auditor of the City, wffio may or may 
 not be a member of the Board. His salary shall not ex¬ 
 ceed two hundred dollars, and he shall give bond pay¬ 
 able to the City in the sum of one thousand dollars for 
 the faithful performance of his duties. 
 
 Sec. 2. It shall be the duty of the Auditor of the 
 City to audit all orders on the Treasurer issued by the 
 Clerk of the Board, and to enter on a book prepared for 
 the purpose all orders so issued, with the Auditor’s date 
 and number; and also the date and number of the Clerk, 
 the amount of the order, t© whom payable and on what 
 account. 
 
 Sec. 3. It shall also be the duty of the Auditor to en¬ 
 ter on a book, prepared for the purpose, duplicates of alL 
 
96 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 receipts given by the Treasurer of the City, with the num¬ 
 ber and amount of the receipt, the party paying the 
 money into the Treasury, and from what source the 
 money has been derived, with the date of the receipt by 
 the Auditor. 
 
 Sec. 4. It shall be his duty to report to the Board 
 each month all duplicates of receipts given by the Treas¬ 
 urer, with the party by whom the money has been paid 
 to the Treasurer, the amount of each receipt and the 
 source from which the moneys paid has been derived* 
 also to report all orders issued by the Clerk, to whom 
 payable, on what account and the amounts. The Audi¬ 
 tor shall further perform such duties as the Board may 
 hereafter impose upon him. 
 
 CHAPTER XV. 
 
 THE CEMETERIES. 
 
 Section. 
 
 1. The Cemeteries. 
 
 2. Sexton to be appointed. 
 
 3. Sexton to dig all graves. 
 
 4 . Sexton’s duty to see ordinances 
 
 enforced. 
 
 5. Sexton to keep cemetery in or¬ 
 
 der. 
 
 6. Sexton’s duty to keep a book of 
 
 record. 
 
 7. All graves, how dug. 
 
 8. Fees allowed. 
 
 9. No person to dig a grave but the 
 
 Sexton, except on private burial 
 lots. 
 
 10. No person to dig a grave on pri¬ 
 vate lot except under direction 
 of owner. 
 
 11. No person to remove stakes. 
 
 12. No person to cut or injure any 
 tree, shrub, or plant, &c. 
 
 13. No person to discharge fiiearms 
 
 Section* 
 
 in the cemetery. 
 
 14. No person to ride or drive in the 
 cemetery faster than a walk. 
 
 15. No person to deposit filth, &e. 
 
 16. No person to excavate or remove 
 earth. 
 
 17. Cemetery not to be used as a 
 play ground. 
 
 18. Duty of City Marshal to lay off 
 lots. 
 
 19. No person to purchase more 
 than 300 square feet. 
 
 20. City Marshal to issued certifi¬ 
 cate. 
 
 21. Duty of Marshal to collect 
 money. 
 
 22. City Marshal to be present at 
 laying off of graves. 
 
 23. Poli «e powers given to the Sex¬ 
 tons and their assistants. 
 
 Sec. 1. The City Graveyard, between Hargett and 
 Newbern Streets, east of East street, hereafter shall be 
 
KMIDI NANCES OF THE CITY OF RALEIGH. 07 
 
 rased exclusively for the burial of white persons, and the 
 Colored Cemetery on the Fayetteville Road, shall be 
 used exclusively for the burial of colored persons. 
 
 Sec. 2. There shall be appointed at the regular De¬ 
 cember meeting of the Board, in each and every year 
 hereafter, a Sexton to take charge of the City Cemetery, 
 and a Sexton to take charge of the Colored Cemetery. 
 
 Sec. 3. Each Sexton shall have the digging of all the 
 graves in his cemetery, at such prices as are hereinafter 
 established, as a part of his compensation. 
 
 Sec. 4. It shall be the duty of the Sextons to see that 
 all the laws concerning the cemeteries are duly observed 
 and enforced, and in case of infraction to report the same 
 to the Mayor. 
 
 Sec. 5. They shall keep their respective cemeteries in 
 a neat and clean condition, performing all work which 
 they 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 the further allowance of one hundred dol¬ 
 lars a year each, out of the City Treasury. 
 
 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 are recorded, 
 keeping a distinction between whites and blacks, and 
 also defining, as near as possible, the spot where each 
 body is buried; and each Sexton shall make a report 
 thereof to the Board of Aldermen at their first regular 
 meeting in June and December in each and every year. 
 
 Sec. 7. All graves shall be at least five feet in depth, 
 and be sunk due east and west. 
 
 Sec. 8. The following fees shall be allowed the Sex¬ 
 ton, viz: For digging a plain grave and filling up the 
 •same, two dollars; children not over ten years, one dol¬ 
 lars and fifty cents ; for digging box grave and filling up 
 the same, three dollars ; children not over ten years, two- 
 '-dollars; vault grave, four dollars ; working on private 
 
98 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 lots in cemetery, to be paid by the owner, twenty-five 
 cents an hour or two dollars per day. 
 
 Sec. 9. No person other than the regularly appointed 
 Sexton, shall dig any grave, or dig up any sod in tin- 
 cemetery, except on lots which have been purchased for 
 private burial lots, under a penalty of twenty dollars. 
 
 Sec. 10. No person shall dig any grave, put any fence, 
 gravestone or board, or make any erections, or dig up 
 any sod on any private burial lot, except under the di¬ 
 rection or by consent of the owner thereof, under a pen¬ 
 alty of twenty dollars for each offence. 
 
 Sec. 11. No person shall remove the stakes from a 
 burial lot, nor any board, grave-stone or other monu¬ 
 ment which may have been erected at any grave, nor de¬ 
 face, injure or desecrate any such board, grave-stone or 
 other monument in any manner, under a penalty of 
 twenty dollars for each offence. 
 
 Sec. 12. No person shall cut, break or in any other 
 manner injure or destroy any tree, shrub or plant, or 
 wantonly injure or destroy any flower, either wild or cul¬ 
 tivated, in the cemeteries, under a penalty of twenty dol¬ 
 lars. 
 
 Sec. 13. No person shall discharge fire-arms in either 
 cemetery under a penalty of twenty dollars. 
 
 Sec. 14. No person shall drive, ride or lead any horse 
 or vehicle in the cemeteries faster than a walk, under a 
 penalty of ten dollars. 
 
 Sec. 15. No person shall deposit, or cause to be depos¬ 
 ited, any filth or unclean or offensive substance in either 
 cemetery, under a penalty of twenty dollars. 
 
 Sec. 16. No person shall excavate any earth in either 
 cemetery, or remove the same therefrom, excepting by 
 t he consent or under the direction of the Hoard of Aider- 
 men, or of the Sexton, or of some other officer legally au¬ 
 thorized by the said Aldermen, under a penalty of twen¬ 
 ty dollars for each offence. 
 
ORDINANCES OF THE CITY OF IIALEIGII. 9$ 
 
 Sec. 17. It shall be unlawful for persons, large or 
 small, to use the cemeteries as a play ground, and it sha'U 
 be the duty of the Sextons to prevent such use. If, after 
 being ordered to desist by the Sexton, they should still 
 persist, it shall be his duty to carry them before the 
 Mayor, who shall impose a penalty of twenty dollars. 
 
 Sec, 18. All persons desiring to purchase lots in the 
 cemeteries must apply to the City Marshal, whose duty 
 it shall be to lay off said lot and require an immediate 
 cash payment of four cents per square foot laid off for such 
 private use, if for a city resident, and fifteen cents per 
 square foot for the use of a non-resident: Provided , No 
 more lots shall be sold in the City Cemetery. The lots 
 in the Colored Cemetery shall be sold at three cents per 
 square foot. 
 
 Sec. 19. No one person shall set apart for his own 
 family use more than three hundred square feet in either 
 cemetery. 
 
 Sec. 20. On the payment of the sum above required 
 the City Marshal shall issue a certificate to the purchaser 
 of said lot, specifying the lot and price thereof. Upon the 
 presentation of the said certificate the Mayor shall make 
 out 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. It shall be the duty of the City Marshal to 
 collect all moneys due for burial lots and graves in the 
 cemeteries, and pay the same over to the City Treasurer.. 
 
 Sec. 22. The City Marshal must be present at laying 
 off of all graves; he shall be allowed twenty-five cents for 
 each and every grave of persons non-residents of the City, 
 and live per cent, on all such collections made. 
 
 Sec. 23. The Sextons of the City and Colored Cemete¬ 
 ries and the Sexton of Oak wood Cemetery shall have 
 within their respecti ve cemeteries, the power and author- 
 
100 
 
 ORDINANCES OF TIIE CITY OF K A LEIGH. 
 
 ty of Policemen, and may arrest any person for any vio¬ 
 lation of the Ordinances of the City or of the regulations 
 of their respective cemeteries. The same authority shall 
 be exercised by their legally appointed assistants. 
 
 CHAPTER XVI. 
 
 PAYMENT 01-' MONEY OUT OF THE TREASURY. 
 
 Section. Section. 
 
 J. No money to be paid out unless Clerk to keep duplicate of war- 
 fa y order of the Board. rants. 
 
 -. Warrant testate nature of claim. 4 . Nodebt to be contracted without 
 
 an order from the Mayor. 
 
 Sec . 1 . No money shall be paid out of the City Treas¬ 
 urer, unless by order of the Board of Aldermen in meet¬ 
 ing assembled, and then only upon a warrant signed by 
 the Clerk of the Board, and countersigned 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 du¬ 
 plicate of every such warrant issued. 
 
 Sec. 4. No debt created by any City officer or employee 
 shall be paid or recognized by the Board, unless pro¬ 
 cured with an order signed by the Clerk, and counter¬ 
 signed by the Mavor. 
 
ORDINANCES OF THE CITY OF RARER.IT. 
 
 101 
 
 CHAPTER XVII. 
 
 AUCTIONEERS. 
 
 SliCTTOX. 
 
 1. Aldermen may appoint Auction¬ 
 
 eers. 
 
 2. To pay one percent, on amount 
 
 of sales monthly. 
 
 Section'. 
 
 3. Forfeit for selling without au¬ 
 thority. 
 
 y 
 
 Sec. 1. The Aldermen of the City of Raleigh may, in- 
 their discretion, appoint, whenever they may see lit du¬ 
 ring- each year, as many as five Auctioneers for the City, 
 each of whom shall execute bond, to be approved by the 
 Aldermen, payable to the State of North Carolina in like 
 manner, penalty and condition as is prescribed in Chap¬ 
 ter 8, of Battle’s Revisit, (Auctions and Auctioneers,) 
 which bond shall be returned by the Aldermen to the 
 Clerk of the Superior Court to be by him safely kept 
 [See Battle’s Revisal, Auctions and Auctioneers.] 
 
 Sec. 2. It shall be the duty of the City Collector to 
 call the first Monday in every month on the Auctioneers 
 of the City of Raleigh for one per cent, on the amount 
 of sales made by them, for the use of the City, as allow¬ 
 ed by act of Assembly. When received he shall pay the 
 same over to the City Treasurer, and take his receipt for 
 the same. 
 
 Sec. 3. If any person shall sell goods by auction in 
 the City without authority from the Aldermen, he shall 
 forfeit twenty-five dollars for every such offence, to be re¬ 
 covered by warrant before the Mayor. 
 
102 
 
 ORDINANCES OF THE CITY OF RALEIGH. 
 
 CHAPTER XX. 
 
 CONTAGIOUS AND INFECTIOUS DISEASES; BOARD OF 
 HEALTH. 
 
 L No person afflicted with a conta¬ 
 gious or infectious disease to be 
 brought into the City, except by 
 permission of the Mayor or Al¬ 
 dermen. 
 
 '2. Forfeiture for coming into the 
 City without permission. 
 
 Section. 
 
 3. Aldermen may remove persons 
 
 out of the City to Hospital 
 
 4. Mayor to approve prescriptions 
 
 for paupers. 
 
 ">. Board of Health. 
 
 Sec- 1 . No person, without first obtaining for that pur¬ 
 pose the permission of the Mayor or the Board of Aider- 
 men, shall knowingly bring, or allow to be brought, or 
 shall connive at the bringing into the City, any person, 
 in his or her emp’oyment, or under his or her manage¬ 
 ment or control, afflicted with small pox or other mortal 
 disease of a contagious or infectious kind ; and every per¬ 
 son offending against this ordinance shall forfeit and pay 
 twenty-five dollars and all expenses and charges incurred 
 by the corporation on account of such afflicted person so 
 brought into the City. 
 
 Bec. 2. If any such afflicted person shall come into the 
 City, without permission as aforesaid, lie shall, for every 
 such offence, forfeit twenty-five dollars. 
 
 Sec. o. The Board of Aldermen shall have power to 
 remove from the corporate limits of the City, to the City 
 Hospital, or to any other place without the limits, any 
 person who may be afflicted with small pox or other mor¬ 
 tal disease of an infectious or contagious nature; and it 
 shall be their duty to do so whenever, in the judgment 
 of the Board, such removal may he necessary to prevent 
 the further spread of the disease. Any person attempt¬ 
 ing, by threats or force, to prevent the removal to the 
 hospital of any person ordered to be removed thither, 
 shall forfeit twenty-five dollars. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 108 
 
 Sec. 4. All applications for medicine made by the poor 
 of the City shall be made to the Mayor, and he shall 
 countersign the prescriptions and keep a suitable book 
 wherein the names of all such applicants shall be re¬ 
 corded. 
 
 Sec. 5. The Medical Faculty of the City shall be ap¬ 
 pointed a Board of Health, and they are hereby so con¬ 
 stituted, and they are respectfully requested, each one for 
 himself, to communicate to the Mayor, in writing, on the 
 first day of each month, the number of deaths occurring 
 in his practice in the limit of the City, within the month 
 preceding, and the diseases of which the different pa¬ 
 tients died. 
 
 CHAPTER XXI. 
 
 COMMISSIONER OF SINKING FUND. 
 
 -Section. 
 
 1. Commissioner to give bond, with 
 
 sureties, penalty to be, from 
 time to time, increased. 
 
 2. Commissioner to call on Treas¬ 
 
 urer for statement of special tax. 
 Treasurer to pay to him excess ! 
 over $4,000.00, &c. 
 
 -3. City Collector to pay excess over i 
 $4,000.00 of special tax to Com- j 
 missioner. 
 
 4. Commissioner to advertise for | 
 proposals for sale of bonds is- j 
 sued under Act of March 30th, 
 1869, when. 
 
 Section. 
 
 5. If none of said bonds can be pur¬ 
 
 chased at par value or less, oth¬ 
 er bonds of the City may be in 
 like manner purchased. 
 
 6. If no bonds of the City can be 
 
 so purchased, Commmissioner 
 may purchase bonds of the Uni¬ 
 ted States. 
 
 7. Commissioner to report, annual¬ 
 
 ly, in the month of May, condi¬ 
 tion of Fund. 
 
 8. Commissioner may be removed: 
 
 upon failure to give bond, office 
 to be vacant. 
 
 Sec. 1 . The Commissioner of the Sinking Fund shall 
 •give bond, payable to the City of Raleigh, in the penal 
 sum of ten thousand dollars, with at least two sureties, 
 to be approved by the Board. The sureties shall make 
 oath that they are worth, in real and personal property, 
 
104 
 
 ORDINANCES OF TIIE CITY OF RALEIGH. 
 
 ^>ver and above liabilities and exemptions allowed by 
 law, at least the amount of the penalty of the bond. The 
 bond shall be annually renewed during the month of 
 May, and the penalty shall be, from time to time, in¬ 
 creased according to the probable amount of the funds to- 
 be in the hands of the Commissioner during the succeed¬ 
 ing year. 
 
 Sec. 2. It shall be the duty of the Commissioner of the 
 Sinking Fund to call on the Treasurer of the City for a. 
 statement of the special taxes collected for the purpose of 
 paying the principal and interest of the bonds issued un¬ 
 der an act “to enable the City of Raleigh to borrow money 
 for certain purposes,” ratified March 30th, 1860, and the 
 Treasurer shall pay to him the excess over $4,000, being 
 the amount needed to pay interest on said bonds "which 
 fell due in 1871 : Provided , That if there shall be a de- 
 lienc}^ in the Treasury, the Treasurer shall deliver to the 
 Commissioner an obligation signed by him, pledging the 
 City to pay said amount on or before the 1st da} r of Octo¬ 
 ber, 1873 and 1874, in equal installments, with interest 
 from the 1st day of April, 1872, at the rate of eight per 
 cent, per annum, payable semi-annually. 
 
 Sec. 3. The City Collector shall, after the year 1871,- 
 pay the whole of said, special taxes .to the said Commis¬ 
 sioner, who shall give receipts for said payments, and pay 
 the interest on the bonds issued under said act at the time 
 said interest becomes due. And it shall be the duty of 
 said Commissioner to demand said special tax from time 
 to time from the Collector, and if not paid, to report the 
 tact to the Board. 
 
 Sec. 4. The said Commissioner shall, from time to 
 time, when he shall have sufficient money in his hands, 
 advertise for ten days in the daily newspapers for sealed 
 proposals for the sale of bonds of the City issued under 
 said act. Bids shall be opened in the presence of the 
 Mayor and Treasurer, and such bids, not exceeding par,. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 10." 
 
 ;is are most advantageous for the City shall be accepted . 
 hut said officers, if deemed best, may refuse to accept any 
 bids made, and advertise for additional proposals. Bonds 
 of the City so purchased shall be cancelled by them. 
 
 Sec. 5. If, after reasonable diligence, none of said bonds 
 can be purchased at their par value, or less, then the Com¬ 
 missioner shall in like manner purchase any other bonds 
 of the City which shall be cancelled,and registered certifi¬ 
 cates, signed by the Treasurer, payable to said Commis¬ 
 sioner, issued in exchange, principal and interest payable 
 at the same time and place. 
 
 Sec. G. If no bonds of the City can be bought at par 
 or less, then the Commissioner shall purchase bonds of 
 the United States, which, if unregistered, shall be forth¬ 
 with registered in the name of said Commissioner, who 
 shall collect the interest regularly and re-invest the same 
 as required by this ordinance in other bonds. 
 
 Sec. 7. The said Commissioner shall make a report to 
 the Board annually, at their meeting in the month oi 
 May, of the condition of the Fund andjofhis action since 
 the last report. He shall likewise recommend to the 
 Board, for their consideration, a scheme of taxation for 
 carrying into effect the provisions of the above-men¬ 
 tioned act of the General Assembly. 
 
 Sec. 8 . The Commissioner may be removed from office, 
 at any time, for misbehavior or neglect in office; and if 
 he shall fail to give the bond required by the Board, his 
 office shall, ipso facto, be vacant. 
 
ORDINANCES OF THE CITY OF BAD ETCH. 
 
 .) Of) 
 
 CHAPTER XXII. 
 
 BONDS. 
 
 I. Owner of bonds may have the 
 same made payable to himself, 
 and not to bearer. 
 
 Section. 
 
 3. Coupon bonds may be altered in¬ 
 to registered bonds. 
 
 2. How alteration to be made. 
 
 Sec. 1. Any bona, fide holder and owner in his or her 
 own right, or as trustee for another of any coupon bonds 
 already issued by the City of Raleigh and made payable 
 to bearer, may be allowed to have such bond so altered 
 as to be payable to himself or herself by name, and the 
 word “bearer” expunged. 
 
 Sec. 1. Such alteration shall be made by the 
 Treasurer of the City of such bond already issued 
 or hereafter to be issued by the City, and he shall note 
 the alteration on the same page of the registry of bonds, 
 on which the bond thus altered shall be registered or re¬ 
 corded. 
 
 Sec. o. On tlie surrender of any of said coupon bonds,, 
 the Treasurer shall, if requested, issue a consolidated 
 bond for the total amount ©f the bonds so surrendered, 
 payable to the owner or to his order, bearing the same 
 rate of interest payable at the same time. The surren¬ 
 dered bonds shall be cancelled by the Treasurer, in pres¬ 
 cribe of the Mayor, and the Treasurer shall report his action 
 'O the Board at the next meeting. 
 
ORDINANCES OF THE CITY OF RALEIGH. 
 
 107 
 
 CHAPTER XXIII. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section, 
 
 1. City Attorney. 
 
 •J. Resignations to lie over 
 
 I Section, 
 
 next meeting. 
 
 until I 3. Repealing section. 
 
 Sec. 1. The Board of Aldermen may* at their first reg¬ 
 ular meeting in May, or at any time during the year, 
 elect a City Attorney, who shall hold his office for one year. 
 It shall be his duty to act as the legal adviser of the Board 
 of Aldermen and the officers of the City, to represent the 
 City in all actions brought by or against it, and to per¬ 
 form such other duties as the Board of Aldermen shall 
 from time to time impose upon him. His rate of compen¬ 
 sation shall be determined by the Board. 
 
 Sec. 2. No member of the Board of Aldermen shall be 
 allowed to tender resignation of his office except in 
 writing, and the matter shall lie on the table of course 
 until the next regular meeting. 
 
 Sec. 3. All ordinances heretofore passed for the govern¬ 
 ment of the City of Raleigh, which are repugnant to the 
 provisions of the ordinances above set out, are hereby re¬ 
 pealed, but no offence committed and no penalties in¬ 
 curred under any ordinance hereby repealed shall be af¬ 
 fected by the repeal. 
 
APPENDIX. 
 
 1 desired to give in the Appendix ail the resolutions 
 and ordinances relating to the issue of bonds ; but find¬ 
 ing that many bonds were issued in renewal of bonds 
 previously issued, and that the amount of the issue was 
 not always definite, I have conclued that such publica¬ 
 tion will be superfluous. The Appendix therefore con¬ 
 tains only a summary of, and reference to the resolutions 
 and ordinances upon the subject. F. H. B. 
 
 3. January 7th, 1860. Idfty thousand dollars (§50,000)- 
 of bonds, authorized by sections 105, 106,107 and 108 of 
 the Charter, known as “Market TFousc Bonds,” ordered 
 to be issued. 
 
 2. June 16th, 1871. Thirty thousand dollars ($30,000) 
 of bonds authorized to be issued s and sold to pay the 
 “floating debt.” Records, pages 44, 45, 46, 47. 
 
 3. March 27th, 1872. Five thousand dollars ($5,000) of 
 bonds issued to pay necessary expenses. Records, page 133. 
 
 4. June 11th, 1872. Fifteen thousand dollars ($15,000) 
 of bonds to be issued in exchange for matured bonds and 
 City scrip. Records, page 174. 
 
 5. July loth, 1872. Treasurer ordered to sell eight 
 thousand dollars ($8,000) of the bonds authorized in the 
 preceding resolution (4). Record, page 170. 
 
 6. August 9th, 1872. Seven thousand dollars ($7,000) 
 •of bonds ordered to be issued in exchanged for old bonds. 
 Records, page 183. 
 
 7. September 30th. 1872. Ten thousand dollars ($10,- 
 000) of three years bonds ordered to be issued, $2,000 to 
 pay for stock in Oakwood Cemetery, and $8,000 at not 
 less than ninety cents in the dollar, in exchange for bonds 
 of Mr. Purefoy. Records, page 194. 
 
110 
 
 APPENDIX. 
 
 8. January 6th, 1873. Six thousand dollars ($6,000) 
 in three years bonds authorized to be issued. Records, 
 page 215. 
 
 9. June 4th, 1873. Five hundred dollars ($500) in 
 bonds ordered. Records, page 246. 
 
 10. June 19th, 1873. Eight per cent, three year bonds, 
 
 • for the purpose of taking up City scrip and the renewal 
 of past due bonds”—amount left indefinite. Records, 
 page 253. 
 
 11. August 13th, 1874. Eight per cent, bonds sufficient 
 to fund the City debt authorized to be issued. Records, 
 page 252. 
 
 LI. FAIR GROUNDS. 
 
 Resolutions to the following effect have been passed by 
 the City authorities in reference to the grounds occupied 
 by the North Carolina State Agricultural Society : 
 
 1. February 27th, 1869. Land in the eastern part of 
 Hie Cit} T ceded to the North Carolina State Agricultural 
 Society. Old Records. 
 
 2. April 28th, I860. Deed ordered to be made to the 
 North Carolina Agricultural Society. Old Records. 
 
 3. January 29th, 1873. Deed to the “old Fair Grounds” 
 ordered to be made to the North Carolina State Agricul¬ 
 tural Society ; Provided , a deed to the new grounds should 
 be made to the City. Records, page 216. 
 
 4. August 27th, 1873. Foregoing deed declared valid 
 and sufficient, with the proviso that the North Carolina 
 state Agricultural Society shall not mortgage the new 
 grounds to a greater extent than ten thousand dollars. 
 Records, page 266. 
 
 5. April 25th, 1874. Rower given to mortgage for ten 
 thousand dollars more, or to issue bonds secured by mort¬ 
 gage for twenty thousand dollars in all. Records, page 
 
APPENDIX. 
 
 11 I 
 
 0. January 14th, 1870. Power given to the North 
 Carolina State Agricultural Society to increase its mort¬ 
 gage to thirty-five thousand dollars. 
 
 \ 
 
 / 
 
INDEX TO CHARTER, 
 
 ALDERMEN: Page. 
 
 Number, and election of,. 10 
 
 To succeed Board of Commissioners,. 13 
 
 How, and when they shall qualify,. 13 
 
 To elect Mayor,. 14 
 
 Oath of, and term of office,... 14 
 
 Vacancy in Board of, how filled,. 14 
 
 Penalty for refusing to qualify,. 14 
 
 Meetings of Board,..... 16 
 
 Powers and duties,. 16 
 
 Fine for failure to attend meetings.. 17 
 
 To make Ordinances and By-laws. 17 
 
 May borrow money, how,. . 17 
 
 To elect Clerk, Tax Collector, Treasurer and 
 
 Constable,. i8 
 
 To make out and publish transcript of receipts 
 
 and disbursements,. 18 
 
 Shall fund the City debt. 19 
 
 Powers of, in reference to Streets.•. 29 
 
 Powers of, in regard to Public Squares,. 31 
 
 May grant privilege to erect porches,. 31 
 
 Shall not be contractors,. 32 
 
 May abate nuisances. 32 
 
 May prevent dogs, hogs, etc., from running at 
 
 large,. 32 
 
 May prohibit fast driving, etc.,. 32 
 
 May establish Market,. 32 
 
 May establish and regulate buddings,. 32 
 
 May establish Grave Yards,. 33 
 
 May organize Fire Companies, . 33 
 
114 
 
 INDEX TO CHARTER. 
 
 Page. 
 
 Powers in regard to contagious diseases. 33 
 
 Powers in reference to sale of liquors. 34 
 
 Forbidden to use corporate money in certain 
 
 cases. 38 
 
 Power to borrow money. 38 
 
 Power to issue bonds, (Market House ) and 
 provide for payment. 40 
 
 APPEALS : ( See Mayor. ) 
 APPROPRIATIONS: ( See Misdemeanors.) 
 ASSESSMENT : ( See Taxes. ) 
 
 ASSESSORS: ( See Taxes and Real Estate. ) 
 
 AUCTIONEERS : 
 
 Duties; to render abstract. 21 
 
 Commissions of. 21 
 
 Penalty for violating act. 22 
 
 Penalty for acting as, without authority. 22 
 
 AUDITOR: 
 
 Election of, duties and compensation . 19 
 
 B. 
 
 BALLOTS: ( See Election. ) 
 BILLIARD TABLES: ( See Taxes. ) 
 BONDS: 
 
 Aldermen shall fund the City debt. 19 
 
 Breach of official. 21 
 
 Aldermen may issue, how. 39 
 
 How disposed of. 40 
 
 To be submitted to voters. 41 
 
 BOOKS OF REGISTRATION : ( See Election. ) 
 BOUNDARIES : 
 
 City; Ward. 8 
 
 BUILDINGS: 
 
 Aldermen may regulate. . 32 
 
 BY-LAWS: ( See Ordinances. ) 
 
INDEX TO CHARTER. 
 
 1 15 
 
 P 
 
 AGE. 
 
 c. 
 
 CELLARS: 
 
 Penalty for building, in foot ways.. 31 
 
 CEMETERIES : 
 
 Aldermen may establish. 33 
 
 CHALLENGES: ( See Election. ) 
 
 CITY BOUNDARIES: 
 
 Established. 8 
 
 CITY CONSTABLES : (See Constable.) 
 
 CLAIMS: 
 
 To be presented in two years.. 39 
 
 Registry of. to be kept by Clerk. 39 
 
 CLERK: 
 
 Election and duties of; to keep journal. 18 
 
 To draw orders on Treasurer. 19 
 
 Breach of official bond. 21 
 
 To keep Registry of Claims. 39 
 
 COLLECTOR: (See Taxes and Tax Collector. ) 
 COMMISSIONER OF SINKING FUND : 
 
 Office and duties. 40 
 
 COMMISSIONERS: 
 
 Powers devolved upon Aldermen. 13 
 
 COMMISSIONERS OF WAKE COUNTY: 
 
 Duties of, in regard to election... 10 
 
 CONSTABLE: 
 
 Election and duties of. 18 
 
 Powers and fees. 20 
 
 CONTAGIOUS DISEASES: 
 
 Powers of Aldermen in reference to. 33 
 
 CONTRACTORS : 
 
 City officers not to be. 32 
 
 CORPORATE LIMITS: ( See Boundaries. ) 
 CORPORATE NAME: 
 
 Established. 8 
 
lift 
 
 INDEX TO CHARTER. 
 
 Page. 
 
 CORPORATE RIGHTS: 
 
 Granted to citizens. 8 
 
 Not to lapse by failure to hold election. 15 
 
 CORPORATION: 
 
 Seal of. 8 
 
 Mayor and Board may sell property of, how. 37 
 Property of and tax-lists to be surrendered ; 
 
 penalty for refusal.. 38 
 
 Debt against, how satisfied,.. 37 
 
 COURT: 
 
 Mayor’s Court how constituted. 15 
 
 D. 
 
 DEBTS: 
 
 Board shall fund indebtedness. 19 
 
 City, how satisfied. 37 
 
 DEED; 
 
 City may make deed to its real estate. 37 
 
 DEFENDANTS: 
 
 May be made to work on streets.. 15 
 
 DISEASES, CONTAGIOUS : 
 
 Powers of Aldermen in reference to . 38 
 
 Hospital expense ; penalty for interference. 33 
 
 DOGS: 
 
 Taxes on.. 23 
 
 Aldermen may prohibit running at large. 32 
 
 E. 
 
 ELECTION; 
 
 Of Aldermen ; time of..... 10 
 
 Appointment of Registrars. 10 
 
 Registration, method of. 11 
 
 Inspectors of election ; electors ; challenges. 12 
 
 Ballots to be preserved ; duties of Inspectors.. 18 
 
 Duties of Sheriff of Wake County. 14 
 
 Failure to hold, what effect. 15 
 
INDEX TO CHARTED. 
 
 117 
 
 Page. 
 
 How to be held if not held at regular time... 15 
 
 Upon issue of bonds. 41 
 
 ELECTORS: 
 
 Qualifications of. 12 
 
 ENCROACHMENTS: ( See Porches. ) 
 
 F. 
 
 FEES: 
 
 Of Mayor. 
 
 Of Constable . 
 
 Of Collector. 
 
 FINES: 
 
 Upon Aldermen for failing to attend. 
 
 Of minors, how recovered. 
 
 How collected ; not to exceed $25. 
 
 Defendants may be made to work out fine on 
 
 streets. 
 
 FIRE COMPANIES: 
 
 Establishment of. 
 
 35 
 
 26 
 
 24 
 
 17 
 
 35 
 
 35 
 
 36 
 
 33 
 
 G. 
 
 GRAVEYARDS: 
 
 Aldermen may establish. 33 
 
 GOVERNOR’S MANSION: (See Streets.) 
 
 H. 
 
 HOSPITAL: 
 
 Expenses, how paid. 33 
 
 Penalty for preventing removal to, . 33 
 
 I. 
 
 INCORPORATION: 
 
 Section incorporating citizens. 8 
 
 INFANTS: 
 
 Land of, not to be sold for taxes. 26 
 
 INSPECTORS OF ELECTION: (See Election.) 
 
 J. 
 
 JOURNAL: 
 
 Clerk to keep 
 
 18 
 
118 
 
 INDEX TO CHARTER - . 
 
 Page. 
 
 JUDGMENTS: 
 
 Of Mayor, their force... H> 
 
 JURISDICTION: 
 
 Of Mayor’s Court... 15 
 
 L. 
 
 LAND : (See Real Estate,) 
 
 LICENSE: (See Taxes.) 
 
 LIMITATIONS, STATUTE OF : 
 
 Claims to be presented to Clerk in two years, 39 
 
 Registry of claims. 39 
 
 LIMITS, CITY: (See Boundaries.) 
 
 LIQUORS: 
 
 Aldermen may prohibit sale. 34 
 
 Penalty for violating. 34 
 
 M. 
 
 MARKET: 
 
 Aldermen may establish. 32 
 
 MAYOR: 
 
 How chosen ; oath ; term of office. 13 
 
 Vacancy, how filled. 13 
 
 Penalty for refusing to qualify. 14 
 
 Powers and duties of. 15 
 
 May issue process ; to keep office. 16 
 
 To preside at Board of Aldermen. 16 
 
 Not to be a contractor. 32 
 
 Appeals from ; fees of. 35 
 
 MERCHANTS : (See Taxes.) 
 
 MINORS: 
 
 Fines due from, how collected. 35 
 
 MINUTES: (See Journal.) 
 
 MISDEMEANORS: 
 
 To violate ordinances. 37 
 
 Not to turn over corporate property. 38 
 
 Not to surrender tax list. 38 
 
 To appropriate money to defeat Charter. 38 
 
INDEX TO CHARTER. 
 
 119 
 
 lGE. 
 
 MOORE SQUARE; (See Squares.) 
 
 N, 
 
 NASH SQUARE : (See Squares.) 
 
 NUISANCES; 
 
 Aldermen may abate..,... 32 
 
 O. 
 
 OATHS: 
 
 Of Mayor; of Aldermen-....-- 14 
 
 OFFICE: 
 
 Mayor to keep an office,,.. 19 
 
 OFFICERS: 
 
 Not to be contractors.. 32 
 
 To turn over corporate property... 38 
 
 To surrender tax lists........... 3<S 
 
 OFFICIAL BONDS; (See Bonds.) 
 
 ORDINANCES AND BY-LAWS: 
 
 Aldermen may establish.. 17 
 
 Violation of, a misdemeanor.. 37 
 
 R 
 
 PATROL; (See Watch.) 
 
 PENALTIES: (See Fines.) 
 
 POLLS: (See Election,) 
 
 POLL-TAX: (See Taxes.) 
 
 PORCHES : 
 
 Aldermen may grant privilege of erecting. 31 
 
 PRISONERS: 
 
 Sheriff of Wake to receive..... 21 
 
 PROCESS: 
 
 Mayor may issue... 10 
 
 PUBLIC SQUARES; (See Squares.) 
 
 PURCHASES, TAX ON: (See Taxes.) 
 
 R. 
 
 REAL ESTATE: 
 
 Tax upon. ... *22 
 
120 
 
 INDEX TO CHARTER. 
 
 Page. 
 
 Sale for taxes ; return of sales how made. 25 
 
 Owner may redeem ; infant’s not to be sold... 26 
 
 City may convey. 37 
 
 When condemned, how assessed. 26 
 
 REGISTRARS, AND REGISTRATION: (See Elec¬ 
 tion.) 
 
 REGISTRY OF CLAIMS: 
 
 Clerk to keep. 39 
 
 REPEAL: 
 
 Not to affect what. 36 
 
 RETAIL LIQUOR LICENSE: (See Taxes.) 
 REVENUE: (See Taxes.) 
 
 RIDING, FAST: 
 
 Aldermen may prohibit. 32 
 
 S. 
 
 SHERIFF OF WAKE: 
 
 Duties of at election. 14 
 
 To receive prisoners. 21 
 
 SIDEWALKS: 
 
 When City may repair. 29 
 
 Owner to pay part of expenses of new. 29 
 
 Assessors to hear owners. 30 
 
 Owners shall improve. 31 
 
 SINKING FUND: 
 
 Commissioner of. 40 
 
 SQUARES, PUBLIC: 
 
 Control of Nash and Moore Squares given to 
 
 Aldermen. 30 
 
 Well-behaved persons, to have access. 30 
 
 STREETS: 
 
 New, how opened. 26 
 
 To be kept clean ; sidewalks. 29 
 
 New, below Governor’s Mansion. 30 
 
 Power to grade. 30 
 
 Defendants may be ordered to work on. 30 
 
INDEX TO CHARTER. 
 
 121 
 
 Page. 
 
 T. 
 
 TAX-COLLECTOR: 
 
 Appointment of. 18 
 
 Breach of bond. 21 
 
 Fees. 24 
 
 To make return of land sold. 25 
 
 TAXES: 
 
 Transcript of receipts from, to be made out... 19 
 
 Real estate ; polls ; purchase. 22 
 
 Omnibuses, &c.; dogs; swine and goats. 23 
 
 Drays ; encroachments ; time of rendering list, 23 
 
 Assessors ; proceedings to lay taxes. 24 
 
 How taxes to be laid ; tax list. 24 
 
 How to collect by distress. 25 
 
 Sale of real estate; returns of land sold. 25 
 
 Owner may redeem real estate. 26 
 
 When not redeemed, to be conveyed in fee.... 26 
 
 Of infant’s not to be sold. 26 
 
 Additional subjects of taxation. 27 
 
 Merchants and peddlers ; billiard-tables. 27 
 
 Retail liquor license ; circuses. 28 
 
 Theatricals; exhibitions ; concerts. 28 
 
 Goats ; hogs ; horses ; dogs. 28 
 
 Moneys arising, how applied. 29 
 
 Retail liquor license. 34 
 
 Special, to pay bonds. 39 
 
 V. 
 
 VACANCY; 
 
 In Mayor’s office or Aldermen, how filled. 14 
 
 Temporary in Mayor’s office. 16 
 
 VOTES AND VOTERS: (See Election.) 
 
 W. 
 
 WARDS : 
 
 Boundaries of..-. 8 
 
122 
 
 INDEX TO CHARTER, 
 
 Page. 
 
 WATCH: 
 
 How organized. . 20 
 
 Penalty for failure to serve in. 21 
 
INDEX TO ORDINANCES. 
 
 Page. 
 
 Assistant Chief of Police.71 to77, 86,87 
 
 Assistant Engineer. 66 
 
 Attorney, City. 107 
 
 Auctions and Auctioneers. 60, 101 
 
 Auditor. 95, 96 
 
 Barbers and Barber Shops. 70, 71 
 
 Blacksmiths. 68 
 
 Board of Health. 103 
 
 Bonds. 106, 109 
 
 Buildings.?. . 62 
 
 Cellars. 55, 78 
 
 Cemeteries. 88, 96, 109 
 
 Chain Gang. 61 
 
 Chief Engineer of Fire Department. 66 
 
 Chief of Police and Assistant. 85, 86 
 
 Chimneys. 66 
 
 Circuses. 92, 93 
 
 Cisterns. 59 
 
 City Attorney. 107 
 
 City Marshal. 85, 86, 88, 89 
 
 Clerk and Collector. 94, 95 
 
 Clerk of the Market. 71, 77 
 
 ommissioner of Sinking Fund. 103, 104 
 
 Committees. 51, 52, 53 
 
 Cotton storage. 61 
 
 Crossing on streets.. 69 
 
 Debts, how to be contracted. 100 
 
 Diseases, contagious. 102, 103 
 
 Disorderly Houses. 68, 69 
 
124 
 
 INDEX TO ORDINANCES. 
 
 Page. 
 
 Dogs. 82, 83 
 
 Drunkenness. 69, 69 
 
 Elections. 52 
 
 Engineer, Chief and Assistant. 66, 67 
 
 Fair Grounds.•. 110 
 
 Fire Commissioners. 65,66 
 
 Fire Companies. . 64 to 68 
 
 Fire Department. 65 to 68 
 
 Fire Divisions..... 65 
 
 Fire, prevention of accidents by. 62, 63 
 
 Fish. 75 
 
 Games on Sunday. 70 
 
 Gaming. 69 
 
 Goats. 84 
 
 Grave-yards.. 96 to 100 
 
 Guano, storage of.*..... 81 
 
 Health, Board of... 103 
 
 Hogs . 83, 84 
 
 Houses of ill-fame. 68 
 
 Indecent exposure. 81 
 
 Lamps. 89 
 
 Licenses. 90,93 
 
 Liquor licenses. 90 
 
 Market regulations. 71 to 77 
 
 Metropolitan Hall. 77 
 
 Nuisances. 78 to 81 
 
 Paradise trees. 80 
 
 Peddling. 93 
 
 Police organization. 85 to 90 
 
 Police, Chief of. 85, 86 
 
 Pound for hogs, etc. 83, 84 
 
 Prescriptions . 103 
 
 Prize boxes. 69 
 
 Privies. 78, 80 
 
 Pumps and wells. 55, 59, 60 
 
INDEX TO ORDINANCES. 
 
 125 
 
 Page. 
 
 Repealing section. 107 
 
 Resignations. 107 
 
 Returns of officers. 88 
 
 Revenue. 90, 93 
 
 Riding and driving. 58 
 
 Riots. 69 
 
 Roulette. 69 
 
 Rules.. 50 to 53 
 
 Sextons . 96 to 100 
 
 Sinking Fund. 103, 104 
 
 Slaughter Houses. 79 
 
 Stalls in Market. 76 
 
 Stoves.... 62 
 
 Stores on Sunday. 70 
 
 Street Commissioner. 54 to 61 
 
 Streets. 54 to 61 
 
 Sunday. 70 
 
 Tan-yard. 78 
 
 Taxation. 90 to 93 
 
 Tax Collector. 94, 95 
 
 Treasurer and Treasury. 100 
 
 Uniform of Police. . 89, 90 
 
 Weigh-master. 73,74 
 
 Weights and Measures. 73, 74 
 
 Wells and Pumps. 55, 59, 60