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Chapter XCIX
An Act for the government of the town of Milton, to extend the boundaries thereof, and for other purposes.
I. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That James Rainey, James Holder, Philip I. Inge, Solomon Graves, William Irvine, Washington Jeffreys, John P. Harrison, Thomas McGehee and John Rogers, or a majority of them, be, and they are hereby appointed commissioners to lay off and establish, adjoining the town of Milton, such number of lots or quantity of ground, and to lay out and establish such streets and alleys on the same, as they may deem the public interest shall require; and when the said commissioners, shall have so laid out the said lots, streets and alleys, and establish the boundary aforesaid, they shall make or cause to be made, two fair and full copies of the plan of the said town of Milton, including the town heretofore incorporated by an act the General Assembly of this State, passed in the year one thousand, seven hundred and ninety six, and that part of the said town authorized to be laid out by this act, in which plan shall be represented, the several lots of the town with their numbers, the streets and alleys of the same, with the names of the said streets; one of which said copies, as soon as the same shall be completed, shall be deposited in the office of the clerk of the county court of Caswell, and registered by the register of the county of Caswell, and the other copy deposited with the commissioners of police herein after mentioned, and by them recorded in a book to be kept for the purpose of entering all proceedings of the said commissioners.
II. And be it further enacted, That the boundary laid off by the said commissioners shall be considered the limits of the said town of Milton and all lands lying in the same is hereby declared to be included in the corporation established by this act.
III. And be it further enacted, That on the first day of March next, the qualified voters in the said town of Milton, shall convene at some suitable place within the said town and shall elect eight persons to be commissioners of police for one year next ensuing, which said commissioners and their successors shall be, and are hereby declared to be a body politic and corporate, by the name of the commissioners of police for the town of Milton, and as such shall have perpetual succession and a common seal, shall sue and be sued, and by such name shall have power from time to time, and at all times hereafter to make such rules, regulations and bye-laws, as they or a majority of them shall think necessary, for the suppression of vice and immorality, and for the good government of the said town which are not repugnant to the laws of this State. They shall have power to appoint a town constable, superintendant of the streets of the town, and a superintendant of the public buildings of the town, and to establish and regulate the fees of the said offices, as they may think necessary; and the said commissioners and those hereafter to be appointed, shall before they enter upon the duties of their appointment take and subscribe before some justice of the peace of the county of Caswell, the following oath, (to wit,) I A B do solemnly swear (or affirm, as the nature of the case may be.) that I will well and truly perform the duties of commissioner of police of the town of Milton, so long as I shall continue to serve in the said appointment, to the best of my knowledge and ability, so help me God.
IV. And be it further enacted, That the said commissioners of police, shall be appointed annually on the first Monday of February in each and every year, in the manner hereinafter mentioned, and no person shall be a commissioner of police who at the time of his appointment is not a resident of the said town of Milton, and owner of real property therein.
V. And be it further enacted, That the commissioners of police aforesaid, shall on or before the second Monday of February in the year of one thousand, eight hundred and twenty, and the commissioners thereafter appointed, as often as the interest of the town shall require it, lay off the said town into four wards, each of which shall have the same white population, as nearly as may be, and from each of the said wards, shall thereafter be elected two commissioners of police, which said commissioners chosen as aforesaid shall annually elect an intendant of police, who shall preside at the board of commissioners, and in case of an equal vote of the commissioners any question submitted to their consideration, shall give the casting vote; and it shall be the duty of the said intendant of police, to enforce obedience to the laws and regulations of the said commissioners of police and punish offenders, and for that purpose is hereby authorized to issue his warrant to the sheriff of the county or to the town constable, to apprehend offenders against the laws and regulations aforesaid, and to compel them to appear before him, to answer the said charge, and when brought before him, the trial of said offender shall be in a summary way as before a justice of the peace, and the said intendant is hereby invested with full power to administer oaths, issue subpoenas, examine witnesses and adjudicate thereon; and on conviction of the offender, the said intendant is hereby authorized to give judgment and award execution, agreeable to the laws, regulations and ordinances, made and provided for the government of said town; which warrant or execution, sentence or judgment of the said intendant, the sheriff or constable is hereby required to execute; Provided, That in all cases whatsoever tried before said intendant, any person or persons being dissatisfied with such judgment, he, she or they may appeal the said judgment, to the next county court of pleas and quarter sessions for the county of Caswell, under the same rules and restrictions as are now provided for appeals from the decision of a justice of the peace, to the county courts of this State.
VI. And be it further enacted, That the intendant of police of the said town shall before he enters upon the duties of his appointment, take and subscribe before some justice of the peace for the county of Caswell the following oath, I, A B do solemnly swear (or affirm as the case may be,) that I will well and truly perform the duties of intendant of police of the town of Milton, so long as I shall continue in the said appointment, to the best of my knowledge and ability, so help me God.
VII. And be it further enacted, That the town constable, authorized to be appointed under this act shall take an oath, well and truly to perform the duties of his office of constable, while he shall continue therein and shall give bond with two or more good securities in the sum of one thousand dollars, to the commissioners of police, condition that he will well and truly perform the duties of constable according to the laws of the State, and the rules and regulations of the said commissioners, upon which said bond, suit may be brought and recovery had against the constable and his securities in the same manner as is prescribed by law against other constables.
VIII. And be it further enacted, That every free white person, who shall be the owner of real property in the town, or who shall have resided within the said town, twelve months next preceding an election and shall arrived at the age of twenty one years, paid a public tax and a tax of the town, shall be entitled to vote for commissioners of police.
IX. And be it further enacted, That the said commissioners of police and their successors, shall have power from time to time, to make or cause to be made, an assessment and valuation of all property in the town, subject to taxation by the laws of the State and to levy and collect a tax thereon, and to levy and collect a poll tax on the inhabitants thereof, and a tax on stores and retailers of spirits in the said town, in such manner as they shall deem the public interest may require, for the purpose of repairing the public streets of the town and making such other improvements of a public nature as may be necessary for the health and good government thereof.
X. And be it further enacted, That so much of the act of the General Assembly of this State passed in the year one thousand, seven hundred and ninety six, incorporating the town of Milton, as comes within the meaning and purview of this act, be, and the same is hereby repealed.
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