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31 of the taxable property therein ; which afTeflbrs are hereby required to SfleYs the (time :n the manner, nnd under the rules and'reftrict-ots a^ d refted in an act of Aflembly Tor affelftng taxable propert)', and collecting public raxes, &•'" XL' J,id be it furt.:-j r enicled, by the authority< afoi cj"aid, that the commiflioners, or a majority of them, ihall annu-ally, at the time of laying toe town taxes, nominate and appoint a proper period to collect the farhe, to whom thalj be delivered a fair copy ot the liit -if taxable property* and alielTment taken for that year, agreeably to this aft- and the period io appointed, before he enters upon the execution of his office, ihall beiore fonie Judice of the Peace in ' Craven county, take the oath of allegiance to the fhte, ar.d enter into bond, with fuSicient lecuiiiy, in the fura of fiv; hundred pounds lawful moiey ot this ft.te, to the couimiiiioncrs of the town, and their fuccefibrs ; and in cafe the perfbo io app >i red Ihall ret'ufe to ferve, or fail to give fecurity asaforefaid, the laid commiflioners lhall and may proceed to- no .mate and appoint any other perfon who may lie willing to aft, and enter into bond with fecurity in manner asaforefaid ; and the collector (o appointed Ihall, and is hereby impowered, directed and required, to col-lect the Lid. taxes, and pay the fame to the treafurer of the laid town, on er before the tenth day of GRober in every year, alter dedufting four per centum commdfions for his trouble in making the laid collection • and if any fuch col-lector ihall neglect or refuie to account for on 03th, and pay the feveral taxes wherewith he is chargeable according to the directions of this act, after deducting his commiihons, it fhall and may be lawful for the fuperior court of New',' bein diftrift, or the inferior court of Craven county, on motion of the commillioners, or the majority of them, or on motion of the treafurer of the town on their behalt, to give judgment againft fuch collector and hi? fectirities for all niortffis wherewith he fhall or may be chargeable to the town, « ith cofts of fuit, and thereupon to award execuron againft the body, or againft the goods and chattels, lands and tenements, of fuch collector, and his fecurities. Provided always, that the collector Ihall have ten days previous notice of iuch motion. X1L Andbeiifurthtr enacled, by the authority aforefuid, that if the inhabitants of the laid town, or others, being liable by this act, fhall neglect or refute to pay the faid tax on or before the tenth day of September in every ye*r, it lhall and may be lawful for the collector to levy the fame by diftrefs and fale of the offenders goods and chattels, and fliall take and receive for his trouble thirty millings for each diiire's, and no more ; and after deducting the taxes due, 'and fee for diftrefs, the overplus of the goods and chattels fold fhall be returned to the owner. XI II. dndbe it further enaftrd, by the authority afore/aid, that the commiflioners of the town fo chofen, and being qualified agreeable to the directions of this aft, ihall be, and are hereby incorporated into a body politic and coipprate, by the name of the commillion ers of Newbern, and by that name io have annual fucceflion, by the eleftion of the free-holders and freemen of the faid town, as by this aft is before directed, and a common feal ; and that they, and their - iucceflbrs, by the name aforefaid, lhall be able and capable in law to have, purchafe, receive, enjoy, poffe s ar.d re-tain, to then and their fucceflors, for ever, in trult and confidence for the laid town, any lands, rents, tenements and hereditaments, of what kind, nature, or quality foever ; and alfo to grant, fell, e'emife, alien, ,< r difpofe of the f-me, alio to receive and take any gifts or don uions whatfover to the faid town ; and by the fairJ i ame to fue and implead, be iued ar.d impleaded, anlwer and be anfwered, in all courts of record whatsoever ; ai.d from time to time, and at all times hereafter, under their common feal, to make fuch rules, orders, reVukti . ; ii ces, as io them fhall feein meet, for repairing the ftreets, erecting public wharfs, appointing ma>ker , laces, a d r ba-ting the fame, erecting public pumps, and keeping >n repair thofe already erected, appointing taiju, ward e» o/pa> trols, and making proper allowances for fuch fervices, and for all fuch other neceflary or-dtrrances, rules' and orJers, which may tend to the advantage, improvement, and good government of the faid town j and ere fame rules, regu-lations and ordinances, from time to time to alter, change, amend or difcontinue, as to the faid c -nmifl; oners, or a majority of them, fhall appear necefiary, and belt anlwer the purpofes intended for regulating and governing the faid town ; and alfo ihall have full and ample power to force a compliance and obfervanceto fuch neceflary regulati-ons* by laying fines and penalties on thofe who fhall refufe or neglect to conform to fuch rules and regulations, not ' exceeding the fum of five pounds current money for every refufal or neglect ; to be recovered by warrant under the hand and ftal of iome Juftice of the Peace of the county of Craven, directed to the fherifF, deputy fheriff, or town conltable, to fummon Iuch delinquent to appear before fuch Juftice at a certain day mentioned in the faid warrant, and on conviction,, the laid Juftice is hereby required to give judgment and award execution, which the faid officer is hereby required to execute, by diftrefs and fale of the offenders goods and chattels ; which fine when levied and re-ceived, Ihall be paid into the hands of the treafurer of the town, who is to receive the fame as part of the common ftock of the town, and by him to be accounted for ; and the commillioners, cr a majority of them, are hereby in-vented with full power and authority to lay out and appropriate all monies which (hall be paid into the treafury of the laid town by virtue of this aft, as they ihall think molt for the good of the faid town.. XIV. And be it further enabled, by the authority aforefaid, that the commiflioners fhall provide a book, in which an account fhall be kept of all monies by them received and expended, and once in every year a tranfeript therefrom fhall be by the commiflioners made out, and let up in the court houf'e, for the iatisfaction of the inhabitants of the faid town, under the penalty of twenty pounds lawful money of this (tate for every negleft or refufal ; to be reco-vered in the inferior court of Craven county, by any perfon who fhall fue for the fame, by action of debt, bill, plaint, or information, one half to bim or them who fhall fue for the fame, the other to the benefit of the town, to be paid] to the treafurer thereof. XV. Whejreas at an AlFembly, begun and held at Netvbem the nineteenth day of Nivembcr, one thoufand leyenj
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Title | Page 93 |
Full Text | 31 of the taxable property therein ; which afTeflbrs are hereby required to SfleYs the (time :n the manner, nnd under the rules and'reftrict-ots a^ d refted in an act of Aflembly Tor affelftng taxable propert)', and collecting public raxes, &•'" XL' J,id be it furt.:-j r enicled, by the authority< afoi cj"aid, that the commiflioners, or a majority of them, ihall annu-ally, at the time of laying toe town taxes, nominate and appoint a proper period to collect the farhe, to whom thalj be delivered a fair copy ot the liit -if taxable property* and alielTment taken for that year, agreeably to this aft- and the period io appointed, before he enters upon the execution of his office, ihall beiore fonie Judice of the Peace in ' Craven county, take the oath of allegiance to the fhte, ar.d enter into bond, with fuSicient lecuiiiy, in the fura of fiv; hundred pounds lawful moiey ot this ft.te, to the couimiiiioncrs of the town, and their fuccefibrs ; and in cafe the perfbo io app >i red Ihall ret'ufe to ferve, or fail to give fecurity asaforefaid, the laid commiflioners lhall and may proceed to- no .mate and appoint any other perfon who may lie willing to aft, and enter into bond with fecurity in manner asaforefaid ; and the collector (o appointed Ihall, and is hereby impowered, directed and required, to col-lect the Lid. taxes, and pay the fame to the treafurer of the laid town, on er before the tenth day of GRober in every year, alter dedufting four per centum commdfions for his trouble in making the laid collection • and if any fuch col-lector ihall neglect or refuie to account for on 03th, and pay the feveral taxes wherewith he is chargeable according to the directions of this act, after deducting his commiihons, it fhall and may be lawful for the fuperior court of New',' bein diftrift, or the inferior court of Craven county, on motion of the commillioners, or the majority of them, or on motion of the treafurer of the town on their behalt, to give judgment againft fuch collector and hi? fectirities for all niortffis wherewith he fhall or may be chargeable to the town, « ith cofts of fuit, and thereupon to award execuron againft the body, or againft the goods and chattels, lands and tenements, of fuch collector, and his fecurities. Provided always, that the collector Ihall have ten days previous notice of iuch motion. X1L Andbeiifurthtr enacled, by the authority aforefuid, that if the inhabitants of the laid town, or others, being liable by this act, fhall neglect or refute to pay the faid tax on or before the tenth day of September in every ye*r, it lhall and may be lawful for the collector to levy the fame by diftrefs and fale of the offenders goods and chattels, and fliall take and receive for his trouble thirty millings for each diiire's, and no more ; and after deducting the taxes due, 'and fee for diftrefs, the overplus of the goods and chattels fold fhall be returned to the owner. XI II. dndbe it further enaftrd, by the authority afore/aid, that the commiflioners of the town fo chofen, and being qualified agreeable to the directions of this aft, ihall be, and are hereby incorporated into a body politic and coipprate, by the name of the commillion ers of Newbern, and by that name io have annual fucceflion, by the eleftion of the free-holders and freemen of the faid town, as by this aft is before directed, and a common feal ; and that they, and their - iucceflbrs, by the name aforefaid, lhall be able and capable in law to have, purchafe, receive, enjoy, poffe s ar.d re-tain, to then and their fucceflors, for ever, in trult and confidence for the laid town, any lands, rents, tenements and hereditaments, of what kind, nature, or quality foever ; and alfo to grant, fell, e'emife, alien, ,< r difpofe of the f-me, alio to receive and take any gifts or don uions whatfover to the faid town ; and by the fairJ i ame to fue and implead, be iued ar.d impleaded, anlwer and be anfwered, in all courts of record whatsoever ; ai.d from time to time, and at all times hereafter, under their common feal, to make fuch rules, orders, reVukti . ; ii ces, as io them fhall feein meet, for repairing the ftreets, erecting public wharfs, appointing ma>ker , laces, a d r ba-ting the fame, erecting public pumps, and keeping >n repair thofe already erected, appointing taiju, ward e» o/pa> trols, and making proper allowances for fuch fervices, and for all fuch other neceflary or-dtrrances, rules' and orJers, which may tend to the advantage, improvement, and good government of the faid town j and ere fame rules, regu-lations and ordinances, from time to time to alter, change, amend or difcontinue, as to the faid c -nmifl; oners, or a majority of them, fhall appear necefiary, and belt anlwer the purpofes intended for regulating and governing the faid town ; and alfo ihall have full and ample power to force a compliance and obfervanceto fuch neceflary regulati-ons* by laying fines and penalties on thofe who fhall refufe or neglect to conform to fuch rules and regulations, not ' exceeding the fum of five pounds current money for every refufal or neglect ; to be recovered by warrant under the hand and ftal of iome Juftice of the Peace of the county of Craven, directed to the fherifF, deputy fheriff, or town conltable, to fummon Iuch delinquent to appear before fuch Juftice at a certain day mentioned in the faid warrant, and on conviction,, the laid Juftice is hereby required to give judgment and award execution, which the faid officer is hereby required to execute, by diftrefs and fale of the offenders goods and chattels ; which fine when levied and re-ceived, Ihall be paid into the hands of the treafurer of the town, who is to receive the fame as part of the common ftock of the town, and by him to be accounted for ; and the commillioners, cr a majority of them, are hereby in-vented with full power and authority to lay out and appropriate all monies which (hall be paid into the treafury of the laid town by virtue of this aft, as they ihall think molt for the good of the faid town.. XIV. And be it further enabled, by the authority aforefaid, that the commiflioners fhall provide a book, in which an account fhall be kept of all monies by them received and expended, and once in every year a tranfeript therefrom fhall be by the commiflioners made out, and let up in the court houf'e, for the iatisfaction of the inhabitants of the faid town, under the penalty of twenty pounds lawful money of this (tate for every negleft or refufal ; to be reco-vered in the inferior court of Craven county, by any perfon who fhall fue for the fame, by action of debt, bill, plaint, or information, one half to bim or them who fhall fue for the fame, the other to the benefit of the town, to be paid] to the treafurer thereof. XV. Whejreas at an AlFembly, begun and held at Netvbem the nineteenth day of Nivembcr, one thoufand leyenj |