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and punished by a fine of not more than fifty dollars or imprisoned not more than thirty days, or both.

1889, c. 142, s. 4; 1903, c. 42.

Sec. 1014 (3741). Cutting timber on lands before obtaining a grant.

If any person shall make an entry of any lands, and before perfecting title to same, shall enter upon such lands and cut therefrom any wood, trees or timber, he shall be guilty of a misdemeanor. One-half of any fine collected under this section shall be paid to the informer and one-half to the school fund of the county in which the land is situated. Any person found guilty under the provisions of this section shall further pay to the state double the value of the wood, trees or timber taken from the land, and it shall be the duty of the solicitor of the district in which the land lies to sue for the same.

1903, c. 272, s. 4.

Sec. 1015 (3687). Timber, cutting or removing, from land of another.

If any person, not being the bona fide owner thereof, shall knowingly and willfully cut down, injure or remove any standing, growing, or fallen tree, or log, the property of another, he shall be guilty of a misdemeanor and punished by a fine of not more than fifty dollars or imprisoned not more than thirty days.

1889, c. 168.

Sec. 1016.

TOBACCO.

SECTION 1. That on and after the first day of August, one thousand nine hundred and seven, the proprietor of each and every leaf tobacco warehouse doing business in this state shall keep a correct account of the number of pounds of leaf tobacco sold upon the floor of his warehouse daily.

SEC. 2. That on or before the fifth day of each succeeding month the said warehouse proprietor shall make a statement, under oath, of all the tobacco so sold upon the floor of his warehouse during the past month and shall transmit the said statemet.t, at once, to the commissioner of agriculture at Raleigh, North Carolina. The reports so made to the commissioner of agriculture shall be so arranged and classified as to show the number of pounds of tobacco sold for the producers of tobacco from first hand; the number of pounds sold for dealers; and the number of

pounds resold by the proprietor of the warehouse for his own account or for the account of some other warehouse.

SEC. 3. The commissioner of agriculture shall cause said statements to be accurately copied into a book to be kept for this purpose, and shall keep separate and apart the statements returned to him from each leaf tobacco market in the state, so as to show the number of pounds of tobacco sold by each market for the sale of leaf tobacco; the number of pounds sold by producers, and the number of pounds resold upon each market. And the said commissioner of agriculture shall keep said books open to the inspection of the public, and shall, on or before the tenth day of each month, after the receipt of the reports above required to be made to him on or before the fifth day of each month, cause the said reports to be published in the bulletin issued by the agricultural department, and in one or more journals published in the interest of the growth, sale and manufacture of tobacco in the state or having a large circulation therein.

SEC. 4. Any person willfully violating the provisions of this act shall be guilty of a misdemeanor and punished within the discretion of the court, and, in addition thereto, shall be subject to a penalty of five hundred dollars, to be sued for in the county of Wake by the attorney-general whenever he may be advised by the commissioner of agriculture that persons required by this act to make reports to him have failed to do so.

1907, c. 97.

TOWNS AND CITIES.

Sec. 1017 (3609). Town officers failing to pay over taxes monthly.

If any constable or collector of taxes for any town or city, or any other officer, shall fail to make settlement and full return of all moneys, penalties and fines coming into his hands each month with the town or city treasurer, or other officer authorized to receive the same, he shall be guilty of a misdemeanor.

Code, s. 3814; 1879, c. 194, s. 2; 1881, c. 37.

Sec. 1018 (2927). Policemen may execute criminal process.

A policeman shall have the same authority to make arrests and to execute criminal process, within the town limits, as is vested by law in a sheriff.

Code, s. 3811.

CONSTABLE MAY EXECUTE WARRANT ANYWHERE IN COUNTY.-A town constable or marshal may execute a warrant issued by the mayor anywhere within the county in which the town is situated. Sigman, 106–728.

Sec. 1019 (2929). May abate nuisances.

The board of commissioners may pass laws for abating or preventing nuisances of any kind, and for preserving the health of the citizens.

Code, s. 3802; R. C., c. 111, s. 15.

Sec. 1020 (2930). Shall repair streets and bridges.

The board of commissioners shall provide for keeping in proper repair the streets and bridges in the town, in the manner and to the extent they may deem best; may cause such improvements in the town to be made as may be necessary, and may apportion the same equally among the inhabitants, by assessments of labor or otherwise, and the citizens shall not be liable to work on the public roads without the limits of the town. When they determine to repair or improve by labor, they may appoint an overseer and compel such persons as are liable to perform duty on the public roads to work on the streets, in the manner and under the penalties provided in the general law for the reparation of the public roads. Code, s. 3803; R. C., c. 111, s. 16.

The requirement that the report of the appraisers shall lie in the mayor's office for ten days for purposes of investigation and appeal, and that unless an appeal is taken from such report "the land so appraised shall stand condemned for the use of the town and the price fixed shall be paid" applies only to the procedure for fixing the price to be paid and means that if no appeal is taken from the appraised value, the land shall stand condemned at such. value, and the appeal does not postpone the right of entry. Jones, 139—613. After damages are assessed the town has a right to enter and open the street without waiting for payment of the damages. Jones, 139-613.

An assessment for damages in a condemnation proceeding need not be by a jury of twelve freeholders. It is not a controversy within the meaning of the Bill of Rights. Jones, 136–613.

LANDOWNER ENTITLED TO NOTICE.-A landowner is entitled to notice and a hearing when compensation is fixed for appropriating the land. Jones,

139-613.

Sec. 1021 (2934). Criminal jurisdiction of mayor.

The mayor of every city or incorporated town is hereby constituted an inferior court, and as such court such mayor shall be a magistrate and conservator of the peace, and within the corporate limits of his city or town shall have the jurisdiction of a justice of the peace in all criminal matters arising under the laws of the state, or under the ordinances of such city or town. The rules of law regulating proceedings before a justice of the peace shall be applicable to proceedings before such mayor, and he shall be entitled to the same fees which are allowed to justices of the peace. Code, s. 3818; 1871-2, c. 195; 1876-7, c. 243.

MAYOR MAY PUNISH FOR CONTEMPT.-The mayor of a town has jurisdietion to punish for contempt, though not named among the officers having that power as prescribed in section 92, since every court inherently possesses such power independent of statutory enactment, besides the fact that under the above statute a mayor is constituted an inferior court and given the powers of a justice of the peace. Deaton, 105-59.

JURISDICTION-SUPERIOR COURT.-The superior court has no original jurisdiction to try indictments for violation of town ordinances. White, 76-15. ACT VALID. The act of the legislature giving the police court concurrent original jurisdiction of offenses cognizable by justices of the peace is valid. Lytle, 138-738.

MAYOR PRO TEM.-A mayor pro tem., appointed under the provisions of Revisal, sec. 2933, is authorized "to exercise the duties" of the mayor during his absence as fully as he could do if he were present. Thomas, 141-791.

The power conferred upon a mayor pro tem. "to exercise the duties" of mayor during his absence is that of issuing warrants in criminal actions. Thomas, 141-791.

Sec. 1022. Town constable to execute process.

Whenever any process or other notice is so directed as to authorize a township constable to execute the same, a town constable in that county may execute the same without any more specific direction: Provided, such town constable shall be required to give bond for performance of his duties such as is required of township constables who execute civil process.

1907, c. 52.

Sec. 1023 (3702). Town ordinance, violation of.

If any person shall violate an ordinance of a city or town, he shall be guilty of a misdemeanor, and shall be fined not exceeding fifty dollars, or imprisoned not exceeding thirty days.

Code, s. 3820; 1871-2, c. 195, s. 2.

BUILDINGS IN TOWNS AND CITIES-FIRE LIMITS.-A town ordinance providing that no person shall build or erect within the city limits "any building of any kind or character, or otherwise add to, build upon or generally improve or change any building, without having first applied to the aldermen and obtained a permission for such purpose," is void as reserving to the aldermen the right to refuse the application of one landowner, and grant that of another arbitrarily and despotically, when for all material purposes the two apply for precisely the same privilege. Tenant, 110-609.

An ordinance prohibiting the erection of wooden buildings, or buildings with wooden or shingle roofs, in thickly settled portions of the town, and requiring a license before beginning such structures, is valid, provided the ordinance lays down a general rule that precludes the possibility of discrimination and favoritism in granting the license. Tenant, 110-609.

Even where a contract has been made for the erection of such wooden buildings before the passage of a valid ordinance forbidding the erection of such buildings, the builder is considered as having entered into the contract subject to the right of the municipality to enact a prohibitory by-law and annul his contract at any time before he begins to build and expend money that he may lose if prohibited from finishing. Tenant, 110-609.

Municipal corporations may prescribe a fire limit and forbid the erection of wooden buildings within such bounds as they may prescribe; and it seems that this may be done by or through the delegated authority of the legislature, even where the enforcement of the ordinance causes suspension of work previously contracted for. Johnson, 114-846.

Where the legislature has granted authority to a municipality to supervise or prevent the replacing of a roof with another of shingles, instead of constructing one of material less liable to destruction, or ordinance forbidding an owner of a building within a prescribed limit to alter or repair a wooden building within such limit, without the consent of the aldermen, is not unreasonable, and will be upheld. Johnson, 114—846.

COTTON-WEIGHER'S FEE.-The exaction of a fee of eight cents for each bale of cotton weighed in a town by the public cotton-weigher, one-half to be paid by each the buyer and seller, is in no sense a tax, but a reasonable market fee that the commissioners have a right to impose. Tyson, 111–687.

A town ordinance prescribing a penalty for buying or selling baled cotton within the corporate limits without having it weighed by the cotton-weigher elected for the town is valid. Tyson, 111-687.

ARREST. So much of a town ordinance as provides that for a violation of it persons may be "arrested" is void, since the arrest is only by virtue of the above statute and not under the ordinance. Earnhardt, 107-789.

GENERAL LAW.-A town ordinance which makes an act which is a criminal offense under the general law of the state an offense against the town is void. Keith, 94-933.

An ordinance against gambling is void, this being an offense under the general law. McCoy, 116-1059.

Although the act of selling liquor without license in violation of the laws of the state, and also of the ordinance of a city, is one act, the offenses are different; therefore an ordinance of a city imposing a fine for selling without license does not conflict with the general law of the state prohibiting the sale of liquor without license, and is therefore valid. Stevens, 114-873.

RAILROADS USING STREET.-The shifting of cars in a street in making up a train constitutes a violation of an ordinance providing that no engine or train shall be stopped on any street except at the foot of the same for the reception and delivery of freight. Railroad, 141–736.

Any and all franchises and privileges conferred upon persons or corporations respecting the use of the streets, wharves, parks or other public property of the city are conferred and accepted subject to the police power vested in the city. Railroad, 141–736.

Where a contract between a city and railroad company amounted merely to a license granted to the company to lay its tracks on the streets and run its cars thereon, the power of the city to make such laws and regulations controlling the use of the streets by the defendant as the safety and comfort of the citizens demanded, was not in any degree restricted thereby. Railroad, 141-736.

A license granted by a city to a railroad company to lay a track upon and to that extent use the streets, in the absence of an express power in the charter to do so, such license can not be construed into a grant of permanent easement. Railroad, 141–736.

SCAVENGER WORK-VOID ORDINANCE.-Where the owner is not allowed to clean his own premises, no matter how filthy they may become, and the public scavenger can not be made to clean them oftener than once a month without an order from the superintendent of health, the effect of the ordinance is not to keep the city clean, but rather to keep it dirty for the time, and such an ordinance is void as being unreasonable. Hill, 126-1139.

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