Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-01-01
From the Wilmington Post.
An Act to Amend the Charter of the City
of Wilmington.

OF Wilmington.
Sec |. The General Assembly of North
Carolina do enact, That the act Of the Cen
eral Assembly ratified the 1st day of Feb
ruary, 1866, entitled IAN act TO incorpo-
rate the city Of Wilmington" be amended,
so that the thirteenth section of the
above recited act shall read rs follows !:
that all penslties and fines whatever rela-
ting to tho city, imposed by an ordinance
or regulation Of the Mayor and Aldermen
Of the city or by any ordinance or regula-
ton Of the commissioners OF the town OF
Wilmington, heretofore made, OF by any
act or ordinance thereafter passed, or by any
act heretofore passed. shall bc recoverable
before the Judge Of the Special Court Of
the city Of Wilmington, and from any Judg-
ment of the said Judge for any penalty Or
fine or other cause of action, OF which he
may have jurisdiction, the party dissatisfied
may appeal to the Supreme Court III like
manner, and under the same rules and
regulations as are prescribed ia appeals
from the Superior Court of this State.
Sec >. That so much Of the 18th section
Of the above recited act as may be repuG-
nant to, and in conflict with this act. be
and the samo is hereby repealed.
Sec. 5. That there shall be taxed against
each defendent upon conviction or submits
or penalty, the same costs as are now taxed
in like cases in the Superior Court for pro-
cess and service Of the same and for the
Judgment. And all such costs, penalties
and fines recoverable and paid as aforesaid,
shall be paid Ivy the Clerk Of said Cont to
the Treasurer Of the city for the use Of
said city.
Sec. 1. That the Mayor and Aldermen
of the city of Wilmington shall pay to the
Clerk Of said Court, reasonable compen-
sation in all cases in which the city may be
party, and allow to the Judge such addi-
tional sum as they may, in their judgment.
deem just and reasonable, not less than five
hundred nor exceeding one thousand dol
lars per annum as compensation for his SER
vices in the trial of the above named eau
Ses.
Sec. 5. That the Judge of said special
courts shall hold the said court daily (Sun
days and holidays excepted(, and
shall have all the power and per-
form the duties of Justice O. the
Peace, and shall receive the same fees rs
are now or may be hereafter allowed to
Justices of the Peace where there shall be
no jury trial
Provided, that no fees shall be allowed
said Judge upon the trial of violations of
thesscity Ordinances, or any acts relating
{
declared to be the Special Magistrate of
the city of Wilmington, all laws to the
contrary notwithstanding.
Sec. 6. That the poor tax levied by the
County Commissioners for the support Of
the INDECENT Of the county of New Hanover
which may be levied or assessed upon ci-
| items OF the city Of Wilmington and their
property in the city, shall be collected and
paid to the Treasurer of said city by tho
Sheriff of New Hanover county, and he
shall be required to keep separate and
distinct account Of said tax levied or as
sessed as aforesaid, and upon default or
failure to pay the sane at the time and
times that he may be required SO to do, it
shall be lawful for the city of Wilmington
to institute suit upon such Sheriff's official
bonds for the recovery of the same, so due
the city, by motion before the Judge Of
the Superior Court after twenty day notice
of the motion to the said Sheriff and his
securities.
Sec. 7. That the city Marshal shall no
longer collect the city tax, and the same
shall be collected by tax collector, to be
appointed by the Mayor and Aldermen for
that purpose, who are required to fix his
salary and fees, and the tax collector so
appointed shall be the city Treasurer, and
shall, before he enters upon the duties OF
his Office OF Tax Collector and Treasurer,
be required to enter into bond, with APP.
proved security, payable to the city of VIII
mington, in such sum as the Mayor and
Aldermen shall prescribe, conditioned for
the faithful performance of his duties as
tax collector for the city of Wilmington,
and the faithfully accounting for, and pay
ing into the Treasury, all monies that may