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Whole No. 070.
Tarborough, (Edgecombe Counltj, X. C.J Saturday, October 7, 1837.
Vol. XUI Xo. 40,
The " Tar borough Press"
BV OEOnGG HOWARD,
i4 publisheJ weekly at Ttvn Dollars nnd
r t'tii Cents prye;r. if paM in Hilvai:
Thrtt PoUnrs at the expii ai'u of the
w.iptio.i var. For 'any peri-xl less
8U a veai-, Tivenlufae Ctn's per immih.
c ).Cii"lors sue at iibeity to .iisr.ontinue
I 8iiv tiiut. on pWius noiice thereof nd
navin" arrr Ihose residma at a .Us
ance must invariably pay in advance, or
vea responsihle reference in this vicinity .
8' Adveitiseiuent not excee.linj? 1G li.tes
n length (or a square) will be inserted at
50 cents tit fi"sl insertion and 25 cts. each
tontia"ce- Longer ernes at that rate
for every square. Advertisements must
je marked ilie number of insertion? requi
reJ or they will he continued until other
wise ordered, and charged accordingly .
Letter addressed to tle Editor must he
post paid, or lly may not be attended to.
l'tom the Cincinnati Daily GazeUe.
TO MY CIGAR.
By Dick Tinlo, GenC.
S-ect soother of the cares of life,
That makcth all things end in
I ble.ss thee as I would a wife
When donning first the nuptial
The fairest rose hath no perfume
As sweet as that inhaled from thee,
And Araby, in all its bloom.
Could never have such charms for
I sit beneath a shady tree.
My feet at angle forty-five.
And as I draw thy sweets front thee,
I am the happiest man alive:
Soft floating on the sunny air,
A thousand songs of birds are mine:
Away, away with every care.
My principe I'm wholly thine.
The falsehood of the world shall not
Disturb trie in this hour of peace;
My soul a joy from thee hath caught,
WiU last until thy puff-, shall cease.
The smile of woman may be false.
And friendship last but for a day,
But thou each test alone exalts,
Thou never, never cuust beti ay.
As round my nose thy curls ascend,
I build my castles in the air,
So bright, 'tis pity that they end,
And last but while thy smoke is
Awhile I rule the world a king,
Or mingle in the heady fight,
While bards in lofty numbers sing
The gratefurpraUes of my might.
Or, lulled in a delicious dream
To beauty's power I bend the knee.
And loving and beloved, I dream
The world is filled with joy for me;
And vsith my spirit's idol stray,
Forgetful "of the fleeting houis.
Where smile, like angels on our way,
The faces of a thousand flowers.
Oil love thou art the sweetest ill
That ever racked the soul of man,
The' sometimes thou art said to kill,
Vet I will catch thee if 1 canl
I know the prettiest zounds, my
Of joy have suffered an eclipse,
My principe is done, it seems
I've smoked it till it burnt my lips.
The Sea Serpent. A corres
pondent of the New York Era,
writes from Nahant, a peninsula
in Hie town of. Lynn, about 14
miles northeast of "Boston, giving
a full account of the famous Sea
Serpent. Nahant is a place of
fashionable resort, for sea air, fish
ing and bathing. The proprie
tors thought it necessary to add
to the attractions of llie establish
ment, that of a Sea Serpent, and
accordingly had a very splendid
one manufactured of barrels, kegs,
he. covered with coarse canvass.
The head was made of plank, and
so contrived as to be about 8 feel
above the water. This serpent
was anchored off the shore, never
oftener than once a week, and
sometimes wrs not allowed to ap
pear for a month; at which peri
ods he is exhibited for a short
time, and at n";ght concealed near
the shore, by sinking. The head
is so contrived thai a person cau
move it about with oars, without
being detected. The whole af
fair was blown, by two gentlemen,
who suspected the hoax, and vis
ited his laUeship by moonlight.
Thus have the lovers of the mar
vellous been cheated out of a vast
deal of enjoyment. llal. Stand.
Horrible Death. A fisherman
named Thompson, was drowned
at Boston on Thursday night, un
der the following strange circum
stances. It appears that the man
had fallen asleep in the bottom of
his small boat, which, as it is con
jectured, drifted ittSder a wharf at
the north part of the city. There
it became wedged in among the
limbecs; while the tide rising rap
idly, every moment was hastening
the catastrophe his death; and
still he waked not! In all proba
bility, the fellow was not awaken
ed until the continued rising of the
tide pressed the boat against the
top of the wharf, and forced the
water in upon him There whs'
no way of escape he was boxedl
up, as it were coffined alive! i
The agonizing cries of the wretch
ed man, as the horrible conviction
of his inevitable death presented!
itself, was heard by the watch, but
ere assistance could reach him,
lite waters had closed over him!
furever. jV. I'. Sun.
fjCThe "Lady Proliant," Mrs.
Warren, of Baltimore, has come
down front ihe skies safe, and says
she was delightfully pleased with
her ride and free from all appre
hensions. She was carried over
the Chesapeake Bay, and arriv
ing over Chestertown on the Eas
tern Shore, concluded, as it was
dusk, to descend to terra firma,
which he readily did by opening
one of the valves. JV. Y. Star.
fixing the fees of-the Clerks oJhe County and Supe
rior 'Courts and Sheriffs'1 fees.
(Passed by the General Assembly of North Carolina, in 1830.)
Be it tnactcd by the General Assembly of the State of North Caro
lina, and it is hereby enacted by the authority of the same, That from
and after the passing of this act the Clerks of the several County Courts
a this State shall receive the following fees, and no other, viz:
For every leading process returned to the first court, including
all services, lonpthpr with dismission or final judgment, where
, - - 0 .
either happens at the return court, - $l
For every indictment, -each
roreverv rpfprpirp nr rnntiniianre of 011V Case,
Forpvorir '...A i ho i-niiirn ronrt.
For every subpoena, provided the party insert no more than four
witnesses in the same, -
for every execution or order of sale, -
tor pv., -..... -:... ..,t.:.-rr liprp'm contained shall
cry scire lacias, iproviueu nounu u.-...
te construed to repeal any part of the actbf 1828, allowing
half fees in cases of scire facias.) " " .
every copy of record, 5 cents for each copy sheet of ninety
words v,i:., r.., cIipp!5? and 3 cents for each
Py sheet after five: Provided, that the total amouut ol lees
charged for any one record shall not exceed $5.
l tjr every order .or rule foreign to the cause, with a copy of the
same if required, - - - -
' or copy of a will, 5 cents for each copy sheet of ninety words,
.nl exceeding five copy shets, and 3 cents for each copy sheet
after five: Provided, that the total amount of fees charged for
ta copy of any will shall in no case exceed $5.
For proving and recording at length in bound books kept for
that purpose, and filing an inventory account of sales or ac
count current, exhibited by an executor, administrator, or
guardian, or for search and certificate of the amount thereof,
it the estate be under $200, the clerk shall be entitled to re
ceive for his fee, 20 cents; if above $200 and under $1,000
-40 cents; if above $1,000, 75 cents, and no more.'
b or entering on the minutes the probate of wills, qualifying exe
cutors making certifrcates and recording the will in a bound
book kept for that purpose, - ' . ' "
For granting administration, taking bond and all other services
thereio, - ... ,
For every marriage license and bond, - -
For every search of record out of court, - -
For proving or entering ihe acknowledgment of the conveyance
of lands or other estate, and certifying the same, with order of
registration & examination of a feme covert without commission,
For proving or taking the acknowledgment of a deed or power
ol attorney, and certifying the same, including order of re
gistration, - - - - .
For every commission to examine a feme covert,
For every commission to take testimony,
For every guardian or other bond taken in court,
For every indenture for binding apprentices-,
For every special verdict or demurrer or motion in arrest of
For every writ of error or appeal, with a transcript of record, 1
F or every certifieateof witnesses' or jurors attendance,
For allixing the seal of ofiice and writing the necessary certifi
cate on any instrument of writing requiring the same,
For every certificate without the seal of office, and when the
same is not otherwise directed to be paid, 20 cents: Provi
ded, that this shall not authorise the Clerk of the Court of
Pleas and Quarter Sessions for Craven county to charge any
fee for a certificate given according to the provisions of an art
lo regulate thefinances of Craven county, passed A. D. 182S.
For recording a mark or brand, and giving a certificate thereof,
For issuing warrant on entry of land by order of court,
For enrolling divisions of estates, for each lot, . . -
For taking and recording every prosecution bond,
For every certificate of tavern license and (bond, with copy of
rates, - - - - . - 1
For taking an account, such sum as the court nwy allow, not ex
For every subpoena founded on petition, -
For every petition, by ihe copy sheet, - -
For ever3' writ other than leading process or subpoena ad testifi
candum, - - - - -
For every order of court authorising the sheriff lo issue a li-
euse to retailers, - - .
For correcting an error in patent, - - -
For recording processioner's certificate,
For every search of entry taker's books, -
For every copy of location from entry taker's books, -For
docketing constables' levies, including all services in court, I
For filing schedule bond, and all other services in court without
trial by jury, - - 1
For trial of issue on schedule bond, 75 cents; and the creditor
at whose instance the issue is made up, shall be bound to pay
the taxed costs of the issue if ihe defendant be discharged by
For declaration of a foreigner wishing naturalization, cop& seal, 1
For final entry of naturalization, copy of the same, and seal, I
For docketing appeals and enlrj'. of plea or default,
For every guardian noiice for renewal of bonds or settlement of
accounts, - - , - ' -
II. Be it further enacted, That the clerks of the Superior Courts of
jaw in this Stale shall, for like services, receive the same lees as are
by this act allowed the clerks of the County Courts, and no other.
11!. lie t jurlher enacted, That any clerk who snail tail or neglect
lo record, in a well bound book or books to be kept lor that pur
pose, all last wills and testaments, inventories and accounts of sales,
and accounts current ot executors, administrators and guardians,
within six months from the lime of their probate, shall be liable to
ati indictment in any court of record within the county wherein he
held the office of clerk; and upon conviction, shall be fined at the
discretion of ihe court.
IV. lie-it further enacted, That at each term of the County Courts
in this State, which shall be held after the first day of May in each
year, it shall be the duty of the Justices present to appoint Two or
more of their bodv lo examine and ascertain if all the wills and tes
taments, inventories and accounts of sales, and accounts current of)
executors, administrators and guardians, wnicn nave ujen aurtmieu
to probate within the preceding year, have been duly recorded," and
report to their next Couri; and in case any failure shall be discover
ed, it shall be the duty of the county attorney, at the succeeding
court, to institute a prosecution against the clerk.
V. Be it further enacted, That whenever a court shall make an or
der of sale of lands levied on by a constable or other officer, in pur
suance of an execution issued by a justice of the peace, no attorney's
fee shall be taxed, nor any other'fees for clerks or sheriffs than those
prescribed by this act. '
VI. Be it further enacted, That no clerk of any County or Supe
rior Court shall be entitled to charge any fee for any capias ad res
pondendum, issued during term lime, returnable iustanter, unless
such capias be executed. , ,
VII. Be it further enacted, That in all Slate cases, where there
shall be a nolle prosequi etitered, or the defendant shall be acquitted
or convicted, and be unable to pay costs, and Ue court shall not order
the prosecutor lo pay the costs, the counties shall pay the clerks and
sheriffs half the fees allowed by this act, except in capital or clergy
able felonies, or prosecutions for forgery, perjury and conspiracy.
VIII. Be it further enacted, That in all civil suits and indictments,
hereafter tried or disposed of, either in the County or Superior Courts,
the party or parties cast or convicted, shall pay a tax fee ot one dol
lar- which several sums the respective clerks shall pay over to the
county trustees within three months after ihe same shall be received
bvthem: Provided, nevertheless, ihe plaintiff in. civil suits shall not
be required to pay a tax fee on writs as heretofore: and provided fur
ther that the provisions of this section shall not extend to the county
of Nash or Beaufort; and in the county of Beaufort, no other tax on
suits or indiclooents shall be collected, except those fixed by the act of
the last session, providing compensation for the jurors of said county.
IX. Be it further enacted, Thai the several Sheriff in this Stale"
shall receive ihe following lees, and no other, viz:
ior every arrest, - - .
For every bail or replevin bond, - -
For service of a copy of declaration Jn (joctment, -For
service of subpoena, with a copy of petition,
For serving a copy of declaration, - .
For service of every scire facias, CO cent: Provided, nothing
herein contained shall repeal any part of the aet of ISiJS, al
lowing the Sheriffs half fees in cases of scire facia.
For service of noiice lo arbitrators, referees or commissioners to
take an account, - - - -
For every attachment levied, 75 cents; and if fuither trouble by
moving of goods, lo be taxed by the court.
For every replevy bond upon such attachment,
For eveiy subpoena served, for each person named therein,
For pulling a person in the stocks or pillory, -
For every commitment, - - " . . ; -
For every release, - -
For summoning commissioners to divide real estate, and for
qualifying il.em, to be paid in tqual portions by the claim
ants, 30 cents.each.
The fees for keeping each criminal in j dl, per day, to be allow
ed and fixed by each County Court as now dirtcled by law.
For every noiice to lake depositions, ...
For summoning, empannelling and attending o every jury, in
every cause in court, and calling the same, 10 cents. Where
a special venitc shall issue by older of court, lor summoning
each juror, SO cents.
For serving and attending on any person on a habeas cornus.
per ilsy, . - - ...
For selling the estate of an intestate, to be allowed by the
court, not exceeding two and a hall percent.
For executing a warrant of distress, or an execution against Ihe
i :i . i f
ouoy, iwo aim a nan per cent.
For all monies collected by himjiy virtue of any levy, two and
a half per centum, and the like (Commissions for all monies
that may be paid the plaintiff by the defendant while sich
precept is in the hajuls of said sheriff.
For every writ of possession, - - . j
For every levy by virtue of an execution,
For the execution and decent burial ol any criminal, - 10
For services of equity process and incidental thereto, the same
fees as for the like sei vices "at law.
For maintaining any slave or other properly, or any criminal
seized by virtue of any legal precept, such sum as may be fix
ed by the County Court in each county in this State.
For apprehending any criminal, i
For conveying any criminal lo the fail where such ciminal
ought to be conveyed, 10 cents per mile, and 5 cents for each
person composing the guard, provided the number shall not
exceed four persons; and if more than four shall be absolutely
necessary, 2 cents per mile for each of said guard.
For each day the sheriff shall maintain said prisoner he shall re
ceive 50 Cents. ,
The 'expense shall be paid by the respective counties, if such
prisoner shall not he liable or able to 'pay the same.
X. Be it further enacted, That no sheriff of any county in this
State shall charge a commission on any monies collected on an exe
cution issued by a justice of the peace, nor any other fees than those
allowed by law lo constables for similar services. ;
XI. Be it further enacted, That sheriffs of the respective counties
in this Stale shall hereafter collect and receive all fines, amercements,
forfeited recocnizauces and forfeiture on Denal statuips: imnncprl t,t
judged or decided by any of the courts in this Slateand all sums of
money. oy litem so collected and received, shall pay over lo the respec
tive county trustees or wardens entitled to receive the same, within
three months after such monies shall be so collected and received
XII. Be it further enacted, That the said sheriffs shall return a trans
cript at the time of settlement with the trustees, which shall contain
the names of all persons from whom fines, forfeitures and amercements
shall have been collected, &t the amount from the persons so received.
XIII. Be it further enacted, That ihe clerks of ihe several courts
within this State sfeall annually, on or before the first day of Janua
ry in each and every year, make a full and complete return to the
respective county trustees of all tax fees, fines, forfeitures and amerce
ments which shall have been imposed, adjudged or decreed in the
preceding year, as well as the names of the persons who shall havp
paid fees, as of all those who have been fined, amerced or adjudged
10 nave lorietieu tneir recognizances.
XIV. Be it further enacted, That the sheriff shall receive 60 cents
for summoning each guardian to renew his bond or to settle his ac
counts; which sum shall be paid by such guardian.
XV. And be it further enacted. That it shall be the dutv nf th
clerks of the County and Superior Courts to keep a copy of this act
posted up in their respective ottices and its the court house, in some
conspicuous place, during the silling of each court, under a penalty
of fifty dollars, to be recovered before any justice of the peace by
any person suing for the same.
XVI. Be it further enacted, That the provisions of this act shall
not affect any private act passed for any county in this Stale in rela
tion lo the fees of clerks and sheriffs, or shall be so construed as lo give ,
ihe clerks &i sheriff any claim to either whole or half fees fas nrovided
iu the seventh section of this act acainst those counties w hich were ex
empted fr&m the payment of such fees before the passage of this act.
AY II. tteiljurther enacted, lhal nothing herein contained shall
be so construed as to nrevent the several Couniv Courts of this Stat
from making just and reasonable allowances to their sheriffs and
r c : i.l. i i f . .11 .'
cieriis lor pertormitig wnai uas uereiotore Deen called extra services,
as now aulhorised'by law.
XVIII. And be it further enacted. That an act. nassed at the last
session of the General Assembly of the State of North Carolina, en
titled "An act Iixing the lees ol the clerks of the County and Superi
or Courts and sheriffs' fees," and all other acts coming within the
meaning and purview of this act, be, and the same are hereby re
pealed: Provided, that nothing herein contained shall be so construed
as to exempt any cleik or sheriff from any penalty which he or they
may have incurred under the aforesaid act, passed 1829.