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Tarboro' press. volume (Tarborough, (Edgecombe Co., N.C.)) 1835-1851, October 07, 1837, Image 1

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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. Miscellaneous. 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 smoke, I thee as I would a wife When donning first the nuptial yoke: - 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 me. 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 there: r 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 dreams 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. 80 80 75 10 20 20 25 25 60 CO 30 00 10 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. AN ACT, 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 recognizance, - 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 OO 60 20 30 75 tor 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. 15 35 60 20 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 judgment, ...... 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 ceeding $50. 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 the court. 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 10 40 20 40 00 50 10 75 80 40 20 10 10 00 00 50 50 80 60 75 25 no 60 10 30 25 HO 50 SO SO 1 50 00 75 00 00 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. (SHERIFFS' FEES.) 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.

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