(General 3lssem!jty
CAPTIONS OF THE LAWS,
Enacted by the General Assembly
of North-Carolina, at its ses
sion in 1828- -29.
PUBLIC ACTS.
1 An act to alter and amend
the act of 1827, concerning the
Public Treasurer. Suspends,
during the session of the Legis
lature, the provisions of the act ofl
1827, which requires the 1 rcasu
rer & Comptroller to have month
ly settlements.
2 For the inspection of steam
mill timber. Provides that tim
ber shall not hereafter be inspec
ted, by inspectors belonging to
the steam mill as formerly, but by
the town inspectors.
3 To amend tiie act of 1800
concerning - wrecks. Persons
taking wrecks in the sea made li
able to the same penalty as taking
them on land.
4 To amend the act of 1820,
chapter 1045, extending the ju
risdiction of justices of the peace.
Gives jurisdiction to justices o
ver all liquidated sums where the
principal does not exceed 100
dollars.
5 For the taking of depositions.
Provides that the Court, where
cither party to a suit may require
the testimony of the Governor,
lreasurer, Comptroller, Secreta
ry of State, Judges of the Supreme
and superior Courts, Attorney
General and Solicitors in this
State, may issue a commission to
take their depositions, to be read
in evidence in said suits; and pro
viding further that depositions
taken in a court of law shall be
passed upon by the clerk of said
court in the same manner as they
are passed upon by clerks and
masters in chancery.
6 Amendatory of the law res
pecting dower. Giving the
wife dower in an equity of re
demption whore there is no valid
incumbrance.
7 Amending the 9th section of
the act of 1816, chapter 093, for
the more convenient administra
tion of justice within this State.
Provides that a majority of the
justices of the County Courts
shall be requisite to make an or
der for dispensing witli jurors;
and that whenever a majority of
the justices shall concur in order
ing that jurors bo so dispensed
within two of their said courts,
it shall not be in the power of a
less number of said justices to
rescind such order.
8 To determine how surveys
of land shall be made to enable
surveyors to obtain grants from
the State, and to confirm grants
heretofore made to surveyors and
deputy surveyors in certain cases.
When a county surveyor shall
wish to have lands surveyed in
the county where he acts as prin
cipal surveyor, for the purpose
of obtaining a grant from the
State, the County Court shall ap
point a person to make the survey,
nnd the entry taker shall direct
his warrant of survey to the per
son by name authorised to sur
vey. Grants of land heretofore
made to surveyors and deputy
surveyors, confirmed under cer- ecutor or administrator shall su-
9 More effectually to enforce
the payment oftaxes trom free ne
groes and mulattoes. Provides
that the owners of lands, on which
free negroes and mulattoes reside
with their permission, shall be li
able for the public, county and
parish taxes of said free negroes
and mulattoes, and for refusal or
neglect to give them in as free
polls in their list of taxable proper
ty, the owners of land as afore
said shall be liable to the same
penalty as for a neglect or refusal
to give in therr own list of taxable
property.
10 In addition to the acts con
cerning Divorce and Alimony.
Gives the Superior Courts of law
jurisdiction in all applications for
alimony; and where an applica
tion is made for divorce and Ali
mony, the court may decree ali
mony alone to continue as long
as the justice of the case may re
quire. Provides further, that
when a man becomes an habitual
drunkard and spendthrift, it shall
be lawful for the wife to claim,
and the 'court to decree alimony;
and secures to the wife, where
any decree shall be made, such
propcrtv as she may acquire.
11 Erecting the county of Ala
con. 12 In aid of the Clubfoot and
Ilarlows Creek Canal Company.
Makes to the Company a furth
er loan ofG000 dollars, under the
same rules, regulations and res
trictions as the loan of 182G. -
13 Amending the act to pro
hibit the trading with slaves.
Prohibits any white person from
selling to a slave any fire arms,
powder, shot or lead, under a
penalty of 100 dollars; and also
declares such trading to be an in
dictable offence. It also provides
that if any free negro or mulatto
shall trade in the above enumera
ted articles, he shall, on conviction,
receive 39 lashes.
14 Repealing in part the 3d
section of the act of 1806, enti
tled an act to revise the militia
laws of this State relative to in
fantry, and to repeal the 9th and
10th section of an act passed in
1813, entitled an act to amend
the militia laws of this State.
Repeals so much of the first re
cited act as inflicts the penalty
of 2 shillings and G pence for fail
ing to have a pouch and powder
horn on the days of musters; and
repeals the 9th and 10th sections
of the last recited act; and pro
vides that this act shall not be so
construed as to prevent the colo
nels from drilling their officers on
the day previous to the general or
regimental musters.
15 Amending the law with re
spect to the collection of debts
from the estates of deceased per
sons, and the law in relation to
the levying of executions issued
by justices of the peace. (Pro
vides that where an executor or
administrator shall be warranted
on any demand against his testa
tor or intestate, before the expira
tion of nine months from the time
of-his taking upon him the office
of executor or administrator, the
magistrate shall endorse thereon
a postponement of the trial until
the expiration of said time; that
on the trial of a warrant, if an ex-
on account of a deficiency of as-
tarn conditions.
I gest that he has a defence to make
sets, the magistrate shall note
such suggestion on the warrant,
give judgment thereon if the plain
tiffs demand be just, and return
the same to the County Court,
where the defendant may plead
as though the suit were returna
ble to the said Court. The exec
utor or administrator, where a
suit is brought against him, shall
not be compelled to plead till after
the expiration of nine months.
No execution on the judgment of
a justice shall be levied upon the
lands of heirs and devisees.
Where an execution, issued by a
justice, is levied on the lands of a
defendant, said defendant shall
have five days notice before the
term to which it is returnable. If
an infant heir or devisee, against
whom a judgment has been ob
tained on a scire facias against
the real estate, has a general or
regular guardian, said guardian,
if the interest of the infant require
it, shall obtain an order of sale to
sell so much of the infant's estate
as will satisfy said judgment, and
proceedings thereupon shall be
staid 18 months; and if the infant
have no guardian, the proceedings
shall be staid for 18 months after
a guardian has been appointed, or
for one year after his arriving at
full acre. The commencement of
a suit against an executor or ad
ministrator shall not create a lien
on the goods of the deceased.)
1G Appropriating 8920 dollars
for improving the navigation o
the Cape Fear river below Wil
mington. (Appropriates the said
sum out of the fund for internal
improvements.)
17 Regulating costs in petitions
for dower and partition. (Pro
vides that the court, to whom the
petition is preferred, may decree,
at their discretion, by whom and
in what manner the costs shall
be paid; and that a larger attor
ney's fee than four dollars shall
not be taxed in the bill of costs.)
18 Authorising the Court of E
quity to grant administration in
certain cases. (Where a person
dies intestate, having mortgaged
personal estate, and no adminis
tration shall be taken out, the
Court of Equity is authorised to
appoint a special administrator.)
19 Validating all grants issued
by the Secretary of State on sur
veys made and signed only by de
puty surveyors previous to the
year 1820."
20 Amending the act of 1823,
entitled an act to amend and ex
tend the provisions of an act, en
titled an act to promote agri
culture and family domestic man
ufactures. (Provides that clerks
of courts in this State, six months
before they make a return to the
Public Treasurer .of monies re
maining in their hands under the
act of 1823, shall post up at the
court house door a list of such
monies, with the amount payable
to each person; and for failing or
neglecting to do so, shall forfeit
20 dollars.)
21 Amending the act, entitled
an act to amend the act respect
ing lands sold for taxes, passed
in 1819, chapter 100G. (Provides
that every Clerk or Sheriff, who
shall omit to perform the several
duties enjoined by the aforesaid
act, shall forfeit 100 dollars, and
be liable for such damages as may
be sustained by the owner of the
lands in consequence of an irrc
ularsale.) b
22 Extending the provisions of
the act of 1822, granting further
time to perfect titles to land with
in this State. (Extends the time
to the 1st January, 1831.)
23 Amending the- act of 1821,
to promote the administration of
justice in the State, by requiring
the production of papers in cer
tain cases. (Provides that the
County Courts shall have -the
same power to require parties to
produce books or writings, as the
Superior Courts.)
24 Explanatory of the act of
1810, relating to bonds given by
sherifFs and clerks of the Superior
and County Courts. (Provides
that all suits on bonds of clerks
and masters in equity if the right
of action has already accrued,
shall be commenced and prosecu
ted within three years after the
passage of this act, and all suits,
where the right of action shall ac
crue hereafter, shall be commen
ced within six years alter the right
of action shall have accrued sa
ving the right of infants, feme co
verts, and persons non compos
mentis, so that they sue within
three years after their disabilities
are. removed.)
25 Regulating the payment of
salaries to the officers of State.
(Authorises the Governor, Judges
of the Supreme Court, Secretary
f of State,Public Treasurer, Comp-.
troller, Governor s Private Secre
tary, Clerk of the Treasury De
partment, State Librarian, and
keeper of the public build ings, tcv
receive their salaries quarterly.)
2G Providing for the protection
of the arsenal and safe keeping of
the public arms, and for other
purposes. (Authorises the Adju
tant General to employ some per
son to secure the windows in the
State arsenal with grates; and to
call in and remove the public
arms to this place, in such propor
tion and with such reservations to
the towns and companies as the
Governor may direct. Directs
the Adjutant General to appoint
a keeper of the arms, with a sala
ry not exceeding 60 dollars per
annum.)
27 Amending the act of 1823,
chapter 1235, entitled an act to
amend an act, passed in 1819, to
create a fund for internal improve
ment, and to establish a Board
for thegovernment thereof. (Re
peals so much of the 2d section
of the said act as authorises the
employment of a Civil Engineer.)
28 Authorising the time of
payment of purchase money on
entries of land made in 1320.
(Extends the time to the 31st of
Jan. 1829.)
29 To ratify and confirm t lis
sale of the land and negroes con
veyed to the Governor for the use
of "the state, as made by the com
missioners to superintend the sale
of the property for the late Trea
surer. 30 To restrain the justices of
the County Courts in granting
licenses to retail spiritous liquors.
Provides that licenses shall not
be granted to any but a free white
person of good moral character,
to be testified to by at least twe
witnesses.