Page 6-A
This Is The Law By Robert E. Lee
< Sponsored by The Lawyer*
of North Carol!**)
LEGITIMACY OF CHILD
John and Mary Jones have
been married for a number of
years. If the marriage is
terminated by divorce or the
death of John, how long
afterwards is a child bom to
Mary considered the legitimate
child of John?
A child bora during wedlock
or within a competent time
Tagged Fish
Worth Honey
It looks like the herring run
this year will be a bust, but one
herring fisherman had a small
piece of luck recently.
Nathan Bridges of Windsor,
caught a $25 herring in the
Cashie River with a bow net,
according to an official of the N.'
C. Division of Commercial and|
Sports Fisheries.
The fish had been tagged 28
days earlier in Croatan Sound
by Fisheries Division biologists.
The biologists are studying
migration habits of the herring.
The fish had traveled 83 miles.
The biologists tagged 6,300
herring this season. So far 40
tags have been returned.
Rewards for tag returns usually
are $1 each, but there are some
$5, $lO, and $25 tags.
Arrows were shot into the
air by South American In
dians during an eclipse to
frighten the sun into shining
again. (It always seemed to
work, too!)
LOSE UGLY FAT
Start losing weight today or money
back. MONADEX is a tiny tablet
and easy to take. MONADEX will
help curb your desire for excess
food. Eat less - weigh less. Contains
no dangerous drugs and will not
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exercise. Change your life... start
today. MONADEX cost $3.00 for
a 20 day supply. Large economy
size is $5.00. Also try AQUATABS:
they work gently to help you lose
water-bloat. AQUATABS -a "water
pill" that works 53.00. Both
guaranteed and sold by:
MHchencr's Pharmacy
edenton
Mail Orders FHW
Add 35c Tax and Posts#*
LARGE WOODED LOT
CAPE COLONY
PRICED TO SELL
OTHER LISTINGS
Telephone 482-2101
R. Elton Forehand Agency
SHOP I. N. S.i
AT ]
W. E. S. i
■<
GWALTNEY \
SMOKED PICNICS lb. 59ei
GWALTNEY i
BACON lb.B9cj
GWALTNEY , J
FRANKS pkg. 69c<
KRAFT'S » (
ORANGE JUICE </ 2 gaL 69c!
KRAFT'S MIRACLE WHIP !
SALAD DRESSING .... .qt 89c!
♦ GIBBS LARGE CAN
♦ PORK AND BEANS....can 55c
♦ CORNED BEEF HASH, can 69c
♦ • OZ. PILLSBURY BUTTERMILK
i BISCUITS 4 cans 49c
MIGHTY HIGH STRAWBERRY
SHORT CAKE each 98c
TRY US FOR FRESH MEATS AND
HOMEMADE SAUSAGE
W. L Smith's Store
BOCKY BOCK SSCTtOH
[ Phone 221*4031 - Edenton, N. C.
thereafter 1$ presumed
legitimate.
This is one of the strongest
presumptions known to the law.
and can only be rebutted by ir
responsible evidence show
ing that: (1) the husband
was impotent (lacking
the capacity for 1 sexual ,
intercourse); or, (2) the
husband could not have had
access to the mother during the
period when conception must
have occurred, or, (3) by blood
grouping tests which indicate
that it would have been
impossible for the husband to be
the father of the wife’s child.
In determining what is a
“competent time” subsequent
to the termination of the
marriage, the law has not
arbitrarily fixed a cut-off date.
It has, instead, created a group
of presumptions.
In the absence of evidence to
the contrary, it is said that a
child born within ten lunar
months, or 280 days, after the
death of the husband or the
granting of a divorce decree is
presumed legitimate.”
If a child is bora more than ten
lunar months, or 280 days, the
presumption is that the child is
illegitimate.
In a case before the Supreme
Court of North Carolina in 1959,
a child was bora to a woman 322
days after the death of her
husband. The woman had not
remarried. She testified that the
child was the child of her
deceased husband, who had
died without a will, leaving only
personal property.
The Supreme Court said that
in the absence of evidence to the
contrary, the presumption was
that the child Was illegitimate
and did not inherit any of the
personal property of the
woman’s deceased husband;
but that this presumption could
be rebutted by evidence tending
to show that the deceased
husband was in fact the father
of the child.
The burden of proof rested
upon the child to establish by
the greater weight of the
evidence that the deceased was
the father. The Supreme Court
said that the testimony of the
wife was sufficient evidence to
require the submission of the
the question to a jury.
NARFE MEETING
There will be a meeting of the
National Association of Retired
Federal Employees Friday,
2:30 P.M. in the REA Building,
Hertford. All federal retirees
are urged to attend.
At a retrial of the ease in the
Superior Court, a physician,
Socialising in internal*
medicine, testified that there
are'medical records of thousand
of children having been born
after t gestation of more than
322 days, and that a 322-day
baby, while being considered
uncommon, was not
extraordinary. The jury found
in favor of the legitimacy ot the
child.
Agricultural
News
N. C. POULT HATCH
UP 26 PER CENT
Heavy breed poults hatched
during the week ended April 27,
1974 totaled 451,000—an
increase of 26 per cent from the
357,000 hatched during the
previous week. Eggs set during
the week totaled 608,000, an
increase of 38,000 eggs or 7 per
cent from the previous week. A.,
distinction between heavy and
light breed eggs set could not be
published this week to avoid
disclosing individual
operations.
EIGHT STATE HATCH
DOWN 6 PER CENT
FROM LAST YEAR
In the eight states that have
comparable data for the
previous year, poults hatched
totaled 3,121,000, down 6 per
cent from last year and down 7
per cent from the previous
week. Heavy breed poults
hatched totaled 2,733,000, down
11 per cent from last year and
light breeds hatched totaled
388,000, a 52 per cent increase
from last season at this time.
Eggs set during the week in
the eight states totaled 5,206,000,
down 6 per cent from last year
but up 4 per cent from last
week. Heavy breed eggs set
numbered 4,783,000, down 8 per
cent from last year and light
breed eggs numbered
1 423,000 a 35 per cent
increase from last year.
EGGS SET IN
NINE PRINCIPAL
STATES UP 4 ,
l PER CENT
' For the nine principal states,
! eggs set during the week ended
April 27, 1974, totaled 5,814,000,
up 4 per cent from the previous
week. Total poults hatched in
the nine states totaled 3,572,000,
down 4 per cent from the
previous week. The total hatch
included 3,184,000 heavy breeds
and 388,000 light breed poults.
Social Socarity Adataistratioa Nows
By: DON MORRIS
Field Representative
Some employers won’t hire
people unless they have a social
security number so students
and others planning to get
summer jobs should apply for a
number now if they don’t
already have one.
Delaying your application
might prevent your
employment or cause you to
lose time and wages in a job
requiring a social security
number. When you don’t recall
having had a social security
number before, your
application is screened against
central files in Baltimore to
make sure a second number
isn’t issued to you—and
screening takes time.”
You should apply for your
social security number at least
several weeks before you need
it for a job. You can get
information about applying by
calling, writing, or visiting any
WOMAN’S DAY SPEAKER
Pi. injwfcalti t v*~~ **—Nd»wf n, N. C.
2nd Sunday In May, Mother’sDajrandWojwtfi
Day combmed, Shiloh Methodist Church, Wind
sor, N. C. \
3rd Sunday to May, Woman’s Day, Shitahßap-
EM
1—
Coastal Act
Caution Urged
WASHINGTON—The
controversy surrounding North
Carolina’s recently enacted.
Coastal Management Act has
been cited here before a
congressional committee as
justification for a “go slow”
approafch to federal land use
legislation.
The North Carolina Forestry
Association has released a
statement presented on its
behalf last week to the House
Environment Sub-Committee
relative to H. R. 10294... the so
called Udall Land Use Bill. The
measure would impose
stringent controls on the use of
private lands throughout the
Nation.
John H. Weatherly of Newton,
„ spokesman for the Tar Heel
forestry group, urged that field
hearings be scheduled on the
proposed legislation prior to
consideration on the floor of the
. House. He cited the State’s
experience during the recently
adjourned General Assembly in
urging caution.
“As introduced,” Weatherly
told the congressional
subcommittee, “the Coastal
Management Act directed
policy and authority from the
state level. As enacted, the local
elected officials will largely
determine policy aqd
administer provisions of the
Act. The issue was state versus
local control,” Weatherly
stressed.
“Local people were appalled
to learn that non-elgcted
appointees from one hundred
miles away,who owned no local
and and paid no local taxes,
were going to dictate what was
to happen to local owners’
property rights. Opposition to
that kind of control was
vigorous. Response by
legislators was dramatic,”
Weatherly said..
In its final form the new North
Carolina law provides for
strong local imput relative to
land use restrictions in coastal
areas of environmental
concern.
HONORED AT ELON
Curtis Leary of Edenton was
named recipient of the “Blue
Chipper” award at Eton
College. Leary was among a
total of 32 Elon male and female
athletes receiving honors
Tuesday night at the All Sports
Banquet. Leary has been an
outstanding grid star at Elon.
social security office.
A worker builds disability,
survivors, retirement, and
Medicare protection by work
and earnings credited to his
social security number . He gets
credit if he’s paid SSO or more in
a 3-month calendar quarter in
work covered by social
security.
More than nine out of 10 jobs
covered by social security.
Your social security number
is yours alone and remains the
same for life. When you get a
job covered by social security
be sure you employer copies
your name and number
correctly from your social
security card to his records.
People applying for a social
security number for the first
time may be asked to prove
their age, identity, and
citizenship.
The Elizabeth City social
security office phone number is
338-2161.
Weekly Legislative Summary
Continued from Page 5
building at ECU and to plan for
the med school’* expansion. The
legislature also agreed to fimd
the Board of Governors area
health education centers
program but without money for
resident housing.
Early in the session the House
voted for removal of the
property tax on business
inventories, and late in the
session proposals to remove the
sales tax were revived but no
major tax changes made it to
ratification. Most of the tax
legislation considered centered
on the property tax,which was
predictable since those statutes
,had been subject to
considerable revision in 1973.
Veterans organizations and
groups like the Masons received
exemptions, as did pet dogs, and
churches had the process
simplified for them to be
exempted. Banks will now be
taxed under the corporate
income tax statutes.
In a matter that stirred
considerable controversy, it was
decided to remove the statutory
limits on interest rates for first
mortgage home loans. The
rates will be determined by
market competition for the next
year.
The severe local shortage of
gasoline helped spark a flood of
legislation concerned with the
energy crisis but very little of it
was enacted. In fact, of the
almost three dozen bills that
might be said to be in response to
the energy crisis, only five were
finally enacted and two of those
were resolutions. A new Energy
Division was already created
within the Department of
Military and Veterans Affairs
(affirming an already
accomplished fact), the
Governor was given some
additional authority to deal with
road blockades, and county and
city authority to cooperate in
mass transit systems was
expanded, but almost every
other proposal was rejected.
Last year, the first with a
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Republican Governor and
Democratic legislature, there
had been considerable
discussion of personnel
matters, and the interest had
continued in the interim with
the appointment of a special
Senate committee to investigate
administration hiring and firing
policies. But little of what was
proposed ended up being
enacted. The legislation to
create a new commission to
supervise the Highway Patrol
died for lack of action, as did
proposals to transfer the
Department of Correction to the
Attorney General and to have
the Secretary of Transportation
made an elective pffice. None of
the Mils prepared by the special
Senate committee were passed.
On the last day of the session the
legislators did ratify a bill to
remove the State Board of
Elections from the control of the
Secretary of State and make it
an independent agency with the
powers of a principal
department. On the day before
final passage a provision was
added to extend the
appointment of the present
Executive Secretary of the
State Board until May 15, 1977.
Other new legislation
The other new legislation
passed by the 1974 General
Assembly covers the usual broad
range of subjects. Some has
been previously discussed and
will not be mentioned again
here. As usual, many of the bills
considered had to do with the
motor vehicle law. In addition
to an extensive revision of the
rules of the road, legislation
was enacted which will allow
right turns on red lights unless
WALLACE REAL ESTATE SCHOOL 1
“Dedicated to the Improvement of Professional Standard *”
(ACCREDITED BY THE N. C. REAL ESTATE LICENSING BOARD)
ANNOUNCES
A six week course In the "FUNDAMENTALS OF REAL ESTATE.” The
first class will meet at 7:00 P. M. Monday, May 13th at the American Legion
Building on St. Andrews Street in GREENVILLE, N. C. (across from the Beef
Bam and just off 264 Bypass near Nichols Discount). Classes will meet each
Monday and Wednesday from 7:00 to 10:00 P. M. The first class Is FREE!
Satisfactory completion qualifies you to take the N. C. State Brokers Exam.
Age or sex no barrier to success!
Qualified instructor has over 20 years experience in the brokerage, apprais
ing and teaching of real estate.
JACK WALLACE Lawyer*' Bldg. Greenville, N. C.
* tort#r
the local government prohibits
it by ordinance and poets a sign
to that effect (beginning July l).
Starting June l, drivers who
have not been convicted of or
received a prayer for judgment
continued for a driving offense
within the pr seeding four years
will be exempted from taking
the written or road test to get a
license renewed. Next January
Ist, state law will prohibit
raising or lowering the front or
back end of a vehicle over six
inches without the prior written
approval of the Commissioner
of Motor Vehicles. And a
bill passed which directs the
Department to start switching
to auto tags usable for more
than <me year.
The major criminal law
legislation other than the
pretrial code and capital
punishment was the new anti
obscenity law to go into effect,
on July 1. The bill makes
prosecutions easier in that
community standards are to be
taken into account in
determining what is obscene
(as permitted by a Supreme
Court decision last year) but
the requirements for hearings
before taking action were
tightened. A new offense of
extortion was enacted but the
common law crime of suicide
was abolished, the effect of
which is also to abolish the
crime of attempted suicide. An
Inmate Grievance Commission
was created for the Department
of Correction, and pro
cedures were established for
removing records of
misdemeanor drug possession
offenses for those under 21 who
are found innocent or have the
charge dismissed. The powers
Thursday, May 9, 1974
of the state Drug Authority
were also rgStaoi but proposals
The 1973 statutes on volutfifyA
and-involuntary UMfoqil £
commitments and on mental I
patients’ rights were rewritten '
to remove many of the objec
tions of those faced with
administering the jaw,
generally to loosen the
procedural requirements. -
As seems to happen «icb
session now, the statute*" on
residency for puposes of tuition
at state universities was once
agaty rewritten.
A variety of new legislation is
concerned with children with |
particular problems. A
- was established to £
deal with the problems of p
children with special needs, as -
was a council for exceptional
children. For juveniles who get
into trouble, legislation was ~
enacted to create a system of ,
homes to replace jails as places .
of detention, and the duties of
the Administrative Office of the .
Courts to provide a uniform
system of juvenile probation
and aftercare (to be Jhe ,
responsibility of a new division '
in the AOC) were spelled nut.
The revision of the .
administration of estates :
statutes finally passed, as did a ;
new administrative procedure
act. The state’s tort liability was
raised and the statutes on
making wine and beer for one’s
own use were loosened. Use of
welfare lists for political ;
purposes was restricted and a
statute was added prohibiting
the denial of credit to a woman
if a man would have received-it
under the same circumstances.