North Carolina Newspapers

f ' 9 V 1 11 - v' ' rHALEIGU, (N;C.) FniDXT, MARCU S, -18X7,;-vT: ;.C'OTolVII.r,- - . , I 1 : ...... V ..,-,-, , J No lmys op .soutuxamuna;,; ZmrJ In tr. ,CBV AUTHORITY) AntrtU tiplan Mt Of 1M tiiaaiii amuow, awncv we raw m uw I Bid erUuuro4 m4 tnfHi owtJail M A rt U Utt Coaatr I Co4 lArMUMaWMrMarte4WrtfiotW al Kxmter aoarW I tf peutfa- tbelrseariiiea,',") - " --.-.-..,. I ie if enacted by lAe General Anenbly y lh4 Saf AVfA Carolina, and it ft hereby edd ied by the authority tf the tame, fThal the provi-ms of the before recited act. do and shall ex tcad to administrators miduig; witbro the State, as well at to administrator residing without tbe State; any Uw or usage to the contrary notwithsUnding... -r - ; a act to aid Um Clubfoot aa4 Ilarlow Crack Caal Company k U completion .fc .. . . of tbeirCanal. " v.' r- Jit it enacted by the General Attembly of (he State tf North CaroTtna, art it is hereby enacted by the authority tf tht eanii, Tk.t Puhlir. Treasurer it heretT authorised to advance, out or the fund net apart fur interval improvement, to the Clubfoot and Hsrlow Creek Canal company, on loan, the sum t twelve rhnuaand dollars': onehalf w be repaid at the expiration of ten years, the other half at the expiration of fifteen year; within tercst; the interest on which to be paid aonutlly,s fa as t,hodr vidends of the said Company will enable them to Ao iU Pro vided, tliat before the said money is advanced, the Treasurer shall require the- President and Directors of said company, en derthcir bands and corporate seal, teconvey to tbfc.said TreV Mirer intrust for, the State, the Canal and other property be- ln-r'ni to the Company, for the purpose of securing.the repay- .nnnt f the loan with interest: Provided furtfitr. that before obtaininir tlie loan Kereby made, the President and Directors of the said Company snail give sausuciory oona io uie ruouc t rev s jrer faithfully to apply the loan hereby granted to the discharge uf all bona hoe dyt9, neretoiore cpntraaea, lorworK aoneon uie U canal, and in the finishing and completing the same. ( II. Andbeit furthet enacted. That (he loan authorised by this act, shall in no eventbe paid by the Pvblic TresAser. nnless he shall fust receive the direction of the Board of internal Improve ment aonmving of the expediency of the same; whose duty it shall be to limine the said Canal.' 4 . or tn ;.1 tle nnen'mv nd romtiletine th State road from riuntsTill, id Sorry county, to the Virginia fey way of Bowi Store, in Ashe, and for other purjKm-i. J. t , it it onnrinl hu the General .Isnemolv of the Slate of North Carolina, and it ti her tby .enacted by the authority of the same, That John Roberts, of Surry county, and Richard Gentry and David Edwads, seuV, of Ashe county, be, and they are Jvereb; appointed Commissioners to view nd lay off the road from ifuntsville, in Surry county, by way of Bowers' Store; in Ashe county, to the Virginia line, where it will intersect with the State road leading from the lead mines,- in Wythe county, and the salt works and plaister banX, in Washington county, Vir ginia, by the way of the mouth of Wilson's Creek, and to desig nate on what part of the said road it is most important to make the appropriation hereinafter setapa'rt for that purpose. II. And be it further enacted. That it shall be.tbedutyof the said commissioners, or a majority tfhem, and they are hereby authorised and empowered to contract for owning ihe said road on such terms and conditions as they shall deem most advan tageous to the public good ajnd "speedy completion of the said road t and when said road , is so completed, jt shall be a public road and highway, free for the citizens of tins State and' alt O' tW! iml the Sunerior Court of Surry county shall have juris diction of that part of , the said road lying in 3urry county, and the Superior Court of Ashe county shall have jurisdiction of that nart of the said road Ivinffin Ashe county. - 1 - III. And be it further Unacted, That it shall be the duty of the ci'ul poiiimissiiiners t transmit to the Board of Internal Improye- ment, at their next annual, meeting, all their acts, doing . a4 contractsmade or done under the provisions and by virtue ol this act. . : IV. AndJe it further enacted, That the sum of five hundred flollars shall be nsid out of the fund setapart for internal improve- m..nr Viv the board of raahajrers thereof, whenever a sufficiency of the snid funds shall become du and paid iuto.the Ti casurv; anil thfl aaid commissioners shall be entitled to receive cach one dollar for each day they may be necessarily engaged in running and laying off the said road as aioresaiu. . V. Jtnd be it further enacted. That after layinjr out the sum a- bove mentioned, itshall be the duty of the said commisMonrrs to designate and appoint a suitable number ol overseers in each tountv. and to call on all persons subject to work on roads in the counties aforesaid, within, thr?e miles of the road hereby directed to be laid out; who shall be compelled to complete the same, as directed by the-said commissioners. VI. And be ilfurthe enacted, ' That each and every person fuilin to appear, after having five days' notic of the time and jilaceof working said Foad, with such tools as inay be required by said overseer, shall be subject to pay, for each and every day ,u,m,v mi f;iil. the sum of one dollar, to be collected as other fines for not working upon the public highways in this Slate, ' - 4 VII. And be it further enacted. That said commissioner! shall take bond, with sufficient security, for the faithful performance of any lot orparttf said road, so bid off by any fjersou; and it tthalfbe the duty of' said confmissioners fo settle their accounts with4he Board of Internal Improvement within twelve months after the road is completed. VIII. And be it further enacted, That no money shall be - . a..-. ilraw n out ot the Treasury by virtue oi tnis act, except tue coarti of Internal Iinnrovement shall sanction their contracts.' IX. And be it furtlur enacted, ThaJ; it shall not be lawful for eitiier oi me commissiuncra vu wmhub iuuii,i.ui , vi i uc iu any wise interested inny contract to be made under the provi ions of this act. . ,r ; , ' An act to amend the road lawi. ' Be it enacted by the Genei al Assembly of the State oftfortli. -Carolina and it is hereby enactedby the authority ofjthe snmc, Tfcat no able bodied white man, between the age of eighteen and forty-five years, nhall be exempt froraqrktng n the public roads, in conUeice of his having :"beett exempted from the Derformance of militanr dutrbf a court martial' xh.i, r - IL And he it farther enactedt That the justices of the JUounty Courts of fleas and quarter sessions, seven oemg pr sent, shall nossessthe sole oower find authority to hear and de termine who shall be exempt from woiking on the public rpads irom disability any law to the contrary noiwiinsianuing, la rdc to settle and btlanra the Public Treasurer's arcmnt for ; the ctuei rtpetded in tttxfc purthAt;-atui whereas It it the d itial practice in exaaumnf U Camptroller's stateaeat to punch and . auatilate, all Ahe ochm composintj the iteasf th said accovnv tbereoy 'endsngenn tne investments tuaut bj .Uit State la sack corporation! for. remedy Weof. "-J ,.'-' Tit it enacted bw the General AitemlJn W iht SltU f North- ' & " j w fj- Carolina, and it it kerebv enacted bit the atdhorihi ef the tame. That it- shall 1m th daty of tha Public Treasurer, and Tha is hereby orectei.t deliver te-tne secretary el suit alltne cerr tificates or other evidtnees tf jJiares or stock. In any i( th in corporated companies in which, tie State is lotertited; and it shall b tha duty of the Secretary of State, to rejpsier the sine hi a well bound book to be kept for that purpose, aad to endorse such rr&litrsdon on the back of each certificate or.othtv evi dence of the claim of the State," which. shall be returned to the Public Treasurer! ; ; 1 ;.,"' ' V II, And be t further enacted. .That it shall "bethe duty of th Comptroller, and be it hereby directed, as soou,a bis aocounti shall be. pasted upon by the General Assembly to endorie wpon eacn ceruacaio or otner evidence oi pooiic stoca inai uie same has bees allowed by' the' General Assembly as t credit to tha Public Treasurer, nd.-the date of such allowance, and to re- tam such certiRcata or other evidence to the Public Treasurer for safe keeping.' :'. :( ' III. 'And be U further enacc rf,1 Thtt whenever any certificate or other evidence of the claint of the State of North-Carolina to shares or , stock' In any of the incorporated . Companies shall be lost or destroyed, a certified codv tliereof from the Secret. ry's office.- shall be as rood and valid to all intents' and purposes. as if the originil had never been lostpf destroyed ajy thing to the contrary notwithstanding. 'Jf' ' v "v jt An act pretcnbing the' time n vkick prewmptioo of payment, tatisfastioa or ti . ... baudoniaeat of claim shall arue. . . Be it enacted by Uie General Ammtdu of the , Stale of North Carolina, and it t hereby enacted Jy the authority of the tame, that the presumption ot payment or. satisfaction ,on aluudjr, ments, contracts and agreements hereafter to be mane, shall artse within ten years after the right of action 6a the same shall accrue, J- i7.r i -i- ' . unuer i same ruies, regulations ami resuiciions os flow exist in law in such cases. r : -II. And be it fttrther enacted. That the- presumption .of pay ment, or abandonment of the right of redemptiou on mortgages; and of other equitable interest, shall arise within ten years after tne to tenure ot said mortgage or, last payment on the same, or the right of action shall accrue on any equitable interest or claim,1 under the like rules, regulations and resirfctions. v-. III. Jlna be it further enacttd, I hat all judrments heretelore t renaereu, contracts, agreements or mortgages heretofore maue, and which sliall have remained, tor ten years, and less than I wen ty years alter the right ot action., on thet same have accrued, the presumption in law 'shall arise within Jliree Veiro from the passage'of this act, unless the said three 'years shall exceed the term of twenty years from the accrual of said-right) and jo auch case, tne earoesuaii arise at; m expiratioa oi saio tweaiy years, as heretofore arising bv la. i-:,J:.X? iv. O J . T i, - - Jj - rl 1 ' IV. And be it furtiiei enacted, That all , judgments', contracts or agreements, mortgages and other equitable, interest heretofore made, and where the right ot action jqr claim on the' same iaa accrued within less than ten tears, the presumptiptif, pay ment, satisfaction or abandonment of the claim or' right shall arise within thirteen years from the accrual ot the right ol t ; .. . I . 1 t:l . ,. , . ion on me same, unuer in.e ruies, regulations anu resmcuons: any law or usage to the contrary notwithstanding, debt, tko uid court shall adjudge, tW tka aakl free oero or. i . auiatix i iik ii C"? hired out lur a term ol im, not ciececusf tat prescribed Io the Erst section of this a err in otk -planner and Upon such terms as way seeoa expediept tolhe said court. ' '. ; IIL B U further enacted,"Vhki ( jfter the expiration, it (hi 'f " tersn of service for wkickmck free negro or mulatto shall tjrfft ,. ; 3 been held ia servitude, be or she shall remain in this State lor thirty days, cn free negro or mulatto fthall bo tiablo tn tkn samsj penal ties and punishment ara 'prescrfbed in the f rst asd so- ' cond sections of tbiaacV. 1 J;2J,Z;'tr--"' It. Me it, further, enacted, tkatnoy peijon,' who U brinj , to this State by water or land, any "free. oeo r, mulatto, ha.-- . a aa . f 9 a. a. or me snail rorieit and pay I or every sucn person, to oroognt tnn to the State, the turn yf fivr .nndred jlollara, to be recovered br action of debt in the name of the chairman of the County' Court .. .. J . .... ... - lur the ume being, and bta successors in oUice, where such ol-. ft . rncv inui tje coinmiucu, iqr iov ya a iiis).i;uuiiij; vvtut , irvkA that this act phaU cot extend to masters of vcsaele, bringing ibtoj.. this' gtafe any free negro 6r mulatto employed od bonrd, and bsW lonirin? to said vetael. 'and who shall therewithdfTart. nor! ' any person travelling .In ot through thi State,, having ahy Jfrci ' oen-o or mniatto as a, servann aiiUiwuo aaaji, wua auciuper- . on, depart ot of thf State. ; ' : . ...i. . V, lie it furthet enacted. That if any free nejrm or mulatto Un . ny county of this" State, who Is able to' labor, 'Shall bo found spending his or her (upe in idleness and diMipation, or tuba baa , no regular or honest employment or occupation. wlucU he or shn ' is accostoioeo; to louow, ii anaii ana may do lawiu mr any eta ten to apply ma justice of thef peace of -said county, ana vpoo; An as act to ptTjietaate tbe eridence of de claim of Ae State of Xorth-fcaro-lina to t'jch share or nock in Oie aevfrnl Buk avd other aornoratious, ai have been, or hereafter lhU be purclused for the tte oi Ui aaid Mate. -Whereas it is customary for the Public Treasnrer; whene ver tha State of JlorUi-Carolina.has, by purchase subscrip tion, become the owner or proprietor of shares pr $tockinny ot the Banks, roads or navigation companies, to exbOit tne cer 3Sr v; A, -.11 1- - luiuavit ouiaia a warrant to arrest sucn persnp ana anng mm or her before some justice of said county, and jfupdn examination' ' of the cause, it shall appear to said justice thai the said free, tie-" gro br mulatto. comes vvitJiia the proviaiouh of this act, lbs said justice shall bind him or her with reasonable secoritr to appeac in. '. at uie urn vouniy uuurtoi Miu-cwinij. aoain we oe or an. shall fail to give security, such, free negro or mulatto Shall bo committed to the jail ot h county until the ndxt County Court "" ' inereauer; aou u snan do me ouiy oi meaiu court, u, upon ea-x, v, . amination of the. case; he or she snail como within tbe meaning" ., . of this act, to required such free negro oe roulatto'-to enter into-Vr -bond," with sufficient security, in stich sum as may be considered V', by tha court'reaf pnable, payable lo, the chairman of tht County ; Coort forjhft lims being and his successors' in pffieccqndltion 7j, ed for his or her. good behabiour and iadustrious, peaceable de portineni lor one years ana. in case ueor stie snal tail to. giv , , 4 . such security,- or shall tint nay the cost jihdthargcs of the pro secution, it shall be lawful for tlie said court, and they are here by required to, hire out uch Iree negro, or mulatto for a term oy -ir tiini jta tervlce and laboi,". which fo thint inay. aeem yesonabln,4;' ,. aqd just, and calculated to reform him or her to habits of indusr j i .Ji try and morality, ttot exceeding three years fur any one ohenca,V, . VI. lit it further enacted. That all sums of money, which mar ' '" arise under thei'provisiofta of this . act from'ithe hirrof freeli groes or mulattocs, shall be paid ttf the cotnty usteefor cbun,- V UlSAfl i ' . ...... ." ' . ' V. V vil.-Jind be u jumter enacted, mat the justices of the Courts, orleas and Quarter. Sessions', in- each of the counties f thia State! shall have power, in cases where f maV appear expedient," ' ... j ..4 i::U-. It , T..'i .V.-' ':..t.-j a.A u wmu uui uc kMuvicvryi tin icucp ui .iiiiiaiiuini, wucre tno parent; with whom such children a ay . Jive, does or .'shall not habitually employ his or tier time u) some honest indostrioti't oc pupation. rt.w t . ' : " r- m v . .1 Li- 9 - ',4 An act to amend an act, paised & the year one thousand eight buodred and iweiuT-nve. emiuca An aei iu nrereni Denona. vno buc Dee a. or mar oe .appointed eommUnioMra, on tb part of tha State,- tor any purpoatt, from, b coming contractor!. - ' . ". . . Beit enacted by the General Assembly of ike Slate hjjSTjrth. Carolina, and it is hereby enacted by the auUumty of tlie same, That noperson who now is, or hereafter may be appointed a commissioner, or'direcUrty to discharge any trust, wherein the State may be in any fnanner interested, shall become an under . " .1 i?J. ..i AJ ft. i 4. ..o. '.. - taKer, orniaKe any contract tor nis own oenem, unaer sucn. ep; pointment, or he in spy manner concerned, or interested in mat kingsuch contract, or in the profits thereof, either privately or openly, singly or jointly, witlr another; and if such person shall do so; he shall be deemed guilty of a misdemeanour,' and npoiV conviction, by indictment, in any court' having cognizance there of, shall be subject to fine dnd Imprisonment, at the discretion An act to prevent free pcrioni oT jcolottr from mij-rating into this State, for ttie good government ot sucli persona rewdent in tbe auiie, and lor Other purpo se. ..'..''' I'-'- .,..- - v,... Beit enacted bit the General Asmmblv of the Stale of North- Coroliria. and it ii hereby enacted by the authority of the ame. That it shall not be lawful hereafter, for-any Tree negro or ma- i alio to migrate mio iuis oiaie; anq ii ne or sne snan uo so con trary to the Drovisions of this act. and beine- thereof informed. i I ' O shall not, within twenty days thereafter, remove out of the State, he. or shebeing thereof convicted in" -roanher hereinafter directed, shall be liable to a penalty of five hundred dollars: and upon failure to pay the same, within the time prescribed in the judgment awarded against, such person or persons, he or she shall be liable to be held in servitude, and at labor for a term oi time not exceeding ten yeafs, m such manner, andnpon snch terms as may be prescribed by the court awarding sucn sentence; and the proceeds arising therefrom, shall be paid over to the county trustee fur county purposes: Provided alto J, that in case any free negro or mulatto shall pay the penalty of five hundred dollars according to the- provisions of this act, it shall be the duty of, such free negro or mulatto to remove him or herself out of this State within rwentv dara thereafter, and for every" iioch rl jl. ii m. A. 1 111.1. . i .. i. . . ' t r lanure, suau oe suoject io me jikq penauy, as 19 prescrioeu lor a failure to remove in the first instances- - .-.' tl a $'", II. And be it further enacted. 'Phat if any free rieero or mu latto shall come into this State -as aforesaid, hevorwe may be arrested upon a warrant from any justic,ef )be peace, and ciri ried before any justice, of he peace of jhe county it yhich'.he or she may be arrested;' who is hereby authorised and required to. examine into the case, and if unon such examination it shall appear to him, that the said free 'negro or mulatto has 'come into mis cunic coiiirarj ii uib piuvisiuuy w litis act, ne suau omq mm or hcr dverto the next Cgunty. Court of said coi'nty which shall happen thereafter,, taking such security for his or Jitr appear ance as tnay be reasonable and upon neelectinz or iefusinz to give suh; security, the' said iostice shall commit such free negro A Innl.iU i t. S .lf .r' ll. .AnxlW kli u,:l VI IllUlflklV LU LIIC UJ 1 1G LUyU T. 1I1CIC Llf UC LU IllilCU Hlllll the next County Court, unless, lu the mean time. he or she shall 1 '.. .r- .:l....i" -t' . '-i - I ' III '.1 Eive security as aiarrsaiuv aqu ax tne. aaiu com u it snau na uie duty of the said justices thereof to inquire into the case, ind if it shall appear to them that the said free oegrft or mulatto has migrated ioto'thls Stat,Acontrar'y to t,he' provisions of this act, they half enter judgment against hi m or her for 'the aforesaid panalty, and may award execution thereon; and if in : case or - 'l-ii 1 ; . i." - . . . ...te.i .1'. '! 1 , Vlli Bitifurtht enacted, "That all persons with whom atir free joegro tr roulatto biry.be held to Service npder thislacv - ' shall, and they ate. hereby required, to provide him .or perCwUH ! good nod sufficient clothing .and food,1 treat him or her with ha matiity and teach hira or her some mechanical trade, or some useful and indostriou employment; during the term for which ; nau not oe -reipovea uom tne county oy su.cn jnasier or any othef person, and ha)l be produced to the CJounty .Court jet U19 . ; . expiration of the ie cm of service as aforesaid, or whenever there. to requirectpy uiems anu if any sucn master or mistress shall jriolatft mis act, hf pr sjje may;be indicted fof such offence in inr couft oUhe county, where such oflTenc may fee cuniuiiUed, andf, orr-conviction thereof, may be fined or inipr'iHoncd at the die- .. ' cretion of th eourtr and-in case such free: negro' or inulattp -shall run away befofethe expiration of his or her term of service; ijifshe shairbe com expiration; tjucji a. length ot time he or; ttu $a$ Jiave ibsented Jutii jPIr nerlfiiv-w-2f 'i;U':,-Vi'r,"J? isk-id IX. fle U further, enacted, That in all cases arisinz under this Lact,. the free negro or mulatto,- whd -Ii tharged with an offence, . uponappucationjo me court ior mat purpose, snail nave a right, to have the facta offhtror her case tried by ' juryr, vpoti an issue " ' . or issues made up under the direction of the court tor that pur-, pose.'. r ,f;fi .-v-v., ,'-3--i- . u.'w,.., - , Xv-2?e if further enacft?,LThat all free mukttoes desceridecl - i'" roof, negro adtestora W the fourth generation inclusive, thoujrh ' one anfeester of .aCji generation may have been a white perpoo, shall come withir the pry isions" of. thii actr ; ' ,-? - Ai.'wn oeururiner enaaea, 1 niii-u snail ne tne ouiy oiyiO several county attomies in this state to give in charge this act-to . the grand jurors, and it is hereby made their duty topiresent alt N cases in theif county fr,iihg under this act anthill the kriqwedge oCeither of themiod the, said atto)ie8faresherebyt feqqired 1 ! in all cases arising . under tb&proviVions of this" act,' to prosecute . for and on behalf of the State: and it shall be the duty of the ae- verai courts 01 mis otate oeiore wnon any proceeatr.gs jy oe had under fliisact, so to construe the samaafto pfo!itbitthtmlji intended to be iemedied, and they are hereby luthorised ad requireu 10 inaso ait necessary ruies cmn cegu.1at19.ns, accoraing ri&cates other eyidence of such purchase to the Comptroller she shall have 90 property; ot oot sufficient to iaUfv th8 ai4 0 thig usual course of justice, wljich may be requirtid for tb pur; roses and objects of tlua ac-,j, f, ' , , xBe it enacted by the General Aisemblv of the Slate of ' North- V Carolina; and it is herebtt enacted by tlie authoritv of the tame- That at the trial of. all actions at law, upon contracts hereafter ma'ie, u Bnaii oe competent tor euoer 01 tne ueinuants to shew in evidence, that Ji, she. orthey.ii or are surety or sureties; -and if it be satisfactorily shewn, tt shall be the duty of the jury in their verdict, or of the justice pf thf peace; In his judgment, to Discriminate me principal ana surety, wnicn snan an enaorsc-c ort the execution by the clerV or justice of the peace issuing it. r'fl-r h. A.-i,- Tk.t dorsed as aforesaid, shall come into the hands of any officer, for collection, it shall be his duty to levy the aadie en the goods ahd cuBttcis, anu tanus auu tenement 01 uie pnucipaj, or, so mucu . thereof "as shall be sufficient to satisfy said execution,- and for yaotfoff such sufficiency bt the principal, also 60 the goods and . chattels, and lands, ana tenements of the surety or sureties, and. ' make kale theretd" , the law does or may direct: Provided, ne-", viflheless, That jtoII such levies, tale shall first-be had on all the property of the pripcipat levied on bcfo;e thJt of the surety . . or.jureties any lajy usage or pfttm tP the contrary notwitli: .stanaing .(--r.': -A , . M r 0 s - ,',1 " . :' .-1-.,. v: ... ' ,'v .f .:,-;:'r-'j. v,-, V.'a