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4
ASHBOROUGH, N. C '
; ,1 ; '!
fcatur&ftj, Dto. a, 1851
. aVSnaESHMMMMBaV ; '
TltCSTS-EXiXUTIONS-AT. "
, TACIIMEXT& VV
Question, 'r'S . tf,
On the Oth of Oct 1837 W. P. iso.
cl a Deed tf Trust to & W. L Tru
tec for the Dtinxw of securing the tkiv-
mcnt of about $675 to J. D. H and uth
ens mentioned in theDcciL ; Thc prop
erty in the Deed it mtpposed to b6 worth
81000 to .811001; '-On tlx; 10th Oct the
Deed was proved cfora'thc Clerk and
TfgwtcreU agrccaHo to law "r The Deed
njccifici that the said debts are to .' be
paid bv the lt January 1838; or in de
fault the Trustee Li authorised to sell tlw
property at public 'Tetiduevaftergivih
aujlays noticej and .with the proceeds
of the salt to satisfy the ahovo named
debut, with all cost and charges ; and to
Ktvtne sturpliut, if any; tottio airt
or mi neirs, assigns cc . un ,
Oct II. C warntutCiRW. r. and
JiylTiient and lvxecimon,and on tli$ 13 th
had the Lxecution Levied on thoproiv-
If mcntionod in if I leoLof Trurtr 'uh-
- )cct to the Dcwl in TrusCi On the 13th
Oct. T. W. and K. U.E. arralited tlie
, pante, and tjIrtaiiW Judgments' artil Exe
rutions, and Levied as above on the Utli
! October; W. M. III. and otlicrs warran
. ted anl obtaiiicd Judgments and Execu
tions on tlio 12(h Oct. but did nut have
them levied until tho Uth Ocf on the
' 15th AV. P,(M tho fotmtv ami State.
: Ontlw lrtth or l?th of (Vt J. G. & CV
-V. II twk out atlarhmonj Ijfltid Ix'VwnI
on thtf wne-projicrt)-; and on the , 18th
or Iffth Ot. Kit took btit nn'attarh'mcnt
ftiid1xvil on jho!ame.;Aml' tliero
, 4i rc otlwjr dcfits which will not be duo un-
til aliotrt the 1st of January next t ami
wliert tlicy becmti duo, the "persons will
" take out ultarlmu'nts and Ievy oil .the
same projvrtr and 4it is stijiposcl the
Jflrtv will inn be suflfcicnt to pav all
t theiW)tVf ilw persons wliohuve Et
t cijtKnjf f have ; ttvd hot ' to mil uiulcr
J JJkmV Kxcrutions:; Iint,to wait and lot the
r . r"tcc soil At tlm lime scifuid Jit tlie
" Deed, and claim Ihn siirj'ltit'ih his hands
" under their Exerutionx. -jCnw the qtw.
tion Isrtiis Jsilje. Triwtce Muni vr itu
fh'trherf to pay jt!tc urplai v tho Exo-
ywvnm or i w.t I. iirivittlo lo tIo
1 words of iho Trust! and if on tho Exccti
. wm, w!tici of iho tilvv peWanwill
j havytjio jneri'ivnceHho Hdnsr Judg.
I meat, tCxecutioii, ot Lew and what
i . M'kl of a rcrcipt tr itbli'a'tioii must tho
maso troin- them to makiMum
alK hc,should hercaficr be called on
MVith
o"iained
miAT Do we urn ron,
ASllBOnOUGItf. C. SATU'll) IY L DECEMBIilt 2,1 1837.
byW; P. or his heirs, to render an ac
count of his Trustt, and ,vhat per cent.
commission r is. tho ''Trustee allowed t
Your answerto the above will oblL-e all
Uie parties interested, and your friend
ANSWER.'
'1. fro the preference, Thcs Ex
ecutiohs must be satisfied according to
their priority of actual fcty, vrithout
respect to their date, or tbe date ol tnoir
. . . 0 . ' k . " M . t
respective judgments. ; ; j j J Ki
to the Attachments. The
proper way to proceed on the attacth-
mcnts, would be, for the plaintiffs in at-
taenment to summon the Trusted as gar
wsheei ndjia!0lhe Sarplus jcondcmn-
ed in his hands as soon f as possible.
They cannot obtain final Judgment on
attachment till tho cod of thirty days
from the return, and conditional Judg
mcnt of, condemnation. And in the
mean time, tbe lean of tlie attachment
is not complete, so but that an Execution
has preference, if actually levied The
attachments will have preference, ac
cording to the date of their rc4ccu ve
Jtnal judgments. ? And consequently
all tho .Kxecutions Jcvicd before the
dates of those final judgments, will be
entitled to 'the4 preference over the at
Uchments. "t ' ' '';,; 4,7--
3. As to the.Tnutte. He U bound
to pay over the surplus, if any, according
to the preference above stated. And by
so doing he executes tho IruslvjusTas
well as jf he had paid the'sulul'lohc
debtor hlmsclC And in fact if he is no
tificd of the levy of an Executioner an
AttachmcnCor having rendered a Gar.
tiishmcnU ho cannot! safely pay tlie
Trutlor or debtor the surpliw.; For
this might,- and most probably wot-ld,
mbject him to llicf recovery of tlie
tnenl creditors." j , J.f
,,. 4. lo the form "t)f the Rttcipl $c.
This is not at all material . Any thing
that shows thV pay mcnt of the debt, out
of what fund, and by whom it was paid,
is sufficient The following is a good
form: ; . .
Decry ber 2nd 1837. J"t
Received of S. W. L Trustee of W.
P. the sum of- -in part of an Execu
n Execu
tion against tho saidj W. P. ih favor of
now m my hands fpr collection
and heretofore . levied on tho " surplus
property contained in said trust; which
payment is made out of the surplus pro-;
ccods ot the sale made by the said S. V .
L. on die- day of 1837.
r C ,lJ?y'A B, Constable.
5. Jls to Commissions. This is not
regulated by law at alfTmoro than oth
er charges
Titeci roayjrctain a f ufgcient lrceLt.
to indemnify him for all trouble and ex
panse nccessar fojf'cxecuting tlhb trust
Ikit he cannot make it a source of proi
fit1, This is usually, a matter of agree
ment among all the parties interested;
and varies from to 5 ' per cent on
tho amount of proceeds. .. If how ever
the parties cannot agreo, it becomes tho
province of tho Trustee to retain what
ever ho conscientiously boliovcs to bo
right Andlf ho cabbagesUw deep,
those interested in the surplus must sue
him, and recover tho excess, to be
judged of by a judicial tribunal having
76 ' t Pramtscuoui Remarks. Wo
t . . , i
would not bo understood that it is abso
lutely necessary for the Trustee to ren
dcr n garnishment on the attachments,
as abJVO rocommcndod:swo onlvjein
siderjt the preferable.' course. If any
doubt should remain,a's to the manner
in which wo hav e said tho trustee may,
and ought to disuse of the su rplus, it will
aj)Hiar clear and rational, by reflecting
that when tho property ol tho debtor
falls Into tho custody, of tho law, for the
payment of his debts, as it docs whenev
er it is soiled by virtue of Executions or
Attachments, then, the officers -of the
rut to improve ouzlfe:j and
law atonce become htsajren'ts lerrally
It, ? "T1 JT
"1 'i'
w py v vv - cuvil iy v arrv m j
may lawiuuy come inio ineir nanas, or
such as they have a right to claim;
amine this subject car-i"-ny,and explain;
it practically, in consequence jpf the lib
eral patronage we have heretofore been
favored with from that quarter. - Though
wo have not the pleasure of a personal
acquaintence witn our Querestr we are
free to acknowledge that gentleman as
possessing higher claims on our grati
tude for past favorsi than any other man
East of tho City of Kajcigh' Shouldjhc
parties Interested in , the above case,
conclude to start up" a considerable ac-
cession io our ouDscnpuon nsi, n wiii
please us all the bettcrr -
(Question by a Subscriber.)
"7A Levies an Execution "on ascertain
parcel of property say 5 negroes. 1 Af
terwardu, an Execution issues from Cpurt,
and the Shcri.Tlcvies it on the same rroo-
erty. and removes it Can the Shcnff'
hold the proceeds of the sale, because" his
Execution was' issued Jy the Court, and '
As Executrorrwas issued by a single Juf-
, By deciding this" question nbaolutely
either way, we run some risl of mislea
ding thc render. ;, ...There is no doubt that
the Sheriffmay make a good sale of the
property? and that the purchaser will ac
quire a good title. Tlie only question is,
wlietlicr the Constabb car! sue and KSH
CO'crjfrpm the SIieruTcnough of the pro
ceeds to 1 satisfy his Execution. And
this must depend on the single fact, wbx
thcr the onstabK was diligent otneg
li;ent. Ixt spmc cages we should say
that levying on property, and leaving it
with the debtor; without taking bond and
security for its delivery, would of itself
be evidence of negligence : while, on
the other hand, tliero may be. cases differ,
cntly cirenmstancaKhvherethe officer
had left the Hopcrty with tho debtor
without being justly chargeable, with neg.
licence So that tlds, h'kc every other
case of like nature, must turn upon Us
own peculiar circumstances.' ' t ;
We hold very'elearhv tliat a Cf ir
Execution has no advantage over a
tiees Execution, except in the tfft that
; n 'ttjrhVi to the nronertv of the
acbt(V. "The hen of tho latter is from the
tew: and of the formcwrom the teste.
Yet it la to be mKlerstood. that althotigh
the teste of a Court Execution creates a
lcin on the personal property f the debt
or. so a to prevent him from convey
ing'it .away fraudulently yet a Justice's
Kxecution may be levied m,,inc mean
time, and tlie property legally sold under
it, if it can be done before tho Court Ex
ecution is actually levied. ; . ;
; Asiauuvtfity, Ajf 1 tlie remarks aboye
made, we refer to the case of Lash &
others vs. Gibson, Reported In lMur
phey 2oiM and Hattan vt Wife vs. Dew,
2 Mun,hey 2GU Also, our Act of 1828,
on the subject of Executions issued by a
Justice of tlie Peace,
-l,SHnnn ..
This question is badly written; but so
well as we can make it out, the sense of
frtWsollcrwsr
: If a man use profane language in the
presenceof a Justice, who has.him ar
rested by a Constablc,thcnpresent, witli
out a warrant, Is tho Constable entitled
to costf, and how ( much! Where the
offence is committed, not in the presence
of the Justice; and tho informer will not
take his part. of the forfeiture, howmust
tho Justice proceed I !
1. Tholaiv docs not,: in so many ex
press words, givV a Constable any fee
for an arrest without .warrant; and as
the' acts of Assbmbly allowing fees to
Constables art all in6vations on tho
common Jawr (for there was a time when
no fees were allowed at all) we think
ihivnn npt must have a strict and literal
construction, , ' M
2. i As to tho course for the Justice to
pursue, where the informer is entitled to
useful to one another k
a rartof the forfeiture, hut claim, nn.
thing - just let the Judgment be entered
" V 1 "
in the usual form; and then underneath.
or somewhere on thesamo paper, let
the informer enter a release of his par
of the Judgment. ' The release may bd
in these words: . ' Is-' t
. I, A U, Informer in this case, do here
by release my interest m tlie Judgement
V' ':'lx!i'''V':' A. R seal.
, From the lluthtrfordton Gazette.
V SUPERIOR COURTV. !? ;!
t The - Superior CVurt for thiff county;
after a session if. two weeks, adjourned
on Saturday last, without getting near
through ' the' Docket ? vTherc ; was no
ca se of "m uch importancoricd, excepl
the "case of State vs. Losan B,Hender-
fon, Jrom Lihcoln,rwhq ' was 'charged
with the murder of Marcus L; Hoke.
We never before witnessed atrial winch
produced ormich cxcitementTTie
case was taken upon Friday, morning
of .the first week; the evidence was not
closed, until next "evening. ; To give a
minute statement of tho eyidcncet would
-require moro time -tha n we can com-
mand: we wui thereiore only attempt to
give its sobstance, in as few words' as
)ossibJe.. i It was proven that on the 17th
of August last,? the Prisoner was about
sitting out in company of somc young
ladies to" visit a , Cotton Factory two
miles from Lincolnton, bclonmng to the
Fathar of the deceased, when he was
informed the deceased had insulted and
abused Maj. HendersonlT tho father of
the Prisoner, Wold and infirm man.
"i oung Henderson then enquired of two
gentlemen, to'whom ho had been refer.
red'JbTlho particulars of thc quarrpl be
tween Hoke and his Father, he was in
formed that Hoke had called his Father
a damned liar, and an old grey , headed
scoundrel. Henderson declared his in
tention of thrashing Hoke, and enquired
for pistols; but on bcinj told that Hoke
could not dq armed, that he had not had
time to arm himself; he then said he did
not want them, he could whip him with-j
out , He then 'vent into a Store and en
quired for n stick, as he said for the
furposc ot thrashing a damned rascau
Ie was shown an axe helve, he said
that would not do, it would kill the ras
cal, :11c then asked a young man by
the name of Ramsour, if he had any
stout sticks, who answered in the affirm
ative, and stepped 'and brought a cane,
remarking at the same time that it had
a sncar in it: Henderson stated that he
did not Want oue with a spear, but after
driving it against the floor sevcral timcs,
said he supposed it would do, and star-, the oak, and ends by limiting, it it docs
ted off towards Hoke's hou?e, and dis- j not destroy, the powerof many' andne
covered Hoke walking froin his father's i cessary exertion. .... ...1
Store to his own. Henderson called to
him and walked on to his Store, where
he, Hoke, had taken his scat under tho
Piazza, and struck hnn; Hoke put his
hand to his breast as if to draw some
thing out, Henderson gave back, Hoke
advanced upon him and stepped on the
Piazza, when Henderson again struck
him with the "cane; Hoke wtfirthen seen
to have -a Pistol- presentcdHendersuii
fTfirrt Knrt tttUV n Rfiuio Kllit't? Htld
they both advanced on each other, and
were lor some time in close combat
When tfiey separated it was discovered
that Hoke had been stabbed in tlie abdo
men just above the hip, of which wound
ho died 13 hours afterward J Hcnder
son was also stabbed, an inch and a half
lower than .the deceased,1 his life was
tarpd, hv the knife striking thchin bone.
It was irt evidence that Hoke had arm
ed himself a few minutes before the un
fortunate affair, with a Pistol and Bowie
Knife, saying that ho had understood
that . Walter Henderson had threatened
to attack him. After the engagement,
but whilo under excitement and before
the wound of tho deceased had been
pronounced dangerous, Henderson said
"I have given . him what he wanted, if
ho is not satisfied, ho can have another
chance on half an hour's notice; I tvisli
I had killed him." But when they were
first separated Henderson on being ask
ed why ho had stabbed Hoke said he
would not have done it if Jloke had not
drawn his PistoLS
. This we believe was substantially the
evidence.; VVe . write from memory,
arid may be incorrect as to some par
ticulars. After tho evidence was clo
sed, which was on Saturday evening,
the case was argued at great length, and
with much abihty on both sides, on the
volume i-imdiber 4$
0r C3 after a toojrrna
parti of tlie State, by Solicitor Guinn,
and ' Messrs. Simsand WonHfin fnr
the Prisoner, by Messrs. Burton, Cald- '
well, Carson and Alexander. ' It was
some time after knight, before the argu
ment was closed, when his Hon. Judge
Settle,, delivered an able and feeling
charge to the Jury. I .The 'Jury retired,
and in a few mmutes returned a, verdict
pronouncing the prisoner not ' guilty of
the felony and murder, as charged in
Ihe Bill of indictment, but guilty of Man
slaughter. I Whereupon his Hon. Judge
Settle ordered him to be branded and '
imprisoned for sit months. From tha
portionof-lhe- entedeer inflicting- the -punishmeot
xf branding an appeal was
takea - It is not our intention to make
any comments on hia triaL, i
- We take, this occasion- of expressing -our
cutire approbation of the demeanor
ot Judge settle on the Bench, A . ,-,: v
v. ...
i .DELAY.-f Who is there, livtmr wko
never chid himself for delay; again and
again, thousand upon thousand of times!
Delay and "procrastination, half indo
lence and half indecision, are most effec
tual robbers of lime, and defrauders of
uicua-i yxajiue. aeiavaoi-. gopd-
and dutiful intentionsi' wich ultimately
lead to the defeat of them, cause imoro
regret "and repentance in most men's
lives, probably, than any btlicr class of
causes. ' The sacred command on this
head, as on every other, is perfectly; a
daptcd to the nature and need of man:
"What thy hand findeth to do, do it with
ail thy might" f- : , ;;
; One.shouldnever givea good purpose
time to cool; nor allow a score of obli
gations to run up a score of debts and
then clo his heels with duns. These
tilings should all be kept ahead like'i
drove of sheep, or. else they will loiter
and hang behind much to the plague of
their overseer. It was the advice ofpne
who accomplished an incredible amount
of literary labor, to do instantly whatev
er is to bo done, and ' take the hours of
reflection or recreation after business,
and never before it
When a reiriment
is under march, the rearisoftonArpwn
inio coniusion, oecause me tront do not
move steadily and without interruption.
It is the same thing with business. If
that which is first in hand is not instant
ly, steadily and readily despatched,
other things accumulate behind, till af
fairs begin to press all at once, and no
human brain can stand the confusion;
The contrary is a habit of mind which
is very apt to beset men of intellect and
talent, especially when their time it not
regularly tilled up, but let! at their own
arrangement
it is like the i w round
ssary
STRANGE INCIDENT. "
A young lady in Missouri, was sleep
ing one morning in her bed, when a beo
more industrious than she, Came buz
zing into her room in quest of honey.
Spying herruby lips, itaiighted, no doubt
Lroistak ing them for a rose. The buzzing
oi nis mile wings awoke me iair one,
who in anntanfrsfickthch6nev
i searching insect with her hand, and re-
cicved in return a sting on her lip. Sho
went with her swolcn lip to a young
man, who happened to be near, and
begged him to extricate the sting. He
set nis head to work to devise a plan to
effect his purpose; and finally conclu-
AaA that the on v wav was to suck it
out. He proposed the plan she agreed
the sting waa extracted; but it seems-
lt went to the young man s heart, for
ho kept trying to extract bee stings from
his lips till they were summoned by Old
Cupid, to appear at Hymen's holy alter
urownsvtue itanner
Lazine. A man of considerable
wealth, and no small degree of indolence,
while sitting in his easy chear, sipping
his cottee trom tho urn, told his servant
to hand him his handkoicluef. The ser
vant did so, and was then commanded
to hold it to his nose. He again obeyed,
and tho man sat a moment, and ' half
starting from his chair angrily cried,
"Why don't you blowl you know what
I wanted. Yeo. Gax. .j -
' Idleness. Dr. Blair says that idleness V
is the great corruption of youth; and tho
banc and dishonor of middle age. ' Ho '
who, in the prime of life, finds timo to)
hang heavy on his liands, may, ttith
V
7
V: