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0 / 75
tniviKM 4 n Pfiu.r mt.ii, evuit tuimiai-,
11 IIINCUAU & Willi E.
The subscription to the Wshtkbh CanouimN
5 Time lhlUwt per annum, payable half-yearly
in advance. , , ,,
03" No paper will be discontinued until all
arrearages are paid, unless at the discretion ijf
the Editor ; and any subscriber failing to give
notice of hi wish to discontinue at the end of a
year, will be considered as wishing to continue
the paper, which will be sent accordingly.
Whoever will become responsible for the
tiavment of nine papers, shall receive a tenth
grain, j t .
Abvi ii risF.nr.fTS will ue inserted on the ens.
tomary term. ,, Person sending in Advcr
tiaemcnts, must specify the number of timet they
wihh them inserted, or they will be continued til
ordered out, arid charged accordingly.
No advertisement inserted until, it ha been
paid for, or its payment assumed by some penon
in this town, or it vicinity..
CjWll lett ers to the editors must be punt-paid,
or they will not be attended to.
State of Noti-CnYYim,
A J H F. COUNTY-' .
COUnT of Plea and Quarter Sessions May
Sessions liJ'J..t..Klizabcth llumpiiri, Ad
ihinislratrix, f t. John Humphrij...i.Original At
tachment Ambrose Parks summoned a Gar
nishee. Whereas it appears to the satisfaction
of thu court that the defendant is ait inhabitant
cf another state,, it is therefore ordered that
publication be mde for three months in the
Western Carolinian, tliat the defendant appear
t the Court of Pleas and Quarter Session, to
te held for the county of Ashe, at the Court
Tlottse in Jefferson, on the 2J Monday after the
4th Monday in October next, then and there to
answer, plead, or demur, otherwise judgment
will be taken pro confesso.
1, Thos. Calloway, certify, that the foregoing
i a true ccp y of record, as appear from the
THOS. CAl.LOW'AV, C. C C.
' MFCKI.I.M3UHG COVNTY
COl'HT of Plea and Quarter Session, May
Term; 18-J.."..Jamcs Wihwi, . Samuel W.
l.indsav. Attachmcnt....I.evied in the hamla of
Alex. Porter, Richard Itobinson, and others, and
they summoned as Garnishee. In this case it ap
pearing to the satisfaction of the court, that the
defendant is not an inhabitant of this state, or
has absconded, or so conceal himself that the
ordinary process of law cannot be served on him ;
It is therefore OrdneJ, by the court, that publi
cation be nude for three months in the Western
Carolinian, that unless the ml I defendant appear
t the next court of Pleas and Quarter Session,
be held fur the comity of Mecklenburg, at
the Court-House in Chariot if, on the 4th Monday
of Au(,it next, and replevy, judgment fin d by
'Icfault will be taken against him, ainlthe case
heard ex parte.
Tr$i. ISAAC ALr.XANT.EH, V.M C.
Smt'Ifi Price adv. $
- NORTH -CAROLINA,
mCKLESBC KG COUNTT.
ft 0 PUT of Pba and Quarter fciiion-', May
Ti nn, 13v2 Thniiiai Greer, n. Samuel
V. Lindsay. Attachment . ..Levied on a tract of
Und, sumlrv article of nierehandie, household
furniture and other property, sftvl Mr, ). l
on nnd nthcr summoned a t.arui.li"ev
this esse it appearing to the satisfaction ol .i7T '
ourr. mat tne tien-nuam i. mn an imwimaiii w
thin sta.j, or has absconded, or so conceals him
vlf that tb"! ordinary process tf la a- c.iiiiot he
m rved on him i . U is therefore, ordered, that
publication he made for three months in the
Western Carolinian, that unU the said defend
ant appear at the netct court of Pleas and Qiur
1er Hessions to be held for the cotm'y of Meek.
Unhnrg.at the Court liouc in Charlotte, on the
tjurth Monday of August next, and replevy,
j idgiuriit final by default will be taken against
him, and the case heard ex parte.
Ttt. ISAAC ALEXANDER, CM. C.
.tmt'16 " Price adv. $ V
Stale ot Xott-l!atttVuua
SlTEKton Court of Law, March Term, 1322.
Leerov Humctt, w. Elijah Fouch.Jud. att.
levied on land. It appearing to the court that
rfhc defendant live out of tbi statu it was
then-fore (h-dntil, that publication be made for
three month in the Western Carolinian, that
the said Elijah Touch appear before the Judge
of the Superior Court of Law for the county
hforesaid, ut the next court to be held at the
Court-llotise in Morgatihm, on the 4:h Monday
in ScptemVr next, and replevy and plead to
iue, or judgment will be entered against him
5r plaintiff's demB'.
f est. W. W P.nwiN, C. It. S. C.
r.mt'21 Prke adv. fyl.
tllE subscriber ha "ust rceivcd a choice
nnn v of t.HOCEKlKS. which lie tiller
for sale on the most reasonable terms for rA,
Among them ar?: Sugar, CofVre, Molasses Hum,
L'iee. Furs. Itaisimt, Salt: and alio, the usual sup
ply of C'liiffciioHarift. Liken sue, pint and half
pint luu.blrr. 'IIIOMAS HOLMES.
j, ir, ih:! ior,
"linir.PE AS my wife Nanrv Cox, left my bi d
Y am! hoard, in Campbell conntv, s'.a'e of
Tennessee, on the P.Ik fork of Ciinibrr'.i'id ri-
ier. about the 'J'Jth t.f Juno last, without any
pniveii!ioii, and has roue into the s'ate of North.
C arolina and rounty of Wilkes, as I am inf.rm
ed, with an intention to run uie in debt j I do
therefore forewarn all persom, in this state, or
the I; nited Slates from trading with her, or in
any war crediting her on mv aecviunt, a I am
determined not to pay any u her contract.
.Vy20, 1W. 3wtTSe
a (Vcri'i- of t!ie Court ot h'tuity, m.vh' at
Alil term, 1 will expose, to Public
Sale, the Court-House m Sjhsburv.on Monday,
the 2.'A of September next, lots No, IT mid 1H,
in the g: at north square of the town of H.ili.
bury, "on which there arc improvements; and
lots No. 26, 37, and 38, in Maid town, uuiinpro.
ved, Also, two tracts or parcel of land, hing
and being in tlie county ol ltouau, to wit i one
of three hundred acres, lying on tlx; waters of
Plat Swamp Creek, and one of a hundred ae.vs,
lying on the top of a mountain, called little
. ? . . . L.' 'l .. J ..... U 1
mountain, near 10 me i ni swamp spring, oe
longing to the heir ut law of Kvan Alexander,
deceased, A credit ot twelve and eighteen
months will he given. Honda, with approved
securities, will lie required. ?.
C P.O. LOCKE, CMC.
Jwjrutt 5, 1822.-: 6wt18. M
Statu tC -Vi)HAavi)nv,
flOt'UT of Plea and Quarter Sessions, Julv
y Sessions, 1!J22 1 Noali Hampton . Thomas
si liuire...,. .original attactimeni, jevieu on laim
and neifro man. It appearing to the satisfaction
of the Court, that the defendant in this case is
not an inhabitant of this state, it is therefore
Ordered, that publication be made for sis weeks
in the Yt cstern Carolinian, tor the defendant to
appear at our next County Court of Ph as and
Quarter Session to he holden tor the county ot
Kuthcrford, at the Court-house in Ruthcrl'ordton,
on the third Monday after the fourth Monday in
September next, then and there to plead or
demur, or judgment final w'dl he entered up
Witness, ISAAC CHATON.C.C.
fetute ui N(ivt-C',voAna,
CIOCRT of Ph as and Quarter Sessions, July
Sessions, 1822; Noah Hamilton w. Augustus
Sackett original attachment, levied on house-
hold furniture. It appearing to the satisfaction
of the Court, that the defendant in tins ease is
without the limits of tin stale, it is therefore
Onttrrd, that publication be made for six weeks
in the Western Carolinian, fur the defendant to
appear at our next County Court of Pleas and
Quarter Session to be holden for the county of
Hutheiford. at the Court-house in Ituthcrfordton.
on the third Monday after the fourth Monday in
September next, then and there to plead, or
demur, otherwise judgment final will be entered
up against, h'un. t'19r
Witness, ISAAC CKATON'.C.C.
(101'HP of Pleas and Quarter Sessions July
J Sessions 132 ; Thomas I.ylcs reran John
Lyles original attachment, levied on negro
man. It appearing to the satisfaction of the
Court, that the defendant in this eas- is without
the limits of this state, Ottiered, therefore, that
iub!ia'iui be made ftr six wci ksin the. Western
Carolinian, tor the defendant to appear at dur
next County Court of Plea and Quarter Sessions
to be held fur Rutherford county, at the Court
house in Ihithcrford'.oii, on the third .Monday
after the f mrth Monday in September next, then
ami there to plead, or demur, or judgment final
viiU bo entered up against him. t'19r
Witness, ISAAC CHATON.C.C.
Stwtft of tXoYUv.CuvuWwA,
- - . MONTGOMERY COUNTY.
i 10CHT of Pleas ami Quart- r Sessions July
" J Term, Alfred Randall, r. Jonathan i
M name! ami .-saner ms .:., josuua run aim :
d,,.ha Insure , '''"''"r,': i
. ., ''i..k:1 ...,.r k. i...
... r,,t;,.;, ,. ,1
tt,HHI vl',""'"1 " " v- w.s.
eminty court, tube held for the county of Mont-
jromerv, ai Me viniri-iiuiise in ijiwreecevnii ,
m.wcr or demur, or Uie petition will be heard ,
cxi.rte. . ,
JOHN B. MARTIN, f. C. .V.
Price adv. g2 6wt'18
tivtc of XovUAArorus
lf, LINCOLN COUNTY,
sTrtMif Pleas and Quarter Sessions, July
I t Jf&TT, I ii. Susannah Kis'.ler, t. the h'-ii-s
of (Wor.y JisUer, deceased.... Petition for dow
er of land.-lt appearing to the court that John
Kistler, one of the heirs of said George Kisth r,
deceased, ism an inhabitant of this state i It is
tWefore (hilrrrd, by court, that notice ho pub
fished three week in the' Wester Carolinian,
requiring the said John Kistler to appear at the
county court cf Plea and Quarter hessims to
be held for said County, at the Co"rt-Houo in
Lmcolnton, on the 4th Monday alter tne 4tu in
September next, then and there to answer or
demur ta the saiJ petition, otherwise it will he
taken pro confesso, and adjudged according!
W'itncM V. M'ftee, Clerk of aid emirt, .at
Lincolnton, the 3d Monday of Julv, $22. .
VAPL'HY M'jts-f., 4',X'l
Price adv. SI 2S 3wt''li
State ot Xo-t-CtttoVnu,
ttontr of Plea and Quarter Sessions July
' Term, 1S?2. William Hunsurker and otli
ers, i. John Gmnt and wife, W illiam Dmm
and wife, John Moser and wife, Jacob Little,
guardian of his infant children. Petition for the
division of land. It appearing to the court
that John Grunt and wife, William Drum aud
Wife. John Moser and wife, ami Joseph P.. .el
a id wtfeare not inhabitants of this state : It is
therefore OnlcrtJ, by court, tliat notice be pub.
Iihed three weeks in the Western Carolinian,
n quiring them to appear at the county court of
Pleas and Quarter Sessions to be held for said
county, at the Court-House in Lincolntoii.sju the
fourth Mondav after the fourth in September
m-M, then anci there to answer or demur to the
said petition, otlterw ise it will be taken pro eon
h sso, and adjudged accordingly.
Witness V. MTtee, Clerk of said court, at
l.incohilon, the 3d Monday of Julv, 1822.
YAUIHtY M'itK.F, C. V.
rnoM thk nu.i.iuu ur.mmii.
Atnonjj the decisions nude in the Su
preme Court, which adjourned on the 27th
ult. Iherc were sonic principles discussed
hnil settled relatiye lb the Vadkln Naviga
tion Company, which equally concern the
Roanoka Company, and wc believe some
others. Two of the subscribers, who
were proceeded R iinst under the incor
porating law for the drfkiency vf their
Rubscriptions, jtfter sJe f their share,'
resinted he p.tyment on the ground that
the Company never had corporate ex
istence, because ten do'ursoneuch share
were not exacted from each subscriber at
the fiist general meeting ; -because the
law violated the constitution in uttenipt-
inj to create a perpetuity ; and because
the original charter had been invailcd,
without the assent of the stockholders, by
a law changinsr the place for the sale of
shares from Halifax to Salisbury. ' All
these exceptions to the recovery were ad
judged to be invalid, and judgment was
rendered an favor of the Company
The most interesting principles touch
ing private right which were adjudica
ted, are presented in the ensuing brief ab
stracts: The share of a distributee in the pos
session of an administrator, cannot be
proceeded against by original attachment.
1 he administrator on beine summoned
as gatniihee, answered that there wa a
sum of money m hi hand due to the ab
Chattel property contesting of various
specific articles, talsen in execution, can
not be sold en matte t the sheriff should
conform as nearly as possible to such rules
as a prudent man would probably observe
in selling his own property for the sake
of procuring a fair price. 1 he sale in
this case was of the residuary interest of
a legatee, the life owner being still alive.
Whether such a right was the subject
of an execution, was sery fully discussed
by the counsel, but no opinion was de
livered oh that point.
A deed, though not registered, may
form a colour of title under the set of
1715, for the limitation of suit at law.
Where a lemale slave is bequeathed to
one fur life, and the first child she m iv
have to another, the executor's assent to
the first legi ty, enures to the latter ; and
i so completely vests the leul title in the
ulterior legatee, that his remedy is at law.
An executor i not compellable to give
up a legi.cv even to the life-holder, with
out refunding bond to the full vahfe.
Where the assets of eu intestate have
been taken away by a trespasser before
administration granted, it is a question
for the juty, upon the plea of fully ad
mini Wtfd. whether the adminiitraton is
I rhaivh: iiruligenre or collusion
h not pru'cs-ing himself of the property.
n,. m, tssarily to be discharged,
because he had no t(S at the institution
01 toe Slit!
r.ts in an appeal bond may be wsiv-
..,...!., l ;l',,i'.n . ,,f ,t.-
jv ,S' vr?J VI MJ llll niVniii'll V 11 V
. AXer mode thfie may he Various imliru-
"' " n cause wunoui insisung
on tne ix crt.
i ne legislature in changing Uie rule ol
the common hyr which repelled the claim
of a trustee to comnensation, did not in
tend to make the employment of execu
tors, administrators and guaidians, desira
ble by the hope of reward ; but only to id-
low a bare compensation .
No commissions can be allowed to an
administrator, as such, for care and la
bor bestowed on the real estate of an in
testate ; nor on mooies paid to a distribu
tee, either in the course of administration
or at the close of it. " ' ' .
Refusing to deliver over bonds to the
persons entitled, which bonds have been
taken for the price of land sold under a
decree of tha Court of Chancery, fur the
purpose of partition, is a breach of the
condition of the Clerk and Master in
llquity's bond. It is the neglect of an
official duty In such c ase, a demand of
the bonds should regularly be made oi
the Clerk at fck ofTe ; but if he plrads
afnrma:iytly,8'rCsnditlons performed,' be
waives the necessity of proving it.
Executors w ho sell a tract of land un
der the will of their testator, and adver
tise that they will sell his right, ami that
4 incumbrances arc guaranteed,' need not
in an action for the price, show that the
testator had a good title. It is sufficient
that they have tendered a deed.
A creditor who has had distinct person
al notice of the intended movement of a
debtor, cannot maintain an action against
the pe'son uiding in his removal, on the
ground that advertisements svere not set
up according to the act of 1 796, c. 49 1
, A Court f Uqnily c innot vacate pa
tent for lands, which were not the subject
f enti'jr and grant, unless a fraud was
committed on the titutc or a rubseonc nt
patentee. ! If the patent lias issued by
mistake and without fiau,!, a court of lav
is the ptopcr fotum to decide upon the
title. ' ' i " ' , ,, ,
Where a horse was takejlrin execution
at the suit of A, and llieherifT allowed
a third person to keen lTn for hisar.com
modation until a cert Jf! day, taking from
him a bond in a peniy payable to A, and
conditioned lor the delivery cf the horse
to the sheriff on a certain day and at a
certain place, the obligor will not be dis
charged on the plea of coriditiom per
formed, Ly proof that he brought the horse
according to the condition, but that the
sheriff did not attend to receive hirn
Sfcut if the horse was to have bctn de
livered to A- ,
An appellant from the Superior te the
supreme Court, who applies to the t lerk
of'he former court for the appeal papers
ciuiing term time, and is promised by him
that the papers shall he sent up in due
time, is no' entitled to a certiorari, as the
application wa unseasonable;!
Where in an appeal fi out the Superior
Court, the Judge of that court has hot
made out a statement of the case, on uc
count of the pressure of business during
the term, and the parties will not consent
to us being made afterwards, there must
be a new trial ex necessitate, to secure the
appellant's tight to being beard in the ap
pellate court. '' ,
An amendment of the writ involvir, j a
total change of party plaintiffs was allow
ed on payment of costs, where they were
nominal parties and the name of the per
son beriencially interested was always
present on the record. I he suit was
founded en a guardian bond, and the light
in an action ot tieut to recover a pen
alty tnuier the statute or usury, it is not
Miffi' ient to ai rest the judgment, that the
juty have found a serdict for less than
double the sum loaned. The sum on
which usurious interest was taken, was
kSO, the tcrdict of the jury $155.
A deed of gift of a slave made by a
mother to a child, shall operate in firgrnti,
notwithstanding an endorsement that the
parent should have the use of the slave
(luring lilc ; such reservation being repug
nant and void. The pioperty so given,
w as he! J not liable tu the debts of the hus
band, to whom the mother was subse
quently married. i
orus charging persons with incest
are fcot actionable as such, unless they al
so impute a crime tailing: within the anl
in..riYCtsion of the act of 1805, Cap. 084,;
lit . Code.
White a bequest is msde of slaves to
certain persons, and it appears that its ob
ject is to effect an emancipation, the be
quest is void, and a trust results for the
benefit of the next of kin.
The penalty of a sheriff's bond being
prescribed in depreciated money, it ought
regularly to be reduced according to the
scale, when the bond is executed- Hut
if a bond is given in the nominal amount,
it is good at common law, but then the
summary remedy provided by the act is
not applicable to it.
Where a persuii is tiled for a burgbry
and s'taiing ll.c money pf A," but is ac
quitted of the burglary, and convicted of
the larceny, he cannot afterwards be
tried for a robbery, and stealing the same
money. ' ' ' " j
A surrender by the bai! to the sheriff;
in vacation of a person recognized to an
swer a criminal charge is valid, under the
construction of our acts of Assembly.
fsome cases cm the law of desr-nis be
fwrc IUCi weic alao devided, in which the
rule was again affirmed, that the half
blood were entitled to inherit in purchas
ed estates; and several cases resting on
the familiar principles governing limita
tions of chattels.'
Cattins Rrflectimi. As the Kc. Dr.
Hari et, of -T rinity College, Dublin, was
walking one day in the Provost's garden,
two of the students who were looking out
. f .1 , .In... ' .. .4 I . i nnJ ,."....-
U4 ttC SltiUVM, W V 44. W.,J
procured a looking glass, n which, catch
ing obliquely the rays of the sun, direct
ed them full in the face of hit reverence,
who being offended at the indignity, pro
ceeded directly to the apartments of the
young gentlemen, and bid, u Well Mr.
B. nd Mr. W.! I fine you each I0d. for
casting reflections on one of the heads of
Srri. When the Jesuits settled the
plan of education in the College of Cler
mont, the Physicians were consulted on
the portion of time, which the Students
should be allowed for sleep. T hey de
clared, that five hours were a aufftcient,
six an abundant allowance, and ncn as
much as a youthful constitution could
bear without injury. ,
A'"!'"' Mt'ini -r. .1 he father of 1'red1
e'nek'the Great, so fome! for his passion
for tall soldier n,nd for beating his wife
and chil'lretu' I ing one !ay at dinner
with his familv, liis favorite daughter ven
tured to complain of their fare, which had
long been very, 'hud. What do yo i
mean?', rrnHed the Prussian Monarch ;
'what faulJ is there in my table?' The
fault Js, said the Princes,, 4 that there is
hot enough to satiufy one's hunger, and
that the little fherr is consists of coats
vegetable!, which we cannot digest.' I his
put the best of Princes' in a furious rage,
but hi passion Vented itself on the Princti
Roys! I afterwards Frederick the, Great)
and the princess ffoyul (subsequently
-Margravine of It re tin, who relates thi
story in her Memoirs.) " The monarch
first thtew a pite at the head of tho
Prince," who avoided the blow; he then
threw one at the head of the Princess Hoy.
al, 'which . the do avoided A pelting
storm of abuse followed. He flew in a
rage at the Queen, scolding her for tho
bad education the gave to her offspring ;
and, turning to the Prince Royal, he said,
4 You ought to curse vour mother ; she in
the cause of vour being so ill bred.' Af
ter abusing them till he wanted breath,
they rose from the table, and, us they
we're obliged to pas Close bv hirn, he aim.
ed a blow at the Piince'.s Hoval with ouo
of his crutches, which she luckily avr irled,
or it would have felled her to the ground.--
He pursued her for some time in his umi-
ty rolling'car t but those who dragged
what a dignified scene ;) gave her tune
to escape from the paternal vengeance ut'
the Lord a anointed.
Ceargr . UntUth. This very sing-i-ar
man was born in Boston, and was grad
uated at Harvard College in 1307. lio
was by turns a Deist, a Jew, t Uaitoti
and a Calvinist Christian. After having
preached the Gospel, he entered Me r.avy
as Lieutenant cf Marines in 1 8 IS. served
a year or two in the Mcditerram 4u i it
rtl Constantinople, and the chi"-, tf Asu
Minor, fcnd then entered the 'tu,:i ry ser
vice of the Pacha of Egyp' with honi
he has been engaged in acivu warfare till
this year. He emhrara-a the Mahorpe
dun religion, and as.uined the name of
Mahomed EfTcndi. .Mr. Wolff, the Jew
ish convert, inform! that Mr. E. is about
to give up the Mahoroedan Religion, and
again embrace Christianity. In his mill
tary adventures, he has collected much
information concert ing the countries on
the Upper Nile, which will be published,
it U said, on his arrival in this country.
He is said to be fi fr.nk, amiable man, of
pore mory, and profound learning. While
he has been f.ghting under the Mahome
dan crescent on the Kile, one of his class
mates has been preaching the doctrintf.
of the cross to the natives of Ceylon, an
other has been fighting under the Mexi
can sundurd, tiid a third has been circum
narijating the globe. Iumi. Cjz.
Thi Itainltm-.'i'he poets feigned tha
rainbow to be the residence of certaiu
serial ctentures, whose delight it is to
sport and wnv.ton in the clouds. Milton,
in his exquisite pastoral drama of Comu,
thus alludes to this platonic idea :
I tcyik ft for a Ciry vision
- "Of aoine pay ceetture of Uie clement,
fc 1 hat in the colour of the rainbow lire,
. , " And play i' th' plighted cloud."
Shakspcare is the only writer who has
alltnled to the colours which are reflected
on the eye whtn suffused with tears.-
The rainbow, which, not improbably, first
suggested the idea of arches, though beau
tiful in all countries, is more particularly
so in mountainous ones ; for independent
of their frequency, it is impossible to con
ceive any thing more grand than the ap
pearance of this fine crch, when its points
rest upon the opposite tides of a narrow
valley, or on the peaked summit of pre
cipitate mountains. The Scandinavians
trlicvrd i. f cwnect esrth trith heaves,
and gave it, for a guat dian, a bebg, called
Heimdaller, It i impossible to see a
rainbow without feeling admiration to
wards the power that forma it. One of
the glories which are laid to surround tho
thtonc of heaven is a rainbow like an em
erald. In the Apocalypse it is described,
as encircling the head of an nngel ; in
Ezekiel, the four chcrubims are compar
ed to a cloud arched with it. Jieautiet tf
taos Tt aaitmoai rarmioT.
niaf lias f tee, and what Bitsiit u f.
'I hie to see young ladies, after they
have left achool, possess sufficient mod
esty to keep them out of the streets, and
not expose themselves to the gaze of the
idlers, who have nothing to do, but stand
at the corne r and make remarks. The
brightest gem ceases to attract admiration
when seen too often.