North Carolina Newspapers

YMi. 1V. .VO. tu. 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 minutes. 13v.t'15 THOS. CAl.LOW'AV, C. C C. , NORTH-CAROLINA, ' 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 BVKKF. COUXTT. 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. UU.UKtVV.S, &c. 'I 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, ,Ns,tkc. "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. WIAXTON V .Vy20, 1W. 3wtTSe .SOT ICE. IP 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, HUTHF.UFOtll) COUNTY. 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 against him. tT.'p Witness, ISAAC CHATON.C.C. fetute ui N(ivt-C',voAna, ucTitEnFonn county. 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. RUTHKlttOHll COUNTY. (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 , on 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, LINCOLN COUNTY. 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 sconding debtor. 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 (now repealed. , 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 Lontinilcd unchanged. 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 Trinity College. 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. , Butlcr't lieminitctncti- WnutUvry. 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 Aature, 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.