Newspapers / Carolina Watchman (Salisbury, N.C.) / Dec. 4, 1873, edition 1 / Page 2
Part of Carolina Watchman (Salisbury, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
1 " ' " : - , f - : - :-: ; '.- .. ' ft J ' . , W - - "' Witt ! ' " y P I - - ; ;? . - i - - -; ! - - - (Csrotina UJalrlimait. SALISBURY. THURSDAY DEC. 4. Congress Met kit Monday. Blaine of Maine reelected speaker of the House. The President's message was read on Tuesday. It if said to contain twelve or fifteen thousand words. Bills have been intro duced asking the repeal of the "back sala ry' measure. J edges Brooks and Bond hare refused to grant the injunction asked for in the ease of Self V the State Treasurer ; but .they decide that the Special Tax Bonds are constitutional, well, these men are a law ante themselves ; they do not seem to he guided by either statute law, prece dent, reason or common sense. They may held that to be constitutional and valid thai is really unconstitutional and fraudulent ; but it wtll not change the opinion of the people or their purpose with respect to these corruptly issued bonds. The people will never pay them, and they should not. THE LEGISLATURE. This bodv has oerfected little or no j jj. business yet, though a great deal of work baa been cut out and presented for the consideration of members. Quite a number of bills and petitions to restrain liquor venders, has been intro duced. The question as to whether the constitu tional amendments affect the legality of the present legislative was decided in the negative. A bill to consolidate the West N. 0. and the N. 0. Railroad Companies has pissed 2nd reading. gg GOOD AND TRUE. We are glad to see that good old fami ly newspaper, the New York Observes, has come out boldly in opposition to the foolish practice of baiting subscribers with cheap pictures. It declares the premi um business demoralizing, and repudiates it altogether. It will not be long before every paper that is worth having will take the same stand. A good family newspaper at $3 a year is the cheapest luxury that can be enjoyed, and we can heartily recommend the New York Obbkhvek as such a paper. S. 1. Prime k Co., 37 Park Row, New York. Two weeks ago we said that the people may yet have to pay the fraudu lent debt created by the Legislature of 1868-'6U, because of delay in disposing of it. Wo also said that the holders of these bonds were rich and that If money could be made effective with the courts, they would leave no stone untnrned to make the people pay them. It will be seen from an article in another column from the News, that a decision has already been obtained in favor of these bonds. We do not charge that it was corruptly ob tained ; but it shows what we may expect from the party and the courts now in power. State rights or State sovereign ty is to be ignored and the collection of the most iufamous and corrupt debt ever imposed upon any people, enforced, if they will only submit to it. But, will the submit to it t Will they be forced to pay this monstrous swindle bullied into paying it? They can commit but few greater crimes than that which is in volved inthe slightest agreement to pay, without the force of bayonets, this forged and venal debt. It is a high crime to sanction or endorse a forgery such as these bonds are; and we have no idea the peo ple will do it without force. These bonds ought to have been dis posed of long ago. We have urged for four years the necessity of a convention to get rid of them. A convention is the only power in the State that can now place them beyond the possibility of res surrection. Then, let us have a conven tion. If our Legislators could rise above party considerations and resolve to do something that would redound to the glory ana permanent good of North Carolina, they would at once call a Convention by a twoithirda vote for the purpose of dis posing of this all important question. Will they do ill NO WAR. We are gratified to be able to announce onhe authority of the latest advices from Washington, that there will now be no war iwith Spain growing out of the aeisure of the Virginius and the execution of her passengers, the whole matter having been amicable adjusted by Secretary Pish and Admiral Palo, Spanish minister resident at. Wasbingt on. The folio wiog are said to be substanti ally Umj terms agreed upon : JVrai. The immediate delivery to the United States of the ship Virginius and all the surviving passengers and crew. Second. A salute to our flag on the 25th of December next, unless in the meantime Spain shall satisfy the United States that the American flag was improp erly borne on that vessel, and further that she had no right to the American flag or American papers. Iu this event the sa lute to be spontaneously withdrawn, and Spain is to formally disclaim Any inten tional indignity to the flag in the acta committed by Spain against the Virgin ius. Third. If it shall thus be shown that the Virginius had no right to carry the flag and American papers, the United States will institute proceedings against the' vessel and the surviving par ties who have violated the laws of the United States, and Spain guarantees to institute proceedings against any of her authorities who- may have violated either law or treaty stipulations. Fourth. The matter of reclamations for damages is reserved for future consid eration. J In addition to the above it can also be positively stated that within the next two days Secretary Fish and the Spanish Minister will determine the port at which the Virginius and the surviving passen gers and crew shall be delivered to the United States. The words "immediate release" as applicable to the delivery of the Virginias and surviving passengers and crew implies, of course, a reasonable time for its execution, as some days must elapse before Havana and Santiago de Cuba can be reached. The agreement is regarded in official quarters as covering all the points of onr original demands, though in a modified form, while it is considered. Eclectic Magaxine. The Decern bet number of the Eclectic is at hand, and is filled, as usual with good things suited to every taste, and especially to such tastes as like a little solid food inclu ded in their monthly Menage. This num ber is the closing one of the year and of the volu me' and its appearance rem iuds readers that the time has come to send in next year's subscription. The Eclectic was never better than now, aud never filled so exactly the requirements of a family magazine. It is a perodical which the most cultivated pater familias will find it profitable to consult, and which can not fail to carry an educating influence into every houshold that it penetrates The new Volume begins uext month and we commend it to onr readers as a magazine which can be relied on from year to year. Published by E. R. Peltoh, 108 Ful ton Street, New-York. Terms, $5 a year ; two copies, $9. Single number, 45 cents. The December numberof Wood's House hold Magazine is replete with good read ing eutertaiaing sketches, stories, poems, &c, dec Its table of eon tents embraces the following articles: 4 A Better Country," Mary Hart well; An Engineer's Yarn. Albert Wil liams, Jr., Our Party at Sea, Rev. J. S. Breckinridge; Two Enthusiasts, H. M.Lew tral; Presence of Mind, Rev. F. W. Hol land; Our Babies, D. A. Gorton, M. D.; Blessedness sf Riches, Tenoroon; Hans Doodledee, Rudolph Mentel; installment of Max Kromer, author of Jessica's First Prayer ; Codfish and Potatoes, Chapter II, by Eleanor KJrk; Misery Jippean, Chapter VU, VIII, by H. T. Osborne. In addition to these articles are several pretty poems, a charming little Cottage Design, and editorial departments embracing Our Housekeeper, Correspondence, Literary Notices, Laughing Stock, etc., &c. The engraving for this month is entitled "Old Folks." AH the above for only one dollar per year or with cb romo Yos emite one dollar and a half. Address, 4 Wood's Household Magazine, Newburgh, N- Y. BISHOP CUMMINS. This distinguished prelate has resigned the Episcopacy of his see, in consequence of the clamor raised against him by the high 1 ai m , !(' . - cnurcn party qi nis church, for having uni ted with his f Presbyterian brethren" in celebrating the Holy Communion at the late meeting of the Evangelical Alliance in New York. It is further stated that his trial has been called for, and that he is to be formally deposed for the offense. The Archbishop of Canterbury, the " Pri mafe of aU England," wrote a letter to the Alliance, fully approving and endorsing its objects. The Dean of Canterbury attended themeeting of the Alliance, and joined with Bishop Cummins in celebrating The Com munion with the members of the various Presbyterian denominations. So also did Lord Alfred Churchill, a distinguished mem ber of the Church of England. And more recently, we learn from the Dundee (Scot land) Advertiser, Her Majesty, the Queen, and -supreme head of the church in England, partook of the Communion in Crathie Parish with her " Presbyterian brethren." Bishop Cummins certainly seems to be sustained by vfry hhjh authority in the An glican Church. In addition to the present Queen and Archbishop and Dean of Canter bury, may be mentioned such great reform ers land martyrs in the English church as Arenmsnops usher, Abbot, GrindaT, and others; Bishops Hooper and Ridley; and such other great Hghta as Cudwortli, Kales, More, Tillotson, Chillingwprth, Hoadly, and many others among the purest characters and brightest intellects of which that com munion can ever boast. Now, if the American church deposes Bishop Cummins, we are anxious to see what the English church will do with Her Majes ty, the Queen, and the Archbishop and Dean or Canterbury. There may be a canon of the American church to which Bishop Cum mins is amenable, and which be has violated in the act referred to, while there is no such cannon of the English church we don't know how this is. jBut it would seem un likely that this is the case. It seems im probable to one uninformed, that higher church notions khould prevail in Republican America than in Monarchial England. The high pretensions of priestly power and church infambility set up by Archbishop Laud, may have beten thought necessary by a party for the support of that arbitrary power, which he was believed by many to be aiding Strafford to establish, but we can see nothing in our free institutions calculated to promote the growth of such views. If thev predominate here, they would seem to be an unnatural growth, and it remains to be seen how far they rill ;promote the prosperity uarmony e Episcopal body iu FOR THE WATCHMAN. Messrs. Editors : Thinking that soma of your readers might, perhaps, be Interested there by, I will giveyon a short sketch of a trip which our party took last week through Davidson and Randolph Counties. The weather was not very propitious at first, but being well prepared with wrappings for such a journey, we did not suffer much inconvenience either from descending showers or wintry blasts. At the ead of our first day's journey we found good company, the best of fare, and comfortable lodging at the home of Dr. James F. Beall just beyond the well known "Jersey Settlement." It beats the name of "Cotton Grove." Passing on we found, next day, some rough country in the vicinity of Moore's Springs twenty-five miles east of Salis bury. These Springs have been tested by in valids in search of health with the best results. Ware they more accessible, they would soon be come a popular resort. The climate of that region is healthful and the water is chalybeate, besides being strongly impregnated with sulphur, and perhaps salts and other ingredients. The foes of the country within ten miles of Ash bo ro. on this side, is 'very broken, and the scenery is wild and striking. There are several mountains of no inconsiderable height and proportions, among them Caraway and Back Cteek moun tains. Gliding along in the valleys at the base of each, is a large stream; bearing the name of the mountain that overshadows it. The Uwharrie, a larger stream than either of the above named, also waters the land of Randolph. Along these streams are some fine bottom lands, which have long ago become appreciated, as is evident from the comfortable homes that are seen on all sides. Ashboro seems pretty much as it has seemed for years no visible signs of enlargement We were told, however, that the good-teniplars had been at work, and that all the barrooms in the place had been closed, no liquor being allowed to be sold within the cor porate limits Court was in session there last week, his honor, JudTourgoe, presiding. We noticed a goodly number of the Greensboro bar present. There were no capital cases on the docket that we heard of. In Ashboro we were guests of Benj. Moffitt, Esq., one of the thriving merchants of the place. We were very kindly received, and will long remember Mrs. M. who is a charming little woman, and who knows how to make her guests comfortable. If politeness, good hnmor, energy and experience combined mate a successful merchant, surely Air. M. is already one. We visited the cotton factories on Deep River and heard the clatter of looms and the ceaseless hum of a thousand spindles. We were pleased to learn that, notwithstanding the pome, our Randolph factories have not yet been compelled to suspend and to discharge their em ployees at this most unfavorable season of the year. It may not be very generally known that there are five large factories in Randolph and that there is water power safficient for a hundred more and that, .the finest in the State. The night before our return we were kindly enter tained by Hugh Parks, Esq., the able and erli cient Agent of the Randolph Manufacturing Company, He is another one of the hospitable and -prosperous citizens of Randolph and the weary traveller is sure to be warmed and com forted beneath his roof. He has a beautiful and commodious home presided over by a clever and accomplished wife. We returned home much pleased-with our trip, and hope this sketch, which has been lengthened beyond our first purpose, may not have proven tedious. F. For the Watchman. -Raleigh, N. C, Nov. 25th, 1873. Editors of Watchman: Have you got the paiic ? Are you enjoined? Did it snow unexpectedly at Salisbury ? Is wood $4 per cord pr. "lectle" cord with you? Are the whooping cough and measles in your town ? Is cotton expensior to your people 1 " Are strolling theatrical bands chasing the nndour shilling in endless suc cession through your town halls? Do groceries, as to price, stand firm in the panic, like "N. Y. drummers," while labor languishes and money disappears ? Have you sixty odd liquor saloons constantly run by our law-makers for the impoverish ment and degradation and ruin of the citi zens ? Has the epizootic announced its re vis i ta tion ? Are the honest and the dis honest, all alike, wearing gloomy faces ? Is anybody hurrahing for Cuba and weep ing over the dear flag and hectoring Spain, without; first making a bona fide offer of himself ; for a private's duty through the war ? If you can answer "no" to all or any of these interrogatories, you are not prepared to thoroughly sympathize with the denizens of your State capital. But the gradual improvement in cotton has slackened the cords that bound trade and business a little. To nav debts and to get necessary articles of living and is ui . - labor, many are bound to sell some. The injunction on the State Treasury was only imaginary a notice not being a restraining order and so there was a live ly time fit the State Treasury yesterday the law-makers &c, useing the coveted opportunity to get to the charming bills. The Legislature is starting to work very earnestly. They will do their best. Last session they made the impression that they were wanting in moral courage not brave to do duty and take the conse quences. They start this session under somewhat of distrust in consequence and will have to redeem reputation as well as establish and maintain. In moral charac ter and deportment they are worthy of the pride and honor of the State at least in contrast with some bodies that have pre ceded them. Both houses contain men of ability and promise, but they greatly need more experienced and adequate leadership. i7 a5VtriviDS to set faithfully and well and deserves the encouragement of their constituency. Their difficulties are momentous enough to tax their powers, were they all sage statesmen. Folly can do in a short time what Wisdom will need long years to remedy. Thoughtful peoole here think tb.t U will be expensive fun to go to war with Spain and further believe that men who go filibustering onght to take the chances of their choice. Raleih is now remarkably healthy. We reiejee at the improved healthfulness of Salisbury. Tour accomplish towns man and representative Mr. Craige one of our admired and rising young men baa just grafted from the gardens of our aty a lovely "Branch," fall of beauty and of bloom, May they ever prosper and be bftppyl Indeed there has been a matri- monial epidemic here, nor is it surprising to those who know the multitude of "num ber ones" in both sexes that adorne oar society and how contagious the fever ia. We are grateful In Salisbury tor sending us so valuable an acquisition as Mr. Foust who is in one of onr excellent dry-goods establishments. A jonuf man of pure character, devotion to useful business and earnestly pious, is above prion in these days. K X on haw lost several or your most prominent eitizens this year by death. It is hoped that to take their places in the conduct of your material and moral inter ests, there will not be wanting men of character and righteousness. I know your community feels the loss sorely. May it be controlled to the good of those who re main 1 Among the elders in your town, the ranks are gradually growing thin ; ja . e a aye, tney break sometimes wnere the young and the strong were standing: What does this say to all 7 ME. The above was crowded out last week. Important Decision in Bankruptcy Where the homestead has been duly laid off and allotted under the State law, and to fraud, complici ty or other irregularity is shovn, the Bankrupt Courts wot not order a re-assessment for stare of value. In the District Court of the United States For the Western District of North Carolina. In re. Jack Hail BANKRUPT. I. R. H. Broadfield, one of the iegwters of said Court id Bankruptcy, do hereby certify that in the course of the proceedings in said cause before me, the following question pertinent to the same, arose upon exceptions, and was anted and agreed to by the respective counsel, Charles Price, Esq., for the excepting creditors aid Luke Black mer, Esq., for the Bankrupt: On the 23d day of June 1873, Jack Halt duly adjudged a bankrupt in said court upon his own petition. In due time John S. Hender son of Salisbury was appointed assign ee of his estate. Within twenty days thereafter he pro ceeded to lay off and assign to the said Jack Hall, bankrupt, the property exempted from the operation of the 14th Section of the Bank rupt law, as amended by the Acts of June 8, 1872 and March 3, 1873, and returned a Schedule of the same into the Register's office. In pur suance of what he understood to be a rule of this Court, the assignee adopted the return of the Sheriff's appraisers, and laid off and assigned said bankrupt the homestead laid off and allott ed by the said appraisers under the State law on the 16th day of April, 1870. I due time ex ceptions were filed to the Assignee's report of Exempted property by Fannie Williams and Alice March, (assignees of W. B. March,) credi tors of said bankrupt who have duly proved their debt againt his estate, alleging that the homestead assigned therein is valued much be low its real value that they are informed and believe that the same is worth four thousand dollars. The Judgment on which the present proof of debt by Fannie Williams and Alice March, (Assignees of WB. March, and except ing creditors in this case,) against said bank rupt's estate is founded, was taken on the 4th day of April, 1870. No other creditors have proven debts against said bankrupt's estate. Upon the above statement of the case, the following question of law arises : Whether, where the homestead of a debtor has been laid off ancrallotled to him by apprais ers, summoned by the Sheriff pursuant to the provisions of the Act of April 7, 1869 of the laws of North Carolina, and the creditors of such debtor filed no exceptions to the return of such appraisers, but hare aoquteseed in the same for more than three years, "the amount" of such debtor's homestead, both in value and extent, has not been thereby ascertained and fixed un der the State law, especially as against all who were his Judgment creditor's at the time such assessment was made by the Sheriff's appraisers, and whether, therefore, such homestead thus ascertained and fixed, under the operation of the State law, is not "the amount" of exemption in lands to which such debtor is entitled when he afterwards avails himself of the benefit of the Bankrupt law of Congress, as amended by the Acts of June 8, 1872 and March 3, 1873, no fraud, complicity or other irregulari ty being alleged against theSheriffs appraisers in laying the same off under the Slate law. Dated at Salisbury, tlm the 14th day of October, 1873. B. H. BROADFIELD, Register in Bankruptcy. Opinions of thellegister. Article X of the Constitutbn of North Caro lina provides, "that every hsmeataad, and the "dwelling, and buildings nssd therewith, not "exceeding in value one thousand , dollars, to " be selected by the owner thereof, or in lieu " thereof, at the option of the owner, any lot ia " a city, town or village, with the dwelling and " buildings used thereon, owted and occupied "by any resident of this State, and not exceed ing the value of one thousand dollars, shall " be exempted from sale under execution, or " other final process, obtained on any debt," ex cept for taxes Ac, for a speeifed period of time. The General Assembly, at the session of 1868 -69, passedji law to carrjjnto fjfcct the fore going, provisions of the Constitution Chapter 137 of the Laws of 1868-'69, Page 331. Said law provides, among other things, that " before levying upon any homestead thus own " ed and occupied, the Sheriff, or other officer "charged with the levy, shall summon three " disinterested persons, qualified to act as jurors," to whom he shall administer the prescribed oath. Said appraisers shall thereupon proceed to "value the homestead, with its dwelling and "buildings thereon, 'and lay off to said owner "such portion he may select" Ac. "The appraisers shall then make and sign in "the presence of the officer a return of their " proceedings, setting forth the property exempt "ed, which shall be returned by the officer, to " the Clerk of the Court of the county in which "the homestead is situated, and filed with the "judgment roll in the action, and a minute of "the same entered on the judgment docket." "If the judgment creditor for whom the levy ''is made, or judgment debtor or person entitled "to homestead exemptions, shall be dissatisfied " with the valuation and allotment of the apprais ers, he may, within ten days thereafter, or any "other judgment creditor within six months, "and before sale underxecation of the excess, "notify the Clerk of the Township thereof and " file with him a transcript of the return of the " appraisers and thereupon the Clerk shall notify " the other saaatees of the township to meet him, "ata time specified within ten days on the " premises, to : and allot the said home "Any appraisal or sllotsnsnt by the ''of the township may beset a side on applica M tion of any party interested in it, for fraud, "complicity or other irregularity. The pro "ceedings shall ha upon petition, as in other "special proceedings, and the applicant shall "give bonds to the opposing party for By the amendments to the Bankrupt law of June 8, 1872 and March 3, 1873, it is provided '' tUmi tk. . -11 -1 - . "by the said amendatory acta, shall be the " amount allowed by the Constitution and laws, "of each State, respectively, as existing La the -year 1871" Ac The homestead laws of she State, it will be seen, have expressly provided the means of their own execution and enforcement. They have provided a tribunal to ascertain and fix both the value and extent of the homestead. Where the debtor has not previously had his home stead laid off and allotted by assessors appointed by a Justice of the Peace, that tribunal is the Sheriff's appraisers. Where there hi no appeal from the judgment and return of such appraisers, by filing exceptions with the Clerk of the town ship within the time prescribed by law, that judgment is final certainly final as against all the judgment creditors. Soch appeal, by filing exceptions, must not only be taken by any judg ment creditor within six months, but it must be taken "before sale under execution of the ex cess." Soch appra isment can never afterwards be set aside, at least by any one who was a judg ment creditor at the time it was made, except "for fraud, complicity or other irregularity" and then the proceedings must be by petition. If no "frand, complicity or other irregularity" can be shown, such homestead has been thereby ascer tained and fixed under the State law, both in value and extent, and must remain the fixed homestead of the debtor during the period of its legal duration against all such judgment credi tors, if not against all others. In this case, the judgment on which the proof of debt by the excepting creditors is founded was in existence at the time the homestead was kid off by the Sheriff's appraisers. The then owner of it the assignor of the excepting credi tors failed to notify the Clerk of the township and ask for a re-assessment within the required time. The judgment of such appraisers has ever since been acquiesced in a period of over three years. And even now, in the exceptions filed to the report of the assignee in this Court, no "fraud, complicity or other irregularity" is alleg ed in the laying off of the same by the Sheriff's appraisers. The homestead of said Jack Hall, bankrupt, had certainly thereby become fixed and irrevocable nnder the State law as against the excepting creditors and no others hare proven debts against his estate. "The amount" to which said bankrupt was entitled as a home stead under the State law, had been clearly as certained and fixed by the tribunal created by law by that purpose, and that b "the amount" to which he is entitled under the Bankrupt law, as amended by the Acts of June 8, 1872 and March 3. 1873. This view of the law seems to me to be fully sustained in the only case I have been able to find where the point of law in vol red has been distinctly raised In re MosTey, Wells A Co., VIII Xa.iontd Bankrupt Reautter, page 208. In that case the families of the bankrupts had instituted proceedings in the Court of Ordinary of Lowades County, Georgia, under the home stead act of that State, to have their homesteads adjudged and set apart. The Court of Ordinary appointed appraisers to appraise and allot the exempted property. They acted and returned their proceedings into Court on the 27th of April 1872. The Court of Ordinary approved their proceedings on that day, and set apart the prop erty so appraised to the families of the bank rupt. On the 1st of May, certain creditors of the bankrupts took an appeal to the Superior Court, from the judgment of the Court of Ordi nary, on the ground that the property sat apart was of greater value than that placed upon it by the appraisers, and approved by the Court of Or dinary. On the 6th day of May, 1872, and while the appeal was pending, proceedings were inati tu ted. against the said M osier, Wells A Co., by their creditors, on which they were duly adjudg ed involuntary bankrupts on the 6th of June 187S. The counsel for the creditors contended) that on the filing of the petition in involuntary bankruptcy, the jurisdiction of the State Courts over the proceedings then pending by virtue of the State statute, in regard to homesteads and exemptions, ceased on the ground that the pro ceedings therein .had not been concluded. This view was overruled by Judge Erskine, on the ground that, "when the Court of ordinary ren " dered its decisions on the homestead proceed "ings, the judgments were binding and opera tive, if no appeals had been taken to the "Superior Court." By the local law of the State of Georgia, an appeal "does not vacate, but only suspends, the judgment" of the Court appealed from. The judgment of the Court of ordinary was still the judgment of a Court of competent jurisdiction, and would remain so, unless over ruled by the Superior Court to which an appeal had been taken. The U. S. District Court, there fore, merely instructed the assignee in bankrupt cy to apply to the Superior Court to which the appeals had been taken, for leave to be made a party to the proceedings there pending on the appeals from the court or ordinary of Lowndes county, and there defend the rights of the credi tors. Here, it seems to me to be distinctly and clearly held, that where the homestead has been laid off and allotted by competent authority nnder the State law, "the amount" of it thus ascertained and fixed is "the amount" to which such debtor is afterwards entitled under the Bankrupt law, when he seeks to avail himself of its benefits, or when he is adjudged an in vol untary bankrupt on petition of his creditors. In discussing the general question of home stead exemptions hi re Vogler, VIII Bankrupt Register at page 1 33, though the point was not directly raised, his Honor Judge Dick, said : "Where homesteads have been duly allotted " under the State law, and there is no fraud, "soch allottment will be recognised and allow "ed to bankrupts under the Bankrupt Act." In view of the reasoning from tha facts and law of the case, and the authorities cited, I am of opinion that the exceptions filed to the report of the assignee in this case should be dismissed, and the report of tha assignee confirmed, in ac cordance with what seems to me to he the strict letter of the law. R. H. BROADFIELD. Register ia Bankruptcy, Dick J udgk. After careful consideration of the question of law presented in this onto I con cur in the opinion so well expressed by the Register and affirm the orders which he has The evident intent of Congress in ing the amendatory acts r sawed to by the Reg ister was to give bankrupts the full benefit of the and exemption laws existing in a queatioos affecting soch legal HrhU to he considered and determined by a Court of bankruptcy. The asm art sad estate of bankrupt in this case was sllntssd and its ascertained and fixed in the manner prescribed by the State lawa upon such subjects. These laws furnished the excepting creditors a plain and direct mods of ntoeeeilinf for setting the allotment of the hoSM of v alue. Aa they had an opportunity for hav ing a day ia Court for assail lug their rights, they cannot avoid the nonseii nanus of their laches by resorting to a different of the United States usually serve the rights of parties as ascertained and adjudicated in the tribunals of the State where such Federal Courts are held. Where fraud, complicity or irregularity are alleged and estab lished by proper special proceedings the allot ment of a homestead mar be set a side in the State Courts, and in such cases similar relief will be furnished by a eeurt of bankruptcy. Fraud vitiates the most solumn judicial pro ceedings, and a judgment or decree b clear lv impeachable on the ground of fraud or ... w tion practiced en the Court, and the law ample and adequate remedies in sod Mere excess of value in the allotment of a horoe- atead is not fraud, and to successfully impeach such proceedings it moat be shown that the debtor by some fraudulent representation or de ception, or by complicity with the appraisers, procured enoh exo sira nllofieaL The vlaoe of an estate Is a qneetion of fact generally de pending upon circumstances which are appar ent to the public, and an excessive valuation may be clearly shown by proper evidence. As no fraud is alleged in this case the allotment of tbe homestead under the State law is valid, aud the estate did not vest in the assignee, and wss proper! v designated and set apart by him in the certificate of exempted property. The costs of these proceedings must be taxed' against we citcpung creditors. THE ORPHANS. We take the libertv to publish the follow ing excellent letter addressed to the editor of this paper : Dear Sir : It waa my good fortune two weeks ago to visit the Orphan Asylum in the town of Oxford an institution of which we have occasionally heard daring the last ten months. It was aa intensely interesting tight to me to see over one hoodred poor fa therless children , brought together from the different sections of tbe State, so happy, and surrounded with so maoy influences for good; so well eared for and instructed: so eager to learn, and having their desires for knowledge gratified. I wish every man aed woman in North Carolina could visit this Asylum, and judge for ihemseles of the magnitudejof the work and the efficient way in which it is doue-Oor friend Mrs. Col. Ro herds is the matron of the es tablishment aud a first rate one she to. The children all love her very much, and univer sally call her Grand-ma. She surely to in tbe right place. I saw some bright little races there from this town aud eouuty, and had them all gath ered around me on leering, and spoke to them of home and of their parents aud friends They sent much love to tboee at home and requested me to say to their friends to be sure to send th;m some token of rememberance at Christmas. Now it to for the purpose of gratify this desire I write jon this short letter ; So that not only the relatives and friends of these from our midst might have an opportunity of uuuisienng io uie nappinese of their loved ones there ; but that all who have hearts to feel for tbe orphan manv remember th fatherless ones, at tbe time when happy faces nuu merry nearts are surrounding there fire sides. There wllfbe provided for the orphans a L l T .1 1 - vMrieMMM jr, on a men win oe one or more presents for each one. The citizens of oxford ana surrounding country are even now mak ing ready for this. I Want oar people here, to aid also, aod I have concluded to aek aa a elf constituted agent to send forward anything and all that may be given to tbe orphans by uhs community and county. F I ease therefore published the aeeompeeiug advertisement in your paper for two or three weeks before Christmas and oblige. ' Your friend, J. J. SUMMERELL. THE ORPHANS AT OXFORD. All special bundles or boxes for the Orphans at Oxford, or chrirtmae gifts from presents or friends duly labeled aed directedato the indivi ual children, from this county, s well as con tributions for the Christmas Tree, or to the gen eral support of the asylom. will be received by me, and forwarded until the 20th of December. i. J. SUMMBRBLL NEW ADVERTISEMENTS. NATIONAL HOTEL SAU8BURT N. 0. RE-OPEMED. MRS. DXllEEVES, Who has for some months aeeupied this Central House for private boardina:. having met with most eneourging soeseas, hss been induced by her numerous friends to re-opened the. NATIONAL HOTEL. She is therefore ready to accommodate transient customers ; and feel assured from past experience and success, that she will be able to give satisfaction. Before to those who- have stopped at her house. The travelling public will find onr Omni bus at the depot on all arrivals, ran by Mr. It. A. BKINGLE. Dec 4 1873 1m. THE NEW WHEELER & WILSON Sewing Machine. I would reepectifully announce to the citizens of Salisbury and vicinity, that I have opened an office at the Salisbury Booh Store, on Main Street, for tbe sale of the New Wheeler & filsoD Seiini MacliDe. The most durable Mac Woe now in the Coun try; I would also announce to the people, that I will repair all old Wheeler and Wil son Sewing Machine free of charge. "I will give a $90 Mac hi ne to any agent, of any other Sewing Machine Company that will sew ten yards of seam ae quickly and as substantial as I will, do on the NEW Wheeler & Wilson Serin Iackiie Will also gave a rJOMaehioe to any one who will produce an old W. dc. W. Machine so badly worn that we east not saahe it do perfect work without any new parte. FLODE KNODE. Aj Salisbury N. C. Dee. 4. 167S -Item. NEW FIRM luttz, ORAHAH ft nMIDLtfca P"" 9 Start' Thev as. T large and well selected stock of FALL AND WINTER GOODS Cnsaestleg of Clothe, Cesaisaarea I Shawls, Flanoek, Domestic, Priaav TWriT' a large assortment of Yankee 5c2ooa 8H0E8, BOOTS, HATS, CAPaV Tun and a fall stock of GROCMLQ8, Which they bought strictly for Cask and aew roondina Cocnti I at prices as low sa the xney win lace great pleasure in Stock whether you boy or not is come one come all and We charge nothing to show yon we nay ana sen all kind of cc swab ae Grain. IWnn Pmib V Regs, Ac Terms StHetk, Chae er W. LAWSON KL K. r RANK GRABA J. A. RENDLEKAH Oct 1-Smoa. at W TERB.ELL. Hf TEBKBLL AND JAKES. 42NEff Livery, Sale aid M Stalk, SAISBURV. N. C. We have th r roc rh I mmI-i .a the well known and jepuW Mavsioa oiuir, ana are prepared to who favor as with a rll V ail good safe H ureas and Hurries, aad hire Bar- see, at moderate nneM x l wi u excursion parties, Ac. Win board Beries bv the tangle feed, day. or month, on special ossv trsct. We hare a large and commodates hw. for the accommodation of country panels, and Drovers EnpeciaUlyT TO STOCK FARKBS: We also announce to the Farmers of lowaa V""g oounues, mat we nave YOUNG REBEL fine young Stallion. 5 years eld nenJana. F!?1, ' tiftl1 m$,ay bay. andperSv ly 'kind in Harness. Was sired by RehsTDevS of Virginia ; he by Michael AngeloThelrr Ha ranee ; he by Sir Archie ; his dam by Yaw Lucas ; she by Waterloo : ahe by 8Uawaret ahe by Monsieur Tonson. Toung Rebel is s thoroughbred by his aire and from a fue daa of good qualities and suppoeed to he Of ia hlOOd' Rfbal'H Ktrln an,l l.ntr 1 JT? I in sufficient adveitisement. ' I Toung Rebel took the first premium et "v. oum rwr. v e oner ms aarvieai at ear Stable this Fall Season on the following terms Single serrice, $5 . for Season of 3 monthi from Nov 1st, $10. For i f'g nisj jq at the end of tbe Season, and as soon as the mare proves to be in foal. The change of pro perty. in either instance, will forfeit the Insurance- The mare and loal will be held respon sible for the Insurance. Will ase every pre caution to prevent accidents, bat will net be responsible for any that may occur. Will be thankful for a share of public patronage and will endeavor to give satisfaction. Nov. 1. 1373 Sm) T.J. STRAY BULL A stray bull came to my boose about six months ago. Tbe owner can have the same by coming and describing rrjparty. paying the cost of keeping sod sdrertising MRS. MARGARET WBBT. Nov. 27th 1873, lm. More New Goods at Panic Meet. McNEELY k WALTON. Are now receiving their third supply of Fall and Winter Goods, for this Season. Which they are offeiing at greatly reduced prices to Cask buyers. They deem it unnecessary to enumerate, and will only say that theirwood have bean bengal to suit the wants nf the people and their stock complete. They reapecti fully ask one aid all to call and examine for themselves. Cotton, in seed lint, and Bales want which they are paying the higK re sen prlees Thankful for past favors a continuation is Besetted. Salisbury Nov. 27th 1873, lm. 500 SACKS G. A. SALT, 100 do MaahaU's Fine do 100 Bbla. Molasses. In Store in prime order and for Sale by BINGHAM CD C. W. PEARSON, CIVIL ENGINEER Is prepared to ranrev. Lav Out and Divide land, make Plats; give estimates, and lerohyaw drainage, and water power, or any other work in his Que. Can be found at the residence of Mra B. Pear. - n SaJUborv, Nov. 20th, 187a-lav 101 Ml GOODS! CHEAPER THAN EVER! BOUGHT DURING THE PANIC, WHEN PRICES WERE LOWEST. We arc now receivinc and openine oux avail Stock of goods for 1873 consisting of Dry Goods, Boots A Shoes, Clothing, Hats dt Corns, Ready Made Clothing, Groceries, Bagging A Ttes and ail kinds of roods usual kept ia newer al Stock of Merchandise, which we sSjlsSsr minded to sell on as favorable terms as goods of tbe same quality can he had at elsewhere for cash or barter. We embrace this op portunity of returning oar thanks lor tee liberal patronage bestowed on ae bertufort -and trust by fair dealing and close artsatwra to onr business to merit a continuance of the same. , R. Jc A. MURPHY. Oct. 16, 1873. 2mee, YICK'S 3evC3s The nvvfcauW for For 1874. 200 PAGES; 600 ENGRAVINGS, SBsl COLORED PLATE, twelbhsd aartsrly, at 25 Cents a year. Kirst Ko. for 1874 just ueued A German edition at same price. ' Address, JAMES VICES, Bodhawer 5- nseamhar ith ln7.--tf HARDWARE. Wfcesi vow. want Hardware at lev figures, call on the undersigned at No. t Granite Row. D. A. AT WELL Salisberr, N. 0-, May 11-at f j L
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 4, 1873, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75