Newspapers / The State Gazette of … / Feb. 13, 1790, edition 1 / Page 1
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T H E S vl i-I-1 OF l v R 6 L I N MDENTONs Printed by H ODGE fc? W I L L S, Pointers to the State, by whom Subfcrip- Vi rions for this paper are taken : hut. 25s per annum, and advertifements of no more length than breadth inferted forj : :tKeft jfeek ands-fo'r every ti mcraftcrwards vIeTones in proportion. ; .' i G i . ; . ..... T T Pi : ' A A Vol: V. S A T U R D A Y, February 13, 1790 Numb. 214. An Aft to amend an Aft, entitled prent, profit, term or charge out of the " An Aft dtreftim the Mode of fame all be deemed and taken only -Jlreceidingainft-w of deceafed Debtors, where the per sonal ;. Eftate is infujficiejit for the Payment of the Debts. . , WHERE AS no mode of proceed ing is dire&ed by the faid ad for the adminilirator to recover againft the heirs any debts t owing to him from the inteftate, when the perfonal eftate is Infufficient to dif charge fuch debt: .. I. Be it enabled by tlGraljjffem hoflEenateot Nbrth Carolina , and it is hereby enacted By the authority of the fame, That in all cafes where admini ftration fliall be granted to any perfon on account of his being a creditor of the inteftate, and there mall not be per fonal affets fufficiertf to fatisfy the debts or demand of fuch adminillrator, it hall and. may be lawful for JucJxjadmi-' niftrator to prefer a petition againft the heir or heirs of fuch inteftate for the recoveryof , fuch 4ebt or demand; to the court of the county wherein fuch adminiftratiori was granted, or to the court of equity of the faid diftrift in which faid county may be, in the man ner and under the regulations preferr ed by an at, entitled " An aft for the better care of orphans, and fecurity and management of their eilates," palTed in the year one thoufand feven hundred and fixty-two, therein fpepially fetting "fbrtrkrthenatureof faidliebtiJrilemandp and the .amount, thereof, and praying that the heir or heirs of fuch iriteftates may be made defendant or defendants ' there.Candfuch petition being filed- confidered as aOets in the hands o the guardian ;ibr the benefit of 'thjjjpridis. 3jLaainJ&4j manner as afTets in the heir, and their heirs, fucceflcrs, execu tors, adminiftrator's and afligns, arid every of them, as null and void ; and every fuch creditor hall and may have and maintain his,&er or their action or anions ajgainft fuch devifee or devifees, in all cafe and in like manner as fuch aclion or actions minht or Could be .t in the Clerk's office, the fame proceed fendahlfWleh 01 petition tinder faid adt, and if a d cree ftiall be made againft fuch heir or fjrany of themjexjcjticiilihall- ttaCilme acainft the real eftate of the deceafed I debtors in th pofiefhon; of Aichjveir- againft : wh decree fliall be Given as aforefaid. Whereas it is not juft that- by the ' practice or contrivance of any debtors, their creditors (hould be defrauded 'of thejLjuft,debtsjAjid;wheretis it is reai: fonable that the deyifee or devifee siof fuch debtors (hould be liable to fuit for the anceftorTWIiejefbrei II. Be it 1 enaftiiJfthtfiuthey afore faidf Thzt all devifees of lands, tene- wieijtt ana nereouamcnts, or Qt any brought Or maintained againft the heir or heirs at law of fuch deceafed debtor, jointly with the heir or Keirs at law, or.feverally by virtueof; this,aQ. V'lllTTnblTiffuTiB enabled by the authority aforefaid, That in all cafes where a n y heir at law fh all be 1 iable to pa'y the debtlo.fJbisJrertariWftor regard of any lands, t erierhen 1 3 or he reditaments, defcending to him or her, or where any devifees ftial I; be liable to pay the debt of Ja teftator in regard of any lands devifed to hint; or her, arid (hall fell, alien or make over the fame beforeradion brought or procels fuedi out againft him or her, that fueh heir at law or devifees (hall be anfwerable for fuch debt or. debts to the value of the faid land fo by him or her fold, aliened or made over; in which cafes all credi tors; (hall be preferred as in -adlion againft executors or ad mini ftratofs, and execution ftiall be taken butr upon any j udgrrien t or decree obtained againft 1Kn1wirnor'eyifec tb.rthe vafue of tEe (aid Iandsas4f the .Tame : jvere his or Jberw piop landsfenements and hereditaments h nafide aliened before the action brought, (hall not be liable to ftfch executionr IV. Provided at ivays,Jii naded by the authority aforefaid t Ilhat-wheniany-mch-hii or devilee -(hall beli inlriof arid hve a cuardiari fuch guard ian.y and yhercithe minor ayjiayje no guard.bn, then and irijhat cafe the. court fhl apinjurdian foetendlEhiriuit for (aid juinor. : V. And be it further enabled, That when any guardian (ball have notice of, smy debt or demand againft the; eftate of hit or her. ward, he or (lie may ap ply to the county court whercituch guardianfhip was granted, for an order to fell (b m uch pfjheejrfona eftate"of fuchward as may be fufficient to difcharge fuch debt or demand : and hands of an adminiftrator or executor, after fieri facias as by the acl directed ; and the fame proceedings may be had againft fuch guardian with refpeft to the aflets aforefaid, as might be had or taken againft an executor qr adtvini ftratbr in fimilar cafes. Provided ne- verihdefshyiQtttz ttolT(halI be levied on the goods or chattels, lands or tenements of any minor in the hands of his guardian, until twelve months cias aforefaid nor (hall execution iffuc liable as aforefaid, at any time but on motion m open, court. :IVt- And bHtfuTtheTTe That (q much of the faid recited acl as re- 1 quires that the pleas of executors or Mminiftfators (hall be en bathiis here-!jl by repealed and made void. '-' I 4n Aft for raifihg a - Revenue for the ' Payment of the Civil Oft, and con tingent Charges of Government for the! ear One Thoufand Seven Hun dred and Ninety. ' BE it enacted by the General kf fembly of the fate of North-Ca'- rolina, and it is hereby enacted by the au thority of the fame, one thoufand (even hundred and nine-. y, a tax of onejhi ydredacres bflanlwithin this date, and a tax of three (hillings on each1 hun dred poiincls value of, town .property witn tneir improvements, and a taxxof -it-it-fur-- three (hillings' on leverppiTln this ftate, (hall be levied and paid in (tate xurrency Provided, That al jftKcTlandsu :fttSplaa pay a tax of eight pence on every hun dred acres of land. ' r..:' :" aMbwitfifo above men, tioried taxes (hall be collected, mid an ., acoiirited Ifor as ,di reded by an at ehfi tied 'M An afor a fcertaining what - ProPcr!Lm tm tate ihall be deemed ' taxaWe ptpperty, the method of VaflHIV . ? i n the Jamenjlcoljei taxes ancfaT&arientit led : Art fbrthe moregutarxolledirig ment or ana accounting tor the public V taxes. UlAndbeh further jtfmftedht fuch order of the court (hall Oarticu ebtsofahcjeTtato neTWaeirs:aUamto?4he4ebt' rirbnertv IMlfebfal? -J. ' , trie lame credit and under theftme re gulations as:property! fold by execu tliQulandpoundi ; paper currency fliaU' ,' or aaminiitrators, is or may pe by lawj be collects m money, and accounted ; and the proceed of fuchlalca (hall be I for iq thf fame manner as otto taxci Si' V i - : .
The State Gazette of North-Carolina (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 13, 1790, edition 1
1
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