Newspapers / The News & Observer … / March 20, 1895, edition 1 / Page 2
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THE NEW SCHOOL LAW TUB COUNTY' COMMISSIONERS T 0 ATTEND TO ALL SCHOOL MATTERS. THE COUNTY BOARDS ABOLISHED. &■ Examiner of Public School Teach ors lie Annually Vpy »ntetl—'The Commissioners to Meet in July and Jaauary for the Purpose of Attend ing Especially to School Matters— Cosaty Superintendents of Public Instruction Abolished. The act passed by the last Legislature .unending the general school law of North Carolina is as follows: The General Assembly of North Caro lina do enact: Section 1. That section 2545 of the school law be and the same is hereby re pealed. Section 2. That the office of county board of education is hereby abolished, to take effect the first Monday in June, A. I> , 1895. All the powers and duties of said county board of education shall devolve upon and be discharged by the board of county commissioners of the several counties of the State; and, for the purpose of attending especially to school matters, the said board of county commissioners shall be required to meet o* the first Tuesday after the first Mon day iu January and July in each year, said meeting not to continue longer than two days at each of said meeting: Pro vided, they may attend to any matter pertaining to school interests at any of the regular meetings of said board as provided by law, bit the expense of all such meetings shall be paid out of the general county tuud of the county. Section 3. That section 2548 is hereby repealed. Bection 4. That the offOe of county superintendent of public instruction is hereby abolished, to take effect the first Monday in June, A. !>., 1895, and all the duties provided by la w to be per formed by the said superintendent as secretary of the boad of education shall be performed by the clerk of the ooard of county commissioners. Section 5. That the board of county commissioners of the several counties in the State shall, on the first M mday iu June, A. D., 1895, and annually thereafter, appoint an examiner, whose duty it shall be to examine all persons desiring to teach in the public schools of the said county, in conformity to taw. There shall be a public examina tion at the court house, to commence on the first Monday in July, 1895, and an nually thereafter, to continue from day to day until all the applicants are exam med,’and the certificate issued shall be good for two years from the date there of. All such applicants shall pay to the examiner, in advance, a fee of one dol lar lor such examination: Provided, that the examiner may examine applicants for teachers’ certificates at any other time or place, but when so examined the applicant shall pay to the examiner, iu advance, a fee of one dollar and fifty cents for such examination. Section 6. That section 2555 be amended by striking out the words “county superintendent of public in struction” wherever they appear in said section, and insert in lieu thereof the words “chairman of the board of •ouonty commissioners.” Section 7. That sections 2567, 2568 And 2569 are hereby repealed. Section 8 That section 2570 be amended by striking out the words “county superintendent of public in struction,” in line one, and insert “the oierk of the board of county commis sioners. M Section 9. That section 2571 be amended by striking out the words "“county superintendent of public in straction” wherever they occur in said section, and insert in lieu thereof the words “chairman of the board of county *ommissioners ” Section 10. That section 2572 be amended by striking out the words “eounty superintendent of public in struction,” and insert in lieu thereof * ‘county examiner.” Section 11. That section 2573 be amended by striking out the words “county superintendent of public in struction,” in line one of said section, and insert in lieu thereof the words “clerk of the board of county commis sioners.” Section 12 That section 2574 be amended by striking out the words * ‘county superintendent of public in struction,” and inserting in lieu thereof the words “clerk of the board of county commissioners. ” Section 13 That section 2575 be re pealed, and the following be inserted in lies thereof: “That for all such cleri cal work as shall be performed by the clerk of the board of county commis sioners, he shall receive such compensa tion as in the discretion of the county -lommissioners may be deemed just and right: Provided, the same shall not be a greater amount than the amount allowed by law for similar services performed by said clerk as clerk of the board of eounty commissioners: Provided further, that such clerk shall render an itemized account, under oath, for all such ser vices, and the same shall be paid out of the gen -rai county fund when approved by tne said board of commissioners.” Section 14. That section 2579 be amend ed by striking out the woids “county superintendent of public instruction” wherever they apjiear in said section, and insert in lieu thereof the words “clerk of the board of eounty commissioners.” Section 15. That section 2580 be amend ed by adding at the end thereof the fol lowing: “Provided further, that in the employment of teachers it shall bo un lawful for the school committee to em ploy any person more nearly related t" any of said committee, by blood or rnar .riage, than the degree of first cousin.” Section 16. That >eetion 2586 beaint-nd «ad by striking out the words “eounty su perintendent of public instruction” wherever they appear in sai 1 section, and insert in lieu thereof the words, “clerk of the board of county commissioners.” Section 17. That all taxes levied by the S ate for public schools, together *v>tb all fines, penalties and forfeitures that, are now provided for by law, or may*hereafter be provided for by law, also all funds in the State Treasury, or which may hereafter come into the State Treasury, belonging to the public school funds of the State, shall annually be equally divided, on a per capita basis, among all the school districts of the State, by the State board of education, according to such rules and regulations as may be prescribed by said board. Section. 18. That all laws and clauses of laws in conflict with this act are hereby repealed. Section 19. This act shall be enforced on and after its ratification. SUPREME COURT DECISIONS. A Digest of the Opinions Handed Down During the Past Week. Reported by Perrin Busbee, Esq , of the Raleigh Bar. P. H. Smith (appellant) vs. Maggie J. Smith, from Durham county. Opin ion by haircloth, 0. J. 1. Where in a trial for divorce, a wit ness was asked: “Did you ever have criminal intercourse with the defendant, if so when was the first time ?” and other questions of like tendency, which the witness refused to answer upon the ground that they might tend to crimi nate him; Held, that such questions are within the purview of both tpe Constitu tion of the United States, sth amend ment, the Constitution of North Caro lina, article 1, section 2 aud the Code, section 1354. 2. The policy of compelling witnesses to answer all questions, with a clause of absolute protection against future prose cutiou is one for the legislative branch of the government and not for the Courts. Affirmed. S. A. Salmon to the use of J. T. Rogers (appellant) vs. D. 11. McLean, from Harnett county. Clark, J. 1. A new trial cannot be granted by a Justice of the Peace (Code, Section 865) but iu the cases mentioned in the Code, Section 845, a rehearing may be allowed. 2. Where a judgment was rendered by a Justice of the Peace and afterwards on motion of the defendant, a rehearing was granted; Held, that as the statute of limitations ran from the last judgment it was error for the Court below to hold that this action, which was begun with iD the statutory limit from the last judg rnent, was barred. Error. O. S. Causey vs. W. H. Snow (petitioner), from Guilford county. Opinion by Clark, J. This case was tried at the February term, 1891, of the Superior Court aud should have been do-keted in this Court before the completion of the docket of the district to which it belonged at the Fall term, 18$4. Th’s not having been done, it is too late to docket or ask for certiorari at this term. The appeal must be dismissed; aud this, though the appellee did not move to docket aud dis miss during the week allotted for that district. Besides at the term of the Court held below after the expiration of the Fall term of this Court, the appellant, on-proper notice, procured a judgement of the Court below that the appeal had been abandoned, as he had a right to do. Cerriorari denied. Thomas H. Battle. Ex’r, vs. Wm S. Battle (appellant), from Nash county. Opinion by Clark, J. 1. To remove the bar of the statute of limitations there is necessary some act of the debtor, or by his authority, such as a written promise or a payment undei such circumstances as implies an obliga tion to pay the balance. 2 An a-signmeut confers no power on the trustee, as agent of the debtor, to do any act to waive the statute of limita tions or to express a willingness or in tent ion of the debtor to pay the debt after it should otherwise become barred. His agency is limited strictly to the du ties marked out in the instrument itself. E ror Van B. Moore, Ex’r., et al (appellants) vs. John T. Pullen, Adm’rs., from Wake county. Opinion by Montgom ery, J. 1. Where in a controversy between the propounders and caveator# of a will, by agreement between all parties interested, the Court found a certain paper writiug to be the last will and testament of one 8. and adjudged that the administrator, thereafter to be appointed (the executor being dead>, should pay to the legatees iD full of their legacies, certain sums of money named in the order; Held, that such adjudication was not such a judg ment of the Court for money by virtue of the compromise and without reference to the future execution of the will as would under Section 530 of the Code bear interest from the date of such judg ment. g 2 Pecuniary legacies bear interest from one year after the death of the tes tator, and the tender of the principal merely is not a sufficient one iu law as such tender is not one of all that is due. Judgment modified and reversed. R. J. Cobb, Assignee, et al. (appellants) vs. S. S. Rasberry and wife, from Pitt county. Opinion by Montgomery, J. W here, in an action to recover crops under an agricultural lien executed by the defendant, it appeared affirmatively that the marriage of the defendant and the vesting in the wife of the land on which said crops were raised, took place before the adoption of the Constitution of 1868; Held, 1. That the defense that the crops sought to tie recovered were raisedou her laid aud were her separate property cannot avail the wife. 2. Article X, section 6 of the Consti tution of 1868, aud the laws made in pursuance thereof, apply only to eases where the m iniate has been contracted or the property acquired since the adop tion of t.h*i ins rument 3 At common law the husband, when, by birth of issue, he became tenant by tl e curies; initiate, was the owner of the crops grown oa the wife's land Tin- Act ot 1819, Code Section 1840, only Highest of all in Leavening Power. — Latest U. S. Gov’t Report RpXd Powder ADSCL’UTEI.Y PURE The News and Observer, Wednesday, Harch 20, 1895. prohibited him from selling or leasing for the term of his life or any less term of years, the real estate of his wife, when the marriage had taken place as ter the 3rd Monday of November, 1848, without her consent by deed and privy examination. But his rights to the rents and profits were not impaired or disturbed 4. It was error for the Court below to instru t the jury “that notwithstanding the date of the marriage of the defen dants, and the time of the descent and vesting of the said title, the wife's right of property in the said crop was not af fected by those facts, and for that rea son the plaintiff was not entitled to re cover. New trial. W. W. Green, administrator, vs. E. A. Ballard et al. (appellants), from Frank lin county. Opinion by Fairclotb, C. J. 1. The fact of coverture, when ap pearing to the Court in the record, will not permit a personal judgment to be entered against the feme covert on her simple contract to pay money, and it is immaterial whether it appears in the complaint or in the answer. 2. Where the fact of coverture ap peared in the notice for an order to re sell the land | which the defendant had purchased at a sale to make assets and for which she had given her personal note with the written consent of her husband| and for judgment on said note, which notice was treated as a com plaint, it was error in the Court below to refuse to set aside the personal judg ment against the wife. 3. Such personal judgment, being null and void, it may be set aside at any time by motion of the feme de fendant, although no plea or answer was filed. Reversed. Mary E. Cram vs. William C. Cram (ap pe laut), from Wake county. Opinion by Avery, J. 1. Where in an action by the wife for support and maintenance, the fact of marriage and the subsequent separation were admitted by the defendant; Held, that the wife is entitled to an adequate support in the absence of any matter set up in bar by the defend int. 2. In an actiou for support and main tenance the plaintiff has the privilege of issuing a summons returnable in vaca tion, as in other special proceedings, ex cept that it must be heard before the Judge, not the Clerk of the Court, and the fact that she does not avail herselr of that right but fixes the return day i uring the term, is not sufficient to raise the question of the jurisdiction of the Court. The head lines of the section of the Code, which are intended to convey an idea of the contents of the sections, in no way affect the construction of the lan guage of the sections themsehes. 4. Where the allegations in the an swer of the defendant, which were duly sworn to, charged that iu consequence of the lewd and vicious life of the plain tiff he had abandoned her; that the plaintiff had admitted to him once that she had been and was then living in adultery; that as he is informed and be lieves, she has for v>ars been guilty of cons’anr acts of adultery, that she had lived with some man several months at Chicago, and with another man at De troit; and that two or three years after their separation, she had been delivered of a bastard child; Held, that sjueh allegations of infidelity on the part of the wife are too vague and indefinite to constitute the basis of an action of di vorce and consequently are entitled to no consideration in determining the question of the husband's liability for the support of the wife. 5. Where artich-s of separation pro vided that f the husband should pay a c rtain monthly amuontfor the support of the wife, which was alleged had b**en complied with until the plaintiff notified the defendant that she would no longer abide by the agreement ; Held, that while deeds of separation are tolerated bytheCour’s. the defendant will not, nevertheless, be permitted, after repu dialing the agreement by ceasing to pay or offer to pay according to its provis ions, to set it up as a bar to the recov ery of the wife of alimony, even though she had demanded by letter a sum larger than that which she had stipula ted in the agreement*to take as an allow ance, and which was contrary to the terms of said contract. 6. It is in the province of the Judge and not of the jury to ascertain and ad judge what is a reasonable allowance. Judgment modified and affirmed. KILR AIN-O’DON NELL FIGHT. Tie Contest Decided a Draw Amid the W ildest Excitement. Boston, March 18. —After an absence of four years from the ring Jake ®f Baltimore, faced Steve u’Donuell to night, for tight rounds, at the Suffolk Club. The contest was declared a draw amid the wildest excitement Knrain had plenty of sympathizers, among them John L bullivan, who oc cupied a seat behind him. He urged his old time opponent on. O’Donnell, al though a much lighter man than Kil rain, did not show up to advantage. It was apparent, as soon as Kilraiu stepped on the stage that he had been drinking and was not in condition. His stomach was large and he was very fleshy. He had not lost any of his old time cleverness, and it was used to advantage. At times it looked as though he would not be able to con tinue as h : s wind was poor, but he ral lied and showed wonderful strength. When the fight was finished. Referee Sheppard held his decision for a few minutes, but finally called the contest a draw. Brain workers will find Johnson’s Aro matic Compound Cod Liver Oil, with Iron. 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German Artist, Tyrone, Ptk North Carolina, t T nthH c nn ,. rior Cbiirfc Duplin county, > in the fcupt nor court Kilby Armwood vs Lurancis Arm wood Notice The defei dant above named will take notice that an action entitled as above, has been commenced in the Superior Court of Duplin county by said plaintiff agains* said defendant to obtain a divorce from the bonds of matrimony. The said defendant will further take notice that she is required t-o appear at the next term of the Superior Court of said county to be held on the 2nd Morday la-fore the first Monday in March, 181*5, at the court house of said county, in Kenansville, N C and answer or demur to the complaint iu said action or th*- plaintiff will applv to the court for the relief demanded in said complaint. This 14th day of January, 1895. JXO A. GAVIN. C. 8. 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The News & Observer (Raleigh, N.C.)
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March 20, 1895, edition 1
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