Newspapers / The Raleigh Register (Raleigh, … / Feb. 20, 1824, edition 1 / Page 2
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V' ' f -' ij-. s .t,."jf . . f'i - 4 - ..... V" ' V -I. 'n i 4 1 ill in i. i n Act'to amend anV Act, "ntitledj Ah Act to provid for Children l born after the making, their.-pjRtowM,fnass!ed in the yea? 1808. 1 the above recited act; a pi her ; parent will, hipelled, to prefer-his ! w nereasuy. the, provisions 01 child born after tlie making of and unprovided for thereby is or her petition for a share or portion of such parents es tate; within" two years after the. probate of such. V ill, .whereby manifest injustice ifl ay j cerise ; therefore, I iy Be it ehactedibi""'the-General 1 WsseMUiA:bf the -State-jof NorthCarolina, and it is hereby enacted by the autlwrity of uie suiuef J iiar ni iwc u nuu iirtjjjicu iiiiii iiu peuuin shall 'be filed within the two years prescribed by the said lact, it i shall be the duty of the : executor, executrix, " adniinistrator witlr the wilTianhexed, of rthe pai-erit, bCr Ifore jie shall pay or deliver thelegacies in said will giv ienv or before . pay to the jnext of kin o f the test a to r, ianv residue undisposed of bv ski will, to call upon the said legatees, devisees awl next; of kin and the said after Mnd bc'ii farther enmted, rer shall be allowed' the saihel torn perisatioiiV Vaccordiii z JSotes issued m -virtue o! tlie 'General seuib! v Mi': ohauof vti Att, entitled " Assembly of the Staid of to tn3 amount of the Treasury this (act; I that he was al lowed by hertiofore for the like services. An Act to amend and extend the provisi Acpito promote agriculture, and family domestic, manufactures vn this State," 'iZ--r'' Be, it ... enacted bir Vie genera 4ffiifc-GaroUnd9 and itW eiiacted by the authdrim qf the same lhat it shall be thejduty ot each and every Clek of ,anyv Qiimty Cpurt pujierior Court of kajw CIerktandaJSl&er; Couft?witHin thi?Stateat the first session of the Court ! of wiucfi he is Ccrk, which shall jbe after 'the first jday of August next, and after the firptday of August in each and je very year thereafterftd produce to said Cout statrinent, to be made on oathi of',all monies remaini tig in his hands, and which were received liy him olficia ly threej years or more presvious rthprjBto, sjiecifying therein the amount of each separate claim, anu the name of tlie person, to whom the Same is payaoie ; and it there be jio shchfinonias in his hands, he shall; make affidavit oft oie fitJ the Judere or Chairman to to be" allotted to said child, and judge and 4 decree as by. said act that the t wlienever pointed -Xv!erlJi j . ' ' ' 'i'mmrti V the cora m issio n ers r an Ifcclabne to a reservation u anr India h 1 bv hdev the above mentioned treaty isj not a good and valid title, where the land so claim- ed has been sold junfler the authori ty of the StattV Ufiol the purchaser has bVelii fpuecl sljallhe sued lVir the saitief it shall he the doty of !tte Governor to employ some; able at torney2 to appear in beHalf of sucti pu irJi'aser, , an d te fend :,t he t i t e cjo'n- veyecl by the,Statei; Prodded th&i nothinerl hei vin contanad, shall have the effect, or be Construed to vali- titJP ot tue.pur chase i;s from the commissioners this State1 nor of any persons hold- mg unuerjjsucn purnnasejis. flinfn rhih : oit iai- hv i ill in Kn nifv nr nt t nn in tho Sn- W wincu iciurn ui auiuai o..;.. .k,.ti- -r?Ai.i.t '.:'u:io tUo ,.;TPPiitn.-i.'lpviJwii ui the Court betore whom.it i$ made, shall.cause and legatees or next 'of twin,' or '.of t'heihv ina ifeidei tvanpitteuV to the Public Trearlr of this State, on jor , to litigate "their resjccti ve claims and shall pray of. the bee vtheJt day ol Decern b, jin the same year, j 1 r.n,ti i- acrpi.fa!n:.s.ff,wal.l A;,fl. inrf nf tu-ndiiiml JI itffiirtker enacted, That; the (-Jerks aforesaid, m a a a m i X a. al a a av s' v. v .X amaar & . a m m mm a.A m.m m 1 . 5 I t - ' ; - I - r : ; I ' . i - T -l .a . 1' - ' - A ! w-. -at 4 1 prescribed by the befoie recited 4ct, the shaie to! which isnal,'on; or uel(,,e 1,,e hrstUayOt December .in each ahd said child shall be entitled uhderihe said act, and to Mi?: every: year, alter the torego ink statements are mat e, portion the shares or sums, whichjsaid legatees,1 dei isees i account with and pay;over to tl W Public Treasurer, ill 1 or next of k ii. shall severa vU-oritr butc toward" the share : M '' T i ici an ue m-ju oy mm m he said Court shall ad- be legal and e'qiiitabJe said e in- filial 1 : II. be it further enacted bit the authority aforesaid . . rli - - ' t ii l lit . .1 ' jS . : ' f j.iiat in case saiu cnuu snaiiinavej no guaruian, ine tGourt shalt apoiuta special gnai-dmn to delend tt tei est and rights oj s;ua chili. r : ; j 4 III." A sitl be it fitttlier eruLcieX by the a ulhority a foresaid. iThat the said petitiun, from the tiling thereof iii j tlie iclei'ksithcev' shall be a lieu on tlie real estate devised in the hands of the devisees, .fori the, share of such after: horn chii(!,. .Inch may be uecrecu by the Court on the hesi i-iij of ' t!i case J ;- ' j . ' :, t - . ' " j An Act to secure Iht rights of Landlords against Tenants holding- over 1 , after f thej expiratiop iof Jtheir terms. , ' i '! ur i Be it enacted byl tlie General Assembly of the State of North-CarolbiQt and it is hereby enacted by the dutltority of the same, That-if the Jessor of the plaintiff in any action of ejectment, his aeut. or attoi ney ; ot if aiiy one of sej-J Teral lessors, or the agent or; attorney of any one iessoij, shal 1 , at the return term of the declaration in ejectment, tile his or her affidavit that the tenant in possession ol tha. preni!e sued for, and jto whom the notice of said uit is directed in the pioccs issued, enteied into said premises as his or her tenant, or as tenant of the pei-son Jas whose agent or attorney siiid affiant deposes, that said tenanis term therein has expired, and that said tenant refuses tQ surrender ihe ossessibn of said premises to said Iessoi-s,'pr any one of tliem, said person in ' posiscs1--siotn: or any other - person made defendant, shall not be entitled to plead to said suit, land the lessors of the plain tifr"shaU be entitled to iuduient final against the casual ejector :at the said return term, unless the said person in possession, or other person applying to be made defen . dant, shall enter into bond. in such sum as the Court shall direct, with sureto be approved hy said Court; with . condition that said defendant 6r defendants shall pay the iiaid lessor or levssors, all sucli costs and damages as shall be recovered in said suit. And it shall be the duty of thejury, in such cases whereissue may be joined, to find in their veidict whether thedefendant entered into the possessionfof the premises as jthe tenant of the lessors, or of which of them, and whether: he refused to surrender the pi-emisesTafter his term therein ihafd expired ; and if .such finding shall be in favOiui;6f jthe lessors of the pUiniff; Said jury shall assess the damages to which the lessors of the, plaint iff shall he entitled, including the value of the occupation of ..the premises sued for, from the expira tion uf bald 'tenants? itertii'to tlie, rendition of the verdict! and damages forrwaste and trespasses during the term ofsaidltU'ng. ofandher Court shall render juilg inent against the defendant apd his securities upon their - said bondftOfbe;& ces assessedasC aloresaidi and the payment of-' all costs. J udghien t upon w hick Verdict shal 1 bar the action for the mesne profits, or for the trespass by any of-? tlie lessors in said action; Provided nevertheless. That it shall competent for the ; defendant 4r tenant in possession, rebuty-hb''Or-her'fddaVit;--;the - facts' set forth' in tliejaf , fjpavit oflered oil tlicpart of thejessor of the plaintiff, and the Court, in such cases, shall decide thereon, arid may, in its discretion, allow the affidavits on either -side to be corroborateu by otucr-amuaviis or eviuence. 1 trust, for.-the legal claimants, hot Svhilst unapplied for, shall, constitute a part of the fu rid created by tlie afore said jact.' : ; Ml.: i:-. j. ..' -Hi. And he it further enacted, That any Clerk a3 afore said, failing to comply with the iluties required by Itliis act, shall .forfeit and pav to '"the State, one thousand idol I a i's ; tolbe sued for and recovered bv the Public Trea surer in the Superro'r Cohrt of jljajv of Wake County, lapd be moreover liable to pay all suijhj nionies-as" hej may jbe c h a i -ge a b h v w j t j i , ii i u J ei the provisions of this act, j IV. And be it further enactelll fiPhat if any Clerk aforesaid, shall iail to pay any money by him admitted to be due, asaiore.said, on or hefpre the first day of ; De cern her in each and every year,' Such Clerk m.iy be pio- ceeuel against by the Public Record in this State, in the fault Be it further enacted, That as be to V ' An Act to authorise the issuing" of Treasury Notes. Be it enacted bif the General Assembly of the State of North-Carolina, and it is hereby enacted by the. authority of the sain ThaUthe I reasurer ot the btate be, ana he is w hereliyiiuhorlseu anuVllii'ecteclas i spon as he can conve wientfy do the same, :to issue tjiesum of one hundred thou sand dollars in Ti easin?y NotsoT the following dendmi natlons, to-wit :il e ceiits, teu cents, twenty cents, twen-y-fie cents, thirty cents, forty cents, fifty cents j5 and seventyf-five. cents. ' The notes to have such margin and devices, as the I'reasjirer may think proper to adopt, aiid shall be made payable, and receivable at the Treasury of Cthislateiatid slialibedated:and ' numbered and signed by tJiCL 'IJsurj&i'r hy ; sue ji person or persous as Jic rnay! a)pOut!Hem him in dating, num )beHi?figilg the sainej under Ids im mediate con " trolfsuinteuce and inspection.1 W - ' J I 1; Xl:B. ugurfhezjgiacteQL I hat tlie I reasurer shall ex- JJillljo MliUU" ..-.-'.nvj vn; iiuiv lu iilR shall tie apliccl:t(ir.j Tliie money tlius received, the Trea- surei 'shfilU ft-Siiutime to time.iinvest in the nuri h4for i tiie State;,of shares of any bf theiJanks iucOq0! ed by . ' t;tliiste, ft h rate hot ext eier their jjaHv aliu;: )l -i y 1 "il;1! enadedixM said notes shall he rei cei able in payment of debts and taxes due to the State; ai!.?h?y;s;hH the Ti-easui-er as wea& been main Treasurer in any Court jof like' manner as asrainst de-. here.fl State -shall 'render to the-Courts of which they may hai e ofore been Clerks of any Court of Record in this making: payment to the Clerks a like statement of jall persons who have ' - vfv .SENATE. Mr. Van Burenj prpse.nted the me-f monal 01 j several tnousanu perMiu, ; ru sidents in Ne York! ijravins: an ali .wr i m -.ml i J ! teration in the Aiieu Eaws. . Referred . . t t - : 1 - .. 4 4- - t to the Committee on the Jiiuiciary.j , The biil Jauthorisinn the; buikhng of ao additional number i f sloops of war for the naval service of the United States, was read the third time jand passed j " j '--j '' :' ll-:':' 4V":. The Senate, as in committee of thq whole, proceeded to consider the bill; better tot secure the accountability of nublic officers "and ! others ; which iwas introduced; under 1 leave obtained! by! Mr, Holmes, of Maine, and reported by thCommittee On Fjinance. J ' ';.'" " The first section of the bill provides, that no salary, compenlsatlan, or ernpJ lument; shall be paid o any person who is, or sliall be, moebted to the United States, until sjuch person has accounted for and paid into the Treai sury, all sums for which he may be so indebted The second section n accountable I Mr. Hcteesf oMaine TOd die ac Mrekdyacristingin "reja'dtte pii? sem entOf pubti c'inoney s' ii Afyvh U '. Iprescribes rules; fin order to aerhl jwho- Is indebted jto the: go ven pnt. jle said, that- an officer ho receive moneys to be paid out' on- account nf being indebted to .theoTernmeii ,. i ) jtlie. time at which lie- va'bound jto Icbunt fbrvtlit mncy The law aliuv him afriptrt time jto settle his account J ithe officer is entitled to hold his monev tin a cer certain period, and ho is hot con sidered 'as being i indebted until tha time' arrives. ; j i Y J 1 T I Mr. Mills believed, after hearing the ' statements of the gentleman from Maine,1 and: the lawAhehad read, thatf tiiere! ciate; or cpnnrm: i pe iim.oriuc ury, Already beeri erioah 'of negation! 1 1 nn Vhit nhifrr.t.1 nFIe .'Corisiderod y . i,.f . , 7 -"l. law a verysalutary one but tlie pro-; vision in the' third section of. 'this bill; was going- to imposes restraint on .the power of? the Senate, ;to appoint ofS- cers, which ought not "to be imposed. Cases might occur, in which the Pre sident was satisfied that the persout ouht to be re-appointed to his ificer ahtLvet he coulaj not be appointed, in consequence, of this section in the bill. The most honorable public officer might become .'a -defaulter,; by los of docu-! nieots, or from otfier causes.. The De partment might tell him, that his ac- cpuiit could not be settled, for want of his vouchers 5 his! term of service might . ty of every monies which have re ed in their bauds for three years or more, previous to the time of making such stateiSents, under the .; penally. prescribed by this act 5 which statement shall be render ed at the first session of said Court, which shall" be after the first day of August next, andj shall be transmitted in like manner to the Public I reasurer, ot the State, land to he and remain in his i ted for, in the same thaiji- respect to the monies re- esent or future Clerks. admitted and ;ccou t he monies therein hands, shall be paid ner as is herein directed with maiuin? in the hands of the ,pr v 1. ana oe-u run ner enacieaa 1 tiat an aneriiis now in office, shall, at .the same time, render a like statement to the Court of the County of which! he is Sheriff, and ac count with the Public Treasurer ' 1 " '.i.J. 1 1 N hands ai isine: u ruler the provisions of this act, in the same manner, ana under the saiue penalties, as bv this for all balances i n hh act is provided for Clerks. -! r 1 .1 j y II. Be it further enacted, That, if any person who has been Clerk of any Court f Rijtdi d in this State, sha I fail to comply with the provision s jof this act, he lia 1 incur the same penalty -as is imposed by the preceding secuons 01 mis act on ine lerKs- now m omce y ana q hhall be the duty ot the Solicitor of the State for the eiii cuit i to be n which such person shall rpde, to cause a -set. fa issued against the person; so failing to make his re turn,! and to account as aforesaid, returnable to the; Su perior Court of :, the county 1 n I which such jierson rq- ; and the! Court shall therj'iippn render jiidgijient le amount of the said penalty, unless such person sides for t shall Cour render a sufficient excuse t for such failure. An Act respecting1 the reservations of certain Indians in the lands latd iy acquired by treaty Irom the Cherokee Nation. I, . Be to be judged of by. th it enacted by the General North-Carolina, and it is herebi, the samel That two commissi Governor of the State, whose time before the next session of meet Assembly of the State if enacted hy the authonty of lners be appointed by the duty it shall bei at som 3 ihe General Assembly, ti at some convenient place in the county of Hayt wood, and enquire into tho titles of certain tracts of land clainied by individuals of the Cherokee Nation of In diansj, under certain provisins made in the treaties con cluded between the United Stated and the said Nation, in the years one thousand eight hundred and. seventeen!, and one thousand eight hundred aiid nineteelf ; and!tha said commissioners be, and they lire hereby authorised to contract with any ot the said Hlndians, or withlani agent or agents duly authorised chase! of the tract or tracts to whic ers s have said fur the! iaii believe the saiu lniliansi - - . 7 a good aiid valid title unde akes it the du- officer wlio, in United States, tip retain his the money for L UMU WW 111 a . r . .1 1 is, dv iaMr; autiionzeus fees. ir srilarv. nut c;JL which he is accountal; debted to Ithe Unit Wl'ates, to Pav over, at the time ',"3 f3L by law for jus payments and rfccountability,1 all his fees and emoluinentSj, until he shall have discharged the sums for which he is indebteii ; and makes it the duty of the Treasury Department, to a certain time in each year, to giv notice to such officers, op the sums due from them ; and inakesj) it the duty of Collector? and oilier officers, to withhold the pay f the persons employed by them, un til their debts to the Goverunient are discharged -1 . ' ' " j" ;:; r.fi The third, sectiop prjvides that no person shall be appointed to any office, which entitles him, fin- a iy way, to re ceive, and makes it his d ity to account for, nublic monies,! wlio shall, att the time of ucl appointment, be indebted to the United States. I ! v Tlie fourth section jinakes it the du ty of the President of thej-United States iu cuiiiinuiiiciti c lui uiiress, in i ine first week of each session the names withheld un- act, with i the proviso,; that; ot any per the duty of the Treasu ry, if demanded by the person, to re port,, forthwith, to the . Wgent of tbf Treasury Department, tile balance"; audit shall be "the duty of j such agent, within sixty days thereafter, to order suit to be commenced agiiitist such! de linquent anji his sureties 1 T Mr. Holmes, of Maine briefly capi tulated the provisions of the bill, with the remark; that its principles were such as, he cenceived, iuht to be a- dopted into the government !of the coun- 31r. Mills objected to the third sec-? willing to go r of persons, whose pav is tier the povsions ofi thisr amount due, &c. with a where the paly in all cases son is withheld, it shall be the Accountincc Officers of tion of the bill --hei wTad by them, tor the jpurt or any of them, shall ithe provisions of the treaties 5 such contract fb jpej made subject to the er ratification of the GeiiRriiUiseni hi v' i i II. And be ilfurtlier iiacttd,WaX it shall be the duty 01 ine saio commissioners to ascertain the, Tact, if practi cable, whether the said Indians a sold their titles to .individual Jind-theAiames of those iiiuiviuuiiis, anu i-epori tne samejio the next Ueneral Asseuibly.-f - - V ' -' I. . .. "' H u j.u. uki cuwicu, 1 imi u suau ue tne uuty o Tne sain com mission ers to report t the General Assem bly, at their next session, tlielr tVroceediners under thi foregoing section, and whether tlifa said Indians will con! jsent to sell the said lands ; if s6;M account of each conj tract ttiey may enterlinto with the fenid Indians, aud suclf contraqt, when ratified by2 the Gc neral Assembshall be binding on the Stateand nqt otherwise. If l lv- n itfurthen cbmmission4 ers shall be alio wed tlie sum of iirjdollarji for everyday theV shall he rwrpssahilv rVrrlrtcJi i. f the duties hereby impose esthhaUiis every thirty mileS-r ffrgHW1- thryishall travel io viA &ee of meetL. l,?M???"orne as far as apy man,fto secure theac -countabilityjof those! who are entrusted with the public inoneV -but , he knew very well, that, in a variety of instan ces, balances were reputed to be due, when, in truth, on a fair adjustment of accounts, nothing at all was found to be due. But perhaps this third section of the bill might extend, in its opera tion, further than the gentleman who proposed it had : ton tern plated, it would apply to every officer who wa a receiver ofpublic mo ney. . In case of a fbrenJMmistcjy for instancevho lutd received his' money mrl outfits and was charged therewith, j It would ;not be. in the power of igovernment. to ex? change him to another Court, if it should become necessary, j until he had ac counted for the monies jpaid to him -previous to his nomination to the Se nate, hia account must I ie settled up, or his appointment could not take place., Mr. Branch believed theobjecion of the gentleman from Massachusetts, in regard to the appjicatibn of the third section of the bill, to foreign ministers. would pot hold good, - beleause the out fit of th Minister became due him expire, before he press ior reiiet. could apply to Con The President could npt nominate himi although' peffecdv saxisnea tnat ne government ; ' 1 . 1 ! was not indebted to and, by this I means. . although best qualified for it, the per- son niignt ose ms c nance 1 or . re -appointment. : : . j Mr. Johnson, j pf; Louisiana, said ir hajd often iiappehed, it might again, that the vouchers: of persons; residing ih; a remote part of the government, may' be lost or mislaid, in transmissioa by. mail. . If thej thi id v section of this bill is agreed to, it will prevent; the ap pointment of - any person in arrears tft the government, from whatever cause, from appointmentito office. .He had known van instance of a gentleman, wThoj was reported as a defaulter to the government, to the amount og50,C00, wijo didjnot, in iact owe the govern ment one cent, lie had known seve ral otlier instances! of a similar nature; Those men, of course, from no fault, of their own, would be prevented from being candidates ifor oflice, if ihis bill were passed, in its, present shape; Mr. Lowrie thought the arumerita which had been , urged against the 3d section of this hiU: would apply equally wefl to the first! and second sections. If t - is inoperative to withhold 'the ap poihtment to office! of those who are ia arrears to the government, it is also. imperative to witnnoia meir salaries while they are in j-the offices. lie did notj thiiik the supposed caes of hard ships could often occur . He was! there- fore, decidedly in favor of the bill as it now stood. .-.- r.-y,s ;. :; Mr, Lanman appreciated, as muck as iny could do, tlie principle of this section of. the bill, - so far as it went u thej protection oft ithe Treasury.1 He was in lavor ot every provision wnica woyid goo preserve the purity of th modes in which money was to pass from therlreasury. and to prescribe account. ability to public agents He was will injrito consent to ithe third section of this hill, if it went no fiwther than the ' provision of which he had spoken.; i But. he i feared it involved something mpro than that -that it contained a disfran chisement f a great part of our fellow-. citizens from office. ' ! A man j might have been indebted to the government, fifteen years J agbTL to the amount of a -thousand'..; dollars jfland, being unable, fropi, want of' evidence, to prove his haying paid the ; money for the purpose to which; he ought have applied if, He would be thus disfranchised from hold ing; any offide unden the government. He asked if this could "be done under the constitution ? ! It would operate in. a criminal and penal point of view. upon tnese grounds, ne would De com pelled to vote ; ainst it, although ht was! willing to vote- tor any fair J pro vi siorl for the protection of tne Treasury Mr. . Holmes, of Maine, said he real ly had not expected a constitutional pl jection to the disqualification of a pub- 11c 1 cieiauicer irom ; oeing any longer recccFiJf public monies. He thought Confess had airiit to prescribe quali ficaticns for the officers appointed un-. deFfthe laws. ' Is there no right to pre -scribe that the Judges of the Supreme Court shall consist of persons learned in the law f'i Or thanorlbTeigner shall be employed in any department of the go vernment f ; tiave. we a right to pie scribe these qualifications, and yet do righit to prevent delinquents from hold ing offices of trust ? if a collector be comes sl delinquent, not from his owft fault,' his appointment can always be $uspended until he has time to correct the levii: t If the1 collector idtme billrovidesr..thatit;shal?' be. the dutyot the 1 agents ? of the government to ins0 tuteja siiit, totry the case v In tie pre sent mode .of appointment, the persons Who hold the offices tip not know wbar rules the Senate prescribes in acting f iTill?V.tiifivt ., rwiTninaiinnS hut.' 11" U? for the xpditure;iof Which' he was bound to account to nroyisionSgOi una law u e tuw-v-- the government. 1 ' V'. riUo .Wlii r ue IUIOWII, ana iuj 3f -' ! ,'i v rh t - 1 '
The Raleigh Register (Raleigh, N.C.)
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Feb. 20, 1824, edition 1
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