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flto, weir, hedge, net or seine, for the purpose of catching under the direction, and subject to such rules, " order, and or taking fish for sale or exportation, unless each and every directions, in any respect, as the Court may,- from time ttf snch person shall hate resided end continued fo reside in j fime, muke in regard thereto; arid the Court shall cause the tUisJState at teast twelve months next preceding the'day J accounts of sueFi receiver to be returned, audited and svt Tn which he, she" or they shah commence to use, or cause t tied, from time to time as the Court may direct, making to be Used, as aforcsniJ, any weir, hedge, net or seine, for such allowances to such receiver, for his time and trouble the nurponeaforcsniilijior bflM aY person or persons as- and responsibility, as the Court shall deem proper and rea sist in usiugor be iutereste! in tisin or causing to be used, aouable .- , . it nny of t)ir navigable v -iters of this Stat?, for the purpose I Sec. III. And be Ufurlht ' enacted, Tliat it shall be the r foresaid, anjrwoir, net ho Jge or seiuiyiii the wsinj or duty of the Attorney General or Solicitor to prosecute the r.iii'ing to used of which any person may hare an inter-! said suit, and to more for, and attend to, the cxecutionof est who-fhall l&ve resided and continued lo reside in, this j all necessary orders, for securing the full benefit and effect Plate nf lean twelv e months next preceding the dny on i thereof to the said ward; for which services, the Court may wLItlf the frame sfnll be used: provided, tliat nothing iu this make to him reasonable compensation, according to the act contaiufd snail te so construed as to prevent any per- circumstances t the case, ton from fUhing with seines, hauled to the shore at any fishery iituatcd on tlie shore of any of the navigable waters of this State, the title la whiclrfishery, or any interest there in, such perrons may have acquired by purchase or inheri tance: tind provided further, that this act shall not extend to those who may l hired to fish by any person or jxtsuiis not prohibited by this act from fulling tn any of the naviga ble waters of the State. Sec II. A ud be it further evaded, That each and every person who shall violate any of the provisions contained in the fust section of this act,' shall, for each and every such offence, forfeit and pay the sum of one hundred dollars, lo lo recovered by warraut before a Justice of the Peace of the county , where me offence was committed, or by action of debt in any Court of record in said county; otn half of saw sum to be applied to the ? of trie person smug for the same, and tlu other half to the use of the wardens of the poor in said county; an 1 shall, moreover, for each and every such offencd bo guilty of a misdemeanor, and, upon convic tion thereof in any Court of record having cognizance of the ime, shall be fined w imprisoned at llit discretion of the - 8kc. .1 1 ,- And be. ilfu't'.her e naclcd, That . norreori "or" p;rso is shall, for the purpose of taking- or catching fish, at any time hereafter between the first day of February and Sue. IV. And be it further enacted, That whenever such guardian shall be duly appointed, he may apply by petition to the said Court of Equity, for nn order upon the receiver to pay over to, and possess him of, all the money, estate and effects of his ward: and in case no such guar- to open books for receeiviog subscriptions for shares of stock i good order,.' and be delivered again to'the Governor in said company. ... I ,!,c Arsenal in Raleigh, in gc.xl condition,: whenever U, 8r.alV.Be it farther enacfrd, That saidcommissionersnre said school goes down nud ceases to exist, or when the same hereLy authorized to receive, in payment of stocks, real es- shall be called for by the OTder of the General Assembly tatc directly connected with the objects of said Company; which bond shall be put in suit by the Governor, whenever aud said Commissioners are authorized to adopt some nni- a breach of its conditions or either of them shall happen. inrni nnu equiiaJDie rule uetermming me coihhuoiis npou u. veil further enacted Hint tins act shall be in fm.i which real estate is to be received in subscription for shares from and after the ratification thereof. . j a . l- i t I .1 J. I 1 1 t oi cock in me i.ompatiy; una u is ucreuy lunner uccinreu j that the Stock of said Corporation shall be held and deemed personal property: Provided always, that thereaj estate which shall be received in payment of Stock as aforesaid slioll be subject to the same taxation as other lands iu this State. Sec. V. Be it further enacled, That all legal procrss against the corporation shall be served upon the President, unless he be absent from the State, in which case it may be served upon a Director; aud if no Director can be found, then upon any Stockholder in said corporation. Skc. l. Be tl furl her tuaeted, That it shut! be the du- Ratified this Cth day of January, 1843. dian shall lie appointed, then the ward, on his coming of !.v 0Mi, rornoration to keen a full and fair record of all age, or, in case of his death, his executor or ndministra- ;,s nrocccdiiizs. in a Cook or Cooks procured for that mir- i a the first day of AJay of the same year, use or cause to be used at or within hilfa mile of the marshes separating the waters, oi Croaton and Pamlico sounds, any weir, hedge, net, or seine. , v . . .. dec, iv. tfiw be tijariner enacted, io person orper - wms shall hcafter Thro jr, ortnuse to be-lhrown into the channel of any of the navigable Waters of this State, any fish offal in any quantity that shall be deemed likely lo inn icr or prevent the passage ot nsu along such channel, whWiitsti 3il may have boen thrown. Sue. Y. And Jbt jit further enacted, That each and every person who shall violate any of the provisions contained in 4&i,M&&ejr guil ty of a misdeuiubr, arid, Court of record having . cognizance of the same, shall be fined or imprisoned at liie discretion of the Court. :.,Skc. Vi. vftid be it further enacted, That each and eve ry net (unless the same be a drag net: and hauled to the shore) which shall bo used for the purpose of catching shad .in that portion of the .waters of Pamlico sound, lying be , t ween a line drawn eastwardly from Stumpy Point and the southern aide of Long shoal in said sound, shall be set and - fixed in said waters in a direction from north to south, and hall not be used in said waters tnr any other manner what- ever; an4 -JKl.JSlttftJl;.fif!b3iia. jisainst- the rovisions hereof, shall, for each and every siich offence, orfeit and pay tho sum of five dollars, to be recovered, by warrant, Wore a Justice of the Peace, orhy action of debt , in ft Court of record having cognizance thercofi by any per son who will sue for the same; and furthermore, each and every person so oScnding shall, for each and every such of . fence, be liable to indictment for a nuisauee. ; ' Sec; VII. dud b$ it further enacted, That it shall be the duty of each aud every person, wFto shall set, place or se ; in any of the navigable waters of Pamlico and Croatan - sounds,' atiy fishing stake or pole, to remove the same with J in three months after such person shall have discontinued i the nse of the same; and each and every person offending against 4he .provisions and meaning hereof, shall for each "and very fitatke not renreveO; W4i'e ; pay the sura of two dollars, to bo ' recovered by any person' ; who will sue for tfie same, by warrant before a Justice of ; the Peace, or by action of debt in a Court of record having coghizance thereof; and furtliermore," each and every per- son so offending, shall, for each and every such offence, bo liable to indictment for a nuisance. - - Bkc. Mil. And be It further enacted, That this act shall be in force from and after its ratification. (Ratified this seventh day of January, 1843. tor, may have the like remedy by petition. Ratifiod tho Sih. day of January, IS 15. CHAPTER XUI- An Act extending the jurisdiction f Justieey of the Peace over judgments,' and amendatory of ilie sixth section of -tno evieu oinrtties, en tilled "Justices of the Peace, and the lortieth section of the Ke vised Statutes, entitled "Courts, bounty and Superior." I. Be it enacted by the General AssembU anhe State nf l-jr. 1? .1 ft '. .mm - . . uiiu.rmwM9JLiiicreuu ciiacita iu me anthon v . iv.v.w v. ,.,v . vvv..ffii.ui. muvv junsu lo tion over all sums due by judgment rendered by a single magistrate, when the principal money does not exceed one nunurcu dollars, although the principal and interest touelh er with the costs may exceed that sum. eec. It. Be it further citade l. I hat if anv suit stinlf l brought in the County or Superior Courts, or any judgment reiiuerea as nioresniu, lor.any sum ot less value than one hundred dollars due by such judgment, the same shall be dismissed by the court. Sec III. ( Jit it further enmcted. That all laws nnJ clause of laws inconsistent wuh the purview of this act, shall be, and uio same is hereby repealed: Provided, hotcerrr, that the provisions oi this act shall not affect any suit now common ced or which may be commenced within thirtv davs after 1-1 i! . r . .. ' LfiqpnTpaieni ot ie .Legislature. - Ratified the 2d day of January, 1843. CHAPTER XLI1I. An Act to prevent fraudulent voting Be tl enacted by the General Mtemblu of the Stale of A i i: :m f i... .. ..J in i-urminu, nnu u ncicvy cnucieu oy me autuoriig of the tame, That if any person shall hereafter knowingly and fraudulently vote at any election, who by law shall not ue cnuiica io vote at sucu eicciton, no shall be liable to in dict men i iu the County or Superior Courts of law: and on conyictioti, shall be fined or imprisoned, or Loth, ut the dis- crenon oi me uoun ; the amount ol the hue to be not less than ten, nor mote than one hundred dollars; and the term of imprisonment to be not less than five, nor more than thir ty days. Ratified the 9th day of January, 1813 . CHAPTER XU. -Air-Act to amend the seventh section ttlie. Revised Sintiitng, .. flltitlrwt ClitarAinn Vnl - tVhereat it sometimes happens where the Courts of Pleas 'and Quarter Sessions are required, by the said seventh .. seciioniuie aoove recited &tatute, to remove a guardian . ouu iu appoint anouier, mat no sunaDlo-person u willing . to accept euch : guardianship, ; and by reason of the ' . wsste and misapplication of the warda effects, and the luusequeui.iusoiveucy aa well of tna guardian, as of his securities, before the ward's arrival of full age, great loss and in iurjr Is sustaiced: for romody whereof, ; - - . Belt enacted by the GenerU AttenA'y ef the State td Xorth wrunna, anj u 19 ntreoy entmea oy me muMortly of the tame, That where any. guardian shall be removed, under the said I v accept the said office, or wh(re any guardian shall, by rea- rson of notcomntviov with ihe , O nwiw ..'nv arv :;- iiou, oecome uaoie to uo removed, although such order of , removal may not be m ade. it shall be 4hs dutv of the Clerk of tlie Court to ccrUfylo the "Attorney General, oi to the . ooucuor 01 ine circuit, tno name or the first guardian and his sureties and the proceeding had against him un . der the directions of the said tactwn, and it shall, be the duty of the Attorney General or Solicitor forthwith to in stitute a auit in the Court of Equity, in the same County, by bill, petition or Oilier proper proceedings, as well against the sureties as tho guardian, for an account of the guar dianship, and for securing the estate of the ward; and upon inch bill or proceedings, all proper accounts may be taken, . all necessary orders made, and a decree had, according to th? course of the Court, as well against the sureties asnhc gtiartlian.Xv-'i "V-1 ' ' Sue. 1 1. And be it further enacted, 1 hat the said Court of fruity shall have poorer, upon such bill , or other pro ' c jc Jius, to appoint tho t'lerk and Master, or other discreet erson, a recover, to take possession of Jhe ward's estate, C1IAPTKR XLIV. An-Act. t amend the 6m Action of the 50th chapter of tlie Revised Statutes, entitled "an act concerning frauds and fraudulent conveyances. Be it enacted try the Genertd Atttmlty of the State of Xorth Carolina, and it it hereby enacted by the authority of the tame, That all contracts for leasing or leases of lands, for the jir pose of digging for gold or other minerals, or for the pur pose of mining generally, shall be void and of m effect, un less such contract or lease, or some memorandum or iiote thereof, shall he put in writing and signed by the party to be charged therewith, or bv tome other person by him thereto lawfully authorized. - Skc. II. That all laws or clauses of laws, milliner ti'itli. CHAPTER XL1X. An Act concerning Inspectors of Flour. - I. lit it enacted by the General rftsemMy of the Slate of Xorlh Curoliita, and it it hereby enacted by the authority oflht fame, That in addition to the inspectors now authorized bv law, there shall be tin inspector of flour for the town of Wilmington, in this State, who shall be appointed by the Couu'y Court of the County of New-Hanover, at the first Court that shall happen after the first Alondav of Al nrrh mm1 thousand eight hundred and fori y five, and shall hold his" office for the term of five years from and after the time oi his appointment. Sec. II. Be it further enacted, That tho inspector here-' by authorized to be appointed, shall enter into the usual bond, payable to the Slate of North Carolina, and condition, ed for the faithful discharge of the dutio of his office , (which bond the Countv Court of tliecountv of N flV-H iitiru wiih the amounts severally owued by them; which report . ver are hereby authorized and required to take:) and tha mojicvivr ouuii uo cuiuieu io receive ine same lees, antt-"" shall be subject to the same rules, regulations and restric tions that are now in force in regard lo the duties and JiabiU" itics of the inspector of flour lor tlie town of Fayettcville. . Skc. HI. Be U further enacted, That it shall and may bol lawful for any person to ship flour from the town of Fayette. Yiire ttrlhc -town of Wilmington, without having tiresome insp&Hed in the town of Fayattcville. " Sec IV. Be it further enacted, That all laws and clauses ' of laws coining within the purview and meaning of this act, be, and they are hereby repealed. " Sec.-V. Be it further enacted, That this act shall be in force from and after its ratificalio'j. pose, aud shall produce the same in. any of the courts of record -of this State, whenever required so to do by nny of said courts Sur. VII. Be U further enacted, That lite President and Directors of the suid corporation shall, on the -first day of January in each and every year, report lo the Clerk of the County Court of Rutherford County, the amount of Stock subscribed for and paid in by each and every Stockhol der, and the names of all tlie Stockholders on that day, shall be kept in the office of said Clerk for public inspection; and in case the president and directors of said company shall fail to make the report required of them, they shall be liable to a penalty of one thousand dollars, to be recovered, in an action of debt, in the Superior Court of Law in the County of Rutherford,.. one. Jwljfiq.the use of the person slicing for the same, anti the other liatf to the use of the State. Sec. VIII. Be it further enacted, That to secure the creditors of suid Corporation, in addition to the property of said company, each stockholder shall be liable to the cred itors thereof in such sum as is equal to the Stock subscri bed or owned by him; and each creditor may have ou ac tion of debt azuinstall or any of the Stockholders, who were Stockholders on the first day of January preceding the commencement or at the time ot bringing bis action Sec. IX. Be tt further enacled, 'I hat this act shall be in force from and after the ratification thereof. , Ratified the 9th day of January, 1845. CHAPTER XLVI. An Act to encourage the culture and manufacture of silk and sugar among the Cherokee Indians in this State. ' Whereas a small portion of the Cherokee tribe of Indians are remaining in this State, who are represented by their white neighbors as conduciing themselves in a peaceable and orderly manner, and who, under the influence of temperance and relhzious societies, are last improving m the knowledge of the mechanic arts, agriculture and civilization; and where as the Cherokees referred tor who belong to the towns of Qualla and Yuansan, Cheoih, have already commenced the culture and manufacture of silk; and for the encouragement thereof, Be U enacted by the Ueneral Assembly of the Slate of lorlk Carolina, ana it u hereoy enacted or the authori ty of the tame, That the provisions of the act, entitled an act to encourage the culture and manufacture of silk and su gar in this State, passed in the year 18 JO, be, and the same are hereby extended to the said Cherokee Indians now be longing to said towns: Vroxided, that the provisions of this act shall not extend to any Indians who are not remaining in said towns by the permission of the Government of the United States, under treaty stipulations. 'Ratr&'lihel'Ot'h day of Jaauary, 4843. CHAPTER XLV1I. An Act to amend the Revised Statutes, entitled' Religious Societies. Whereas although the third section of the above recited statute empowered the evernl religious congregations in this State to elect trustees to hold property for each sinale congregation; yet no power is conferred bv the said statute in the meaning and purview of tlie ubove act, be. and the ' "P011 n"y religious denomination in the "aggregate to np- Ratified this 1th day of January, 18J5 iu wiitvi um icluic uu uiwun;s uuc " io tiiiu, aim . io pay the same into Court, or to. secure, loan, invest or apply l'e same, and to superintend and direct his estutel for the - ba mat aud aivaatage of iha ward; jaud out of the samj to ckfraj- t!i- c'tarres of Ills supjmit, nurture, and education, CHAPTER XLY. i point trustees for the general purpose of such religious de- iiotuuiuiioiis: i nereiore, - . Beit enacted by Hie General' Jlsscmblu of ihe Stale tf Xorlh Curvtina, and it ' i lieriby' enacted by the au thority of the same, That the Conference, Synod, Conven tion, or other ecclesiastical body, represeutiug any church or religious denomination within tho Shite, may from lime to time and atouyiiaicppomtia.uck xnanuet assucb. body may deem proper, a suitable iiumbcr of persons as trustees for such church or denomination, who shall Iiave powers lo receive dottatious, and lo purchase, take, and hold property, real and personal, in trust for such Church -or de iiiMiuuiiituu, wuum mis oiaie, anu, as ericn trustees, may sue and be sued in alt proper actions for or on account of such donations and property, or any matter relaiinir thereto: And tlie body appoiiitiiiz. may remove such trus'ees. or nnv of them, aud may fill vacancies occasioned by death or otherwise. Ratified this S-hdayof Juunary, IS43. An Act to incorporate the North Carolina Mining, Manufac turing and Laud Association. I. Be it enmcted by the General JlttewibTy of the Siute tf Xorth i-mrvuna, ana tl it nereoy enact t:i oy the uutnority of the tame. That there shall be tstallished in tTieStitoli niuiSng7nian facuiring and land company, by the name and stylo of -the North Carolina Mining, Manufacturing and Laud Associa tion," the capital whereof shall n- exceed one hundred thousand dollars. (ftlOO.OOOV divided into shanks of m hun dred dollars each. ISso. II. Be it further enacted. Tfcai whra" th KBm y-fifi thousaiid dollars ($50,000) shall havo been subscribed, the subscribers, their successors or assigns, are llerrhv itivlnnvt to be incorporated, by the name and stylo of " The North i caroiuia fliuune, alanutacturimr and ljnid Anrifltir.ii and shall contiuue to exist as such for fifty years: and as such may sue and be sued, plead and lie impleaded; and An Act to loan to the North Carolina Military Academy at nave power to make all bye-laws and reirulations. not inmn. I Haleieh. for th sistent with the laws of the State, which may be necessary t military arms and eq'iipn-n:a. for tho well ordering and conducting of the affairs of said i ' amipany t tliey may have and use a common seal, aud tlie I. die it tuaeted by the General Auteuihbj of Me Stale sanio break, alter and renew at pleasure; aud possess and V North Carolina, and it it Lrrrh,, ruard ... ,h.n,ui and rights of a conwration or body , uflkt eamr, That his Excellency tho Governor of the said corporation shall be confined to ,-Siate, bo, nud ho is rreby autliorised and requested to pro ifictories as are eonneriml with tha eiim: withruit llii. ;ri. -t.. ... i ij . . n ' . gallic aitd toUie holding or not exercise any .bankue iMrmtesca. ' - - ;i Cadets' m.ikcunH th .h. ...;,..i,u !Z I i.J t'L ' Ratified the 8th day of January, 1815. CHAPTER L. An Acttoextcnd the time for registering grants, mesne con veyances, powers of attorney, bills of sates and deeds of Be itenarteJ by the General dnem'tty of the Slutt of Xorth Carolina, and it it hereby enacled by the authority of the tame. That all grants of laud tn this State, all deeds ot mesne con veyances, powers of attorney uud r which any lands, tene ments or hereditaments hove been or may be conveyed ; all other powers of attorney, which aie required to be proved and registered by any act of the General Assembly ; all bills of sale, deeds of gifts already proved, or which may hereafter be proved, shall and may, within two years, after the passage of this act, be admitted to registration, under the same rules, regulations and restrictions,' as herlofore appointed by law : lod' WT'imWCmiteig'"br mesne conveyances, powers of attorney, bills of sale, and deeds of gift, shall be as pood and valid as if they bad been proved aud registered within the time heretofore allowed: Vrotided, that nothing herein contained shall be construed to extend to mortgages, conveyances iu trust, or lo swamp lands in the Eastern part of the state. Ratified this 24th day of December, 1844. CHAPTER XLVHI. CHAPTER LI. An Act to amend the Revised Statutes, entitled an act con cerning Legacies, tubal Portion aft. Distributive Shares ' aud the Revised Statutes, entitled Descents. " " I. Be it enacled by the General Assembly of the Slatt of AVft Cmredina, and it is hereby enacted by Ike u Iherily of the tame, Tliat when auy person shall die in testate, who bad in his or her lifetime advanced to any of his or her children personal property, of what nature or kind soever, of value more than equal to a distributive share of the personal estate of said intestate, said child or children, or those legally representing them, shall, in the division of the real estate of said intestate, il there be any, be charged wiih the excess in value which he or she has rtccived. ns afore said, over and ubove an equal distributive share of said per sonal estate; and the said excess shall be a charge upon the share or shares of the real estate of snch-ebild or thildrenai have bceu excessively advanced as aforesaid. : Sec. II. Be ft further enacted, That when any person shall die intestate, seized and joss-ssed of any real stal.', who hud in his or her life lime settled any real estate on any child or children of said hues trie, of more value than equal to the sjiare wjich lf,0 intestate, sucu child or children, orieTregnlTepTesenia tives, shall, in the distribution ot the personal estate of said intestate, if there be any, bo charged with the excess iu vul ue of said real eslnie settled n aforesaid over and above the share which shall descend to the other childreu; end tlie said excess in value sbnll be .acliirje upon the hare of personal est ale of tlie child or children having real estuU" settled ou him or her as aforesaid. Ratified the 7lh Januiry, 1S13. An Act to regulate the 70th and 71st Regiments of Noilh Carolina Milkia. ' ' T" T " ... . " - a : oc. in. , lit ljtth enacted, j bat J.,l.a Mclatrye. 7. G. necessary for tlie use of the Cadeb. thf lAl . .... ruum. and AY. tl. MtUer. of Ifutherfordton rinuM h.M;j "J "v erkk Uranson .nft i n At rr r v L . . -iu luiohcu mm tuner equipments in exchange Tl .ftDi 1-3 Sf XorkV Bnd 8.ch ?r P rt State', next quota of public arms from the iiw-vii0iu tucv iiiuv njs.MH'i.iiH wnn ir pm nm tj ati.M r.. . t . . ,).. j v -"""- j"'-" "ni"- ('"lieu oiaies; ueiaKing a bond and security from tho said 5 ceZKT"' Td re ulriOTtai tH'.j.mes and Preceptors, of sufficient sum to cover the value of the Sd teS?,,ey-mx"uVfwry' arinsandcquipinehtssolent lothe.n, condnoiied mt 1 c lie advertisement ,., so.ne ncwsjner prink-d in . he State, said arms a id shall be . ke IT i- 1. tit it macUd by the Ctneral Astemlfy tf the Sfatt tf North CartK na.mndilit ktrtbg tuactci the authority if the tomt, Thi all llial (ion of the' Militia living in Lincoln county, and formerly at tached to the seventieth Regimrut be, and the same is here- by declared to be attached to and lelong to the seventy first Kegtmeut. .' :" Sec. IL Be it further entcted, That all that portiaa ef militia living in Catawba couuty, aud formerly attached lo the sev enty first R.gimcul, be, and the some Is hereby declared to tie attached (o and belong to 'the seventieth Regiment. ? f Sec. III.' He it furlhtr enacted, That this act be lo force from arid alter its ratification. , ' " . Ratified this 8li day of Jjiiuaryj 1843. II ii r ii - ri -i b a: VI tli of in vo K. an bu bp ir thi 00 U !! rla M -I)
The North-Carolina Star (Raleigh, N.C.)
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Feb. 19, 1845, edition 1
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