Newspapers / Carolina Watchman (Salisbury, N.C.) / March 26, 1869, edition 1 / Page 2
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3 Cl)c (DID Not tl) State SALlSlU KV, FRIDAY, MAIL .";, C9. TlfK HOMESTEAD AOAIN. We give place this Week to the eoinmtini M:iun of oar correspondent, "Sknkx," on the rabjeet of the homestead. We not only fire plaee to thin communication with great pleasute, bat hp commend Its suggertions to the careful consideration of our readers, both debtors and creditors. The writer is a gen tleman of character and standing who has tnanifutd Bncb interest in briuging about a settlement of old debts opon a just and equi table Veaaj, and who believes, with ns, that IN can bate no real and rapid prosperity un Ml they are adjusted upon some basis. He is also a lawyer of distinction whose opinions Upon the legal and constitutional ;'questions luolved an entitled to great weight. We have before intimated our opinion that the homestead and personal property exemp tions cannot be maintained against pre-exist-lag debts. In this opinion we are fully sus tained by eir correspondent, and by the bar generally. See h being odr convictions we would have been recreant to our trust, as a public journalist if we had not so declared. He Who as Ires and misleads the people on m$ U nlsrtssr We feel tare that the ques tion will be carried up to the Supreme Court of the United States, should the Supreme Court of the State bold that thpse provisions ofth naw Constitution are valid as against dnbttaoutraeted before its ratification. We Inflb that Hon. A. 8. Merrimon, a very able lawyer, well known for his indomitable ener gy and gnat firmness of purpose, has a ease heading Which he will certainly carry up should the decision of the Supreme Court of the State be against him. In that court of final jurisdiction we venture to predict there will be bat one opinion. It will not require an argument on both sides of the case it will Only require the parties maintaining the val idity of a retrospective homestead to present Such arguments to sustain their position as they may be able to present. We will not make an argument nor cite authorities on this question that was done by Judge Car penter in our hut. Wo know of one eminent and learned law' yer, who is assuring his clients that their old debts are good to the full extent of the value bf their debtor's lands, and who is securing leins thereon by filing judgment roll. The Ma created by the filing of 4 judgment roll It good for ten years, and long before that fjtao tho question of a retrospective home stead will be settled against it. In View of all those things would it not We well for all parties to agree upon some equitable basis of adjustment as soon as pos sible f Is not tho weight of authority which we have presented for greater than tho die' MM of a single Judge, (Beade.) however able and respectable that Judge may be? In ad dition in tho authorities already given we t Judges Buistand Rutland of South so held by the Courts. Tmt ft I Dili sertiourwe believe fljfH t onal, but as the subject matter of tbi th us can be separated from the other parts of the Act they may be declared unconstitu tional, without Invalidating tho provisions contained In tho other sections. ' We also publish this Week sn net supple mental to thestaylaw, regulating theeourscof procedure before Justices of the Peace in ea ses of debts contracted previous to the 20th of May 1885. This hut act is not subject to one objection to which the first one is liable it only applies to old debts. To stop the collection of new debts entirely is to destroy confidence and impair credit which would have seriously impeded the business of the country. BANKRUPT PRINTING I MISSISSIPPI. THE RICHMOND WHIG. This old, excellent and abte paper r B Jot eAWe been greatly enlarged and iinprov are gratified at this prosperity. The is eminently a practical paper, laboring in for the best interests of the .State than for maintaiusnce of merely abstract principles. We are under many obligations U the Whig for exchanging its daily issue for our weekly. We are also under obligations to the fol lowing daily papers in North Caroliua aud Virginia for the like, favor Judge Hill, of the U. 8. District Court of Mississippi, has altered the rule beret fore existing in his court regarding the publication of notices In Bankruptcy. Tho change has been mide in consequence of the law of Congress, requiring the Clerk of the Ilonso of Representatives to designate two papers in each State for the publication of the laws and court orders of the United Stntcc, having been con strued to apply only to those causes in which the "United States were interested. We have never seen a sensible man who was not interested thai over construed it otherwise. Will Jndge Brooks follow the example set by Judge Hill, or will he continue to foster a swindling monopoly His past if raooduet, as we have already exposed it,ls 0 ,t.t r.i, vi Mho Ksafeu t L . . 1 .nHT- nmnr r n Wilmington owwu aim oar, me . the hem Tumi, the Ooldsboro' Mesaenoer and the Charlotte Times and OWrrrr : and to the following for semi and t ri - weekly exchanges: ehhurg News, the Itiehinond Enqui- Nuiiondl IntiTUgencer, the Thftf- lottesville Chronicle aud the Wilmington Poet. tbod.ync rer, the RALEIGH. We very cheerfully give place to the letter of our esteemed correspondent, "Raleigh," describing a sceue which occurred in the Sen ate last week. It is deeply to be regretted that such scenes should occur in our Legisla tive Halls they are disgraceful. We think the Senate acted very properly in enusuring both the gentlemen, but it seems to us, from all we can lean, that it did not act justly in letting its censure fall heavier upon Mr. Love than upon Mr. Moore. Indeed we think the censure should have fallen most heavily up on the latter. Mr. Love is an estimable and high spirited gentleman who, we arc inform ed, has been annoyed and provoked by Mr. Moore on former occasions. On this occasion he should have defended himself from the charges preferred by Mr. Love in Parliamen tary language. He was the first to depart from it and use insulting language which prowled the assault of Mr. Lova. VIRGINIA POLITICS. The Republican party in Virginia is rent in twain. The Radicals recently held a Convanfaat Petersburg and nom touted Wei error the law requires tho notices to be published three times. The following the new rule, and bears rdarad by the ourt the Bi'fsKoxoxoxowhoiu the catena bos been, or inuy be I'sWsVtil, shall detonate some nnwsp.iper published in tho Sanaa, and which, in bis opinion, will give noH to the greatest number of those interest ed theieiu, in which all publications ox no tice in the canst- shall he j. nld is bed at least ten davs. before the time designated for the meeting, and but two notices shull be published lor the first meeting of credi tors, and but one for the second and third meetiiiL'. and final discharge: and if two. publications for the first meeting, they shall he in separate weeks. Adopted, this Feb. 17, 1SG9. R. 4j3ii.L, Judge." GEN. GRANTS POLITICS. CWRSS mxr, u.am .T . aV.ii.. aaraw iu i inaaat w a s nmSmA sxodl i .sssnanmb ill. tttute ous for c made this -l.insK stainssm 1 C"rsV substitute! ii North Mate. 10, 1869. a stir took place substitute Iuimedi- was read, Mr. is only notori- ihii Previous tjuention) demiu ,d. and tho call waa sus hi ssngHMt . aaopteu, KHtttUestlou then re- the passage of the bill (the poii its third rending. The , which an as Well as to the call for the nravwina Question, which rcadta-. as w adoptfen f tM substitute, cut off all de plied on this WmW bate, and amendments, and even words in vot. w hen Mr. iove s , he asked permission to jectton was made, ii the President to o gHenate, who his arqucst. It did an, and waa granted, jar. uwvo mi-u referfiii"; to tho manner in uhstSCn! had been gotten up, it .l. mi , - i t i ii it iJlvann waapiow nesng lorceu upon m n one no lit wc think Jiultrc Hill is linr , ........ ... J.,r.l.r. explaining a nut the flu. could graM t index to the course lie will pur- began, by U which th ttiou of the gag-law. njsjprre nroc anaicalieii nr. lmvs , i ii i Ihe UlliUC requested fine his i in n k- to an of the wreck of the war, than any other class of our iinhanpv people. Lands bam gone down from fifty to oue hundred per cent. Slaves and bank stocks have been to sally lost. Public Storks aud Bonds fell fully one half, and so with nil other vaj nes. You are yourselves to blame for the present complications. In 1 8b. the debt or class were anxious to pay. They of fered you land and every thing else to got out of debt. Ion demanded mora than the country eonld pay. You forced Stay Laws and Bankrupt Acts. You have de stroyed all con I'n lei ico. You have ruining thousands of the most solvent mcu iu the country. Every ouo thus foiling pnlls down a donea others. And so things net continue to go on, so long as you continue your unjust demands. Wo re peat, then, YflAw wW you can get and thank Oodor it. SftJtu. AN ACT IN CEEDINGS TATKS. REGARD TO PRO BEFORE MAfJIS- Se'ctinn 1. The General Aasemhly of onh Carolina do enact, All writs of summons on contracts entered into before the fltst of May, eighteen hundred and sixty-five, for sums of two hundred dol lars and under, shall be made returnal vote, Mr. Lore renci turning at oucjjpnon B ho i(riioou-i.unSL me North CaroIinaT'ind wit DOKO wuu ve- " (Mr. Ll was a onto toward Judge Carpenter. And It Is by eertain that our own State Supreme Court will sustain a retrospective homestead. Chief Justice Pearson, we learn upon what wo re gard as good authority, differs from Judge . Reade upon this question, and he will be more likely than the latter to carry two of the other Judges with him. '"." If we may be allowed to do so we will ven ture to make a suggestion to the legislature in regard to the very Important matter of bf compromising old debts, and one which, we think, will be free from Constitutional diffi culties. We would suggest the passage of an act providing that in all cases where suite shall be brought for the collection of debts contracted before or during the war, the plain tiff may. at return term, move the court for the appointment of two adjusters, one to be selected by the plaintiff and the other by the 'defendant, their fitness and disinterestedness to be judged of by the Court, who shall eon aider all the facts and circumstances connect ed with that particular case, and determine and say what amount the plaintiff ought to receive in discharge of the debt. And if the two adjusters, thus selected by the parties Wish the approval of the Court, shall be una ble to agree upon what they may regard as a just, and t-quitable settlement, then tbe Court shall appoint an umpire. Let the case be submitted to the iury upon the facts, and if there be no defence let the judgment be for tho whole amount of the debt, to be discharg ed upon the payment of the amount agreed upon by the adjusters. Every fair minded creditor it seems to us. Will be willing to adopt this method of ad justment, and when it is agreed t by the telainthT all difflculties will be removed. An i!L. ..Wksi i- II Jbf - - J1 1 m W n mm auuiia wsiit us wuioci eaasu aav tar wfi'o may be t plaintiff until he makes the proposition contemplated, and any legis lation that would bind them woUld be uncon stitutional and would be disregarded by the Courts. The debtor and creditor will have an equal privilege in the selection "of the ad justers, and apon a careful consideration of tbe facta and cirenmstanore etmueeted with the case the manner in which both hare been affected by the results of the war, the abili ty of the debtor to pay, etc., they will be able to make an equitable adjustment. If such ha act were passed and creditors generally 'would adopt the plan it would result in a speedy settlement of all old debts. That such a speedy settlement should be bad is equally the interest of the creditor and debt or, as upon such settlement the country would start at once upon a renewed career of pros perity, whfch would enable the creditor speed ily to make by other means more than the ! amount of his losses, and which he never can make until sueh an adjustment is made. THE STAY LAW. As there was an error in the sixth section of the'Stay law, as published iu "the Old Aro . Slate laJt week we publish a correct ed copy on our first ege this week, and as it now appears it may be relied upon as cor rect. Tbe essential parts of it we believe to he constitutional, and we doubt not will be Utrevernor. and Harris, a MAinroil man. iw ui. ... . - - .sxstsxelsnnassadiensM- ownuiicssi wave me oiaie snouiu no fan to be elected Governor by the people of Va. Grave charges have been made against him by his own party, and the nomination of Harris on the same ticket with him en sures its defeat." Indeed the Radicals have committed a fatal blunder if they ontinue Harris on the ticket the white Radicals will not support it, and if they take him off the colored people will refuse to support it. On the other hand the Conservative Republicans have brought out a highly respectable ticket beaded by Gen. G. C Walker lor Governor and Col. John F Lewis for Lieut. Governor. This latter ticket is composed of gentlemen who favor the movement of "the committee of nine," and is, iu fact) the Grant, or administra tion ticket This tickets election would seem to be pretty certain, as it is support ed by a number of the influential Conser vative journals of the State, beaded by the Richmond 117 (and Dispatch. . Tho time fixed for allowing persons po litically disabled to hold Executive or Ju dicial offices having expired Gen. Stone man has proceeded to fill the judicial offi ces, lie li 'is appnmtea good men, who belong to the Conservative wing of the Republican party, and are in sympathy with the Stuart-Baldwin movement. This action of Gen. Stoneman may be taken as an indication of the fact that Gen. Grant's sympathies are all with the Conservative and against the Radical Republicans, and that be realty meant what be saiu When he said : "Let us have peace." We mako the following extract from a circular, which we find in tbe Wilmington Journal, from the Uankinjr House of Hoyt fic Gardner, of New York. It wiU be seen that they take the same view of be probable course of political parties and and events during Gen. Oram's adminis tration that haa been taken by the Old North State: "New political combinations are not im probable. It is evident the Republican Party is not a unit in organiztion and Durnose. The radical wing is represent ed in the Cabinet, but docs not control it. It is evident the conservative element is recognized by the President as more in consonance with his sympathies and views. Ignoring extremists of all partiw and sec tions, he may seek to consolidate his strength by winning to his support tne wise, liberal and prudent, without regard to past affiliations. , Assuming that he will do this, a Career of great prosperity is be fore us. There can be no question that the resources of tbe country suprictiewl ly unlimiUrdjyndaUMfcniler justl iwe and an honest; enforcement of them, jtt" pro- ress in wealth andUnterprise will enable to overcome all its financial embarrass ments. In tbe old and densely populated countries labor vainly seeks employment that will yield more than a bare mainten ance, while intellect, c mbracd with capi tal, has explored and fully developed every field of profitable enterprise. But this country affords an unlimited held. It Is receiving, yearly, hundreds of thousands of emigrants from Europe, the educated and the laboring classes each contributing their due proportion, thus adding with giant strides to its wealth producing capa city. In a few months the old civiliza tions of Asia, those vaat hives of indus try, containing nearly one half the popu lation of the world, will be in easy reach by railroad to the Pacific. Tho buried wealth of ancient Tyre, and the faded glories of modern Venice, may be revived aud transferred to the shores of America. renin I ...ie, w re "so natter Iu bout any intenB in the Si. lie. Jlr. Moore a beioeuce. heini fiftees o frsm Mi. I.ove. saving Ii InsBssW mm Lwe moved, at him, saying be 'Mr. M.) wan ad h d tiai attd a s - fin -bmmWpmn con fusion euMu (I, nd no farther violence followed. The origin "f tins difficulty sould also form a part of i his uaratlfa. The school bill had been under consideration for the tixvions two weeks. Xr. Love had ta en an active part, in knocking tbe wind out of the sails of this radical machine, drawn by old Cape Cod Ashfey. The bill hud been relieved of many of its most odious features. Ou Honday it came up on its ;J J reading. A struggle of nearly rwwhouis to pat pone took place, the Radicals 1 iv ling, the Conservatives opposing. Finally tie Radicals succeed ed. MrLovc protesting and charging, that the sole object of the Republicans was, to gut time to hold a caucus, and of the cty dej I a m t i oeioii .i unicc rtpiiatiun dkBi tilt m. n c. i m moils, iimmiiui , 1 enter his d1 or. substitute, which they and adopt under the gag there adopt would bring in jffrlpredlctedihMucns was held Tuesday night) the substitute waa agreed upon, weak-knred Republicana who could not be whipped iu its support in the Sen ate in open day. were whipped Into line, Jn that midnlgHt conclave, and Mr. Mooro selected to call tbe previous question. Wednesday iiwas offered in the Sen ate, and but ftjw of the Conservatives were allowed t see it, or did see it, and only heard it ojice read at tho clerks desk. Yet upin this substitute, of forty or fifty section!, they were required to vote, being deihd tbe right of reading it, amending it ofc even h c issi.ig it. Then is it any wondir, that Mr. Love was en raged. We ana- only, surprised, that the little b1r!iiooronslrvarlves there, did n t rise as onatsjap, and rebuke tins un scrupulous, nnttfeiplcd, wicked, and ty- ranical act of Icgstion. Kaleigu. Peace nt;4fae nManrefT m. .... .1 i : 1' s ,r"m return of such sum- shall be required to ess and make such defence to the action as he may desire, when the cause shall he ordered for trial et the ex piration of the ninety days neat succeed ing the return duy..Qf the fUWmons, Sec. 3. Tho defendant shall be at liberty to demand a jury of six mcu to try the issues thus made, to appear at n day subsequent iu the discretion of the Magistrate, which shall not be less than ninety days, when tho cause sh&ll be tried ttules either party shall be unpre pared fsMTMl, in which case the Magis trate sbJHpVe, in his discretion, such further Wbtiiiuaiice for not less than nine ty days. Sec 4t In ease either party ahall be dissatisfied with the judgment rendered by tbe magistrate, such party shall have the right to appeal to the buperior Court of tbe county, without security tor tbe appeal, when the cause shall bo docket ed, and staud for trial in its regular or der acordiug to the course of the Court Sec. 6. The defendant shall be at lib erty in any judgment before a J ustice of the Peace, to have a stay of execution for mant, so that no Fieri facias or other final process could issue without a revival of tho same. A Federal Court is asked (0 declare that a lien haa been created in behalf of the plaintiff Lilly, and to enforce such lieu by ordering the assignee to pay to the aid plaintiff the proceeds of the sale of the Bankrupt's property or sufficient to satisfy his judgment. This the Court would do, if by tbe course pursued by the plaintiff be bad by tbe laws of North Carolina acquired lien, and had preserved suck lien up to the time of tbe bankruptcy of tbe defendant. That the plaintiff never acquired such lein I think is very clearly sbnwu in the lead ing ease of Smith vs. Spencer, 3d Iredell's Law, page 25(1, and this, since the very able and elaborate opinion of Judge Rut- fin in that case, has been regarded as the fettled law in North Carolina. It is unnecessary to decide the second question propounded, as it is in effect de termined by tbe answer to the hrst. 3rd. In answer to tbe third question submitted, I state that the Itegister can not order or permit the withdrawal of i proof of debt after be baa passed upon the same, allowed certified and transmitted same to the Assignee t this be certified to Wm. A. Guthrie, ter. igned.) G.W.BROOKS. jh w District Judge. AsseViiey for cSdit- jFor the Old North State THE HOMESTEAD -OLD DEBTS. SERVING PROCESS BY PUBLI CATION. , It is a matter of importance in our new practi ce, under the Code of Civil Proce dure, that where process is served by pub lication the time and place of filing the complaint be distinctly stated. This has been considered a jurisdictional require ment, which, unless complied with, will render a Judgment on default void. Ti tus va. Belyea, 8 Abb. Rep's 117. This is decided on paragraph 135 of the New York Code of which paragraph 89 of our Code is a literal copy. Very few of the publications which we have seen seem to meet the requirementa of the Code ii this particular. The forms which we publish this week, in trie cases of Richard L. Wood against R. R. Ilarr, and John L. Morrisson, AdmWof Jesse Hullln, against Elisabeth Hulin, Laura TTtillin and others, were prepared by one of the most accurate lawyers in the State, and may be relied upon as complying with all tha, MquiremenU of tbe law. -mmW' Decision i Regard to Insurance Poli- cies. The Supreme Courtof Illinois has recently rendered a decision of considera ble importance to insurance interests, con cerning the power of faiettrance companies to vitiate policies. The case involved was that of a butcher (or rather the keeper of a meat shop), who kept a keg of saltpetre in his simp notwithstanding that the terms written in his policy of insurance declared that the keeping of saltpetre should viti ate it. It also appeared that on one oecex sion he sold a quantity of saltpetre to a customer. 1 be proof showed that it was customary for dealers in meat to use1 petre in small quantities in their bpsi The conrt held that such customary of the article implied a knowledge fact on the part -of the underwrite that tho mere feet at !?, or of or use, in a reasinmon- ijouoii j , not vitiate ths policy- But a keg petre, was, tinder the proofs, more I reasonable quantity, and the fact of sell to a consumer made the butcher a dealer in tbe article to such nn extent as clearly to render the policy void under its terms. lt- nesk . W I rfhjjuid I hard. ing Two hundred letters written by and to Marie Louise, the second consort of Na poleon I., have been found in tbe secret drawer of a large old writing-table at the palace in Parma. These letters are said to be of the highest historical valne, inas much ha they throw considerable light on. the efforts made by Napoleon to induce Marie Louise to return to him af er his departure from Elba, and on the steps ta ken by the ex-Empress to prevail on her father, the Emperor Francis of Austria, to intrust her son, the young Duke of Reicb S tad t, to her. Revenue Cases. On Wednesday tbe House passed a bill repealing the law which gives to tbe Supreme Court, juris diction over revenue eases where the sum involved is less than two thousand dol lars. The new bill leaves the final deci sions in such eases to the circuit courts. Mr. Gladstone's speech on the 1st in stant, iu presenting his bill before Parlia ment for the disestablishment of the Irish church, is spoken of aa a most bril liant effort. Ma. Editor am glad yoa hare published the v. rv able opinion of Judge Carpenter of S. 0L on the subject .f House- steads and persoaM Exemptions; There can be no doubt Bat the masses of the puplic are being ndjs-lei1 on these matters. Stay Laws, I lomtftends, and Exemptions cannot be maintained as against pre-ex isting ewrtracts, and the sooner parties affected arwauideceived the better. Let debtors i psHt they can, and when they cannot pay out, or Where creditors are too exacting, let them go into bank ruptcy. This ie the onlv remedy to re lievo t lie Country of the incubus of indebt edness now narnlvxiur the energies and crushing out t!ie very life of our people. On the other Ii and, let me aay to the creditor class, ycu are in danger by the blind poli a if of ending 00 muck, qf losing all. It is an asn rtained fact, thai the in debtedness of ths South, exceeds the to tal value of all its property. This In debtednees eannit all be paid and ticrcr inlbc - Any attempt 'to' force he pay ment will result in overwhelming ruin. This fact was early recognised in South Carolina, Georgia, and other of tho con quered States. In these States, by com mon consent, ami by the concurrence of the Courts, (tl'ere b. iog no Stay Laws,) balancesyRsifc soon struck and adjusted, rjid debts were demand, d to the htstdblllir. Stay Laws were rei-ortei.fo as a meat protection. HWtM accumulated, confidence and all valiiestJjiidly docli The result was that every attempt to col lect by law even so .much as a tenth has been mcky a prompt aud decided resist ance, stsfSg enough to curry evcrygjH before it, Aml-so it will continue to be. We have sen. what both parties and all classes in the present Legislature are wil ling to do iu order to protect the debtors against grasping creditor!. There is one remedy lack, which is thonght to be legal and constitutional, and Which wijl surely bo resorted to If just concessions are not speedily made by creditors. Itis tins to repeal all our Statutes allowing realty to he sold under execution, and remitting the judgement creditor to tbe old common law writ of Elegit, udiich authorised him to take half of the defendants lands, and require him to cult irate thtm until he made the money to pay the debt. Of course the writ of hkgil Is only suitable to such a country sal England, where agriciftu e is thoroughly sst( matiaed, and hi highly remunerative. Here such a policy would prove asanflkftbioM to both parties, and lead to twdWeo tlict and violence. Hut it would save the debtor. It is intimated in hurt nu.it t t to he law, and it wili land they are now rapidly reenperattng. IV 1 ,V l: E 1 Here a ainerrni poncy was uprsueu. krunsdJmei wMKEtho linWfled 1 nreiy be resorted toVtf the creditor class do nut come to tcnaMMd We sty to (BtHPr If you can get on an "average WtyKiita in the dollar on the principal of your old debts, the best of them, take it and and this struggle. Ton will then save more in proportion out six mouths, on giving security, to be judged of by the magistrate, for tbe pay ment of the debt; Provided, That the security be given at any time within twenty days from the rendering of the judgment. sec, 6. All exeeutions issued from judgments rendered under this act, shall be made returnable within ninety days, from the issuing pf tbe execution. See. 7. All writs of summons 1 issued since since the first day of January, eighteen hundred and sixty-nine, upon judgments rendred on contracts made be fore the first day of May, eighteen hun dred and sixty-five, shan be made return able ah writs r unaQs ta ms. provided iu tho nraasjMon of this Sec. 8. All judgments rendered on such contracts since January, eighteen hundred and aixty-nineSby any magis trate shall, on application of the defen dant before the same or any other mag istrate, be set aside, and be open for pleading, trial, judgment and nppeal, as in eases provided for in the first six sec tions of this act. Sec. 9. It shall be the duty of tbe Magistrate to keep a docket of all such cases bad before him with proper entries, setting forth the various stages of the cause, and is shall be the duty of the sheriff or other officer tu make return be fore the Magistrate issuing the summons of all process in his bauds, relating ful ly and truly his action on the process. See. 10. The provisions of this act shall not apply to proceedings by attach ment, or arrest and bai. Sec. It. This net shall be in turn from and after its ratification. Passed March 18, 1809. OPINION OF JUDGE BROOKS. Judomeut ii not a Lien on a Baakrvpt's Propert Until a Levy. In the matter of Milton Mcintosh, Bank rupt. At Elizabeth I ily, in the Dist rict of North Carolina on the 3rd day of March, 1809. Bv the case argued in this canse by D. G. Mcllae, assignee of Milton Mcintosh and Henry Lilly as creditor of said Bank rupt, this question is first presented. ' ."Does the issuing of a writ of Fieri la cms to the county iu Which the binds of the defendant are situated, upon a judg ment recorded .gainst such defendant in tuiity-2snre'f another county, test- of March Term. 1801, and returnable SELECTED PARAGRAPHS. It is exceedingly bad JBBrdary to harrow up the feelings otfmW wifj. "Pride goeth before fall." It oftcu goes before a waterfall. Lose not your trade as sportsmen do their fingers, by high charges. Arte mus Ward said tbat the man who wrote, "I'm saddest when I sing," was a fool to sing much. if' sr. -r- Charleston is boasting over the estab lishment of an ex'tensive sash and blind factory. Seventy thoussnd dollars have been raised in Mew Orleans since the war iu lid of Presbyterian churches. Salvation is the thing needful for man, and faith is the oue thing needful for salvation. The meanest are with God, the light est mean without him. Everything we add to our knowledge adds to our means of usefulnea. Farmers are like fowls neither will get full crops without industry. Flaxseed it said to be the only thing that will fatten obi horses. Wanted. A lsUboat that will float on a "sea or irouDiesxfV A Vienna millionaire recently c milted suicide, but before he did it ho made a bonfire of all his paper money, bonds, jewel, deeds, ice., in order to spite his hcira. Mr. Christophent age.l sixty five yenssv was united In matrimony with Miss Mary Adelaide Price, (daughter of Henry Uj Price, President of the "VenesoelaCom- ftny") aged only thirteen years, on uesday morn tag hut, hi Fluvanna conn jr,Va. Congress. The probability fflss to be hcreaalog that a bill wiU toon be passed for a gensjpi removal of nWbtrtf ties of all pereonT who are rww kryaf tar the government the bill will be atrV dared by Gen. Butler. The sate a' ahoy Tenure of Office is still uncertain it bp thought it Will be suspended for i (odx yean, nothing settled yet in regard to the contested elections. PERIODICALS, ietastiui mm .m HW SSBBBBS n beaid mm on M I tad Variation. It is also Mm. 1 Gcrnxmrt Artist Bom Bon- W The Eclectic Magazine for April has been received, and is a very number. It contains sixteen 1 leading Msgasines, Books, Science 1 the celebrated ' heur. Yearly subscriptions gS, tingle Number. 45 omttl Address E. R. Pel. ton, Publisher, 108 Fulton Street, N York. tiranf." Thi"Magain? Ly Oapt, Mayne Reid, for April is on onr table, and is the best number yet published. i nce 01 a sing'.ecopy cents. Address Capt. Mayne Reid, 33, Union Sqaare, N. York. We learn from the Press that on hut Thursday morning tho roof the Court House in Morganton caught fire, bnt waa extinguished before any material dam age wra done. Peters' Musical Monthly for March fa before us. It contains several pieces of new music. Those who wish to supply themselves with 325 or $30 worth of fine selections of music can do so by sending the small sum of $3 to J. L. Peters, 198 Broadway, New York, for which they ill get "Peters' Musical Monthly" one- yea. Minor Place. Vf 9 are indebted to the publishers for copy of this work. It fa a Southern Novel, the acencea being laid in Georgia and Alabama. Itia a readable and entertaining book. Send for a copy to E. J. Hale fit Son, 16, Murray St., N, I or. NE W ARf ERftt WVvSkWmmmmmmTi p is r"TiflT fc"fTn at hhsirftr iitn - - S Sfcmsdfrsrrr, 4 U. . i.j: t lines tberstasninVHi c- '- ror a xnaaassajam von company. a .lUnau Why AKei f Because misery lo A 85,000 monument fa to he erected over Sam Houston's grave, at Houston, Texas. A man in Connecticut recently got a neighbor to help him dig a grave "for a joke," and then killed himself. Josh Millings says: "When a ynng man aint good for anything else, I like tew see him carry a gold headed cane. If he can't buy a cane let him part his hair in tbe middle and wear a sbort coat. It has been stated by some one curl ons in statistics, that tbe whole amount of grain raised in New England each year would not supply its inhabitants six A bluff old farmer says : "If a man professes to serve the Ivord. 1 like to see him do it when he measures do ta toes, as well as when he hollers glory halieluyer!" A very eulogistic obituary of a lady says "She was married twenty-four years, aud in all that time never ouce banged the door." Women's Righta are on the move in Massachusetts. The late town elections show that a very considerable number of women have been elected on tne school committees. ., . An American put down a braggadocio Englishman by explaining that the rea son that the sun. never seta on the entire British Empire was because the English could not ho trusted iu tho dark. a n "- 1 .lAhn ?Sfinfrtrrt innntr mint at June Terra 1861, ot said wourt, cream-p . of ex.GoWnor Pow such a lien nnon tbe real estate of the de- fendent as wifl be respected and enforced by the bankruptcy Court, the said defen- blu.it h.iv-infr been subsequently declared a I "-r- ..... .I bankrupt upon his own petition in tne month of March, 1808." , It is now settled in North Carolina tbat a judgment does not create a lien in favor of tho plaintiff upon the property, either real or personal of the defendant, nor does, tbe issuing of a Fieri Facias upon such judgment create a lien. Iu this respect we are governed by the Common Law. In many of the States it is' different, tt it is made so by the statutes of those States. It was the ease long before in this State, that if a plaintiff obtained a judgment, issued bis tten tactas and the same case to the stierin 01 a county iu which the defendant's property was situa ted and the sheriff levied upon such prop erty, that such levy related back to the test Term of the execution and created a lien upon the property levied on, from the beginning of said Term, for the satiafac-, tion of the plaintiff's debt. But without a levy, the only execution issued in this ease, became a dead process after the return day, to wit, the Monday of Jdne Term, 1861. Subsequent to that time tho sheriff waa not authorized to do anything by that process ; and if a year and a day elapsed from the issuing of an other execution, the judgment became dor- Richard 'en. through the heart, at Henderson, Ken tucky, Thursday, killing him instantly. A reckless French writer declares that French females become uglier from gen eration to generation, and that in thirty years there will hardly be a pretty woman in all 1' ranee. Several men were injured, three mor tally, by a railroad accident at Cincinuati, on Saturday night. Andrew Wilson cut off his left hand in. Cleveland; by way of aft original sui cide, and bled to death. Mrs. Lvdia Beecher. the mother of Henry Ward Beecher, died in Brooklyn on Saturday morning, aged 80 years. During last week 12,000 doxen eggs were shipped to New" York from Petersburg. A young gentleman who has just mar ried a little beauty, says she would have been taller, but she is made of such rare material they couldn't get any more of it ' Your first sleep should be on your right side, your second on your left. Never sleep on your back, especially after a hearty fectusl. At If arch 96 lfctt now sat a sure t as prompt as it is ef- E. 81T.LS. Dm Store, Salisbury, N. C. TRUSSES, 1 great variety of styles, and sites. They will he caicfully and skilfully fitted, by one who has had much experience", aud sold at about one half tho usual rates bete, K. SILL'S Drag Store, Htrch 36-19 Salisbury, V. C 8EWINC MACHINES. I HAVE THE AGENCY, FOR THE sale of a Shuttle Sewing Machine ennal In air respects to the best manufactured, with all the' new at tacit men t p. I will sell this machine for twenty-five dol lars less than other shuttle sewing machines are sold for in this State. J A sample machine, can be seen in opera tion nt Mm. Saltie Beard's Millinery Store, opposite the Old North State office. Salisbu ry. N. C. JOHN BEARD. For sale by Clement 6c Bro., Mocksville, and M arler. Wilson ic Co., Yadkinville. - March 2(ih. 1869. 12-3a Situation Wanted g As Governess in a Family or a Teacher. A YOUNG LADY WHO CAN GIVE the best of references wishes to obtain a situ ation as a governess in a family of small chiw .hen. railing in this, she would take a school under her own charge, or a situation as assistant teacher in u larger institution. I r further infarniadan address the editor of the Old North March 26th, State. 1069. SALE ASSIGNEE'S SA I wiLb Mil for cash, to bidder, at the Court House in Tuesday. 20th dayof dtpril, 18f9, 1 of Robert F. Johnson, Bankrupt, in i of Land, lying in Rowan County, the lands ol Jacob Knder, Rev. W in. A. Dr. D. 6. W ood and others, known sa tbe Burke Lsnds. ALLEN A. nARBIN, Assignee. Mocksville, March 26, 1889. 12:4. the highest Hal.sburv, on L 1 .am were Macros adkunior Wood, ST. CLOUD HOTEL . located corner T 1 HTS new and commodioi HTS nswsnd conmodioTis hoi Lot Broad trsy aud 43d Sheet, poMeaies advantages OTer all other pntiaea tor tbe accommodation or lav vueKts. It was built ezprtaslT for a Arat clsatFsss ilj Hoarding House the rooms being large and en auit. heated by steam with hot and cold water, ana furnished second to awne ; while tne call partment is in tbe most expert. initueftH an unequalled table One of At wood's Patent Elevators is t the "modern improvements" and at tbe all noura. Tbe liroadway and University Place Can nassHa door every fbnr minutes, running from the City Half 1 to t entral 1'art. while the sixth ana Me real sv nae Lines are but a short block on ei t hei Ing ample facilities for communicatinf with all liepota, FieamDoai i.an.iing placea or and Business of the great metropolis. march 11-6m Ml HIKE A HOLLET, i side. aSord-f 1 WANTED ! 1 0 SHAKES NORTH CAftOLUM its BAIL ROAD STOCK. Apply at Office. ;Jta l-laa tmmM a-m-m--n-
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 26, 1869, edition 1
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