j2Jit!L - WHi
SALISBURY, N. C, MAY 7, 1869.
!jc lb Nortl) State
Pl'BLUHIKH Wlkl. ItY
Editor and lropriefor.
RATBS OF M'BritfPTlON
Om Ykar. m iu advance.
Su Month. " "
5 Cupien to oue .il.li'--- ,
Hates of Advertising.
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Twelve hues of brevier
1 1 inches length-
wise the culuiuu yr k-saxuu&lilutua ) ui.;
Special notiuea will be charged 50 per cent
higher titan the above rate.
Court order, si weeks, !?7, if the rmrt ae
eotiiiHiiies the order, $10 if it does not.
Obituary notices, over six Hues, charged
To erius wishing to advertise for a lon
ger lime tliuu one mouth the most liberal
terms will be given.
Pbr the Old North State.
HAPPY FREEDOM OF THE MAN,
WHOM GRAVE MAKES FREE
He is the
freeman whom rim hirlh n, .,!.-,.
And nil are slaves beside. There's not a chain
That hellish foes, conlederate tor his harm,
Can wind around lorn, but be casts it oil,'
With as much ease, as Samsoa his green
He looks abroad into the varied field
Of Natnre, and though poor perhaps, compared
With those whoso mansions glitter iu bis
Calls the delightful scenery all his own
His sre the mountains, and the valleys his,
And the resplendent rivers: his to enjoy
With a propriety that none can tel,
Hut who, with filial confidence inspired,
Can lift to heaven an nnpreMJmntuoos eye, .
And smiling say "My Father made them
Are they not his by a peculiar riht.
And by and emphasis of interest his,
Whose eye they fill with tears of holy joy,
Whose heart with praise, and whose exalted
With worthy thoughts of that unwearried love
That plume d, and built, and st.li uppholds, a
So cloth'd with bean'y, for rebellious man?
Yir ye may Oil your garners, ye that rearr4
. JTh' I- AaJ and ve may waste muck Kood
In serukflass riot ; hot jy w4J run ftpt,
If feast, or ih the chase, in song or dance,
A liberty like his, who, unnniieach'd
Of usurpation, and to no man's wrong,
Appropriate nature as his Father's wort,
Acd has s richer use of -yours than you.
He is indeed a freeman ; free by birth
Ol no mean city; ptanu'dor e'er the bills
Wtre built, the fountains opened, or the s.-a
With all bit roaring multitude ol waves,
H:s freedom is the same in e7ery slate;
And condition of tlii changeful li'e,
So manifold in cares, whos. every day
Brings its own evil with it, wallas it less:
For lie has winjr , that n. i:l-r sickness, pain,
Nor pe,imry, can cripple or confine.
No nook so narrow but he spreads them there
With ease, and is at large. The oppressor holds
His body bowed, but knows not what a range
His spirit takes, unconscious of a chain ;
And that to bind him is a vain attempt;
Whom God delights in, -aud iu whom lie dwells.
To Provide for the Procedure in Special
Proceedings genefiitty dndin ZAppttca
tionjor Widow's Year's Support, and
rftOCKKDL'KE IV RPEiTIAI,, l'EOCEEDIXGS
. (il-.NKRA 1.1 V.
Sec. 1. TFAf all the parties ask the same
If all the partiesJLn interest ioin in the
proceeding and ask the same relief, the
-commencement of the suit shall he by ;e-
tltion aetUug forth the facts entitling the
petioners to relief, and the nature of the
Sec. 2. In what cases Clerks may hear
Tn such cases, if all persons to he af
fected by the decree, or their Attorney,
shall have signed the petition, and they
be of full age, the Clerk of the Superior
Court shall have power to hear the peti
lions summarily, and to decide the same
if either, or any of the petitioners shall be
residing out ol the State. An authority
from him or them, to the Attorney, in"
writing, must be filed with the Clerk, be
fore he shall make any order or decree to
prejudice their: rights.
Sec. 3. If any petitioners are infants.
Judge must revise order.
If any of thn petitioners he an infant,
or the guardian of an infant acting for
him, no order or judgment of the Clerk,
affecting the merits of the case, and capa
ble of being prejudicial to the- infant shall
be valid, unless submitted to, and approv
ed by, the Judge Of the Court iu or out of
When special proceedings arc had against ,
adverse parties, they shall be commenced
as is prescribed for civil action. j
Sec. 5. Every order. Sec. .by Judge, to be
signed by him. j
Every order or judgment, whether in a
civil action or a special proceeding, wrhicJi !
i is required to be made by a Judge of the I
hupi-nor Court, either in or out . of term,
shall be authenticated by his signature.
Sec. 6. What part of Code of CUil Proce
Uoth iu respect to the proceedings on
petition h which H the partieirin inrer-
st joiu as petitioners snd to siteciai pro-
eeeuings between adverse parties, tbe.rol
wine nortions ot the Code of tliviTPro-
tdure, except as modified by special pro je
visions in particular proceeding, shall he
lie applicable as far as :hey can he, with
out prejudice to light and jus ice, and
without inconvenience, to wit : Titles one,
two, three, four, five, six, seven Title
eight, except sections one hundred and
twenty Ave. Titles nine, ten. Title el
even, except so much of'sectinn two hun
dred and fifty-eight as limits the kind of
execution to three. In special proceed
ings (lie judirnieiit may he, that the Bar-
ties, or any of them, shall do, or omit to
i do, any act according to the right and jus-.-'-l.i
i i lice of the case; and upon such judgment
. . m ke wtewtiwi mnj issue, eoi.tnnniM.-
thereto und bo enforced as provided in
.-eii two immtrert rnrfirfrr'rn,ri or the
Code of flivil Procedure. Titles .twelve,
thirteen, fourteen, fifteen, sixteen, seven
teen nnd twenvv-oue, scttiont four hun
dred end thirteen nnd four hundred and .
fourteen of Title eighteen.
Sec 7. Hi ports set aside for trivial defects.
No report or return made hy any Com
sinners sh ill beset aside, nnd sent hack
to them, or oilers for u new report, hy
reason of any del xt or omission not al
fcctinj the Buhst.nitial rich's of the par
ties, hut such defect or omission may be
amended by the Court, or by .ho Com
missioners, by permission of the v'ourt.
PBOCUonroa my a widow to hecoveh
A YEAR'S SUPPORT.
Sec. 8. )J7if widows entitled to a vcar's
Every widow of a deceased intestate, or
of a testator lroiu whose will she has dis
sented, shall he entitled, besides her dis
tributive share in her husbands personal
estate to an allowance therefrom, for tho
support of herself and her family for one
year after I is decease.
See. 9. Frvm what assumed.
Such allowance shall be assumed from
the ert. oioek and provisions of the de
ceased iii Ml possession, at the time of bis
death, if there he a bufficiencv. it shall be
made up hy the personal representative
from the personal estate of the deceased.
See. 10. Value of the eillowanee.
Except In cases in which a larser al
lowance is hereinafter provided for, the
value of a year's allowance shall be three
hundred dollars and otic hundred dollars
in addition thereto for every member o'
the family Lesides the widow.
Sec 11. Family defined.
The family of the deceased, for the pur-
po.-e of this act, shall be deemed to be.
besides the widow, every child, either of
the deceased or of the widow, and ev ry
other person to whom the deceased or
widow stood iu place of a pareut, who
was residing with the deceased at bis
death, and whose age did not then exceed
See. It. Dut'i of the administrator. Sec..
to assign. ' ,
It shall he the dutv of every ndminis
trator, collector, or executor of a williiotn
which the widow of the testator lias dis
sented on application in writing, signed by
the widow ol such intestate or teittor, at
any time wjff.hi one year after the de
cease ot the tiui-lraml, t assign to her ill
the manner prescribed in this act, to the
value herein prescribed, deducting there
from the vultio of a iv aiticN s consumed
by the Wiriow and In'r family1"" since' the
death of her husband-to the lime of as
Sec 13. How value of articles assigned
The value of stock, crop and provisions
assigned to the widow, as well as iiiat ol
the articles consumed, shall he ascertain-
by a Justice of the Peace and two per
sons qualified to act as juror s ol the coun
ty in which aJuiinieiration was granted or
iiie will was proved. "-
Sec. J 4. Pcrs nal representative to avnhi
to Justice, d"'c.
Upon the application of tile widow, 1h
nersoual representative of the deceasnl
snail apply to .i Justice of the Peace of
thu 'owiieliip the deceased resided in, or
of sooie adjouiiug Township, to summon
' two persons qualified to actas jurors, who
having: been sworn by tue Justice to act
impartially, shall with him ascertain the
number ot the family of the deceased ac
cording to the foregoing definition, and
examine his sjock, crop a.'id provisions on
hand anu assign to the wiuow so much
I thereof as will not exceed tho value limit
I ed iu section ten of this act, subject to the
deduction prescribed in section twelve of
this act. The commissioners shall put
the widow in possession severally of the
articles assigned to her.
Sec. 15. Duty" of the Commissioners.
Thecommiisioners shall make and sign
three lists of the articles assigned to the
widow, stating the quantity and value of
each, the number of the family, and the
LjbfiniOTliy pl VlT'Tr1" personal rep-
r, , i . t , v, line of those lista aha II be
j.ii.JZjVn ti.n -M0. lie to tKa
KnMMtv. one returned bv the
ju8ycej j., twenty days after the as
sienment. to tbe Superior Court of the
county, and the Clerk shall file and re-
cord the same and enter judgment against
the personal representatives,, to be paid
wecji me assets snail come into ins nanus,
for any residue found iu favor of the wid
Sec. 16. Appeal tuny be taken to Supe
The Personal representative, or the
wwow. oreny creditor, or legatee, or" as
distributee of tbe deceased, may appeal
from the finding of the Commissioners to
the .Superior Lourt Of the County, and
the adverse party to appear before
such Court on a certain day, within ten
days from tin- assignment.
Sec 17. JJaty ( appellant.
At or before thu day named, the appel
lant sha I file with the Cleik, a copy of
the nssiginneiit and a statement nl his ex
ceptions thereto, and the issues 1 1, ere by
raited shall be decided by the Court as
other Issues aie directed to be ; when the
issues shall have been decided, judgment
shall he entered accordingly, if it may be
without injustice, without remitting the
proceedings to the ComUilsslouera.
ike. IS. Sum- alltH d h n-'-hre. fa hf rrr-t
ilrd In Hi- creator, widow, dc, unlets
iuiuttueiiml ftnl. ,
Upon the settlement of tho accounts of
the prmooul reurusentative, he shall bo
credited with the articles asstirricd, and
Mm value of the deficiency ussessessed as
utoresanl, It tin' s.itucsliatl liuvebeeu paM,
unless the allowance be impeached far
fmud or gross negligence in hi.u.
Sec. 19. When abjee allowance shall be in
If the estate of a deceased be insolvent,
or it his personal estate docs not exceed
i wo thousand dollars, (he allowance for
the year's support of his widow and lier
family, shall not, in any case, exceed the
value preAuihtd uboVe; a id jhe allow
ance made to her as above prescribed,
shall preclude her from any lurtber allow
ance. Sec. 20. Tl'rcn in fuU.
It slrill not, however, be obligatory on
a widow to have her support assigned as
above prescribed, without applying to tbe
personal representative of her deceased
husband ; or otter an allowance shall have
jBeen made to her application iu manner
f ' -i f. ire i 1 i SlKsK IMSV a t nnvr tin. -'. I I . .
iwvouiU r tu mrsj , nv axil u.ii' f n iiutii
one year after the death of he. husband,
apply to the Superior Court of tbe roun
ty-w which the will was proved, of nd
ministration granted, to have a year's sup
port for herself and her family assigned to
Sec 91. Application to be made by sum
Tbe application shall be by summons,
as is prescribed iu section four ol ibis act,
in which the persoin'l representative of
the deceased, it there be one other than
the plaiutilf, the largest known creditor,
or legatee, or somo distributee of tho de
ceased., liviiir I" ' "oin.ri f vh ill bo
a defendant, aAd the proceedings shall be
as proscribed in this act for special pro
ceedings between parlies.
Sec. 22. What to be set forth in complaint.
Iu her comj I tint the widow shall set
forth, besides the facts entitling her to a
year's support uud the valno thereof, as
claimed by In ;, the further facts, th.it the
estate of the deceased is not insolvent, anil
that the personal estate of which lie died
possessed, exceeded two thousar.d dollars,
and also whether or not she had an allow
ance made her, and the nature and v.ilue
thereof; and if no allowance has been
made, the quantities and values of the ar
ticles consumed by her and Tier family
since : lie death of her husband.
Sec. 2'5. What judgment shall be given.
Jf the material allegations be found true,
the judgment sbull be that she is entitled
to the relief sonzbt : and the Court shall
thereupon issue mi cider to the Sheriff or
other.proper, officer o the .Cougty, .com-
inuiiding him to summon a Justice of the
Peace and two indifferent persons quali
fied to act asrjurur of the county to as
sign to the plaiutiff from the crop, stock,
and provisions of the deceased, a sufficien
cy tor the support of herself and her fam
ily, for one year from the deuYli of her
husband; audit there be a deficiency,
thereof to assess such deficiency, lo be
paid by the personal representative from
the personal assets of the deceased; le
d e itig, o v rah less, iu all cases, fiotu
such allowance, or the vnlue thereof con
sumed by the widow and her family be
fore such assignment, and also any sum
previously assigned to her.!
ftec. 2i. Duly of Commissioners, how re
The said commissioners shall be sworn
by the Justice and aliall proceed as pre
nyl ibed in sections thirteen and fourteen
of ttboi act j except that they may assign
to tho widow Jo the value sufficient fee
the support of herself and her family ac
cording to the estate and condition of her
httsh 'i.d and without regard to the limita
tion in section ten of this act; but the
volue allowed shall not in any case ex
ceed the One half of te: annual net income
of the deceased for the; three years next
piececding his death.
Their report shall be returned by tbe
Sheriff, instead of by tbe Justice.
Sec. 25. Party interested may accept.
Tbe personal representative or any
credit or, distributee or legatee of. the de
ceased, wi'.hiu twenty days after the re
turn ot tho repot t, may til exceptions
thereto; the Plaiutiff shall be notified
thereof and cited to appear ..before the
Court on a certain day, within twenty,
and not less than ten nays after service of
the notice and answer the same; the case
shall thereafter be proceeded in, heard,
and decided as herein provided for in spe
cial proceed! -igs between parties.
Sec. 26. If the report confirmed, what
judgment and execution.
If the report sha1L be confirmed, the
Court shall se declare, and execution shall
issue to eulorce the judgment as iu like
case. . .
s - Cost, hotctnbvpaid.
If the widow shall recover final judg
ment lor the value greater than that men
tioned in section ten of this act, or, for an
additional value after having received the
value therein i.. ' ' 'tied, it shall ho in the
discretion of the Court, to adjudge the
whole or any part of the costs against the
widow, the personal rwresentntive ol the
party excepting, as ineV seem just ; but if
tbe wiriow shall fail lofscover more than
the value nl lowed bv said section ten,
computing its pari ot her recovery, any
value wl.vli intiv have beeu assigned to
her on her appliesjliou tbber personal rep-
reseutaJive, she sbsll pay tlte whole cost
of the proceed! nr. It lh neisoin I repre-
sentatlVQ Shall h.ive . led for thirty day s
after e wnlow s pfttuti, to have L
vear's support assigin d to her, he shall
j ay the whole cot of her proceeding per-
Sec. 23. Ices of commissioners and sher
iffs. The fees of the Justice, tho. Commis
sioners, nnd Sheiiff, eacb, sh ill be one
dollar for !i" a- onssU ; the other fees
and cod rlull be us prestiiocj iu othii
Sec. 29. What arU repealed.
Sec'iens elgliteeqjiitieteen, lwentv
and iwenty-ono of chapter one hundred
anil eighteen of the Revised Code are
Sec. 39. Tears provision! hsretofore laid
All the widow's provisions heretofore
laid off by any Court or proceeding, since
the pi a si ut Const itution of the Sialu was
ratlin a stiMif ue utni i oe sAine me n.'reuy
validated : Prut ided. The saanc are satis
factory to the p-iii'-s.
-ec. ii. Widows unprovided for, allowed
to proceed under this act.
Every widow, whose year's support has
not been allowed aud assigned to her by
some Court or proceeding siuco the pres
ent Constitution was ratiiied, may proceed
to have the same allotted to ber under the
provisions of this chapter, deducting for
the tii.it! which has elapsed up to the dule
of such allotment.
rilOC'EDUEE IX SPECIAL I'KOCttEDI.VGS-
TO OBTAIN DOWF.tt.
Sec. 32. To what doicer a willow is enti
mows shall be endowed as at com
mon law, as iu this chapter defined.
See. 1)3. Common Lajv Dower defined.
Kvery tiwr.N.I etai' Mmil t o
to onc-lhird interest ul vaiao of all the
l.nds, tenements and nereil it aments where
of her husband is or may be seized anil
possessed at atiy time uuring coverture;
in which third part shall be included the
dwelling buise in which her husband and
family, usually resided, together with the
offices, outhouses, building's and other im
provements thcreuotmbclongiiig or upper-
Sec 34. I)jiier not liabtc to be sold under
Dower, or right of dower, shall, in no
case, be subject to seizure on execution
for thy payment of any debt of the hus
band during the term of the life of the
Stc. 3-5. Alienation hy husband pass only
No alienation of the husband alone,
with or without 'Covenant nf warranty,
"shall, haye, any. otbejcor, further cfiectAhau
to pass his two-third interest in such es
tate : Proi'ided, That a mortgage or trust
deed by the biubaaid to t i cure tiro pur
chase money, or any (wrt thereof, of land
bought hy him, shall, without the wife ex
ecuting the deed, be effectual to pass' the
whole interest according lo tlie juoyisieus
of the said deed.
Sec. 36. Wf'Cti widow barvi l.
The tight to dower under thra.net sha!:
pass atnlHft' if fuiai'agjwnit any widow
or person claiming under Upon the wife
joining wiiii her husband in tire deed cf
conveyance aud being privately examined
as to her consent theietoin the manner
prescribed by law. -1
Sec; 37. Widow may dissent.
Kvery widow may dissfnt from her
husband's will before lite Court of Pro
bate of the county in whii.Ii such will is
'proved, at any liiue'iWHrtfx mouths af-
Uuv the. in h ate. 1 hetflssent may bo
person, or by attorueyArutlioi :,d im
ting, executed by tne wis"ow aud attested
by at least one witness and duly proved
and registered, flip dilseut, whether in
person or by attorney, shall be tin .1 as a
iironl of ' o.irt. I ftbe widow be an in
fant or insane, sho may dissent by her
Sec. 38. Effect of disseitU
Upon such dissent, the widow shall
bare the same rights amp estates in the
real and personal property of ber husband
as if he had died intestate,
Sec. 39 When dower assigned by heir or
acrhee with widvi'-.
If the perconal propertyof a descendent
be sufficient to pay his debts and charges
of administration, the heir or devisee with
tbe widow may, by deed, agree to an as
signment of her dower.
Sec. 40. How dower mam be applied for.
If no sik h agreement be made, a widow
nay apply lor assignment of dower by
the petition in the Stipedftr"Court as iu
other cases of special proceedings.
Sec. 41. Who must be parties.
The heirs, devisees oud other persous in
possession ot or claiming estates in
I ... a. a in L. j: .
W t"-r6 ,
Bee 4. now aower assujuea.
If dower be adjudged, it shall be as-
eigued by a jury of five persons qualified
to act as jurors, unless one ol tbe parties j
demands a great number, not exceeding
twelve, who shall be summoned by the
.Sheriff to mtft on the premises or some
part thereof, and being duly sworti by the
shall proceed to allot and set apart to the
widow her dower in said premises accord
ing to law and make a report of their pro
ceedings under their hvnds to Court,
which the Sheriff shall return wilhiu five
days to tho Clerk of said ( ' .urt
See. 43. Notice to such parties.
The parties, or their attorneys to such
procpcdin ,h, noll&f 0 b, (uie
- jfinTl 'face of meeting of the iury apiK.int-
ed to assign dower, at least five dsys be-
ioco Um inssliaf
rriOCTKDI XriK IS D1V0BCK
Sec. 44 Proceedings on application for di
Section two hundrel nnd twenty-fonr
of the Code of Civil Procedure shall be
amended by striking out tho words "or
for a divc.ee from tho ' marriage contract
on the gronnd of adultery."
See. 45. Superior Courts to harejurisdie
The Superior Courts shall have all the
jurisdiction on complaints fir alimony, or
either, given Ly chapter thirty-nine of tbe
Revised Cade, and the procedure on such
coiup! dnts sbull be as herein provided tor
rpeeial proceedings except as hereinafter
Sec. 46. Ajjidavit to be fded with com
The plaintiff in complaint seeking eith
er divorce or alimony, or both, shall file
with his or her complaint an affidavit that
the facts, set forth in the complaint, are
true to the best of the affiant's knowledge
aud belief, and that the said complaint is
not made out ot levity or by collusion be
tween husband and wife ; and, if for di
vorce, not for the mere purpose of being
treed and separate from each other, but
in sincerity und truth for the causes men
tioned iu the complaint; and the plaintiff
shall also set forth iu such affidavit, either
-I .) that the facts set forth in the com
plaint, ae grounds for divorce, have exist
ed to his or her knowledge at least six
months prior to the filing of the complaint;
r, if the w ife be the plaintiff, (2) that the
. i unhand is removing or about Jo remove
Ins properly and cttects trora Hie otate,
wln ii bv.alic mav be d suuuointcd of her
fee. 47. Material facts to be tried by u
The material facts in every complaint
asking for a divoicn shall be deemed to be
denied by the defendant, whether the same
shall he actually denied by pleading .or
not and no judgment shall be given iu fa
ror of the plaintiff in any such complaint
until Bueh facts have been found by a ju
rv. or unon reference ns is provided iu
chapter five, Title X. of the Code of Civ
il Procedure, and on such trial neither the
husband or wife shall be a competent wit
ness to prove the adultery of the other,
nor shall ths admissions of either parly
be received as evidence to prove such
Sec 43. Sections fice, six, seven, and eight
ofckipter thirty-nine, Revised Code, re
pealed. Sections five, six, seven and eight, of
chapter thirty nine, of the Revised Code,
are hereby repealed.
Sec. 4'J. Existing suits.
The regulations respecting the proce
dure in complaints for divorce and alimo
ny, or for either' of them, prescribed iu
this act, shall be applicable to existing
suits as near as may be.
Sec. 50 11 lien act to go into eject.
This net shall go into effect from its
ratification ; but no rights which have
vested, or proceedings begun under any
acts of the General Assembly hereby re
pealed shall be effected by such ratifies
tioit or such repeal.
Sec. 51. ll'iaf laws repealed.
the following acts are repealed :
1. An set entitled an set restoring to
married womeu their common law right of
o ver, ratiiied March J!d. 1867.
..j t r .i...
and eighteen, of Revised
Ratified this 27th day of March, A. D.
(Signed) JO. W. IIOLDEN,
Speaker eftlie House.
(Signed) TOO R. CALDWELL,
President of the Senate.
Ftvte of North Carolina,
Office Sf.cbetart of State,
Raleigh, March 26, 1869.
I, llehry J. Menninger, Secretary of
State-, hereby certify that the foregoing is
a true copy of the original act on fiic in
this .office. -
HENRY J. MENNINGER,
Secretary of State.
AN ACT TO PROHIBIT HUNTING
ON THE SABBATH.
So I 'I'll,, iirMtrnl A ssrtuhltl A,1 Ptl.
act, That if any person or persons whom-
sover shall be known to bunt in this
State on the Sabbath with a dog or dogs,
or shall be found off their premises on the
Sabbath, having with Ihem a shot gun,
ride or pistol, he or they shall be subject
to indictment ; and, upon couvictiou, shall
pay a fine not to exceed fifty dollars at
the (iiscri tion of the Cuu-1, two-ihird ol
ol iuch nue lo ei)ure to tbe be,.fit,of the
pnhfic shoots m the county of which
8UCh convict is a resident, the rcmaiuder
to the informant.
See. 2. That upon upon failure, of
two and foui
, .... .,A llflnKMII
such convict to par the required fine, he
shall be imprisoned at bard labor for not
more than three months as the Court, in
Its judgment, shall direct; J'rocuka,
That this act shall not apply to any
person who may violate it provisi ns in
defence of his own property.
Sec. 3. This act shall lake effset from
and after March first, eighteen huiidrd
Ratified this 27th day of January, A.
AX ACT TO AMEND ACT AN EX-
1 . TITLED AN ACT TO MAKE
RANK ALLS A SET-OFF.
Section. 1. TAo General Assembly ot
North Carolina do enact, That an act enti
tled an act to make bank bills a set off,
ratified tbe twenty-second day of August,
Auuo Domiui, eighteen hundred aud
sixty -eight, be so amended as to apply to
judgments and executions which may
have been ebtaihed ou any debts due any
ol the Raulu mentioned in the aforesaid
Sec. 2. That when any person shall
have given bis or her note or bond, since
tue fust of May, eighteen hundred and
sisty-five, to any of said Banks, the con
sideration of which was specie, they shall
uot be entitled to the benefit of this act,
or the one to which this is amendatory.
See. 3. The provisions of section
first iu this act shall apply to all cases
where such notes or bonds are given to
auy Presideut, cashier, or other person,
for the benefit or interest of such Hanks,
and also, iu all cases given in lieu ot any
note or notes, bond or bonds, to any
banking association, er for the benefit of
See. 4. The Remedy under this act
may be plea of set-off, or by iojuucliou.
as the case may require.
Katified this 17ih day of March, A.
AN ACT TO ALLOW CAUSES TO
RE REUEARD IN CERTAIN
Section 1. The General Assembly of
North Carol na do enact, That in all cases
whereon judgment has been rendered in
any Coui'. of Plens and Quarter Sessioi e.
rtduvi, :n. trail) WOUUl lie eilll a;U lo lluVc
proceedings iu said Court reviewed and
reheard, either iu that Court or by certio
rari in a Superior Court, if said Court
of Pleas and Quarter Sessions had con
tinued to exist, and did now exist such
party may now have his vase reviewed,
and reheard iu the Superior Cour of such
county, upon affidavit exhibited before
the Judge of the Superior Court of said
county, showing sufficient cause for such
reheating the same shall be allowed up
on such terms as to security for costs and
supersetlas of proceeding as shall be pre
scribed by said Judge, and upon due no
tice to the adverse party, the Judge shall
order the same to be reheard, utiles su
fficient cause shall bo show u to the con
Sec. 2. 1 his act shall be in force from
and after its ratification.
AN IMPORTANT ACT.
Pelow we publish an important act re
lative to civil procedure, which it would
be well for all parlies interested to pre
serve : - "
An act to Cure certain Irregularities in
the Code of Comencing certain Actions
and to Amend certain Sections of the
Code of Civil Procedure.
W hi: i; as, Some doubts having existed
respecting actions which have been com
menced by writs in the old forms, return
able beforo a Judge of the Court at a
term, some by summons returnable in.
like manner, both of which forms were
irregular, and some by summons return
able before tbe Clerk at a term of tbe
Court, as provided by the Code of Civil
Procedure. Now, for tbe purpose ot
preventing the inconveniences which may
arise by reason of tbe irregulartics above
Section 1. The General Assembly of
North Carolina do enact, That in all
civil actions which have been heretofore
commenced, in which the process has
been or shall' be made returnable iu either
of the modi s above mentioned, no ad?
vantage shall be had or taken by reason
thereof, but the same shall be held regu
lar, and may be asaem'aff as to the pro
cess, and pleadings at any time, of course,
without costs, but upon sneh other terms
as to the Judge of tbe Court shall seem
just, and in those of such actious in
which pleadings have not yet been filed,
they shall be filed, at the term ot the
Section 2. This set shall go into effect
upon its ratification.
Ratified this 1st day of April, A. D.
JO. W. HOLDEV,
Speaker House of Representatives.
Too. R. Caliuvkli..
President of tbe Senate.
State or North Carolina, )
Office Secretary oj State, V
Raleigh, April 7, 1869. )
I, Henry J. Menninger, Secretaiy ot
State, do hereby eertifythatbrfriTTgsnig 4
ing is a true copy ot tue original act eu
ute in this office.
H. J. MENNINGER,
Socreiary of Stale.
F. Max sivgir. Clerk.
AN ACT in Relation to the Assessment
of Property for Taxation in the year
Eighteen Hundred and Sixty-Nine.
Section 1. The General Assembly of
North Carolina do enaet, Thst for the
year eighteen hundred and sixty-nine tba
lime designated in the "Act to provide
for tbe collection of taxes by the State,
and the several counties of the State, on
property, polls and incomes," ratified
March sixteenth, eighteen hundred and
Utty.n!ne, for the appointment of Asses
aors, aud all duties relating to the valn.i-
ttuu and return thereof of-tbe taxable
property of the State, shall be extended
Sec. 2. If in any county the duties re
q it fred of assessors and chrk cannot, for
want of time, with reasonable diligeuco
be performed at the dates in said act pre
scribed, as extended by this act, tl e coun
ty coinmi.-sio icrs sh II have power f r tl
present year, to give further time, not to
exceed thirty days. Provided, That noth
ing bereing contained shall be construed
to extend the' lime for payment of taxes.
bee. J. ine co ny commissioners of
tbe several counties in this State shall re
quire the several sheriffs of this State, on
the expiration of tho first year of their
respective terms, to renew their official
bonds, for the collection and disburse
ment of tbe public revenue, and such
bonds, with sufficient security, shall be
taken in such penal sum as in the judg
ment of such commissioners will be equal
to the amount of the State and county
taxes which may come into their hands.
See. 4. This act shall be in foree front
Ratified 12 th day of April, 18G3.
A ACT Supplemental to an Act
to Raise Jievenue.
Sec. 1. The General Assembly of
North Carolina do enact, that the thirty
fifth section of ''An act to raise revenue,"
ratified the first day of April, 1869, shall
not be confirm d to impose a tax upon
"Insurance Companies" whose incomes
are applied exclusively to charitable pur
poses ; but all such insurance companies
aud the incomes of such are hereby de
clared to be exempt from all State and
Sec. 3. This act shall be in force from
..on Mixta no ibtimmnnr, cm nVkO anu
parts of acts inconsistent herewith are
Ratified 1 12th day of April, 1669.
AN A CT Supplemental to an Act to
Sec. 1. The General Assembly of
North Carolina do enact, That wherever
the words Clerks of the County Commis
sioners occurs in section four of schedule
C, tho words "Clerk of the Superior
Court" be substituted therefor. . ,
Sec. 2. That this act shall go into ef
fect after its ratification.
Ratified 10th day of April, 1869.
As there are certain definite laws in re
lation the rights of publishers of news
papers, which do not seem to be under
stood, we will endeavor to make a plain
synopsis ef them and solicit attention
1. A Postmaster is required to give no
tice by letter, (returning a paper does not
answer the law) when a subscriber does
not take his paper out of "the office, and
a neglect to do so makes the Postmaster
responsible to the publisher for the pay
ment. 2. Any person who takes a paper from
the Post-office whether directed to his
name or another, or whether he had sub
scribed or not is responsible for the pay.
3. If a (n. i: an eiders his paper discon
tinued, he must pay all arrearages, or the
publisher may-continue to scud until pay
ment is made, and collect, the whole
amount, wluither ii be taken from the
office or not. There can be no legal dis-
conunuapce until tbe payment is made.
4. If the subscriber orders his paper to
be stopedat a certain time, and the pub
lisher continues to send, the subscriber is
bHund to pay for it, if he takes it out of
the Post-officet The law proceeds on the
ground that a man must pay for what he
5. The courts hare decided that refus
ing to take newspapers and periodicals
from the Post-office, or removing and
leaving them uncalled is prima facia ev
idence of intentional fraud
To Jobbers & Country Merchants
Opodeldoc-Solid and Liquid.
Laudanum and Paragoric,
" Lemon, Ac., dec.
DURING the years of the subscribers for
mer residents here, he manufactured and put
up. Urge quantities of the above named, as
veil as other articles, sold by country mer
chant, of standard quality and superior
style i all the e he sold at Aorteern eify pri
ces, barely addiug the cot of lrauprtalion
and for all these yars. tl:t Jobbers her, as
welTii their customers, fi.uud it to their'ad-
vauUge lu purehaae tiwiu friu tba subscri
ber, instead of seuding North.
They may be bow again had, at similar
rates, only at
Mrtl WIMimy N.
1 . ' -- ,-' a