North Carolina Newspapers

j2Jit!L - WHi I VOL. IV SALISBURY, N. C, MAY 7, 1869. NO. 18 !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. . 1.50 12,50 ! One Square, first iusertion,. . . EtUlll Mil ditioual ilMMHTtXMt 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 as advertisements. 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, .,!.-,. free, 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 withes. He looks abroad into the varied field Of Natnre, and though poor perhaps, compared With those whoso mansions glitter iu bis sight, 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 all !" 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 mind With worthy thoughts of that unwearried love That plume d, and built, and st.li uppholds, a world 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. Cowrfco. AN ACT To Provide for the Procedure in Special Proceedings genefiitty dndin ZAppttca tionjor Widow's Year's Support, and in Lower. rftOCKKDL'KE IV RPEiTIAI,, l'EOCEEDIXGS . (il-.NKRA 1.1 V. Sec. 1. TFAf all the parties ask the same relief. 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 relief demanded. Sec. 2. In what cases Clerks may hear summary. 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 term. faults v&sr4i-- 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 dure apptkoJble. Uoth iu respect to the proceedings on petition h which H the partieirin inrer- st joiu as petitioners snd to siteciai pro- I 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 support. 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 fifteen years. 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 signment. Sec 13. How value of articles assigned to.be ascertained. 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 or. Sec. 16. Appeal tuny be taken to Supe rior Court. 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 'lL!"s 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 full. 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 her. Sec 91. Application to be made by sum mons, See. 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 port returned. 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- soiimijr. 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 cases. Sec. 29. What arU repealed. Sec'iens elgliteeqjiitieteen, lwentv and iwenty-ono of chapter one hundred anil eighteen of the Revised Code are hereby repealed. Sec. 39. Tears provision! hsretofore laid off. validated. 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. CHAPTER III. rilOC'EDUEE IX SPECIAL I'KOCttEDI.VGS- TO OBTAIN DOWF.tt. Sec. 32. To what doicer a willow is enti tled. 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 .titled 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- Uliiing. Sec 34. I)jiier not liabtc to be sold under execution. 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 wife? Stc. 3-5. Alienation hy husband pass only two-thmis. 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 guard iau 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 the 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 nil 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 vorce. 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 (ion. 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 otherwise prescribed Sec. 46. Ajjidavit to be fded with com plaint. - 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 alimony. fee. 47. Material facts to be tried by u Jury. 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 fact. 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. 1869. j (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 lUC I 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 aud sixty-nine. Ratified this 27th day of January, A. D., 18G9. 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 acts. 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 the same. 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. D. 1869. AN ACT TO ALLOW CAUSES TO RE REUEARD IN CERTAIN CASKS. 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 trary. 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 mentioned: 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 Court. Section 2. This set shall go into effect upon its ratification. Ratified this 1st day of April, A. D. 1869. 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. REVENUE. 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 thirty days. 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 its ratification. 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 county taxes. Sec. 3. This act shall be in force from ..on Mixta no ibtimmnnr, cm nVkO anu parts of acts inconsistent herewith are hereby repealed Ratified 1 12th day of April, 1669. AN A CT Supplemental to an Act to liaise Revenue. 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. NEWSPAPER LAWS. 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 thereto. v 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 uses. 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. Godfrey's Cordial. Bateman's Drops Laudanum and Paragoric, Essence CinnamonY " Peppermint " 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 K. d!!.l.'TW Mrtl WIMimy N. Mi c. 1 . ' -- ,-' a