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V I.. hi J XLAXX1XGXX, II. C. T7J3DI JE3DA1T, AI?niL G, XC37 VOL SHVIII. 110 13 LAWS OP NORTH CAROLINA. rassetl at the Session of 1S3G 37. r ; - 1 2IISCELLAN COl'S. .vivn ' ' AX ACT CONCERNING THE REEISED STATUTES, - ' fCoctrnJ vs 11 -la act torersnlt!ie-,UkiiigAa'ay, xxf boat,- canoe and peiiiaugcrs. uoni muuiuga or eiscwucrc witnoui Icartv - : - , 112A aeteonoeraifl? h. public zimn, '' ' - ' 113. " An act concerning proceedings in c nrnin arrases. , ",. 114. An act for the better security of personal liberty, . 115. An act for establishing public landings and places of f inspection; and for the appointment of inspectors and C f regulation of inspections..; " - - ..... !iyi!v!":! Sec. 2. AH acts and parts of acts, passed before the pre sent session otthUGencral Assembly, the subjects whereof s are revised and re-enacted in the Revised statutes, or which arc repugnant to. the' provisions therein contained, and all the statutes of England of Great Britain heretofore in use ' Slate, are hereby declared to be repelled, and of no lonce ana eneci jroui. nu ncr iuo uisi uay. ui January uvu, Willi the exceptious andJimitations hereafter mentioned. " Sec. 3. The repeal of the acts and statutes mentioned in the airrng proceedings had or commtneed in any case before the time vhea-SUCICepcaI. Sftau-ukeefwcli- bnl-tluj-proccedinga m every such case shall be conformed, where necessary, to the provisions of the Revised Statutes. Sec. 4. No offence committed, and no penalties or for feitures incurred under any of the acts hereby repealed, and before llie anecieu ay, me- repeai.v except- utau woere auy puntsatnenr, penally or forfeiture shall bare been mitigated by the provi sions of. the Revised Statutes,, such provisions may be ex tended and applied to any judgment to bo pronounced after tht-aattt repeal shall be sold, for the benefit of the State, by such person, in sheriffs, and members of the General assembly, shall hereaf - - t ' l - 1 11 L. I .11 , .1 "... W 1 . such manner, ana upou sucu cerais, as uie uoverour suaii.tcr ce uoiuen, in u.e years ui wmcn, Uiey severally occur, in direct and annoint, " Sec. 13. Tlie said volumes shall be punished as speedi h as Practicable: and when completed andclivered to the LorddU)flhe.Gavcrnorrthe siiperint'eadent3haII receive such compensation as to the Governor shall soem just and reason able, to be mid by the Public Treasurer, upon his warrant. ' Sec. I t. He it furhcr enacted. That the copies of the Urvisetr DTalUies, waicn shuh uo (inmeu m auucsmu, s.ian in; received as evidence ot tne law Deioro an triounais, ana in alt places, in the same manner, to all intents and purposes, as the originals m the oraco ot ttic Secretary ot Mate f J Ratified 23rd January, 1837. J An. ct allowing sheriffs or their deputies to administer oaths ,: -,, . . .? in certain cases. , ; . Iie.il enacted by the General l$semlhj of the State ofJSorlh Carolina, and tt is Hereby enacted by the au thority of the sa me. That whenever the freeholders, desig nated in the act of .seventeen hundred and seventy seven, chapter twenty-thtee; passed in relation to mills, shall be as sembled for tho purposes.specified ia that act, the sheriff or an inctirA nf iVio ru9A mnv nf?minilfr tbn nath rMiliirrl In next pwpgseeUont shall ooUrTegt anactdonor. L-nn by irr, ' ' ghtTtccTOTng or accrued or established, or any suit or Sec. 2 And be it farther enacted. That in all cases where any civil officer, in the discharge of his duties, isjper- oflTcer, when discharging such duties, chaH have authority to administer it, provided ho is a sworn officer: and the oath thus administered ;by the deputy, shall be as obligatory, as if ! administered by the principal, otucer, ana snail oe attended with thesame penalties m case j)t.. false .sa'Carmg. Manned I4tn iwcemDer, iwo.j f ' .; An Act increasin? the liabilities of Sheriffs. lie it enadet bp. the General Ammblynf the State of I VorA Carolina, ami it is hereby enaclea by the authority oj ine sume, That in tuture whenever a suenn, oy iiunscii or denutv. shall receive' into his hands claims for collection; it shall be his duty as an officer, diligently to endeavor to col lect, ana nay them over in lite manner as consiaaiesare now bound;nd in default of such duty, ha shill be liable to the owner of such claims for damages, which may bo recovered in any court of law. by suit on his cfiicia.1 bond, executed un- dcr the provisions of the act of the Gcnetal Assembly, passed 1 ui.Uie year seventeen hndred and-seveitty-severr, chapter eight; and Hr inonpys ;ouwtea on sucn ciaitnSjtn and his sureties shall be liable in like manner and for like damages, a ai'e now provided for in the case of money col- Ssc. 6. No suit or prosecution, pending at the time of the said repeal, tor any onence eommutea, or lor tno tjecovery of any penalty or forfeiture incurred under any of the acts hereby repealed, shall beaffected by such rqeal. except that the proceisdings in such suit or prosecution shall be conform ed, when necessary, to the provisions of the Revised Statutes, 1 Sec.' 6. " No act which has heretofore beeti repealed, shall at frlreinJeilnre .mentioned.,,.!,;... ,!,, -,.;,. .....r,,. ..... Sec I All persons who, at the time when the said re peal shall take effect, shall hold any 'office under any of ihe acts liereby fepealnd,- shall Tiiilohtentrfi'Tfiefw beea-abolwheaVaiid thasc-as to-wluch a Jdtllarent proywvsn shall have been made by the Revised Statutes. ' Sec. 8. No act of a private or local nature; no act con taining a ff'rant of corporate privileges for any purpose; no act granting privileges or imposing duties, in any particular coun ty, inconsistent with the general provisions of law; no act reg-ihting the time, p'aco and manner of elec tions, musters or rei'iews in any count y, ho act relating to fisheries in any particular section of the county; no act providing for the sii)prt of the poor in any conntv; arid no act directed to be published by the tenth section of this act, shall be construed lo be"fejieale "" "Skc. 9. Thi Revised Statutes Pimmemied in the 'first snet;ot of this act, shall not be published in the usual pam phlet form, (except those herein before directed to take tftTct inatneiately.) with the other acts of the present sessjojii, but shall be publiie unllenhe"superTrT tendenctsand direction of two commissioners, to be appointr ed by tho Governor, who, in case of vacanry after.thc a)point rtent, shall fill the same; win shall procu'e- thft same to he done iftyid style, upon the most economical terms, giving a preference, when the. style and terms of printing are eqiial, lb th printers of tins State; shall Jake pond tor the laitnmi per formance of th work of those who may undertake the sume. They shall barransred, in the publication, in alpliab'etica! or-, er! cJlrIn.kiQ '!hjtifc.ld.M!!Lt itles,-witli, marainaLfeip erTc?sas jerrtal- rcvisnlj-nd-also wit'i refereucii44 thelecisiotisj3ClbeSuprcrrje Court upon their subject, and with a full index.. - In the same volume shall be published the constitution of the United States, and the constitution and bill -of rights of this Stated and the Meck.- 4iold- Ue-samaccrtlr4eete fey-sheriffs tintler process-of law,- RaTtflemtrTJeTemtefrrS3Fp An Act making an appropriation for carrying on and com ' i . ? - tilirin(r thft Hfinilnl ftf this State. - lie it ruaeteifbtf Vie General Js$emb y of the Stale oj Jvinrth Carolina, and if is hertby enacted by Vie uullionty oj the name. That the sum of one hundred and twenty thou sand dollar be, and the same is hereby appropriated for car. rylng ohj completing and furnishing the capitol now betug erected in the city of Raleigh; and the commissioners ap pointed by law are,, hereby authorised, or a majority of them, to draw oo the Public Treasurer of fhls State for siich sums, out -of 4he said appropriationy as. theyrot a jnajodty ofjliem, may require from time to time in the progress of said work; and the warrants of said commissioners shall be a sufficient timhorify to the Treasurer for payment of the sums so re 1 Ratified 10th January, 1837. Art'Act concerninj depositions of person confined in iail. , He it enacted by the General Jssembly tfthe Stale nf Vorlh Carolina, and it ts hereby enacted by the outwit y of the same. That whenever it may m necessary to use the tes timony of any prison 'r wh may be confined in jail, it shall be lawful for the party desiring to useit, to take hU or fief deposition, uuder the same rules and regulations as ate p'rei scrJhejfojthVf Such jjepnitioijM taken mavberread in feVUIei'ce'1n"ihe'abseiic'e of the prisoner confined in jail as aforeiaid; subject, however , to" the same l exceotions as other depositions." 7 ," Ratified 15th January,' 1837. " . ; - the counties of Halifax, Northampton and Martin, on the nrst v riday in Anarust, under the same rules and regulations as re now prescnoea iy law. , - Sec' 2. tie itfnrther enucled. That all laws, and clauses of'aw,b'iom'n wl''m tfie meaining and purview of this actj bejffiid the same are hereby repealed, ' : 7j Skc. 3. . He U-farther meted. That this net shall Le m . ;. Ratified 6th Januasf, 1837 , Z;.; An act conceniius the Public Arms itow in tt Arsenals in. Kaleish and Fayette ville. - i. , He it enacted by the General Assembly of the. State of Mrth Carolina, and it i hereby enacted by the authority if the same. That it shall lie tho duty of the Adjutant General, and he is hereby authorised, to employ some well qualified artisr, at as low price as possible, totepalr the public arms now in the Arsenals at Raleigh and Fayelteville, and to have each Musket and rifle deeply stamped with the letters, X, C. Sec. 2. ' lie tl Junker enacted, I hat when the said arm are so stamped,' and in proper order for service, they shall be deposited by the Adjutant General at the following places ol 1wi-AxJiJj( ijtewij six hundred and thirty Jive rifles, -a , " a 3 5-S s?".-8-! i Surry, Ashe, Cabarrus and Mecklenburg; and one hundred dolph and Montsromcry. ' At I- ayetteville, eiglil hundred uu sixiecn rausu'ef, 10 do uisirioureu, one nunurea ana two io each 6f the counties of Cumberland, Moore, Anson, Rich mond, Robeson, Columbus, Dladen and Sampson. , AOVil mingtonr three hurnlrod and six muskets," o Imndred aud two to each of the counties of New-Hanover, Brunswu k and. Duplin, i. At Kaleiorlu eight hundred and sixieen, muskets. to be distributed, one handled and two to each of the coun ties of Wake, Johnston, Franklin, Orange, IVrsonj,Chathaiii, Rockingham and; aswdf. rAtNewb twelve muskets, to be distributed, oho hundred aud two Id echf of tho - counties of Craven, Carterut, Jones, Lenoir, Way n a ndA wo muskets, to be distributed," one bund red and two to each of Ik tiin.nui.ui vuj, ii, a uuuuicu itnu 1011, n u uimi iiiiuc j, one hundred and two to ca".h of the counties of Camden. Cur- rituckZTi' rreliTasquo taalt iud PqliTmouSi---Ply niottth , six hundred and twjjvnxusMsAQ. M diylrihittcd, Qn.. hutr- dredandtwo, to each of the counties of Washington, Bertie, Hertford, Martin, pates and Chowan. t; At Halifax, five hun dred and ten muskets, to be distributed, one hundred and two to each of the counties rlf Halifax, Nash, Northampton, War ren, Granville. ; And the Adjutant General is hereby author ized to employ, al each of the above depots, an asrent to re ceive and distribute the said arms. " 1 . " 1 : Sec 3. He it further enacted. That the Adjutant Gener al shall forthwith inform the seivrnior Colonel uf several coun ties at what depot the quoti belonging to his, coon'y'maylxi, who shall send for the said arms, and rec"eipt to the Adjutant Geiieraf tlwefor.ThetoloiTel shall deps it e the arms with one or more companies of ins regimeiits, -.and take the Cap tain's ireceipt therefor; and each soldier shall sign the receipt lor his musKei or rine in tne .muster doqk; and the expenses conveying thf arms froni" the derHits shall be paid out of f 3 S3 2.3 S IT 12 f 3 S 3 e S" s'm t. 2 5 S 3 2 - 9 m m ' - - 9 . . a m 7 - 5 5 5 S 5 m -1 O 2. --- " B - tl 35 V - . C s r. w a- at B J n S" 2 a,- a 2 3.3 ?52 ? 2 a 2 T " cr i M 52 2 5- a ' ;c t 4 o o 'i i a f -" i. r- "L m o2.: eS 5 -o 1 m a- Si 2L. r- . J i .. ii - i 1 r 3 ' J , e o -a , , vu o Minn jiiivu uut liuuuiw, wtv wwukuwavwmn , . t,, . li.e.oXlI4h!,uk tech rifles, and thrfo" huH(lrerah(l'six TttttltglirifflSBirtettrtlr- nl'y g;-aa ryyrt b-- uted, one huudre.1 and five rifles to each of the pountiel of -3-5 vi: S ; T? 5' SL 5 " "" " Rowans Wilkes, f)avi, Davidson, Lincoln, Iredell, Stokes, 5:1 ' 3 ; J 5 A ? J - 3 2 i.S'J J 2 sM s-i -T"? o3 rs ! i ?-:; m--S-gS. ,I1!L., L ....L.; , ... ,L , 1 f g i ? s5.a r 2. 3 r ! C" n x W La 2 ? - - a a S. - An Art fO nlltlinrisp Pmirt4 P!millv in flipprt lVi (Mrka Jeiihurg;.decl?jation ;o property " thereof. vThere shall also be published in tho same volume, n , ' sold under decrees of iaid courts the ytiyf t puWwriiatiiire pywedt-ifcwiir&sio teAClutlmg y,T- ,: Bf i( cTic7d by the. General Assembly of the Stale of SEf1().lThef6Watl"b puirshed; in a second .voTume,.. ,m. That in nll borMftpr where anv elerk and tbs eecsndT;tiarterorChartesTh3'. couitv. shall sell anv real-or Personal estate.' in n . ; -- 4 pnewrs oi uus ssiaie.iue u8i V'V '"' V"7iobedicnce to a decreeif j .Court of Equity, and shall Waa- Lords Proprietors; thoi CTrant from George the second to Earl? tj j,y. said decree, to make title to the purchaser or Xranvillfi and the ! following actSi to wit: all the acts relating purchasers for the game, the deed of tho clerk and master to Jhe boundaries of the Stateraifd its several counties; nil of the couri onjerin the sae si,ai be heWr'-deeroed and ta acts ceding th' lands of this Stat to the Genera Govern ment; all acts incorporating banks' and rail road, turnpike and navigation companies, which are now in force and use; all acts relative to the incorporation or to the corporate pow ers -of tha'Trustees of the University; and such other actSj lnowJoJaroe.i not'-repealed.;by-this act, as the superin itendents may in their discretion thin said second volume. i i nTpropeTTdTace iBr"thr ;Stc. 1 1. There shall be published of tho first volnmeof the said Revised Statutes, five, thousand conies; and of the second vilume, one thousand copiesj: the copy right whereof shall fe secured jo inis oiaie oyiuesaiusuperinienaenw; and the expense of preparing, printing", publishing, binding and distributing the t copies, shall be paid by the Public Treas urer, on tho warrant of the Governor, founded on requisitions made from time to time by the said superintendents. 5ec-' le. ; The said copies, when completed, snail oe dis trihuted, under the direction of the Governor, as follows, to wit: to the Library of the Congress 'of the United States, ten copies; to the several States and territories, three copies eacn; to the Library . oi the -university ot worth Carolina, three copies; to the Governor, Treasurer, SecretSi y of State and Comptroller, two copies each, for the use of their respec tive offices; to the State-Library, five copies;, tto the "clerks of both house of the .tJeheial Asseuibly, five copies each, for the use of their respective houses; to the clerk of the Su preme Court, and the qlerks of the several Superior and Coun ty Courts, one conv each, for the u se of the ir respective courts; to the Judges of the Supreme and Superior Courts, one copy eanh; to the members of. the present Geherit Assembly, who hall not be justices of the pe?ce on the first day of January, one thousand eight hundred and thirty eight, one copy dsch; to the justices of tbepeace of the several counties, one copy Mch, olf the first Tolurae only. ; AH the remaining copies tne fines collected in the company or companies receiving the said arras. When any soldier, from age or uny other cause, leaves tho company, he shall hand over the musket or rifle to the Captain; and any person selling a musket or riflft stamp ed as aforesaid, shall be subject to indictment in any couit, and he lined and imprisoned at the discretion ol the court. . ' Skc.1 4:?!i be V further , enacted. That, when any Vol unteer Company which Jias been, or" -may be ineorviiaied, vhall badtiWi1vtd,- the iruskets orjfloshallc delivered o'verfo the Colonel, and by him disposed of as heretofore di rcted. , , , . , . - Sec. - 5. lie it further enncted,- That the expenses of re pairing and stamping the public arms, in pursuance of this act, and also of removing them to the several depots, shall be paid by the Treasure onhe warrant of . the Govf rnqjv:,.. " : ' Ratified 20lh January," 1&37.J ' ken ai co.d and sufficient to eonver to the purchaser or pur chasers such title, ' interest and estate in the real or personal property so sol J, as the party of record owning the sainepeij therein. v,,:. i:, -r'. v - Sec, 2. Be itfnrther enacted. That ibis act sliall be in ogeratioh from and after its passage. - ; v fuauneu-axnu uecemner, iSJorp p An Act to make compensation to tl.e Secretary of State for 1 additional services feqUiredof Dim. - t Whereas, by a resolution of the General Assembly of one thousand eight hundred and thirty-one, the Secretary of State was required to collect the books of tbe State Library and discharge the duty of Librarian; and by an act of the present General Assembly, respecting tho puhlic printing, important additbnal duties are required of him: . ' -' . He it enacted by the General Assembly of the State bf Xorth' Carolina, and it is hereby enacted bu the authority of rue same, i nat the Secretary ol State be allowed the sum ot fifty dollars per annum, for his services as State Librarian, during the terra he has, and may continue to discharge the duties of State Librarian; and the sum of one hundred dol lars every two years, for the services required of him bv the act aforesaid, conceruing tho public printing, W ba paid by the Public Treasurer as an .addition to the salary of tho said Secretary' of State.1 ' ' ' " " ' ' ' ' Ratified 23d January, 1837. An Act ouimendjanjactt entitled jan act concerntugtbc 4It'cUonIof.GvernoandHnmb semb!y)assedinlhe...yeaiLnuftthousaudeigh r ? , ... hundred and thirty-five.- i:-.-t ' ,r lie it enacted by the General Assembly of the ' Slate vf -fl I It ..1... J... U.I ; jl -VI tpri4 v uTiuinti, unu u i iicrniy euacicu vy ihc unino-iig vj the sif,;Tnat each one of the shenfft f the several coun ties' in this Stafefshall hereafter; be entiiled to receive the snm of 4wo dollars for each and every day he may bo neces sarily engaged Sn making tbe returns of elections or Govern or in his or their respective counties,, according to the pm visions of the fourth section of said act, and io travclline to and from he city '.of Raleigh, by thft most usual road from ana io nis resiuenee; . any law to thr contrary , notwitli ijtandin;T. 9 ?.; ..... ; ... ;. ;., (',. ,., - '-;;-;; the counties An Act to alter the time of holding elections in t T': "'' ; f Halifax, Northamnton and Martin. 1 ' Be it enacted by the General Astembty of ttie State of .VorfA Carolina, and it is hereby enacted by the authority of i ujnrt inav me eiecnons lor members or uongress, for Governor, 1or clerks of the Superior and County Courts, e- -1 a -m v rm s, v -, c 1 .5: 1 5 s ? S - e. -I o- 1. -a S is-3 S B ." 5 n - - n m wm J 4 e s v t ! Z!i 3 e c e or 2 2. - 5. ea. 5 Sa -t -! - 5-3 s. a r-f-o 3 : E. 5T 2' 3 o 51 L. r, 3- - C i fl 5 5 5 5 Z, f - - M ELS " r" " -1 b n . , s-l 5 g 3." J . a c-. 0 a ,y - ' a u " IT B e e 5 ..,. -3 " a a S . . o" e j . -a -a 5 as 1 1 'g 1 1 5 f g a a . .M a r n 2 fl a ' 5 n a 3. Bi.o- . -t a- " z. s:3 - 3. a1 - . 2 s c e rr a a a. s. . -5 -a a 5 -Of CUrt a.-,. A. r f TIPS ?3 P 5-C2, 2.- a a a 2.r-a-S aaa aall "Tl mm. 2 ' STiitro J.tfi C a S-2. 3 p 11 a 3 a pis 5 5.. C a . -a c 5 cv, F - a-3 5 5.g-.ffp 511? i . b a a 5 s a .?, !T. - a SE." . K "" sr e o .... St? a- g S5- S or a cr 2 pi I CSi a-ll' a ea H 1 " I'li.yjj, I . 1. ' a -g-w-T- " . s ; - c a c- . B ts a a- , Sec 2. Be it further enacted. That the said compensa tion to the sheriffs shall be ascertained and certified by the Secretary of State; and the same shall be passed as public accounts, and paid by the Treasurer. ' 'Sec. 3. ? Be.it furthef enacted, That this act shall be In force and operation from ' and after 'its ratification." V;.,.. RaUaed-30th January, 1837.)--,, j y. .T. r'; ; firtfo Atatutf. , , JS'-SS PILOTS AND C07I.TIISSI0IVERS OF NAVIGATION. An Act to reduce, into onr, the several acts cuncerning PiluU ' ' 'aniiCommissianrra of Navigation.";"'.'- Be it enacted by the Genetul Assembly of the ' Slate of North Carolina, and it ts hereby mucted by the authority (of ' same. That at the first Court iif Pleas and Quarter ScflKiint to be held fur the county of Nrw Ilaaover, after the fimt day of May annually the juiticet of the said court, a majority being preseut, Khali appoint five discreet person to act at commis sioners nf navigation ami pilotage for Cape Fear river and said comminsioners are authorised and s empowered tu appoint a cUrk. whose daty itthatl be to keep a book and record therein all the orders, rules and proceeJinss of the said board of com- minsioners ;!V;i'.jii! .r.:..- Z'. -i v'j . Sv.o. 2. The laid commissioners shall have authority .in all matters that may concern the navigation of the said river from Negro Head Point downwards, and out of each of the Inlets; and with respect to throwing trash ia the river at the town of Wilmington, and the oonttrvttioo of wharves, shall bavt a n - h a m . m . a a 5 - a - 9-3 T 7 a e. a St ' 4 f-. c cr. - 1 s 3 a B i J 2 i a- a f. a a o -i . n a a a. a 5 sr i a a -U- imi a z a w a B " K . 3 B g 1?I W ! el ?! r n - " c a t o- w -1 r, rj- a. '- 4"i, a 1 3 2.2.? a 2 S J5 5 3 a 1 5 a " e a c , a 5. -i T3 o n o 3 5 A ir.eC S -t 7 - S 2" a a &. A-. e a a 5 hmd O ? B. B . i - a i " a a a a -i a M a a- 2 3.a S 3 5 - 2 5 E.J S a a C 3 2 a !1 o w sr- sr a 2 s. g 3 a c--a c 3 . s 2 - :.I-is,i'-eaa a P w 2. 3. a a c rs-'S's's T . ft- m . -T- . . n m a t - a " -D , - 3--o & 5 a K o 1 a. -in " 5 3 8 H g leg I 2 J ii. ia- E. " ftl - X ? 2 . " 9 a 6 - JXi CliniiiJ tu ntnti fag. . ftii.i;
The North-Carolina Star (Raleigh, N.C.)
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April 5, 1837, edition 1
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