(15 Bumo.-jO."
I P.n,le (tB OB1 ;.
ri i .
I : 2ates of AVlvertisix
i"ne iKiaiire,fln.t Imwtlon..,.;
-Cl tahWMOPnt InipMlnn "
OiMSKjore 4hrec months. ....... . '
' -i u ; "
' i twelve " ...;....
Two three ... '
Ul
60
5
'1
three
tlx
twetre
1 1
00
50
00
10 00
15 00
io on
15 00
25 00
no oo
to 00
150 00
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5 00
; vartw column init.mn.tvi
iUIf eolonn twelre monthiU ...3
Une rohonn twelve montln. ; ...11,,,,
gigni nt$ constitute a iquare. ri
For anixliinriD? a candidate for a count v office, I . . . a. 8
oo work dane with neatnesa and dlpatcb at shbtrt notice, at
pnreacorrepoQdini;irtth the time. T
The cahj mnct InnrrtablT accompany all ordew, either" lor
Wr?rPtA' or dTti'ng ; job work to he paid for on deli Terr
All ron ordering advertlbcmenu are held rei-poni-Me
fortbeaame. j . j ,
r j ' TL0WEEB.
In all arcs of the world,' flowers Lave bi'cn regar
ded as thipgs of beauty, and emblems of; Innocence
nntl virtu.- plany of the finest pocticaliinages n
all.langucsnre drawirfniru them. Gcil alludes
to he liluUbf the field, to'- convince us of His care '
for us. m lie says : "Consider the lilies of: the field,
lo -ir they grow : they toil not. neitlier do thev spin :
and jet I piy unto you thai Solomon, in all hisglo !
rji was nt arraycu iikc one of these. A complete
pdsts of four parts the calys, corolla,
and nistil. The two former life rattier
tmnmental Uian essential, j as a flower, botanicaJly
fqnjiking-tVan consist of stamens and pjstil alone.
t;rucns and pistils are , the essential organs of
( floorer; buJ sometimes there is oily one" of thesd
f pnjsent, the other organ being in another blossom
t on the sane plant, as in the Indian corn,- where the
car is but alf a flower, having for pistils what wef
call the sill , while the tassel is theother half, contain
ing the staneus. Flowers speak a varied "language
and reach Jic heart not only , in its seasons of joy.;
but in its tours of sadness also. ' w hat can be iJ
mere natural association of ideas than that which
makes the Toscbud the emblem of infant loveliness
n full -blon. rose the" type of blooming woman
hood; nmtwhich likens extreme old age to the last
leaf of autumn. It was the custom in ancient times
when a 'General had gained . any great victory to
floorer c
staaiens.
t GEO. D. PEEUTICE TO H0BACE GSEELEY.
! I send thee, Greeley, words of cheerj -
i , Thou bravest, truest, best of men ; ;
! For I have marked thy strong career,
' Aa traced by thy own pen; ' ' !
I I've seen thy struggles with the foes' r . I
! That dared thee to the desperate fight, i .
i And loved to watch thy goodly blows 1
Dealt for the cause thou deem'st the right
I : i i ... t i ; i ' ' - ( -. j'
) Thou'st dared to fctand againsf thie wrong, j
1 When many faltered by thy side ;
j In thy own strength hast dared be strong,
Nor on anothers arm relied. J. i I I
i Thy own bold thoughts tbou'st dared to think,
Thy own great purposes avowed : j
j And none have ever seen thee shrink , v j -
From the fierce surges of the crowd
i - : ' ' ! ' :!. "
1 Thoa. all unaided and alone, j. (if
j Did'st take thy way in life s young; yearJ
i 'With no kind hand clasped in' thyown,
! Tio genui voice: to soome:iny tears.
' But thy high heart no power: could tama
! And thou hast never ceased ,to feel
i Within thy veins a sacred flame i ;.
i . That turned Uiy ij-ori nerved stceL
; - ' ? ' ..-in -tl-:- .iv ' ,
j I know that thou art not exempt
. From all the weaknesses of earth,
! For passion comes to rouse and tempt
The truest souls of mortal birth. -. J ;
! But thou liast well fulfilled thy trust, !
In spite of love ami hope, and fear,!
j And e'en the tempest's thunder-gust ' j
; But clears thy spirit's atmosphere. ' '
-Thou slill art in, thy manhood's prime,f
Still foremost 7mid thy fejlow-mchi
t Though in each year of all thy time 1
j . T.Uou hast compressed threescore and ten.
Oh, my each blessed sympathy, v ;( , .
' IJreathM on thee with a tear and igh,
i A sweet nWer in thy pathwav.be, . a
j A bright star 5a thy clear .bine wkyj 1
PubKc Laws of North Carolina,
. Passed at the Session of 1868-'69J
- . . r ; i;Na 157. V.;
An net conccrnimr the estates of insolvent and im
prisoned debtors.! I1 '
; Passed April 8th; 18C9.J
The General Assemblv of North; Carolina fdo
enact as follows: ') -li
t CHAPTER t
! '
FBOM
PE.OCEED1XO BY DEBTOB TO BE BELIEVED
! : LIABItlTV TO IMPBISOXMEST. I p
Section 1. Petition of debtor.; i r v r
Everv insolvent debtor may present. a petition
in ! the Superior Court, praying that his estate j tday
be assigned for the benefit of all his creditors, and
that his person may thereafter be exempt irom pr
debts previously
, l-l: m ill
From the Sunday KonWcJ
OUR DEAD.
c
1
crown hinf with flowers; thus we find when Alci
biades returned from his exile in triumph,' the mul
titude salijtcil him with wild acclamations, and
crowned him. with garlands. j .
Flowers kre delightful to tvery lover of nature ; a
boquct, orjevcri the simplest blossom, propented by
ft friend, iiltcrcsts the heart How manv pleasant
thoughts a.en wakened by the fresh and tperfumed
Incense which ascends from flowers ? What woman
docs not le flowers ? Yet many regard them mere
ly as beautiful objects, without being aware that
themight! rendered .far more interesting by a
scientific knowledge of the relations and uses of their
various part-. . i .' ' . .1 i
, ' Flowers nfe indeed lovely, but like youth
and lieautj?, they are fading and transient; they
nrcj jUowever, destined for a higher object than a
fihorj; livcd:admiratiou ; for to them is assigned the
important dflice of producing and nourishing the
fmi Like them should "we improve the bloom of
lifejyso thntlwhcn youth and beauty ihall fade
awa), our minds may exhibit that fruit which it is
tho business of youth to nurture and mature,
itoitit, a It.l-u . I 'Hill'
To train for me and too.
Our brothers mnxtered by onr tide ;
i ney marciu-a ana loujrnt and c
For me and you !
Died, for me and yon. ' .
t
avely died
9
Here! here, my own, my. noble brother sleeps
They made Ins grave with soldier hands uixm the
battle-field, already red with cfimsqn human gore.
Where the angry blast, of war had swent alonsr
storm and
in frightful
i
FASHIONABLE WOMEN,
Fashioa kills more women than toil a!nd sorrow
Obedience to fashion is a greater transgression of
the jaws ofj woman's nature a greater injury to her
physical aiil mental constitution than th hardships
of x)vcrty jind neglect. The slave woijian at her
task, will live and grow old, ami sec twj or .three
generation. of her mistresses fade and bass away.
TliW washerwoman, with scarce a ray of hope to
cheer her ni her toils, will live to sec her fushiona
ble suters all extinct The kitchen-maid is hearty
and : strong when, her lad v has to be hqrsed like a
Htli.it fashu
NI K IKII i I
. It is a sad truth ihat fjhion-naniixned women
1 1 , i,
are almost Worthless for all the good cnjls of life
they have wit lit t Id force of .character ;j they have
still less power of pnoral-will. and quite as little
' physical energy. They live for no great purpose in
life; they accomplish no great ends j Ihey are
c tolls, formed in the hands ot. milliners and ser-
- m f r
lress
They
vants, to beidresseil and Jed (to order. . piey
notKHly, they bless nol)ody, and'savenobod3.
write no book, they set no rich example of virtue
and Womarffs life. If they rear childrtjn, sen-ants
and nurses tfo all, save to conceive and j give them
birth. And when reared, what are ithev . Vliat
do thev ever amount to. but weaker scams of the
old stock ? Who ever heard of a fashionable woman
child exhibjting any virtne and power of mind for
which it ever Uacame eminent f Read tlie biogra
Dhics of ouk jrreat men and women. Not one of
them had a fashionable mother. ' Thcyl nearly all
'sprung up (from strong-minded women, who had
about as little to do with fashion as witlithechang
ing of clouds.
r ; t i - -
I t
3Ikn WituorT IlEARTa--A e someiimes meet
with men mfcn who seem to think that jany indul
gence in an jiffectionate feeling is weakness, j They
will return tnm a journey and greet thjeir families
w ith a distant dignity, and move among their chil
dren with tfce cold and lofty splendor of jan iceberg,
surrounded j by its broken i fragments There is
liardly a mdre unnatural sight on earth jhan one of
these: families without a heart A father had bet
ter cxtingui; h a boy's eyes than take away his heart
Who that hits experienced the joys of friendship,
and Values sympathy and affection, fcvould not
rather lose all that is beautiful in natures scenery.
than bo rob&ed of the hidden treasures of the heart ?
Cherish, then, your heart's best affection. Indulge
in thd warniiand gushing emotionsof filiil, paternal,
and fraternal love.
i i 1 -
Tiie J following days of the week were set apart
I
t
for public wjorship in different nations :
Sunday, or Lord's Pay, by Christians.
Monday, by the Grecians, i
Tuesday, jby the Persians. (
Wednesday., by the Assyrians.
Thursday f by the Egyptians.
Friday, bj the Turks. j
. Saturday, thy the Jews. j
The first (hstance of election bribery was as early
as the 13th cf Elizabeth, when one Thomas Longe
gave the ret ftrning officers and . others, pf the bo
rough of "W-jstbury, 4L to be returned member, and
was for that; premium elected.)
In a strait Jietwixt truth and falsehood, decide un
hesitatingly for the truth. Candor is always best
through the bloody field,
fury, and where the dead and dying friend and
loe already strewed tlie neld. J enuerly those men.
ins coniraues. wnn true and loyal Hearts, .prepared
and laid him in his rude ; and shallow: grave, and
just as tenderly replaced the cold, damp earth again
o er iiis pulseless Dreast w Here, here now
in the city of the Iorthj.the city which gave him
birth, where the years of hi3 happy 1 childhood and
early manhood were passed, where all was dear and
familiar to him, here at last, far-away from the
Southern battle-field, we have gathered Jiis mangled
form and laid it down to rest deep in the bosom of
mother eartb, where within his honored grave he
j sleeps his last sleep, a willing raartyrj a ready sacri-f
j fice, on the altar, of his 'country. I On Virginia's
bloody field his lite was yielded up, nobly given
that tne nation still might live. ,We speak histyraise
and of his worth in broken utterances his I gallant
and heroic death has made his 'name 'sacred, and
ever will it livo green in the ;hearts around the
family hearthstone, and on Fame's unsullied page, j
The flowtrs.we placed upoii.his coffin-lid are
scarcely withered yet; the solemn tones 'of the
funeral bell and of the muffled drum (have, but just
swept through the beautiful valley wherewe laid
him down to sleep, and . I 'am! still, standing be-;
wildercdand grief -6trickcn in the valley and shadow;
of death. My brother, noble, young; and true, so
good, so strong, and once so full of life and hope! j
O,; . noble dead our dead all 'honor to their,
memory they who bravely yicldedl tip thcif lives in;
the hour of their country's peril J In the unknown,
grave, deep within the Southern ' wiljlwoodj or in
the beautiful consecrated cemeteries, sacred and
hallowed for that purpose wherever their ashes
lie may the people of this and of nil tdld generations
yet to dawn, cherish and love the qicmory ; of their
country's brate defender and ; honor the little
hillocks beneath where the heroes sleep. . ' '
rest or imprisonment' on account of any judgment
contracted. !t .;' t- ' :V J ;
U O Q.l.lt.l. r. I i A t F
On presenting such petition; every insolvent shall
deliver therewith r. schedule containing! an account
of his creditors and an inventory of his estate; fas
required in the next section ; and shall annex to iis
petition and schedulejhe following affidavit, whibh
mustbevtaken and suDscrioed by mm ; oeiore uie
Clcrk'of the Superior; Court, and must be certified
bv.tuch officer: , fii. -, :'r s -.1 i' .,' - H. j .!
4I, '-. : , do swear (or affirm) that the ac
count of my creditors with the' places, of : their resi
dence, and the, inventory of my estate which are
herewith delivered, are in all respects just and true;
that I have not; at any time.or in any manner, dis
posed of or made over any part of . my estate for fie
f ntnre benefit of mvself or my family, or in order
to defraud anv of nlv creditors: and that! I have nbt
paid, secured to be paid, or in anyway compoundd
with any of my creditors, with a view that they, Or
anr of tbem, should aostain or aesisi irom oppos
ing my discharge. So help me God." v
Sec. 3. Insolvent's schedule, what to contain.
The insoh ent's schedule shall contain; i .
1. A full and true! account of all his ! creditors
with the place of residence of each, it Known, and
the! sum owing to each creditor, whether on written
security, on account or otherwise. , ! i ' 1
2. A full and true inventory of all his estate, rea
andixrsonal, with the incumbrances existing therf-j
on; and all books, vouchers and securities relating
thereto. " . , ! ) v ' .. , I !
'J. A full and true inventory of all property, re41
and personal, claimed by him as exempt ; from sale
under execution. i' i ' f
Sea 4. Order to show cause. ! : ,
On receiving the petition, schedule arid affidavit,
thcJcierk ot the Superior Court shall make an order
.. .... if, r . r , . , L
requiring flu tlie crcciuors ot sucn lnsoiveni io suow
ranse before faid officer, within thirty days after
publication of tue order, why the prayer; of 1 lie pe
titioner should not lie granted. M J
Sec; 5. Notice of order. "'!'! ' J
Notice of the contents of tlie order shall be pub
lished by the Clerk at the Court House, 'and.tliref:
other public places in the county where the applicaj
tiori is made, for four successive Weeks ; or, in lieu
thereof, for three successive weeks in any. newspa
thedis-l
office of the clerk of the superior court and stand
for: trial, as, in othar cases; and the proceeding irf
tne superior court shall be as prescribed in section;
eight (W) of this act , f
Sec. 16. When no fraud is suggested.
If no creditor suggests fraud i or i oppose
charge of the debtor,: the justice of jlhe peace, of the1
clerk of the superior court before whom the oeti-!
tion is heard, shall forthwith discharge the debtor, 4victton
ana, it ne surrender any estate for the benefit of his
creditors, shall appoint a trustee !of such 1 estate.
The order of discharge and appointment ' shall be
entered in the docket of the court, Jand if granted
by a justice of the peace, a copy thereof ; shall .be
certified by him to the clerk of the j superior court,
where the same shall be recorded and filed. v I !.
Sec 17. Debtor may give bond for his appearance.
Every debtor entitled to the provisions of this
chapter may, at the time of filing nis application; tor
a discharge, or at any time afterwards; tender to
the sheriff or other officer having his1 body in charge.
a bond, with sufficient surety; in double the amount
of the sum due any creditor, or creditors, at whose
suit he was taken or charged conditioned for the
appearance of such debtor before, the: court, vf here
. . . ? m. A 1 1 T ll -. A ' J 4
.ins pcuuoo i u iu, ui uie . jiearmg fuercox,ttU(i vo
debtor, or by hiihvrfe, or any of Ids relatives for ment may b given that he be emored from office-'
the appointmenti of a trustee, to take charge of the lor that be be. aiiniJirWi t hAw - Jn
oof a to nf fiimli HAhtAv " - 1 - I a i . . .
..-y .-4 ; , r Vt "lunaertnisKtate. tor both-hut
IThe application must be made tothe supenor Sea 13. Officers susnenrW hv rJn.,
court of the coutity where the debtor was convicted J Every officer impeached shall be tusnended fmm
w. iiu,iv w a.tnjtu..jLi ..!.,-!. I i;ach.im; ui Ilia UUiCc UUU1 hiS &CO tli tAl
-Upon producing a copy of the sentence of con- Sec. 14. Impeachment of President lof the ' Senate
ctton of such debtor, duly certified by, the clerk If the President of the H-naf tU i-! ntr
VI MM WeCbUCa H1LU All lUUUaila Ul liUC HU" I UL.D U1C1CUI M1HI I imrTWniflTO V TAA ffaawa V
i: : I i v. tt . V. ,,cu "J Otn
put"" tMaBuiypuwriaci.aiijr iuipnuiicu uuuer i otc oy, me xiuuse oi iepresentatlves' in order that
sutu iscuicin-c, auu io mucwtias iubuj uxu wiiaicrer, ciiiuiucr resident may DC Cnosen
the clerk of ;the ciourt or the Judge thereof mar lm- Sea 15. Indictment after conviction'
mediately appoint
debtor.
Sec. 36. J)uty o
Every trustee
pay the debts of
ner directed In
paying such deb
a trustee of tl
rustee. i ' '
e estate of such
ito
nder this chapter Is required
le imprisoned debtor in the man
mpter five of this act: and after
the trustee shall anol v the sumlus
from fime to time to the support of the I wife and
children of such webtdr, under the direction of ithe
smerior!Court;vatijd wherieTer any sach imprisoned
debtor is lawf ullyldischarged from his imprisonment
jhe trustee so appointed 'shall deliver up to him all
the estate,, real and personal, of such debtor 'after
be liable , to im-
! -,'. i ..; ,i .
hla official
stand to and abide by the: final order or- decree of Retaining 'atsuffleent iiumto' satisfy the e
the court in the ease. If . such bond be satisfactory
to tue sheriff, he shall forthwith release such debtor
from custody. I ' j
Sec. j 18.i In case of sickness or death.
Whenever it appears to the court that any debtor.
who may have given bond for his appearance under
this chapter, is prevented from attending court by
sickness or other sufficient cause, th case shall be
continued another day, or to next term, when the
same proceedings shall be had as if the debtor Jiad
appeared according to the condition, of., his bond ;
and, in tlie event of his death in the j meantime,, his
Sec. 19. Order of discharge terms and effect, i j :
f 5 V- V --fs" ; tu , V'u. representatives ovfe
otherwise, shall be in! like terms and have like effect
as prescribed in section nine'(9) of ft he preceding
chapter except that the body of such d.ebtor shall
be free from arrest or imprisonment -at. the suit of
everv creditor, and as to .him oniv. to Lwhom tlie
notice required in section fourteen (14) may have
been given; and the notices, or copies thereof, shall
in all cases be filed in the office of thcl superior court
menses
ncurred In 'the execution of tho trust and lawful
faimmissinrm thrfnT !!
V
CHAPTER V.
eijeral provisions respecting trustee under this act,
I Sec; 87, General pbwer ?nd duty. ! r
Any trustee ao&ointed under the nrovisiona of
the ipreeceding ichapterof this act, in the sevenil
ases therein contemplated, is T hereby declared a
trustee of the estate of the debtor,, in respect 150
whose propen v such trustee ir appointed.- for the
benefit of crf3ditor?, and is investedjfrom the time
of appointment, with all the powerss and aulhoritie.4.
nd suDject to the control, obligations and" respon-
Dy jawinreiauon. to personal
the estate of deceased persons :
be paid by the trustee J pro rata
xivery person convicted, on Imnearhmpnt ehoTi
nevertheless, be liable to indictment and punish'
ment according to law; :, ' 1 , , , r 1 r .
Sec 10. For what offences officers liable to to im.
Seaeuea. i . hi .
very officer Id 'this State shall
peach ment for ;i 1. I
i;i Corruption or other mtscdnduc
capacity: r : y . t-
2;; Habitual drunkenness.
3.; intoxication while emraped in
his office.'! i t : -. . , j-
4. Drunkenness :ih anr public place. :!.''' "
6. Mental or physical incomnetn tn -Harhr
the duties of his office. , .1 I T . , , , .
6. ' Any criminal matter, the conviction trhr
would Jend to bring his office into public contempts
Sec. 17.1 When act to havaeffecti ' I 1 ' . . 1
1 inis act snau nave eitect from thtfdatii nf t rt
incation. - .1 . I
1
the exercise of
ttut all debts shal
equally.! w j '
Sea 38. Where re
11 Such trustee slia
afacounts audited a
rns made and accounts settled.
make his returns and have his
d settled in the court of Probate
of the county, ,wiere the proceeding was had, in
Sloep warrior, sleep, for thiuc la the Tlctory,'
1 or inee me ianrt-i wreath 1 - ,
, Nicely Cacoht. At a masked f fisherman's Jball
in New Orleans, a gay and handsome uian, who had?
refused to take his wife to uke ball ori' the plea of I
business, was;much struck by a stranger, a lady in a
mask. , tin ner lie exerted all fascination.
"Oh, sir, you quite put me out wfth'your flattery.
I suspect you are a married man," said the lady.
"No, indeed : but I confess a willingness to get
married since I have had the pleasure' of seeing
you," was the gallant reply. . "' H' 1 ; :
"Indeetl ! but you havn't seerr'niy face' yet !"
"No, but I know it is benutifuhii The exquisite
grace accompanies every thiiigou do and say tell
me as much." t ?
"Indeed f t; -f. Kji :;.'' ;;!'". .
"It is true. Until I met you to-night, women have
looked to me homely and common place."
"Oh, you are jesting." 51 ' j i
'Indeed, l am not" i.: I I : ! I
f "And you never loved any one ;tefore ?" 1
"Never ! Your sex appeared to me always deceit
ful, and my heart refused them all sympathy, but
for you I feel a passionate attraction. that I have no
power or inclination to resist' '! ;i : ; '
"Can this be true f" - . j H I ' ' f
'"It is, indeed." J : ' j :- '
"And you wish to see my face ?" i t ! i ,!
"I am mad with impatience, since lit will be the
only face my heart will ever miror. 5 : It.Iias upon it
no nvai impression." H
'iou are so persuasive I can no longer deny the
tWIVllaffA 1I Allil 4thM VMMfl 1 ' 1
It was his wilOr ! I ! ! . .- ;:
"The devil P said the discomfited Benedict in
dnlrinf?in a nrolonc-pd -whisllA i -i ii- 4 ii
"Oh,a no, my dear, only the: face that has no rival
impression on your heart F ' s ', ' H 1
"bay, Jlary, Jet's call it square and go home."
"l tinnK we d oeiter." f ;:JUf i
And they went 1 : I s I
f , ;r.--f
perjpublished in said county, or in an adjoining
county. "... 'V . ;. ' , j : . ' j- ;
Seci 6. Summary proceeding before Clerk. '
If no creditor oppose the discharge of the insolt
vent, the Clerk of the Superior Court, before whoni
the hearing of the petitioner is haHi shall i enter ari
order of discharge, and appoint a trustee of all the
estale of such insolvent i '1 -
Sec.! 7. Creditor may. suggeslix aud. I i
Every creditor opposing the discharge ot tne in
solvent mav suggest fraud and set forth tne particu
lars thereof in writing; yerified by his oath ; but th
insolvent shall not be compelled to answer the sug-f
gestions of fraud in more than one case, though as
many creditors as choose may makeithemselves par
ties to the issues in such cases. ' ; I
Sec.1 8. Proceeding where fraud is suggested.
In every case where an issne of fraud is made upi
the hsxse shall be entered in the trial docket of thej
Superior Court: and stand for trial as other causes i
and upon a finding by: the jury in favor of the pe-
titioner, the Judge shall enter the order and maKef
the appointment directed in section six. j i : . I
Sec. D. Order of discharge, its terms and effect 1
The order of discharge shall declare that the!
person of such insolvent shall forpver thereafter bef
exempted from arrest or imprisonment op account
of any judgment, or bf reason of any debt due atf
the time of such order, or contracted for before that?
time though payable afterwards.; But no debt, de-j
mand. iudement or decree against any insolvent,!
discharged under this- chapter, shall; be affected ori
impaircu uy sucu uisuuuiu; uu me mtmc sun ic-
Uiaill YaJIU HUU CiieuiU. Uiiaiiiai. an Hit; lfiwlfciij .
such insolvent acquired after his discharge and the
appointment of a trustee; and the hen of any judg
ment or decree upon the property oil sucu insoiveiu
. IT J 1 - Jl " .
shall not be in any manner anecica oy sucn qis
charge. '
there is any
shall be that
and fair, dis-
property, or
clerk. - ; - j ' ; :
Sec, 20. Judgment Ion fraud found.
I i Ifl on this trial, the jury find that
fraud or concealment, the judgment
j the; debtor be imprisoned until a full
closure on account of all the moneyj
effects be made by the debtor, y i
SecUSl. Proceeding after issue.' I
f i After an issue of fraud or "concealment . is made
up,! the debtor shall not discharge himself, as. q
the;creditors in that issue, except by fraud and ver
dict in the same, or by a discharge byj consent, j
Sect !22. Surrender by principal; - :! : ;
i The surety; in any bond, conditioned for the ap
pearance of any persoii under this .Chapter, may
surrender the principal, or such principal may sur
render himself, in discharge of thej bond, to the
sheriff or other officer of any court 'Where such
principal is bound to appear, in the j manner pro
vided in the Code of Civil Procedure, title IX,
chapter one (1) section one hundred and fifty-eight.
rr n i , e -i . 1 i .
oec j;d. ueDior swetinug laiseiy ; penauy. -,
1 If any insolvent or 1 imprisoned debtor take any
oath prescribed in this act, falsely and corruptly,
and upon indictment of perjury beeonyicted thereof,
he shall suffer all the pains of wilful f perjury, and
he shall never have any or the Denentso; tnis act,
but inay be sued and imprisoneed as though he had
never been discharged. v ; J ! . t
EHni 4. Creditor liable fOr xrisonrcCT-7trrcerta!it
i cases. -. , " ' ; -1 1 j ; ; . i. i i, .' ' C- J : l : j-.
When any debtor is actually confined within the
walls of a prison, on an order of arrest In default
of bail or otherwise, the jjailor"mustifurnisliihim
! witll hecessary food during his confinement, if the
prisoner require it, for which the jailor shall have
the same fees as for; keeping other j prisoners. If
the debtor be unable j to 'discharger such, fees, the.
iailor may recover them from the party at - whose
instance the deotor was; connnear adu wneu mo
dpbtnr has remained; in 1 iail fori twenty days, the
tfip sbpriff or iailor mav give notice thereof to the
TilaintifT. his assent or attornerl and! demand se
curitv of him for the prison fees that accrue after
'such notice, and if the Jtfaintiff j fail to give such
securitv. then the sheriff may discharge " thenuebtor
out bf custody. . . . I :
Rnc. 25.. Who ma V take prison bounds. '
i A nv iinnrisoned debtor mav take the benefit of
thftnrison bounds bv giving such security, as re
quired by law, except as follows j
1. A debtor against whom an issue
found.
like manner as pro
Sec. 39. An oath.,
J Before proceedi
such trustee shall t;
and trulv to execut
sill and understan
with the clerk of tb
ded for personal represen tati v
his" duty.
ike and subscribe oni oath; well
his trust according to his best
ling ; which oath must be filed
! superior court ' Ml i 1 J
See. 40. Morel than! one person may be trustee.) i 'r!
jfThe court shall have power, when deemed necesl
sasry.ito appoint more! than one! person trusted
under, any, of jtbj provisions of this net; but
irt reference to th$. rights, authorities and duties
conferred kerein, all such trustees shall be- deemed
one person in law. j I - i
oec. : 4i. in case ior faisaoiniy.
dn case of the death, removal, resignation or dis
ability ot a trustee, the court; making .the appointi
ment,!may, from time totime. supplv the vacancvd
ana an proceeainga piay oe continued by, the sue
in
cessoij in ollice,
instance. .,
SekJ. 42. Repeal
Chapter fifty-nine1
The Genera
'follows
act as 'foil
'.
Section 1.
This act shall tak
Ratified thd 10th
like
(59)
manner as in the
of
I
the Revised Code, and
first
alt laws in conflict ivitli this act are repealed.
oc. 43. w nen to take effect
effect from its ratification.
lay of April, A- D., 18G9.
I-
uU
r the"
of fraud is
1 2. Anv debtor who. for other cause,
to be imprisoned until he make a full and
closure or account of his property.
is adjudged
fay dis
CHAPTER II.
Proceeding by debtor, arrested or imprisoned in ex
' 1 ! . 1 .1 . I 1 X ,
ccuuon in civil causes io ue uiscuu rgeu iiuui bucii
-arrest or imprisoh ment ; ; j j,
Section 10. Who! entitled to benefit of this chapter.
The following persons are entitled to the benefit
j of this chapter: i j I !. i "
1 t- : i.J i,. , i -r
1. 4iiVery person uiivciujj. uiaigcuuu mjj uiucrui
arrest for default of bail, or on surrender of bail in
any action. :.- , . -i 1 j . 1 j
2. Every person takoh or charged m execution of
arrest for any debt or damages rendered in! any ac
tion .whatever. ! i j j, . j- j " , -Sec.
. Where application to be made. I "
Every person taken or charged as n the; preced
ing section specified, niajjr, at any time after his ar
rest or imprisonment, petition the Court frorn which
the process issued on which he is arrested: or im
prisoned, for his discharge therefrom, on his com
pliance with the provisions of this chapter.
Sec. 12. Nature of application. I 1 ( . i j f
- The petition shall set forth the cause of imprison
ment, with the writ or! process and complaint On
. . i r J .,i J .11 l .
Zuiunl'of. .Tb'SS Mc: nor dispensed with in the discretion; of any
and personal, and of all charges affecting such es- F w,, , .,.! nr;,mrr I I
RThe Clerk of the Superior pourt,! or justice of the
i Peace,1 oerore wnomsucn peuiion is prcsenieu, snan
forthwith issue a warrant to ; the Sheriff, or keeper
of the prison, requiring him to bring the prisoner
before the court, at the time and place named, for
the hearing of th case, which warrant! every such
sheriff or keeper shall obey. . 1 j j ";
SSec 20. Proceeding before court : j - r
j ! At the hearing of the petition, if such prisoner
have no visible estate, and i take and subscribe the
ioath or affirmation, prescribed m the, next section,
khe clerk of the superior court, or iustice of the
feeace before whom he is brought, shall administer
Baid oath or affirmation to him. ana discharge mm
jfrom,- imprisonment; of I which an t en try' shall be
made in the docket of the court, and. where the
broceeding be before a justice of the peace, the jus
tice shall return the petition and orders thereon into
the office of the clerk of the superior court to be
filed. J ' ;.m i.irUmi Jlh r:"K . :', Lt
ec 32, Who may suggest fraud. J I ,
The chairman of the of the Board of Commis-
- 4f m A 1 -AT
loners, and every omcer luieresieq m i me iee om
CHAPTER III.
Proceeding by party committed in cases of bastardy;
i l or 'for fine and costs in. criminal actions, to De
j discharged from imprisonment
Sec 26. Who entitled to be discharged under this
j chapter. -t ' '1": ' o : .1 . .! 1.- '- ''J
! The following persons may be discharged from
imprisonment upon complying with the provisions
of this chapter : - , y. . .
! 11. Every putative fatherij of a bastardcommitted
for a failure to give bond, or to pay any sum on
monev ordered to be paid for its3naintenance.
! 2. Every person committed for the fine and costs
of any criminal prosecution.
Sec. 27. Application to be made, how.
I Every such person having remained in prison for
sixty! days, maivappiy Dy peuuon io uie toun,
w-hprp the iudment against him was entered prayr
ino- to be brought before such Court at a time and
petition, and to be dis
path.i hereinafter i pre-
named
in
taking
the
the
,Barrett's Cats. Yhe anecdotes of the two cats.
which has been told of many learned men. origina
ted with the painter Barrett j His only pets were a
cat and a kitten, its progeny. : A friend, seeing two
JJioles in the bottom of his door, asked him for with
J .1 .1 T . . ! J 4
urpubc ne uiaue uieui inure, ixxirreittuuu it was
for his cats to go in and out :
"Why," replied his friend! "would not one do
for both?" . ! , ? !" ' j: ; ; '! i
"You silly- man." answered the doctor, f how
could the big cat get into the little hole ?" rt
; "But," said his friend, t'cou Id not the little one
go througL the big hole f i
: "Egad," said Barrett," "so she could ; but I never
thought of that" ' -..
,i . . : , : - . r-
Josh Billings says : "If I. Was in the habit of
swearing, I woula'nt hesitate to cuss a bed-bug
right to nis face." : ! '
; .Appear rather too liberal than too economical,
but never lavish. Economize in little things. Learn
sclf-deniat i .i ; '
tate, as they exist at the, time of : filing his petition,
together with all deeds, securities, books or writings
whatsoever relating to the estate and the charges
thereon; and also what property, real and personal,
the petitioner claims as exempt from sale under ex
ecution. , .; j
place to be
charged upon
scribed.
See, 281 Notice to be served.
t (The applicant, shall cause ten ; days of the time
and place of filing the petijtion to be served on the
Sheriff orjother officer, by whom he was committed,
which notice shall, in no case, be waivied by such
at
Sec. 13. Oatlu
. Ihe petition snail nave annexed to it an oath or
affirmation, subscribed by the petitioner and taken
before any person authorized by law (to administer
oaths: to the effect following : . f ,
"I, L .. . . the within named petitioner,
do swear (or affirm) that the within! petition and
account of my estate, and of the charges'; thereon,
are, in all respects, just and true; and that I have
not at any time or in any manner, disposed "of or
made over any part of my property, vfith a view to
the future benefit of myself or my, faniily, or with
an intent to injure or defraud any of toy creditors.
So help me God." i
Sec. 14. Notice to be served. 1
Twenty days notice of the . time and 'place
which the petition will be filed, together jwith a
copy of such petition .and the account annexed
thereto, shall be personally served by I such debtor
on the creditor or creditors at whose suit he is ar
rested or imprisoned, and such other, creditors as
the debtor may choose, or their personal representa-
tirM rt off Amotra nnrl if tliA nprenn fri TkA TotiTitw1
reside out of the State, and haveno agent or at
torney therein, the notice may. be served on the
officer having the claim to collect, br by two weekly
publications in any newspaper in the State. j
Sec. 15. Suggestion of fraud. .A ! i ' if
Every creditor upon whom the notice directed in
the preceding section is served, may suggest fraud
upon the hearing of the , petition, as prescribed in
section s even 7) of this act ; and if the case be in
a court of a justice of the; peace, the issue made up,
respecting the , fraud, shall b returned into the
Section 1. Tri
The Court f
tha Senate.
Sec. 2. Quorum
A majority qf the
,a quorum., ik.
eq.?-o. JiiXhioitions
All impeach ihents;
No 156 f
Proceedings of impeacjnricnt.
Assembly of North Carolina' do en-
CHAPTER . j
I Court of Impeachment j ;
trial of Impeachment sha
1 be
1-
hers shall be necessarv to
f Articles.! . y N "
ust be delivered bv the House
of Representatives " jtfcr; the presiding officer of the
Seriate, who shall, thereupon; j cause proclamation
to.lfe tnade in the following words, viz: AH per
sons are commanded to keep silence on pain of j im
prisonment, whiievthe House ; of Representatives is
exjijibiting to the Senate of North Carolina articles
of impeachment against 1 ; . .- After which
the articles shall be
iugofi1cer.of the Se
Representative tha
order ori the subject
notice snan oe give;
Sec; 4.? Powers of I
The Senate, as a'
chibited, and then the presid-
tte shall inform the House of
the! Senate will tike proper
impeachment, of which due
to the House of Representa-
Court.'
lurt, shall
have power to com-
Ratifled the 10th day of ApriL A. D. 1609. ' 'f 1
i 1 J -. ' -7 -i . . : !
r--rNo.'--i60.i.lV:.-!i : ' ' M,'i. ' V
An act providing for a board of public 'charities,.
" ' tPafewd April 7tK, I8C9 f
Section 1. The General Assemblv of North' Caro
lina do enact That the General Assemblr shall. itn :
mediately on the ratification of this act proceed' bv
concurrent vote to select five electoni wb shall bo'
s t vied. The Board of Public ChuritirMinf ihHtt
of North Carolina,! One of thcl 'persons so elected
shall hold office for one ycarfono for two year;
one for three years : one for fotrf years, and one for
five years; Uie tcrm.to begin from th first of July,
1869.) Appointments to fill vacancies in this board.
caused by resignation' ior,teniovalfrom the State, ,
death, or from any other cause, may be made for
the residue of such term by. the Governor. .1.
Sec. 2.1 The board of. pubDcr 'charities ahall bold
regular meetings on the first Tuesdavs in January, -
April, July and October,, and as often besides as
they imav deem needful Thevi shall makn t snrh ".
rules and orders for the regulations' of thfclr 'own !
procqedings as they may deem propir. " ' They shall :
investigate an4;, supervise tbe whole system of-the
onan table and penal institutions oi the State, and
shall jfeccommend such changes and Additional pro
visions as they may deem needful fot" their econom
ical and efficient administration,! arid no changes
shall be niade in the management of) any of the in
stitutions witboat the advice or Consent of the
board. They shall receive no compensation for!4
their services except their traveling expenses, Vfhich '
shall be allowed and paid. ; j j . f
. "Sec.' 3. The general condition of the State t9 ef I j
fected by crimes, vagrancy and pauperism, ' shall M
also come under the view of the boarrd, and it shall1 j
be- their duty to report to the ' General ! Assembly
when, in theirjudgment it may become needful for j
the erection of the several reformatdry institutions, , j
whose organization is provided for bxArtlcIe eleven j
of the constitution. ;4- i- s ) r i -.t ;
; Sec. 4. (The board shall also give special attention
to the causes of insanity,: defect or las" of the sev- ! S
eral senses, idiocy and the deformity and infirmity !
of ; the phrsicaf rga nidation. ,,Thy shall, bea.de
their own observation, avail themselves, of corres- 1 !
pondenceahd exchange of f Arfo nf Hia UWa nf
others in these departments, and thus be able to ,!
afford the General Assemblv data U guide them In
future legislation for the amelioration of the-oon. . 1
dition of the neonle. as well a. tn rJnfrihutfl m oni
liehten Public opinion and direct I it! to lnterpsta m
vuai io me prospcniy oi lue estate. i i i i
oea o. rersonai , visits may bo required by the . '
board, of one, or more of Its mcmbers.'or others " l?
wise, to make careful; ipvestigation iintotho condl- . j
tion of the several county jails and almshouses, .
and the treatment of Itbeir unfortunate inmates, and
report on these points), so that the provisions of sec-
non six, article eievcnoi uie consmution maybe v
eniorceu. t . -. r !
Sect Q. Whenever the board shall have reason to
believe that any insane person, not incurable, is de j
prived df proper remedial treatment, hnd is contlned
in any alms house or other place, whether such in
sane person in a pubhccharge or othen'ise, it shall
be the duty of said board to cause I such, insane per
son td bo conveyed tc the State Asylum, there to
receive the Ik st medical attention. So, also, it shall
be their tare that all the unfortunate 6hall partici
pate inthe charities of i the State., j
Secj 7. Iho board tnay require; the Suocriaten
pel the attendance1 on parties arid witnesses,' to en- j dent, &c, 6f the several charitable and penal lost!
1 have
force obedience to its orders. I mandates, writs, pre
cept$fidjudgmehtg j to preserye order, to punish,
in a summary way, contempts of' its authoritv, or
ders mandates, writs, precepts or judgments ; to ad
journ from lime to i time, and to make all lawful
rules ahd Jegulatidns which it! inav deem esflentinl
or conoucuve lit ine tams oi jusuce. ,
Sec. 5. ! Powers of the Presiding Officer. ,
Thief presiding, officer of. the Senate sha!
poweri i i 'I I .!-.. ! '
i; Tp direct all necessary preparations in the Sen
ate Chamber j ! j j ', ; s Ur . ',. : i
2. To make and issne bv hlmaelf nr hv tl CIptIt
of thenate all orders, mandates, writs' and pre-
qepisnuiuonzea oy ia iv, or oy j the JSenate : r i
3. TlP direct all the forms of procedure during
the trial not; otherwise specially provided for. j ;.
f 41 Tb decide. I the first instance, without .a dms-
ion, all questions of evidence and incidental ques
tions j put: the same shall, on demand of one fifth of
the members present.1 be decided bvveas and navs
Sec. 4lWheh Chief Justice to preside.' - j - ( i
triaqu luvuiuuuf vi uia oiaie,.or ijieuienani
t the powers 1 and duties of
lave devolved,- ia impeached,
e Supreme Court shall pre-
uinng the Chief Justice to
iVen him; by. order of the
place fixed for" the consid-
quest j attend; and jtjie Chief Justice shall pre
side oyer the Senate j during the consideration of
said articles, and upon the; trial of the person Inii
peached therein.f But the Chief Justice shall not
vote oh "any question ! during j the trial, ; and shall
pronoynce decision only as the organ of the Senate
-j a. .pa; f.
the accused to appear and
Governor,! upon ,whb:
the ofpee of Gdvernor
the Chief Justice of t
side i land in case ri
nrnsidlf. notiCR Shall b(
Senate, of the .time ai
-a I i
erauon oi ine articles
with its assent 1 v
Sec- 7. Process' against
answer.
TheSenafe, npon th
. - . i Mr .1 'a : !
taxed against such prisoner, may oppose his taking
the oath prescribed in ' the j preceding section ; and
file the particulars of j his suggestion , in writing ;
when the same shall be returned to, and stand for
trial in the snperior court as prescribed in'the pre-
cedingchapter. in other cases of fraud or conceal-
inent -;: k ;
CHAPTER IV. ?
Proceeding for appointment of trustees over the es
tate of any debtor confined for crime.
Sec. 33. "When and by whom application to be madeCl
F -rm " .1 i i:J 2 I I .1 - 1
i ;) neneyer any aeoior is nuprisoiieu . iu mr peni
tentiarv for any term whatever, or in a xounty jail
for any term more than twelve months, application
bv petition may he made py any creditor ,ot the
Dresentation bf . nrtiila nf
impeadhmenfand its organization aa a Court shall
forthwith cause the person impeached to aniwar find
i , 1 (-!! j .... . Ft
auswcE iik; .arvicaes exmuiiea euner : in person or
by attorney i he shall
impeachment and havie
the sanie. i luA- VJ
Sec. 8jiAcCused entitle
! ! The person accused i
impeachment, to the ni
Sec. 9.iWhat jdone wlie
ft Whei issue is joined
ment, the Court shall ifl
trial thereof.: 4 ; -m
Sea 10 Oath of members. I jl
At th time ana place appointed. , and befor&t
entitled I to a copy of the
reasonable time to answer
1i'I,i...T..: if.-..: f . v. V
toCounseL I . :h . .
entitled, bni the trial of t
of,; counsel; i v p,
issue is joined. V ) r ,
ni inn inai o an. impeach-;
a iime ana place for the
tutions of the State td report to them of anv matter
relating to. its inmates ; their mannerj .of Ingtrujctton
and treatment,' with structure of the!? buildings, and
to furnish them any desired : statistics at their coni
mandi .. i . j- ; . .' . f i," ; . . : ,
! See S. The board of Public Cbaritfes-Tjiall an
nually prepare and submit to the General Assembly
a complete and full report of their doings during
the preceding year, showing the actual condition of
all the State institutions under, their control, with
such suggestions as they may deem necessary and
jpertinient, which they shall print j , f .'
Sea 9. This board shall make a special report to
the General Assemblyof eighteen hundred and sev
enty on the cause of crimes,5 pauperism; &6. 1 "
Sec; 10. This act shall be in force from and after
ts ratification, r II. i j I , '
Rat ified the 10th day of April, ir1?. 1869. (,
I No. 161.1 I ' !-!.!":
An act to add another section; to be; marked section
460d, to Chapter .VII, Tille XIXi bf the Code of
Civil procedure. 1 ' -f j " ; i ' " i
-; n;j (Passed April 0th,,18(jl " . I ,12- !
Section 1. The General Assembly of, North. Caro-
ina do enect. inai the following aectuin. to bar
marked section iCOaV be added to Chapter Yll.jTi'le'
XIX, ot the Code of Civil Procedure, to-wit ; :
I 460a.) When personXentitled ( to administration
Tvdeenjied to have renounced : ..! . r. -;...
I If any person, en titled to letters ;jof administra
tion, fails or refuses to apply for 6uch letters within
thirty days after Hie deathof 1 the1 intestate, the
J udge bf Probate, on application pi; j any, party In
tierested, shall issue a citation to such -ptrson to
show cause; within twenty days after service of th
citation, why he should not be deemed to .have re
nounced V Ift within the time named in the citation, 1
he neglects to answer or to show cause, he shall, bo
deemed to have renounced his right, to administer, .
and the Judge of Probate must enter an, order ac
cordingly, and proceed to grant lettersxto somo .
other person, -i : 1 j . : ;l- :' . i-'
) Sec. 5. That this act shall take effect from and
after its ratification.; 1 I ; 1 ' K V!
Ratified the 12th day of April, A D. 1869. ! j
-e An act
led an act to
the TOmmemment ofj the trial, the presiding officer ratification, 4
of thfi Hpnafp shall '1min;o'. . ", t . !. .
I . fNo. '170.1 :
supplemental to an act en til
': . t raise revenue, .'ill " ." ,' ' i ::
Section i; TheGcneral Assembly of Iorth Caro
lina do enact, That wherever the words Clerk of
the county! commissioners occurs In section four.
ofScheduIe C, the words "Clerk of the, superior
court" be substituted therefor. - -1 . . 1
Sec. 2. That this act shall go into effect after its
01 tne qenate snan ;administer to eah .member of
tue ixnxn then !preseiit, and to-6ther members as
thej; appear, an oath or affirmation ; truly and im
partially to try and determine the charge in question,
under the Constitution and laws,! according to the
evidence No member of the Court shall sit or give
his voteltrbo-rthc trial, until he shall have taken
suchcthoraffirniation.i . : : 1 ; . J ';
Sea 11 jTwo thirds required to convict I
l b No person shall bo convicted ohin Impeachment
nTno .1j.L- L iLill. 2 11.. 0.-
il
Ratified this 10th day of, April, A D 1869.
. : ... .. .4 ?,.- rs 1
... . No. 255.1
1
An act authorizing the commissioners of Polk coud'
j ty to levy a special tajejs ' I
Section if TheGeneral Assembly of North Caro
lina do enact. That the commissioners of Polk coun
ty be authorized to levy a special tax Of twelve hun
dred dollars, annually, for three years, to defray
the expenses pf said county, by submitting it to
r
'I
f
1
X
Is
!
WllllOUt thp. crtrtrrtrrtt-hni' )nf txen Ihinla; nf fhp Nin!i. Ihe nna ifipd vnwrs nf swrt rnnTttv 1 ' r i.
I
lore present, . -ji- .-.lit j ; '. '.:--.,' Sec 2. This act shall be in force from Its.ratifl-.
ec.l2rJudgment upon conviction. r i tion. ' ' " " f T ; 5 ' r- i
Upon a conviction of ffte person iinpeched, judg- -Ratified tho l$th day of April, Aj D. 18C9. -H
:;::i::;;:;.'v:;;; . ;.il!r, :i:-M. ; :f:-. "; ilf- . ; ;; i;; , v ::
t
r
L f
1