The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-02-28
LAWS OF NORTH CAROLINA.

an Act more efieetually to prevent the inpEison.
uent of honest debtors
& BE u enacted By Ihe General Assemble IF The
Stote Of North Ca,o!ins and il is kersGg rnocfed
by lie authority Of lie same, That hereafter no
eapiGs I'd SatIstGeiehdum shall issue, unless the
palhtif, hls agent or attorney shall make afi;ia
'h' 10 wiring. before the clerk of tho court IN
which sald Judgment may be or the Justice Of the
Peace to whom application is made for such pro
cess, that he believes the defendan, Inns moi nro
porty TO satisfy such Judgment which eapbe reach.
cd by tsyi tscidS, and has property, money or
effects, which cannot be reached by feri facias
or has treuduently concealed his properly. mo.
State.
SEc. II BE IL further enacted, That no sout,
IN this Stale shll permit an issue of fraud 10 be
made up aud tined, under the provisions Of the
aci Tor the relief of nsolvent debtors Rev Stat
chap %, sec. lUth, unless the creditor LIS agent
or attorney, shall file d suggestion, in writing of
such fraud or concealnent, therein specifying tho
4 PARTICULARS OF such fraud concealment, and
shall annex TO tho sud suggestion his affidavit
that no 'euly believes tho matters therein stated
are tue
1 SEC. III, BE il further enacted That when
evci the plaintiff IN any judgment shall be dcsi
Fous Of subjecting the bail Of the defendant in
SUCH judgment to tho payment thereof, snch
painliif SHAH be al liberty 10 proceed ia the FIRST
Instance by seHe tasios All inst such bail, without
having previously ISSUED any eapids dd satistaci
sndRm against ihe deienGeBt but such scirs ia.
c!oS shal! not stand for lria! al the Appearance
term
Ratified Ills second day Of January, l94a
act in favour Of Poor Debtors.
L. Be il enoctsd by he Genera! AssemLig Of
The State Of North Carolina, and IL is herebp en-.
acted by The authority Of Tie same, That in ad.
clifton 10 the property now by law exempted from
execution, thore shall hereafter. in favour Of eve
~ house keeper, be exempted from seizure under
execution, on debts contracted gner tie first day
Of July next, the necessary farming tools for one
lasourer ; owe bed, beds,sad and covering, for ey.
cry two members Of the family two months
provision for the family; four hogs; and oil ne.
cesssry household and kitchen furniture not to
eIcosd Fifty dollars in value
SEC III. BE II enacted, Thai Whenever any
poor debtor shall apply for the benefit Of this aci
1t shall be the duty Of the Justice Of the Poace TO
whom such application shall be made, lie appoint
three respectable frsehoders disintsrssed md an.
connected with the parties, to lay off and assign
10 suca poor debtors ths portion 10 which he is I
entitled under the provisions Of this act, and te |
make report thereof 10 the next Court Of Pleas
and Quarter SessisR for tho county in which
they reside.
SIC Ill BE it further enacted. dc, That all
and every conveyance by sale, decd of trust, or
for the payment OF any dsbt or d..
nand whatsoever, OF tie property hereby e1 emp.
Ied from executions shall be deemed and held
and is hereby declared 10 be null and void and of
no effect.
Ratified this Ind January, 1857
An Act to prevent frauds in lcvying execution.
issued by single Magistrate, aud 10 eucenr !
age and facilitate the practise Of taxi ing sscu I
Tity for tbs forthcoming OF property ssIzod IN.
der execution.
Be il enacted bu The General Asssgab'y of tks
State Of North Carolina, That hereafter when
my execution shal! no levied upon personal chat
els and bond aud security taken for their forth
coming the day OF sale, it shall DO the duty of
he officer making said levy and taking said bond,
@ specify in said bond the property lovied upon,
Ind, moreover, 10 furnish, under his hand and
zeal, to the security, list Of the property levied
1pon attested by Ell least one credible Witness
md stating therein the day Of sale and all tho
propsry so levied upon shall be deemed in the
custody of the security 10 the forth coming bond,
is the baice Of the officer; and all other sxssu.
ions thereafter levied on said property shall Gre.
lie lien on the same from and after the said re.
pcctive levies, and shall be satisfied accordingly
'ut Of the proceeds OF SAID property but said Of
lcsr thereafter Sc levyiHg shall not take the suid
property cut Of the custody of the said security
Of tie forthcoming of the sarna on the day of !
ale proridsd that all such sales shall take place
within thirty days after the said levy; prOriaes, I
Uther. that if such sale shall not he made wthin
he TINS aforesaid, any othsr officer who may
ave levied upon said property may sell tho same.
Ratified the Sth day of January, l645
In Act to prohibit the levying of executions mp !
on growing crops, until said crops natured. :
Be u enacted bg the Gsnsral assembly Of The !
Slate If North Carolina, and Il is hereby enacted
y the authority Of The same, That ii shall not
6 lawful for any Sheriff, coroner, constable or Y
ther officer to eyy an execution on any growing :
reps.
Ratified the 7th day of January, lS45
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