Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-09-12
WAKE COUNTY COURT.

| We are under obligations to legal friend for the
following abstract of decisions at the late term of
I Wake County Court, by Hon. G. E. Badger: ~
| s...... -.- . For the Standard.
abstract Of Decisions efthe Comfy Court Of Wake,
! august, 1855. Hon. GEO. E. BADGER, presiding.
l. Wee and observation-disclosures magistrate
hears Protane language, he is authorized to fine the
offender twenty five cents for each oath curse;
and it makes difference that the Justice is at
the time in the execution of his Office. From his
decision adjudging the fine there lies appeal
Appeals are granable under the statute where there
are parties only, and there are no "parties " to
such proceeding. -...s ~
| g. InsolUent Debtors The act concerning Insol-
vent Debtors is to have reasonable construction.
Hence, when the debtor has failed to prove !" suf
fcient notice under the 10th section of the act
and becomes liable thereby to imprisonment. the
cause is to be continued in order that he may be
ready at the next term and so, whenever under
that section he becomes liable to the same penalty
by reason of defective schedule the schedule may
be amended from time to time, the truth of
any specified conceament.
3. Anaendments.-Notice to amend an nsovent's
schedule made at any previous term and overruled,
may be renewed at subsequent term and allowed,
whereupon the cause shall stand continued. The
whole law and practice under contnuances. is appli
cable to this act.
4. Highaoays md Streets.-The City of Raleigh,
being the scat of the State Government its charter
unlike those of the other towns corporations of
the State is public statute, and not private law.
All the streets laid out and reserved upon the Plan
reported to the Legislature IN ll92, Tor City upon
Joel Lanes farm, in Wake County, became high
ways de fcto ct de jure by the adoption of the Plan
by the State Legislature. No act the part of the
commissioners of the proposed City, being at all
necessary to that end
The duty "to repair" streets includes obiga-
ton "to open and to make " them according to the
plan This duty vested in the overseers of
roads, is attached in like degree to the commits
stone of this city Therefore, all that indict-
ment against them need charge, beyond the fact of
the nuisance, is the "authority to levy taxes to a
limited extent, for repairs and other purposes, and
that they "requred" to collect the taxes
levied. The duty to the sum collected for
pairs only follows necessary inference from the
authority aforesaid and therefore need not be other
wise specially alleged
When particular board of commissioners is in
dcted, it is not of necessity that all the commission
ers who compose it be Joined, that the time of
the nuisance be set out with technical certainty
numerals in the description of their term of Office
being equivalent to written characters.
In such indictment proof of any special neglect
to repair will counterbalance any effort expend
ture for that purpose in other parts of the same
street or other quarters Of the city; and if the nuis
ance be remediable for any amount less than that
expended by the indicted board, for celebrating the
Fourth of July, any other purpose, "useful or
necessary" such appropriation becomes under
the circumstances, wilful and corrupt miSapplca-
ton of the Public Fund, and is, besides, evidence
under the issue, for not expanding the money in
repairs other useful and necessary purposes"
A ms-recital of the office and oath of member
of the board indicted of the intendant, is cured
by our statute of ieofailS