Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-11-30
MT. Badgers Ordinance.


Mr.. Badger to suppress or prevent extorfon 10 TIE
regular proceedings of the Convention for the real
son that we expected after slight amendment, It
would be passed at early day. As the matter
has been delayed, give ii as originally drawn by
him. and refer the reader to regular proceedings
of the Convention for the proposed amendments:
IN Ordnance for sYppyessiHg oppresSios spsculG-
ton upon the present necessities 81 tie people and
for eHa6Liag The GOOeTa0r 10 cause provisions TO
be seized for public use -eT
Be IL ordained By this C0nrsntion, and 10 is kess-
by 0rdGined By the authority IF the same, That
whoever shall engross get into his bands by buy
ing, contracting other means, other grain
growing in the fields, or any other corn or grain,
pork or beef either fresh, sailed smoked; cheese,
ish, coffee sugar tea, salt saltpetre, other dead
vicual whatsoever, to the intent TO sell the same
again at unreasonable prices, to keep the
from market and prevent the same from passing
into the hands and of the people, to any other
intent than for his own consumption for charita-
bic distribution amongst poor and necessitous per-
sons shall be deemed unlawful engrosser; and
whosoever shall make any motion, by word, letter,
message or otherwise, to any person or persons for
the enhancing of the price or dearer selling of any
thing above mentioned, else diSsuade, move or
stir any one coming or purposing to come to any
city, towp-narket port or other place within this
State, to abstain or forbear to bring or convey any
of the things before rehearsed, to any such city,
town-market, other place, to be sold, shall be
deemed foreStaer. And whatsoever shall make
any promise, enter into any agreement, come to
any understanding with any other person persons,
that he shall not sell any of the things before
hearsed but at certain prices, or at not less than
certain prices shall be deemed unlawful conSpra
tor; and any person, upon conviction of either OF
the SAID offences, by verdict confession shall he
fined not less than dollars and imprisoned
not less than -- months, and shall be required
to enter into recognizance, with sufficient surety
for his good behavior for the space of three years.
in such sum the Court may direct.
BE az further OrOiaiheG, That the offences
toned i'll the foregoing section shall be prosecuted
in the County Court only, and by criminal norma-
ton instead of Indictment, in which the following
rules shall be observed: Infurmations may be filed
by the County Solicitor OIfc0 either in vacation
or in term time, and process well for the arrest
of the party charged as for compelling the attend
ance OF witnesses shall Immediately issue thereuDOn.
If the capias shall be served five days before the re-
turn the defendant shall be compelled TO plead and
try at that term and shall not be allowed by the
Court to postpone the trial. unless for the absence of
! a material and necessary witness, who shall be de-
l. tanned by illness, or for of like nature
and shall also be required, a condition of such
| postponement to pay into Court the costs which
may have accrued And the Court shall have pow
or 10 make such rules and orders for the summon
! ing, returning and empGneng of jurors, and for
the complete exercise of the jurisdiction hereby
| conferred, may be deemed proper. InfornatOns
under this Ordinance shall have priority OF hearing
| and trial on and after the Tuesday of any term.
Upon the conviction Of any defendant the Solicitor
shall be entitled TO tax fee of twenty dollars aud
upon his acquittal or discharge he shall not be liza
bic to pay any costs, out the county shall paw for
the attendance of all material witnesses, as we'll for
the defendant as for the prosecution. No Judgment
shall be stayed arrested and no demurrer allow
ed on account OF any want of form or technical
! language in any information, if the offence shall be
therein plainly and distinctly set out. From the
! Judgment rendered in any proceedings under this
| Ordinance no appeal shall he allowed.
| Ind be 1T FURTHER Orddined That the Governor
shall have power when and so often as in his iuClg-
ment the public interest may demand, to cause to
be seized to the puoic use, all any of the things
| hereinbeOre mentioned, and may, in order to the
execution of this power, appoint any officer Off
GERS, person or persons to make, from time to time
such seizures under such rules as he NAV prescribe
and for ascertainng the price to be paid to the own
er or owners their agent or attorney For any such
articles so seized, the following method shall be ob-
served: two persons shall be appointed, by the
officer or person making the seizure and one by the
owner or owners, his or their agent or attorney,
who having been sworn to act Justly and mpartially
in the premises, shall proceed to estimate the fair
value of the articles seized, and to certify the same
under their hands and seals, and in case of differ
ence between them, shall choose an umpire whoshall
should the owner or owners. his or their agent or
attorney, on being notified of such SEIZURE refuse
Tor the space of three days neglect to name one
to act in making such valuation, then the person
named by the officer or person making the seizure
shall proceed by himself to make and certify such
valuation; or should the owner be unknown or be
absent from the State, and have no known agent or
attorney therein, then the Chairman OF the Court
of Pleas and Quarter Sessions OF the county in which
such seizure may Ge made, OF if made in any incor-
porated city or town, the mayOS chief officer
thereof shall name person for and in behalf of such
owner or owners, to act IN making such valuation
and the valuation made in manner aforesaid, shall
be held To ascertain, cOncluSvely the price 10 be
paid for the article seized and the certificate OF
such valuation shall be delivered to the owner OF
owners, his their agent attorney, or il
these shall be absent or unknown shall be
deposited with the Clerk Of such County Court,
to and for his or their use; and such certificate
Shall entItle the party to payment of the valua
tiOn either from the officer or person making the
seizure, or at the public Treasury, and If such pay
ment be refused, the party shall be entitled to IN
tereSt at the rate Of six per cent per annum unit
payment shall be made but if the party shall re
fuse TO receive payment in Treasury notes of the
Confederate States of this State or in current
notes of the banks Of this State he shall not be
titled to interest: Provided, and 1t as hereby de
cLGrGd, That no articles shall be liable TO seizure
which are held or possessed by any one for his owl
personal use and that of his family or dependents
or for the of sick, disabled poor and neceSst
Gus persons or for other charitable use By any
seizure made confornably to the provisions OF th:
Ordinance, the property in the thing things seiz
ed, shall be Immediately vested in the State with
out regard to any subsequent proceedings for ascer
tanning the value thereof or for any other purpose
lind be 10 FURTHER ortained, That this Ordinances
shall be in force during the present only except
as to prosecutions, which may be pending and undo
termined at the end Of the war, any may, in tht
meantime, be repealed or modified by the Genera
Assembly.
For the Standard.
WILMINGTON n. c., Nov. 81, 1861.