Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-12-04
Mr.. Badgers Ordinance.


son that we expected, after slight amendment it
would be passed at an early day. As the matter
has been delayed, we give it as originally drawn by
him, and refer the reader to our regular proceedings
of the Convention for the proposed amendments
An ordinance for suppressing oppressive specuta.
taon upon the present necessities Of the people, and
for enabling the Gorernor to cause provisions to
.: be seized for public use.
Be 1t ordained By this Convention, and 1T is here
by ordained By the authority Of the same, That
whoever shall engross or get into his hands, by buy
Ing, contracting or other means, other grain
growing in the fields: or any other corn or grain,
pork or beef either fresh sated or smoked cheese,
fish, coffee sugar. tea, salt satpetre, other dead
victual Whatsoever, to the intent to sell the
again at unreasonable prices. or to keep the same
from market, and prevent the same from passing
into the hands and of the people, to any other
intent than for his own consumption or for charita
BILE distribution amongst poor and necesstous per-
sons, shall be deemed an 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 dearer selling of any
thing above, mentioned, or else dssuade, move or
stir any one coming or purposng to come to any
city, town-market 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,
townnarket, or other place, to be sold, shall be
deemed forestaller. And whosoeyer shall make
any promise, enter into any agreement, or come to
any understanding with any other person or persons,
that he shall not sell any of the things before
hearsed but at certain prices, at not less than
certain prices shall he deemed unlawful conspira
tor; and any person, upon conviction of either of
the said Offences by verdict confession, shall be
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 as the Court may direct
BE 1t further ordained, That the offences men,
toned in the foregoing section shall be prosecuted
in the County Court only, and by criminal informa
ton instead of indictment, in which the following
rules shall be observed : Infornations may be filed
by the County Solicitor, oHicio, either in vacation
or in term time. and process well for the arrest
Of the party charged for compelling the attend
ance of witnesses shall Immediately issue thereupon
If the capias shall be served five days before the
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
material and necessary witness, who shall be de-
tained by Illness for cause Of like nature,
and shall also be required, as a condition of such
postponrnent, to pay into Court the costs which
may have acC:ned. And the Court shall have pow
er to make such rules and orders fc. .he
the complete exercise Of the Jurisdiction hereby
conferred, may be deemed proper. Informations
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, and
upon his acqnittal or discharge he shall not be liza
BILE to pay any COSTS out the county shall pay for
the attendance of all material Witnesses as well for
the defendant as for the prosecution. No judgment
shall be stayed or 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 be allowed.
/ And be it further ordained, That the Governor
shall have power when and so often as in his judg.
ment the public interest may demand to cause to
be seized to the puc use all or any of the things
hereinbefore 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 he may 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 Oh
served f.: two persons shall be appointed one 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 impartiay
in tho premises shall proceed to estimate the fail
value of the articles SEIZED and to certify the same
under their hands and SEALS and in case of differ
ence between thenl shall choose an UMPIRE who shall
in like manner, make and certify such valuation o.
should the owner or owners his or their agent OF
attorney on being notified of such seizure, refuse
or for the space of three days neglect to name on
to act in making such valuation, then the person
named by the officer person making the seizure
shall proceed, by himself to make and certify sucl
valuation; or should the owner be unknown or b.
absent from the State and have no known agent O
attorney therein then the Chairman Of the Cour
of Pleas and Quarter Sessions of the county in whic
such seizure may be made, or if made in any incor
porated city town, the mayor chief Office
thereof shall name person for and in behalf of suc
owner or owners, to act in making such valuation
and the valuation made in manner aforesaid, sha
be held to ascertain, conclusivey, the price to b
paid for the article so seized and the certificate c
such valuation shall be delivered to the owner O
owners his their agent attorney, or
these shall be absent or unknown shall b
deposited with the Clerk of such County Cour
to and for his or their use; and such certifcat
shall entitle the party to payment of the valu;
SEIZURE or at the public Treasury and If such pay
ment be refused the party shall be entitled to II
terest at the rate Of six per cent per annum unit
payment shall be made but if the party shall n
fuse to receive payment in Treasury notes of tn
Confederate States, or of this State, or in currer
notes Of the banks of this State he shall not be
titled to interest Provided, and it is hereby
cla,ed That no articles shall be liable to seizul
which are held or possessed by any one for his ow
personal use and that of his family or dependent
or for the of sick, disabled poor and necessi
GUS persons or for other charitable use. By an
seizure made conformably to the provisions Of tn
Ordinance, the property in the thing or things sci
ed, shall be Immediately vested in the State, wit
out regard to any subsequent proceedings for
tainng the value thereof or for any other purpos
) And be it further ordained That this Ordinan
shall be in force during the present war only exce
as to prosecutions, which may be pending and und
termined at the end Of the war, any may, in Il
, meantime, be repealed or modified by the Gener
, Assembly.
In street encounter with pistols and bowl
knives in Goldsboro' some days ago, a Mr.. Priv
was instantly killed by pistol shot Several pa
ties were engaged ON both sides.