The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-04-17
LAWS OF NORTH CAROLINA.
IMPORTANT ACTS of The LATE LEGISLATURE
Ain Aet to improve the Lar of Esesaence.

OF Justice Is oIten oUStTuceeo W @iuedPdcteieo,
created by the present law, and it is desirable
that full information as to the facts in issue,
bot in criminal and civil cases, should be laid
before the persons appointed to decide upon
them. and that such persons should exercise
their iudement on the credit Of the witnesses
adduced. and on the truth of their testimony;
now therefore,
SEcTIoN l. Be it enacted by the General As
sembly of the State of North Carolina, and it is
hereby enacted by the authority of the same, as
follows: That no person offered as witness
shall hereafter be excluded by reason of inca
pacity from interest or crime from giving evil
dence, either in person or by deposition, accord
ing to the practice of the court, on the trial of
any issue Joined, or of any matter or question,
or. Gu any inquiry arising in any suit or proceed
ing, civil OF criminal, in any court or before any
Judge, Justice, jury or other person having by
law authority to hear, receive and examine evil
dence; and every person so offered shall be adj
mitted to give evidence, Notwithstanding such
person may or shall have an interest in the mat
ter in question, or in the event of the trial Of
the issue, or of the suit or other proceedings in
which he is offered as witness.
Sec. g On the trial of any ISSUE or of any
matter or question or on any inquiry arising H.
any sait or other proceeding in court, or before
any judge, justice, jury or other person having
by law authority to hear and examine evidence,
the parties and the person in whose behalf any
suit or other proceeding may be brought or de-
Tended, shall, except as hereinafter provided, be
competent aud compellable to give evidence,
either uiua voce OF. by deposition, according to
the practice of the court, 10 behalf of either or
any Of the parties to said suit or other proceed
ing
Sec. 3. Nothing contained in the second Sec
ton of this act shall render any person who, in
any criminal proceeding, is charged with the
commission of an irdictable offence, competent
or compellable to give evidence for or against
himself, or shall render any person compellable
to answer any question tending to criminate
himself, or shall in any criminal proceeding rem
der any husband competent or eompellable to
give evidence for or against tis wife, or any
wife competent or compelable to give evidence
for or against her husband.
Sec. i. Nothing contained in the second SEQ
ton of this act shall apply to any suit OF other
proceeding 10 any court Of law or equity, insti
tuted 10 consequence of adultery, or to any ac-
ton for breach of premise of marriage or for
criminal conversation, and nothing contained in
the first section of this act shall apply to the at
testing witnesses to wills.
Ratified the 18th day Of March, 1866.
an Act to prereat ,vilfuz trespasses on Lands,
and stealing any kind Of Property tAerefront.
SEQ. l. Be it enacted by the General Assem-
bly, of the State of North Carolina, and it is
hereby enacted by the authority of the same
That 30 person, after being forbidden to do so,
shall enter on the premises of another without
license therefor; and if any person, after being
thus forbidden, shall SO enter, be shall be deem
ed guilty Of misdemeanor And if any person
not being the present owner or bona fde claim
ant of such premises, shall wilfully and unlaw-
fully enter thereon, and carry off, or be engaged
in the act of carrying off, any wood or other
kind of property whatsoever, growing or being
thereon, the same being the property of the own
of the premises, under his control, keep
ing care, such person shall, if the act be done
with felonious intent, be deemed guilty of larce-
ny, and punished as for that offence. And if
not done with such intent, shall be deemed
guilty of misdemeanor Provided, however,
that any person who may make written afida-
vit before justice of the peace Of the county,
that any of his cattle other live stock, (Which
shall be- specially described and set forth in
such affidavit) has strayed away, and he has
good reason to believe that it is Oh the premises
of another or other persons, then such justice
may, in his discretion, allow such person to en-
ter 90 said premises with one or more servants,
without firearms, in the day time, Sunday ex-
cepted,) between the hours of sunrise and sun
set, and make search tor his estray for such linn
tied time to said justice shall appear reasona-
BILE; but the only effect Of such license shall be
to protect the persons entering, from indictment
therefor, and then only, provided the license
shall have been made bona fde and without
any damage except such as was necessary to
conduct the search.
Ratified the End day Of February, 1866.
An Act to secure to Agricu1tural Laborers
their pay in bind
Sec. l. Be it enacted by the General Assem-
bly, of the State Of North Carolina, aud it is
hereby enacted BIZ the authority of the same,
That whenever servants and 1aborers in A gri-
culture shall, by their contracts in writing, al
ready or hereafter made, be entitled, for wages,
to part of the crops cultivated by them, such
part shall not be subject to sale under execu-
! tions, against their employers, or the owners oi
the land cultivated
And, be it further enacted, That this act
shall be in force from and after its ratification
Ratified the End day of March 1866. 49,
An Act to punish persons pursuing and injur.
ing horses and other lice stock, Nth iatea9 to
steal them.
Sec.!1 Be it enacted by the General Assem-
bly, of the State of North Carolina, and it is
hereby enacted by the authority Of the same,
That ifany person shall pursue, kill or wound
any horse, mule, ass, jenny, cattle, hog, sheep
or goat, the property of another, with the intent
uulawfully and teloniously to convert the same
to his own use, he shall be deemed guilty of a
misdemeanor, and, on conviction, shall be pun
ishable, in all respects, if conylcted of LARGE
ny, though such animal may not Eave come in