Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-29
For the Journal.
AN ACT
For the Relief of Executors, Adn,inistra-
tors. DC.

tors. DC.
WHERE'S, Many Executors, Administrators,
Guardians Sherifs, Clerks OF Courts, Trustees
and others, holding Offices or places OF iduci-
airy character have, in The discharge of tho du-
ties of their offices places, received III go"6
faith, Confederate money or currency, or the
Treasury Notes issued by the State Of North Car
olina during the late war, or have invested tuDds
thus in their hands, in the Bonds OF the Ccnfed-
crate Government: and the oonds OF the STATE OF
may thereby have incurred individual liability b!
reason Of said currency and bonds having become
valueless in their hands And acheTeos, Owing to
the general insolvency occasioned by the late war
it is expedient to enlarge the discretion of per
sons holding fduciary positions in the ett'ement
of Claims contracted prior to may 1st, 1866.
SECTION 1. Be it enacted bg the General Assem-
blu f the State of North Carolina aud it is hereby
enacted by the authority Of the same, That Execu
tors Administrators, Guardians Sheriffs Consta-
bles Coronors, Clerks of the Superior and County
Courts, Clerks and Masters of the Courts of
EQUITY, Trustees, and others holding Offices or
o aces of q 1duciary character shall not be held
fable for having received in payment OF any debt,
demand or claim of any description thus in their
hands, Or under their control, the currency of tho
Confederate Government or of this State or for
having invested funds thus in their hands in the
bonds of the Confederate Government, or the
bonds Of this State which have been repudiated
but the same shall be presumed to have been thus
received or invested in good faith, and pre-
sumption Of qualified, or express, implied, or con-
structive notice shall arise against them by rca-
son of the progressive depreciation Or greater or
| rency OR bonds Confederate or StSte.
| SECTION 2. Be it further enacted, That i'll ali
trials Of suits or other proceedings, either ct law
or in Equity, i'll which the question of diligence or
negligence, whether Of greater or less degree,
shall arise, the same shall, on notice Of either
party to such suit or other proceedings, b5 cub
mltted to jury, question OF fact; such Issue,
when arising i'll a Court Of Equity, to be made up
and sent to q jury under the discretion Of the
| Court
SECTION s. BE FURTHER c3sacted, That If any Of
the persons mentioned in the first section OF this
act holding claims in 4 jiducary character, due
| before May 1st 1865, shall, in good faith and in
the exercise OF reasonable diligence, CON promise
the same, by receiving less than their full amount
such person shall be chargable only with the eum
received in the SO Element of his accounts, I'M
less it shall be shown that there war \ want Of
good faith or due diligence in such Compromise
SECTION 4. Be 1t further enacted, That in all
cases OF contracts made for the purchase sale
| OF any species Of property, real CT personal,
| wherein any Executor, Administrator, Guardian
OF other person holding any Office or place Of
tiduciary character, shall be concerned either as
| creditor or debtor, and any deduction ehs be
! on the Confederate or any other deprecated cur
rency or affidavit of that fact by the party claim
| ing such deduction, it shall be lawful for said
parties, creditors and debtors, each 10 choose one
disnterested man, wi h power in them to choose
! all umpire, who or majority OF whom, shall be
authorized to assess at its gold value, the pro-
| perty in reference to which said contract was
made, at the time of making the same anu make
a statement thereof III writing. duly signed by
binding on the parties concerned, and full pro-
| lection to such Executor, Administrator. Guar.
dian, or other persons so holding Office OF place
| of tiduclary character, and such persons
thorzed to receive or pay the same according to
such award.
SECTION 5. Be it .fu1'tter cnocted That Executors
and administrators shall have power to prefer
any creditor creditors of the deceased person,
whom they represent, over all other creditors of
equal dignity, though the creditor creditors
| preferred may not have commenced suit, and
| though such Executor OF Administrator may have
notice by suit commenced of the existence of 9TH
| Ell debts, equal in dignity to those preferred,
and such payments shall have like force and eff
feet; and such personal representative shall in all
respects be treated in law and equity, as though
| judgment had been confessed in favor OF tho pre-
ferred creditor or creditors, as allowed by
| law.
! SECTION 6. Be 1t further enacted That this Act
shall be in force and take effect from and after its
ratification.
| katted March Cd, A. D., 1867.
! STATE OF NORTH CAROLINA,
DEPARTMENT OF STATE.
! Raleigh, March, 2lst, 1867.
/, RoB'T W. BEST. Secretary Of State, do hereby
certify, that the foregoing is rruo copy Of the
| original or file in this Office.
| Given under my hand the day above mentioned.
/ r. ". BEST,
of atc