Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-13
SPECIAL ORDERS,
NO. 144.

y
". Whereas the General Assembly of North
Car DINA adopted Act entitled g An Act for the
relief OF Executors, Administrators, &c.," rati-
fed March Z, 1867 whereby it enacted in sub
stance as follows That Executors. Adminlstra-
tors, Guardians, Sheritf5, Constab!es, Coroners.
Clerks of the Supreme and County Courts, Clerks
and Masters of the Courts of Equity, Trustees,
and others holding places of iduciary character,
should not be held liable for having received in
payment of debts the currency of the Confeder-
ate States, for having invested trust funds IN
their hands in the securities of the sald Confeder-
ate States that SAID Guardians, Trustees and
others should have authority to compromise
claims in their hands arising before MAY 1, 1865,
| and declaring such compromises valid and bind
| ing on all parties that in cases of contracts
wherein any person acting in a hduciary capacity
| is concerned, and where deductions should be
claimed by reason of such contract being founded
Oh the Confederate CT any other deprecated secu.
| rity, such persons acting i'll fduclary ca
pacity to have authority i'll conjunction with
| the party or parties therein concerned to appoint
arbJt atois to assess in gold value the property IL
reference to which such contract was made at the
time of making the same, their award to be bind
ing al parties interested therein and that Elk
ecutorS and Administrators should have authority
to prefer any creditor creditors of the deceased
persons whom they represent over all other credl
tors Of equal dignity, such payments to have like
force and effect and such personal representative
should in all be treated III law and equity az
though judgment had been conferred in favor Of
the preferred creditor creditors as heretofore
| allowed by law, anu, WuOrc1S, Salu ACG Vi IuC
General Assembly of North Carolina is in viola
ton of the Constitution of the United States mas
much as it impairs the obligation of the contract
subsisting between persons acting in hduciary ca
| pacities and those for whom they are empowered
to act and is in violation of the Acts of Congress
passed from time to tine, prohibiting and declar
ing unlawful all Acts in aid Of the late rebellion
and whereas, the said Acts in violation of the
rights of minors and others 1t Is therefore Or
dered that the said Acts of the General Assembly
above recited be, and are hereby, in all things
revoked, annulled and declared void and OF NJ
effect.
1t is further ordered, that all acts done or suf
fered in virtue of the authority attempted to be
conferred upon Trustees and others standing II
tiducary relations are annulled and declared voit
as to the rights and remedies OF all persons at
fected prejudiced thereby.
| 1t is further ordered, that all suits or proceed
ings at law in equity, instituted for the PURPOSE
Of giving effect to the provisions OF said Act, o.
founded upon any right or authority claimed t.
have been conferred by the authority thereof anC
| all pleas, answers and defences alledglng an.
right OF authority claimed to be derived as las
aforesaid, be dismissed with costs to the part
against whom said suits or proceedings shall
have been brought.
All Judgments, orders and DEGREES, final an(
interlOcutory, and so mueh and such parts there
Of as affirm or enforce any OF the provisions o
said Acts, are revoked and annulleu, and declared
of no effect and the courts wherein the same ar
entered or docketed are hereby required to dis
miss the same, as to all matters relating to an
right and authority claimed under the act of legis
iatOn aforesaid, with costs as above provided.
BY command of Maj. Gen. d. Z. SICKIEs:
j. w. CLOUS,
Capt 33!h U. S. Infantry, A. D. G. and A. A. g.