The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-04-02

State which have been repudated, butthe same
shall be presumed to have been thus received
or invested in good faith, and 20 presumption Of
ndId fdes. or express implied or constructive
notice shall arise against them by reason of the
progressive depreciation, or greater or less de-
gree or amouat Of depreciation of said currency
or bonds, Confederate or State.
Sec. 2. BE it further enacted, That in all
trials of suits or other proceedings, either at law
or in equity, in which the question of delin.
quence or negligence, whether Of greater or less
degree, shall arise, the same shall, on notice OF
either party to such suit or other proceedings,
be submitted to a jury as question of fact; such
issue, when arising 10 court OF equity, to DO
made up and sent to jury, under the direction
of the Court o..
Sec g. Be it further enacted, That If any
one of the persons mentioned 10 the first section
Of this act holding claims in q fduciary charac-
ter, due before May LIST, 1865, shall, in good
faith and the exercise of reasonable diligence,
compromise the same, by receiving less than
their full amount, such person shall be charge.
able only with the sum SO received in the settle
ment of his accounts, unless it shall be shown
that there was want of good faith or due dill
sence n such compromise. ...t.-
Sec. f. Be it further enacted, That in all
cases of contracts made for the purchase or sale
of any species of property, real or personal,
wherein any executor, administrator, guar
dian, or other person holding any Office or place
of fduciary character, shall be concerned,
either as creditor or debtor, when any deduction
shall be claimed by reason Of said contract be-
ing founded on the Confederate or any other de-
precated currency, affidavit of that fact BY
the party claiming such deduction, it shall be
lawful for such parties, creditors and debtors,
each IN ehoosa one disin erestad man. with now.
er in them to choose an umpire, who, or Q ma
jority of whom, shall be authorized to assess, at
its gold value, the property in reference to
making the same, and make statement thereof
in writing duly signed by tbem, and such award
shall be conclusive and binding on the parties
concerned, and full protection to such exscu.
tor, administrator, guardian, or other person SO
holding an Office or place of fduciary charae-
ter, and such persons are authorized to receive
or pay the same, according to such award.
Sec 5. Belt further enacted That executors
and administrators shall have power to prefer
any creditor or creditors of the deceased persons
whom they represent over all other creditors of
equal dignity, though the creditor or creditors
so preferred may not have commenced suit, and
though such executor or administrator may
have notice by suit commenced of the existence
of other debts, equal in dignity to those so pre-
ferred, and such payments shall have like force
and effect. and such personal representative
shall in all respects be treated in law and equity,
as though judgment had been confessed 10 favor
of the preferred creditor or creditors, as now al.
lowed by law. s q. " ..s .- s.
Sec 6. Be it further enacted, That this act
shall be in force and take effect from and after
its ratification. Ratified March 2, 1867.