Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-12-04

ouCA 1AcIl uHcut, IL Sudll Uo lawful AoL oUSA
security Or endorser, at any time after such
note, &c, shall bave become due and pay
able, to cause written notice to be given TO
the payee or holder of any such paper or
obligation, requiring him 60 brlng suit on
said obligation, and to use all reasonable
| diligence to save harmless such security or
endorser The bill further provides that
! if the payee or holder of such instrument
/ should refuse or fail, within thirty days
from the service of such notice, to bring
suit, or fail TO employ reasonable efforts and
diligence to save harmless such endorser or
security, such failure shall operate as dis
charge of such security or endorser from
all liability on any such note, bond, &c. pro-
Tided that this notice shall not have the
effect to discharge for liability any co-se-
curity. who does not join in such notice, or
who has not given a separate notice re-
quired by this act This bill does not ap-
ply to holders of such bills, &c, who hold
the same as collateral security or on trust.
Both of the above bills were referred to
the Committee on the Judiciary.
By consent, Mr.. Seymour introduced a
resolution directing the Keeper Of the
Capitol to reinstate the Supreme Court in
their old rooms, and instructing the Com
mittee on Public Buildings to secure in the
Capitol suitable rooms for the Superin-
tendent of Education and Auditor. If no
suitable room could be found in the build
ing, others should be procured, outside,
at an expense not exceeding - dollars per
month.
Mr.. Seymour proceeded to explain the
manner in which the Supreme Court had
been elected from their sooms, last session,
and the change was disagreeable to all
the Judges of that Court. He had been
spoken to about the matter. and, there
upon, brought the matter to the attention
of the House.
The resolution went over under the rule.
CALENDAR.
House bill No. Il introduced by
Mr.. Franklin, Of Wake y This bill amends
the act establishing Special Courts in New
bern and Wilmington, so as to create the
same Court in Raleigh. The bill was read
and passed its third reading without oppo-
sition.
House bill No. IS introduced by Mr..
Nicholson, of Iredell j This bill confers
the powers given by the Revised Code,
chapter II, to the County Court, in refer
ence to the building of public mills upon
the Commissioners of counties.
Mr.. Nicholson made brief explanation
Of his bill, when it was put on its second
reading and passed.
MI. resolution, luSCrucC1nG IuC
Finance Committee to bring in bill regu-
lating the internal revenue of the State,
and providing that the House should not
pass any appropriation until such bill is
rendered, was taken up.
Mr.. Sinclair said he offered this, because
it could be plainly inferred, from the Gov
ernor's message, that the people would be
called on to bear an enormous load of tax
alton, and he thought it was highly proper
to ascertain what ways and means were
going to be adopted to meet these heavy
expenses. He understood there was bill
coming from the other end of this buildins
appropriating s., ,O09 600, andit W smoothing
but right to ascertain our exact condition
before making any further appropriation.
The present distressed financial condition
of the State was perfectly we'll known to
all, and every precaution and prudence
should be exercised IN these matters.
Laid over one week.
A message was received from the Cover
nor, transmitting the report of the Super
intendent of Public Works. The report
was on motion of Mr. French ordered to be
printed.
Mr.. Seymour's resolution, reinstating
the Supreme Court in their old rooms, and
instructing the Committee on Public Build
ings to find Offices for the Superintendent
of Education and the Auditor, was next
taken up. This created quite lively de-
bate.
The resolution was referred to the Com
mittee on Public Buildings, and the House
adjourned.
TUESDAY, Nov. "a, 1868.
A memorial was presented, signed by
prominent members of the bar, recon-
mending an amendment to the Code of
Civil Procedure; which was referred to the
Committee on the Judiciary.
BILLS, &c.
By Mr.. Winstead : A resolution to pay
Mr.. A. G.. Avery per diem and mileage
up to the time that his seat was declared
vacant.
Mr. Blythe opposed th4 resolution. He
hoped that gentlemen would not be so lib
eral with the peoples money. He had
opposed this thing last session, and would
not vote to pay any man for services not
rendered.
Mr. Sweet eaid that be was as much in
favor of economy as any member on the
floor, and had labored earnestly, last ses-
sion to accomplish that end, but this Is
such an expenditure Of the public fund as
is allowed in all Legislative bodies. Here
is a gentleman, who comes with his c1e
OelCldlS, 0ApcCIinS w tdhc LIS SSaCs hS diA
of rs did. There were doubts as to his
eligibility, and there were other Senators
who were confident he was entitled TO his
seat. A majority decided against him,
and now all that is asked is to pay him
up to the time that his seat was declared
vacent.
Mr.. Winstead said that the Senator from
Henderson surprised him. He had init
mated that he had introduced a resolution
to waste the peoples money. He claimed
nothing but what was right and just 1t
is true that the Senator had argued before
against paying Senators who were deprlv-
ed of their seats, but his argument had
failed to convince this Senate that he was
right. Mr.. Avery's case was different one
from others that have been before this
body; it admitted of doubt and large
number still doubt if he is Ineligible
Yet a majority of the Senate having decd
ed that he was, he would not complain,
though he voted in the minority. 1t Is
due the Senate that he should be paid, as
specified in tho resolution.
Mr.. Robbins said that until this whole
matter of eligibility under the Howard
amendment is finally settled by the Courts,