The weekly North-Carolina standard., 1869-03-10

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especial order for Thursday next at II
O'Clock a. m. ~ hsa isl, .goass qgri'a
Mr.. AMEs gave notice of bill to incorpo-
rate the town of LaGrange in Lenoir coun-
ty. - .aste.ga spaiy
Mr. MORRILL,, introduced q bill to prevent
the depletion of feathered game. Referred.
The SPEAKER took the Chair. dr
MIR. SEYMOUR, from the judiciary Com
mittee, introduced bill to enable county
commissioners to purchase county bonds,
with the recommendation that it pass.
Calender. .fe is5tty ia 4.4sr,Y IL
L Mr.. GRIER introduced bill to enable
Richard Rozzell to build bridge across
mittee on Corporations. a. .la
m On motion of MIR. MALONE, the rules were
suspended, and bill to authorize the Public
Treasurer to supply temporary deficiencies
In the Treasury was taken up, and the same
passed second reading yeas ga. nays 10.
Il MIR. BARNETT introduced bill supple
mentary to an act to incorporate the Green
Swamp Company. Referred. ,4.~al
Mr.. HINNANT, from the committee on En-
rolled Bills, reported the following bills
correctly enrolled, and they were thereupon
signed by the Speaker Act to authorize
elections in certain towns in this State; act
to prevent the telling of trees into the waters
of Mitchell river, Surry county, and the
throwing of other obstructlons therein; act
to incorporate the New Hanover Agricultu-
raj Society; and an act to enable the city of
Raleigh to borrow money for certain pur-
poses. esga.. ~ 1aa seas.fls..
Mr.. SEYMOUR moved that when this House
adjourn it adjourn to meet at ten o'clock to-
morrow. 9as at ttt5 f{i-1.t
at u O'clock to night and every night there
after this week excepting Saturday night.
Adopted-yeas SO, nays 10. d s,3 a
The resolution as amended was adopted.
On motion of Mr.. BARNETT, the bill to
enable the Chatham Railroad Company to
complete its road was taken up; and, after
a brief debate, was superseded by the
ie SPECIAL ORDER.
Bill to lay off the homestead and personal
property exemption came up, the pending
question being on the adoption of an amend
ment to section 16. ag aaat
The amendment was adopted. M
Sections IL to 81 wers variously amended
and adopted. s1'r .s.q
g Mr. PoU offered an amendment to come
in as sections 28 and 80, as follows: si.
"sEo 2s. Whenever any creditor of the
owner of homestead shall make oath before the
clerk of the Supreme Court, that in the opinion
of afiaut, the owner of the homestead aforesaid
has applied other property not exempt from
levy and sale, or money not derived from the
homestead, to in crease the value OF the home
stead, with intent to defraud any creditor of the
said owner, the said clerk shall make an order
that an issue of fraud or no fraud between said
creditor and said owner shall be tried at the
next term of the Superior Court for the county
in which the homestead lies. If the jury find
the issue of fraud in favor of said creditor, the
homestead shall be liable to levy and sale under
execution as property not exempt. But upon
such sale the sheriff shall pay,- in cash, to
the owner of the homestead 81 900, before any
principal, interest or costs on any Judgment are
paid, and the 81 900 so paid shall be considered
in law the homestead exempt by the Constitu
ton. 5-fzsF fxcs.Is ..s.f31.+
"SEc. 90. Any appropriation of the proceeds
of the sale OF other property not exempt or OF
money not derived from the homestead, which
shall be made by any!owner OF a homestead,
while said owner is indebted to any creditor, to
increase the value of said homestead, shall be
considered a fraud on the rights of said
creditor.n ii1iQ7i' ~ hii
Mr.. PoU said his object was to SO fix it
that a man could not sell his property
when in debt. and place it upon the home
stead exemption, to defraud his creditors.
This was meant to prevent the fraud pictur-
ed by the gentleman from Cleaveland the
other day. ...
Mr.. BOWMAN thought this substantially
reenactng section 80, which had been
stricken out. Section II as 1t now stands
provides for the object in view by requiring
six months notice OF application for home
stead exemption before it can lie laid off
Z Mr.. .PoU said that guarded against fraud
in the original laying off of the exemption.
The amendment was to guard alter its
laying off against fraud against any credi-
tors, present or future.
Mr.. BOWMAN submitted that any creditor
who made debt in full view of the law
that man has homestead and is allowed
to improve it, could not suffer injury bysa
future improvement of the homestead. 1t
had been al legged thatwhen man files a
petition to take the benefit of the homestead,
he could go and sell all the rest of the prop
erty and place it upon the homestead; but
the bill provided that the creditors should
have notice of the time and place, and if a
man tried to sell his other property and ap-
ply it upon his homestead, they could stop
him by injunction. Section 30 originally
provided for a reassessment, and this amend
ment not only provided for reassessment
but sale. 'Ifthat were adopted all the action
required to procure a sale of the homestead
would be to make oath that he believed his
debtor had applied some little article upon
the homestead that was not the product of
the homestead, which would defeat the
homestead entirely, aas si.sst ~ i'll,.i1 }
q Mr.. DowNING differed with the gentle
man from Mitchell (Mr. Bowman) It was
necessary, according to that amendment, that
fraud should be proceed. There was great
distinction. If any principle in the home
stead exemption could be considered safe
beyond doubt it was its prospective fea-
tures ~ s4'l ~ l-.s' ''.l'tstJ u,ts'f.
Mr.. BOWMAN asked. if these resolutions
were adopted, whether the courts would not
'construe it to be, the intention of the Legis
lature to eonfne the value to $1,000, and il
the value went above $1,000 construe that
there was an intention to defraud,
- Mr.. DOWNING thought not. But he be.
lieved that if the question were carried to
the Supreme Court Of the United States, they
would decide that the homestead is only
prospective. 5.,i
Mr.. PoU said the first thing necessary un.
der the amendment is that the creditor &C
forward and swear that he believes thu
debtor has taken money from other sources
than the homestead, and appropriated it te
increase the value OF the homestead. Ther
the amendment provides that the case. shall
! lle tried before the next term of the Superior
Court. and if a jury find that the owner has
taken other property and appropriated thu
proceedst o Incl casing tile value of the home
stead while in debt, the homestead shall b
condemned to sale. But even then tht
omonnt of S1 000 eball hpl loft IN tLa nvpna