Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-04-21

Love, j. r. Jr., Webster,
Neil, q. f., Jefferson,
Gndyer, JAS. NJ, Evansville,
Durham, Plato, Shelby,
Cash, l.. S., HendersonviIIe.
Reported for the Journal.
an act Regulating the Appointment of
Guardians al IItem
See. l. Tile General Asscn1LZv Of North
CarOli1ta 90 enact. That in all actions and
special proceedings in any Of the Courts of
this State, Whenever any OF the parties
plaintiff aIe infants, whether said infants
be residents or residents of this State,
that said infaHts shall appear by their
general or trs'amentary guardian, if they
have Vny within the State, and if there
stall &c 40 such guardian, then said in
funts IN j. nrplar by thor next friend.
Sec. 2. Fiat IL all actionS and special
prooecJ ngs in any Of the Courts OF this
State, whenever any Of the defendants are
infants, said infants shall defend by their
general or testamentary guardian, if they
have any within this State, Whether eaiJ
infants are residents or n1n-residents of
this State and If said infants have no
general or tcstGmentary guardian within
this State, and any of tho defendants in
said action or special proceedings shall
have been summoned and a copy of
the complaint have been served on
them or any Of them, then it shall be
lawful for the court wherein said action
or special proceeding is pending, upon
motion Of any Of the parties TO said &C.
ton or special proceeding, to appoint some
discreet person to act as guardian I'll Hien,
to defend i'll their behalf, to which said
guardian, SO appointed, the summons III
said action or special proceeding shall be
issued, and a copy Of the complaint serv-
cd Will n co u
twenty days service of said summons and
complaint the count may proceed in the
cause to final judgment or decree therein
in the same manner as if there had been
PERSONAL service upon the said infant de-
PENDANTS, AID any decre3 or judgment in
the case shall conclude the infants defen-
CANT as effectually as if he or they had
been personally summoned.
Sec. 3. That whenever any plaintiff or
plaintiffs shall desire TO institute any
action or special proceeding in any Of the
courts of this State where all the parties |
defendants are infants having no general
or testamentary Guardian IN this State
whether the said infants defendants shall |
be residents or non-residents of this State, |
any Of said plaintiffs may flS petition
to the Judge of the Court or the Clerk Of
the Superior Court III which said action is !
to be brought setting forth the nature of
the action orspeciaI proceeding which lie or
they desire to bring, and obtain from said |
Court the appointment of some discreet
person to act as Guardian ad Item for said |
infants defendants upon which said Guar
dian SO appointed summons and complaint |
InGy be served; and after twenty days ser
VICE OF the said summons and complaint |
the Court may proceed in the cause to |
judgment IN the same manner as If there
had been personal service upon the eaid |
infants defefenGants, and any judgment
D. decree in the case shall conclude the in
'ants defendants as effectually as if he or
hey had been personally served with
Sec. 4. That whenever any guardians
I'd Htena shall be appointed under this act,
he said guardians shall file an answer in
laid action or specIa! proceeding admitting
'r denying the allegations thereof, the
'ost and expenses of which said answer in
Ill applications 10 sell or divide the real
estate Of said infants shall be paid ont of
he property, or in case of decision shall
% charged upon the lard If the sale or
division shall be ordered by the Court,
nd If not ordered in any other manner
he Court shall direct.
Sec. 5. That Sections IS and SO of the
code of Civil Procedure are hereby re-
,ealed.
Sec. 6. That thia act shall be in force
rom and after it's ratification.
Married ladies are not allowed to hold
'ositions as teachers in the public schools
f Baltimore.
The town of Montezuma is discussing
7hether it is wicked to make cheese on
sunday.
The women Of England have $500, 600
aajority over the men.
Gen. Judson Fitzpatrick will contribute
} the next number Of Our Magazine a
ersonal Renaissance, entitled Lice at
Gettysburg" t ..s. u. = - !
a gentleman in Boston has subscribed
70, 600 for the endowment Of Liberia Col.
9ge, at Monrovia, IL West Africa.
On Tuesday last the horse Victor Pat
hen. belonging to Daniel Bodine, ESQ.,,
i Camden, N. j., and valued at S., 600.
urst blood-vessel, while standing in his
table, and bled to death. IHf be-. l.
There are four hundred and ffty-one
hurch edifices in Philadelphia. Fc +
The mercury has already been up to 100
egTees at Albany.