The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09

and curative acts had brought this much
important subject into great confusion
1t was becoming difficult for even the
most careful lawyer to pass upon the
title to real property; especially was this
the case in regard to deeds executed by
married women. The act of 1899 cou-
pied with the registration laws i'm force
secure to us simple and safe method
of securing title to real estate. There
are few subjects i'm the law more in
teresting tnan the history of legislation
i'm regard to the registration of deeds
We find that in his day Sir Mathew Hale
was wrestling with this subject.
An act was passed for the investga-
| ton of incendiary fires, giving to the
Commissioner of Insurance large pow
ers. The expense incident to the en-
forcemcnt of the law is paid by small
tax levied upon insurance companies.
An election law was prepared with
great care and after thorough discus
sion passed. 1t will probably receive
| the usual criticism by the minority and
he vigorously defended by the majority
| 1t has been to me Il mystery that
gathering the sense of the people can
| not De provided for by a simpler mode
| than the legislators of the past twenty
| five years have prescribed. it is. l
| trust not Utopian fancy that some day
we may have an election law so simple
| that all can understand it and so fair
| that all will commend it. There are Il
number of excellent features i'm the law
of 1899. Its length !. prob ,h'v its m st
| Objectionable feature. 1t is certainly
a marked improvement upon that of
1897.
The statutes in regard to the regula-
| ton of the insane asylums were carefully
revised and consolidated. Provision was
made for the care of the criminal in
sane.
An act was passed rquiring the cross
| indexing of wills, providing that the
| name Of each devsee and legatec to APP
pear in the index. This will prove of
| much service in tracing titles.
The act of 1897 permitting the defend
| ant in civil causes to demur to the plain
| tiff's evidence and move for Judgment
upon the close of the plaintiffs evidence
| known as the "Hinsdale Act was so
amended that if the motion is refused he
may except and appeal, or if he so elect,
| proceed to introduce his evidence, in
which event he shall be deemed to have
| waived his execution unless he shall re-
new his motion when all the evidence is
in. If the verdict of the jury is adverse
he shall have the benefit of his exception
on appeal This change in the law of
| procedure does not seem to have the
| approval of the court 1t is certainly 4
departure from the theory upon which
trials in civil actions have been con-
Quoted in this State BY it party may
take UP the entire evidence and have
| the court to search for "a needle in Il
hay stack for error. When court ste
| nographers shall once come with the
march of progress and every word of the
witness be taken down the records will
he very long and the expense incident to
an appeal much increased THE law
| has some advantages over the old mode
of trial. but it is by no means certain
| that better or more certain and satisfac-
tory results will be attained. 1t will
be well, however. to give the new law
| trial
BY chapter 161 clerks are prohibited
/ from appointing themselves or their dep
mites commissioners for the sale of land
in proceedings pending before them.
BY chapter 50 a promise to pay a debt
discharged in bankruptcy is required to
be in writing. l5
The law regulating the legal rights
of married women was changed in only
one particular. The disability clause i'll
the statute of limitations was repealed
as regards married women. This / con-
ceive to be eIAinently wise We should
either return to the old testament view
of husband and wife and make him the
| ncih Ia haa e hn ia, To- L..
our modern conception which converts
him either INTO an overseer or steward OF
his wifes estate with abundant power
to contract debts and absolutely no liza
bility to pay them consistent. The wife
should either he permitted or compelled
to pay her debts as a feme sole or be
deprived of the power to contract them
1t may be that my ideas are out of date,
but / cannot help thinking that when
the future historian shall write the his
tory of the people of North Carolina and
seek TO know something OF our moral
conception in respect to the transactions
of married women he will find much in
our statute and Supreme Court Reports
on the subject which will not be Il source
of pride to our children The tendency is
very strong to make husband and wife
two instead of one.
i The very significant law in force in
this State for many years placing pro-
hibitory tax upon emigration agents was
| repealed.
| The Legislation looking to the change
in the management of our penal and
other State institutions found its way
| into the court. The celebrated case of
'Hoke VS.. Henderson, said by Judge
Pearson to contain ''mine of learning
was very thoroughly discussed and re-