The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-13
SUPREME COURT DECISIONS.


The finding of fact by the judge that
a juror is Indifferent is not renewable
Estate VS.. Potts, 100 N. c. 45; State VS..
Fuller, ia N. c. 1911, nor the prisoners
exceptions to jurors before he has ex-
hausted his peremptory challenges State
VS.. Hensley, "a N. c. 1921; State VS.. Nc
Dowell. 1923 N. C. 764.
The court will not consider a broad
side exception "to the charge as given"
but in a capital case the Attorney General
will assent to the insertion OF proper ex-
ceptions nue. pro tune.
The regularity of proceedings below is
presumed and the appellant must show
error. The rules require the trial Judge
to send up only those parts of his charge
which were excepted to- Ordinarily it is
not error in the judge to fail to recapitu-
late the evidence unless he is requested
to do so.
A verdict equity of the felony OF muir
der in the first degree is substantial
compliance with the statute and where,
in such case. the judge on the next day
permitted the addition lin manner and
form as charged in the bill of indict-
ment," the prisoner was not preJudlced
thereby.
"A
duct Of the jury only when there was
misconduct affecting the verdict and not
when there was merely opportunity for
such misconduct. Here the alleged mis-
conduct was the remarks of preacher
at q church which the jury were al
lowed to attend with the consent of the
prisoner The preacher said There are
men here who have in their hands the life
Of q
to be careful and if he is guilty, say so;
and if he is not guilty, say so. Do your
duty before God and your country" In
the prayer he said: Now Lord, we are
going to Cffer a special petition to Thee
that this jury may give him fair trial
and if guilty say so; and if not guilty,
say So Held no error in refusing to set
the verdict aside.
ROBINSON VS.. LAMB. Modified and af-
firmed.
Chapter sc of the Private Laws of 1884,
in consideration Of Enoch Sawyer making
q road through the swamp opposite Saw
yer's Ferry conferred on him the right
to charge certain tolls for persons and We
hicles cross his ferry and passing over
the road he constructed, ito be allowed
during the term Of 25 years and no lon
ger"
BY Chapter 49, of the Laws Of 1870 the
rights which had been conferred upon
Sawyer as keeper of a public ferry were
transferred to him as keeper of a public
bridge at the place where the ferry was
operated, and were extended for fifty
years and the Act further provided that
mo other bridge shall be established
within three miles or on the plantation
of said Sawyer. during the continuance
OF this Act"
By Chapter 12S, Laws 1S48-49, the priv
ileges and immunities" granted in the Act
CT 1910. were extended fifty years from
the expiration Of the time mentioned
therein, and granted to Samuel Lamb,
Ibis heirs and assigns claiming under
Enoch Sawyer"
Chapter 8, OF Private Laws of 1865,
amended the Act of 1S4S-49 by authorizing
Dorsey Sanderlin to construct and use y
ferry in place of the bridge provided for
the use Of Lamb by the Act of 1S4S-49,
the grant to Sanderlin to expire in 1878.
Chapter 27, Private Laws of 1874,
amended the Acts of 1S4S-49 and 1865, by
authorizing the heirs of Lamb to estab
lish a ferry such as that prescribed by
the Act of 1865 "in place CT the bridge
required Dy the 4Acl OF loio-4J ana us uu-
ration was extended to the heirs of
Samuel d Lamb for thirty years from the
expiration of the extension allowed in the
Act" Of 1S4S-49 and the Act of 1910 was
amended to declare that no other bridge,
boat or ferry should be established within
three miles of the one allowed. The de-
PENDANT contends that this extended the
prohibition to erect a bridge or ferry
within three miles either way over Pas
quotank River till l940 and that he has
contract right in such prohibition till
that date; Held, that all of the foregoing
Acts, except that Of 1884. were without
consideration and do not confer any con-
tract right and the Act of 1884 expired
by its terms in 1909.
2. The rights conferred by the Act
of 1910 expired by it's terms in 1860. and
, the privileges and immunities" conferred
, by the Act CT 184S49 had lapsed upon the
passage of the Act of 1865.
3. Whatever rights the defendant has
acquired are by virtue of the Act of
1874, and this Act conferred a mere
gratuity revocable at the will of future
legislatures
4. The provision in the Act Of 1894
that other ferries or bridges would not be
authorized within three miles thereof
afterwards amended by the Act Of 1897
to 2 miles) until 1910, was simply a re-
stricton upon the general power con-
ferred by Section 2014 of The Code upon
the county commissioners to authorize