The news & observer., 1901-02-24

money demand for a salary, tried upon a
case agreed in the Superior court of Per-
qulmans where the plaintiff recovered
judgment and the writ of
mandamus ordered to issue. From
which judgment the defendants
appealed to this court, where the
! Judgment of the court below was modified
in amount of the recovery, and, as modi-
fed, the judgment of the court below
was affirmed and that the said judg-
ment as modified and affirmed entitled the
plaintiff to a salary of four hundred dol
lars per annum, as Chief Inspector of the
Shell Fish Commission, FIVE cents per
mile for each mile travelled when enga-
ged in the business of said commission
aud for other extra expenses not to ex-
ceed fifty dollars per annum-whole cost
of the commission not to exceed six thou
sand dollars per annum And it being
further declared by the court that the de-
fendant, Hal. w. Aver, as State Auditor.
shall proceed to pass upon and audit said
claims, upon the same being properly GER
titled by the Secretary of the Board of
the Shell Fish Commission and counter
signed by the Chairman of the Shell
Fish Commission
Now therefore, you are hereby com.
manded, absolutely and peremptorily
without delay, to proceed to audit said
accounts upon their being so presented
to you And that you at once upon audit
ing the same, issue warrants therefor
upon the State Treasurer for such
amounts as you shall find to be due the
plaintiff thereon; and that in all things
you comply with and obey the mandates
and requirements of this writ, and that
herein you fail not.
Witness. Thomas S. Kenan. Clerk of our
said Court, at office in Raleigh, this, the
seventeenth day of October, 1900
THOS. S. KEENAN,,
Clerk of the Supreme Court.
(Seal of the Supreme Court of the
State Of North Cardinal
Fee paid.
Endorsed: Received October 18th. 1900
and served same day by delivering the
original of the within to Hal. W. Aver,
State Auditor.
R. II. BRADLEY.
Marshal of the Supreme Court of n. c."
Fee paid. r. Fl. B."
Copy for W H. Worth. Treasurer)
STATE OF NORTH CAROLINA.
In the Supreme Court.
Theophius White
against
II. w. Aver, Auditor and
w II. Worth, Treasurer
The State of North Carolina to w. II.
Worth. State Treasurer, Greeting:
This is an action of mandamus upon
a money demand for salary tried upon
a case agreed in the Superior court OF
Perquimans. where the plaintiff rccov.
cred judgment. and the writ of mandam-
ment the defendants appealed to this
court. where the judgment OF the court
below was modified in amount of the re-
covery. and as modified, the judgment of
the court below was affirmed; and that
the said judgment as modified and af.
frned entitled the plaintiff to a salary
OF four hundred dollars per annum. as
Chief Inspector of the Shell Fish Com
mission, five cents per mile for each mile
travelled when engaged in the business
of said commission, and for other extra
expenses not 20 exceed fifty dollars per
annum,--whole cost of the commission not
to exceed six thousand dollars per an
mum. And it being further declared by
the court that the defendant, Hal. w.
Aver, as State Auditor. shall pass upon
and audit said claims upon the same
being properly certified by the Secretary
of the Board of the Shell Fish Commits
sion. and countersigned by the Chairman
of the Shell Fish Commission, and it be-
ing further declared that the defendant.
w. II. Worth, State Treasurer, shall pay
the amount stated in the warrant drawn
by the defendant, Hal w. Aver, as Audi
tor aforesaid.
Now therefore. you are commanded alb
solutely and peremptOrily without delay,
TO pay the warrants issued as aforesaid
by the State Auditor on you as State
Treasurer in favor of the plaintiff; and
that in all things you comply with and
obey the mandates and requirements of
this writ, and that herein you fail not.
Witness, Thomas S. Kenan, Clerk of
our said Court, at office in Raleigh, this
seventeenth day of October, 1900.
THOS S. KENAN
Clerk of the Supreme Court.
(Seal of the Supreme Court of the State |
of North Carolina).
Fee paid.
Endorsed: Received October II. 1900. !
and served same day by delivering the
original of the within to W. II. Worth, |
State Treasurer.
R. II. BRADLEY.
Marshal OF the Supreme Court of n c."
Fee paid f. II. g."
That pursuant to the comand con-
tained in the aforesaid writ of mandamue
issued to said Hal. w. Aver, State Au-
dtor, the sum of eight hundred and |
thirty-one and 15-l00 dollars was unlaw- |
fully audited and allowed by said Hal. w |
Aver State Auditor and warrant on !
the State Treasurer was issued by said |
Hal. W. Aver, State Auditor. in words |
and figures following, to-wit
Copy of Auditors warranty
mo. 22962 $S31.15"
STATE OF NORTH CAROLINA,
Auditors Department.
Raleigh, n. c., Oct. 20, 1900.
The State Treasurer will pay to Theo-
phlus White c. |. S. f. c., or J. c. l..
Harris, attorney or order
Eight hundred and thirty and l5-10O
dollars, for salary as Chief Inspector
Shell Fish Commission. compensation for
extra services and mileage from March
20 1899. 10 September l. 1900.
Charge account Shell Fish Commission.
HAL W. AVER,
State Auditor
r G. RIVERS,
Chief Clerk.
Code n c., Vol. j. Sec. -.
Code n. c.. Vol 2. Sec. .
Chap. 13. Sec. - Laws of 1897.