The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-20
SENATE JUDICIARY.
Bills Passed Upon That
Will Probably be
Made Laws.


Chapter 107, of the Private Laws of
1888, giving the intendant of police
on chief officer jurisdiction of a justice
of the peace in all matters made crird-.
inal by said act. Reported favoraby.
Fl. Il. 1877, by Feinster. TO amerd
ChaRter AZ Private Laws of 1879. Civ
ing the intendant or chief officer juris-
matters made criminal by said act.
Reported favoraby.
$. =. ia, by Toms. To authorize
the commissioners of Henderson
county, TO sell real estate and for
other purposes. The bill provides that
Henderson may sell certain old public
buildings and use the proceeds which
will be about $1,000 toward paying
for tower clock to cost about the
same amount for the new court house
at Hendersonville which costs 100000
The bill authorizes the commissioners
to levy a special tax TO pay for some
bridges the county has mad built.
which cost about $4,000. Reported
faVorably.
S. Il. 116. by Ward To amend Sec
ton sos of the Code of 1888. The
bill provides that the section be
amended by adding at the end of the
section the following: 1.-THE allotted
homestead shall be exempt from levy
so long as owned and occupied by
him, but when conveyed by him in the
mode authorized by the Constitution
(Article 10. Sec. 81. the exemption
thereof ceases as to liens attaching
prior to the conveyance. The home
stead right being understandable, the
homesteader who has conveyed his al
lotted homestead can have another Il
lOtted and as often as may be neceS-
sary.''
Mr.. Ward. Mr.. Mason of CASTOR.
and Mr.. Zollicoffer said that Chief JUS
Jice Clark and other justices had
favored the bill, and others of the
committee favored it, and it was sug-
gested that Judge Clark be requested
TO discuss the measure before the COM
mittee, and other judges be asked to
give their views, but this course was
not pursued, as the Supreme Court
judges may in that case give opin-
ions on what they may have TO give
decisions on in cases TO come before
them later. 1t was decided that it was
too serious a matter to be passed.
upon in an off-hand manner. and d
subcommittee of three. consisting of
Ward, Duls and Mason, of CASTOR,
was appointed to investigate the bill
and report to the committee.
II. b. 125, by Warren, of Jones. To
Public Laws of 1899, by adding at
the end of the section after the word
Wayne" the words Warren and
Jones'" Reported favorably.
$. b. 11S, by Eller. TO appoint J.
II. Pierce justice of the peace in
Wilkes county, and to allow him 10
practice law and that section p of
The Code shall not apply TO MIN, ex-
cept that he shall not appear as at
torney in case that has appealed
from him. 1t was stated that Mr..
Pierce was a licensed lawyer, but
that the bill would not permit him
to practice law if he were not licensed.
Reported favorably.
H. b. 126, by Graham. of Granville.
To prevent injustice by hasty re-
straining orders and injunctions with
out notice. The bill changes the
statute from "ten days" to mot less
than two days nor more than ten
days" The bill was referred to Ma
son, Fleming and Burton to be re-
ported favorably if it meets with their
approval.
s. 3. 129, by Aaron To amend
Sec. 1928 of the Code. relative to ex-
emption from jury service. providing
that all persons over sixty years of
age shall not be required TO serve as
jurors.
Mr. Vann said that if State can
furnish a man eighty years old 20
serve as vice-president. North Caro-
years younger to serve as jurors. Re-
ported uHfavorablv
H. 3. 141, by Simpson. of Union.
To amend Sec. of Chapter Al, Laws
of 1855. to extend the time for proof
of deeds. The bill provides for the
striking out of the words 'fifty-five" in
the act. and substituting the word
seventy The bill was reported I'M
favorably.
S. Is. 162, by Gillian. AUTHORIZING
the removal of actions where justices
of the peace die or become incaDaci-
tated before the final determination
of the same. Reported favorably.
S. B. $50, by Long, of Iredell. Re
lating to the number of jurors for the
second term of the Superior Court Of
Iredeil county. The bill increases the
number of jurors from eighteen to
twenty-four Reported favorably,
amended making the act apply also to
Rowan county.
S b. Al, by Wright. Amending
Sec. 1927 Of the Code A substitute
was offered by Sinclair, striking out
all after the word striking in line
one down TO word "out' in line four.
Substitute reported favorabIy
II. b. la. by Daniel. To confer on
justices of the peace jurisdiction to
try and determine offence of unlaw-
fully riding on railroads. The bill
dfHcnQS OEo Laws VI loVv' ny
adding at the end of Sec. one. after
the word "mihdemeanor" the follow
ing: and upon conviction thereof
shall be fined not exceeding fifty dol
lars or imprisoned not more than
thirty days. The bin was reported
favorably.
The committee adjourned until next
Tuesday at $50 .. m.
Fish and Fisheries.
Mr. e +. Aydlett. of Elizabeth
City appeared before the Senate Com
mittee on Fish and Fisheries yester-
day in opposition to the bill of .Sena-
tn Vann. of Chowan, restricting and
regulating the fishing OF shad in AL
bemarle and Pamlico Sounts, and
their tributaries.
Mr.. Aydlett said that if the bill
passed it would mean the absolute
ccnfiscation of the boats and nets of
the people of Dare county, and that
the object of the bill was to prevent
the fish from being caught until they
get up into Albemarle Sound when
they are caught. in the great seines
pulled by tug boats IF certain sec
lions of this bill stand he said, Eve
would as soon YOU would pass an act
~; fch in, Of