CHAPTER CLX. AN ACT ENTITLED AN ACT TO RE-ESTABLISH BURNT RECORDS. lished. SECTION 1. The General Assembly of North Carolina do Records re-estab enact, That in all Counties where, by the casualties of war or otherwise, the original wills on file in the office of Clerks of the Courts of Pleas and Quarter Sessions, and will-books, containing copies, have been lost or destroyed, if the execu tor or any other person has preserved a copy of a will, (the original being so lost or destroyed,) with a certificate appended, signed by a former Clerk of said Court, and stating that said copy is a correct one, such copy may be admitted to probate, under the same rules and in the same manner as now prescribed by law for proving wills, and the proceedings in such cases shall be the same as though such copy was the original offered for the first time for probate, except that the Clerk who signed such certificate, shall on oath acknowledge his signature, or in case it shall appear that said Clerk has died or left the State, then his signature shall be proven by a competent witness, and the witness or witnesses to the original, who may be examined, shall be required to swear that he or they signed in the presence of the testator and by his direction a paper writing purporting to be his last will and testament. letters, &c. SEC. 2. That in any suit or proceeding at law, wherein it Judge to issue may become necessary to introduce such will to establish title, or for any other purpose, a copy of the will and of the record of the probate, with a certificate, signed by the Judge of Probate for the County where the will may be recorded, stating that said record and copy are full and correct, shall be admitted as competent evidence; and when a copy of a will shall have been admitted to probate, as provided in the first section above, the Judge of Probate shall thereupon issue letters testamentary. PUB. 25.] Where records lost or destroyed, duty of Clerk. SEC. 3. That where in such Counties other records have been so lost or destroyed, and such records would have furnished the only legal evidence of costs, due to former Clerks of the Superior Courts, Clerks and Masters in Equity, Clerks of the Courts of Pleas and Quarter Sessions, or of former Sheriffs, or of tax fees due to attorneys, and where, in such cases, by means of fiera facias returned without sale, or by any transcript or paper, now in the office of the Clerk of the Superior Court, a memorandum of costs, due either former Clerks, or Sheriffs, or fees due attorneys, can be obtained, it shall be the duty of the Clerk of the Superior Court, upon application of one of the parties to whom costs or fees are supposed to be due, to issue notice to the party or parties from whom they are supposed to be due, twenty days before any term of the Superior Court, setting forth the amount of costs due each of said former officers, and the amount of the tax fee, the time at which said costs or fees become due, with the name and style of the suit or proceeding in which they accrued, and citing such party or parties to appear at the next term of the Court and plead or answer: Provided, That notice shall not issue until the applicant shall have made oath before the Clerk of the Superior Court that such costs or fees have not been paid. On return of no- SEC. 4. That if, upon the return of such notice, the defendant shall enter pleas within the first three days of the term, then such case shall be entered upon the trial docket, and a jury may be empanneled to try any question at issue between the parties, whether it be the former existence and destruction of the record, or payment, and if said issue or issues shall be decided in favor of the plaintiff, or if the defendant shall fail to plead as aforesaid, then, in either event, judgment shall be entered for the plaintiff, and the Clerk shall issue execution. Proviso. tice Clerk to issue execution, Judges to have izdiction. SEC. 5. That the Judges of the Superior Courts shall have the same jurisdiction, in the re-establishment of lost or destroyed records of the Courts of Pleas and Quarter Sessions, by petition or otherwise, as was given to the Courts of Pleas and Quarter Sessions, by any law or laws before said Courts were abolished. repealed. SEC. 6. That all laws or parts of laws, coming in conflict Conflicting laws with the provisions of the foregoing sections, are hereby repealed. SEC. 7. That this act shall be in force from and after its ratification. Ratified the 10th day of April, A. D. 1869. CHAPTER CLXI. AN ACT ΤΟ AUTHORIZE THE COMMISSIONERS OF HERTFORD COUNTY TO LEVY A SPECIAL TAX. Court House, &c. SECTION 1. The General Assembly of North Carolina do For building Jail, enact, That the Commissioners of Hertford County may levy a special tax for the year eighteen hundred and sixtynine, on all taxable property in said County, not exceeding the amount of two thousand dollars, to pay the expenses of building a jail and Court House, and repairing certain bridges in said County; said tax to be levied and collected in the same manner as other State and County taxes are now levied and collected. Ratified the 10th day of April, A. D. 1869. CHAPTER CLXII. AN ACT CONCERNING THE ESTATES OF INSOLVENT AND The General Assembly of North Carolina do enact as follows: CHAPTER I. Petition of debtor. Schedule and affidavit. PROCEEDING BY DEBTOR TO BE RELIEVED FROM LIABILITY TO SECTION 1. Petition of debtor: Every insolvent debtor may present a petition in the Superior Court, praying that his estate may be assigned for the benefit of all his creditors, and that his person may thereafter be exempted from arrest or imprisonment, on account of any judgment previously rendered, or of any debts previously contracted. SEC. 2. Schedule and affidavit: On presenting such petition, every insolvent shall deliver therewith a schedule containing an account of his creditors and an inventory of his estate, as required in the next section; and shall annex to his petition and schedule, the following affidavit, which must be taken and subscribed by him before the Clerk of the Superior Court, and must be certified by such officer: “I, do swear (or affirm) that the account of my creditors, with the places of their residence, and the inventory of my estate, which are herewith delivered, are in all respects just and true; that I have not, at any time or in any manner, disposed of or made over any part of my estate for the future benefit of myself or my family, or in order to defraud any of my creditors; and that I have not paid, secured to be paid, or in any way compounded with any of my creditors, with a view that they, or any of them, should abstain or desist from opposing my discharge. So help me God." SEC. 3. Insolvent's schedule, what to contain: The insolvent's schedule shall contain, 1. A full and true account of all his creditors, with the place of residence of each, if known, and the sum owing to each creditor, whether on written security, on account or otherwise. 2. A full and true inventory of all his estate, real and personal, with the incumbrances existing thereon, and all books, vouchers and securities relating thereto. 3. A full and true inventory of all property, real or personal, claimed by him as exempt from sale under execution. SEC. 4. Order to show cause: Schedule to con tain. cause. On receiving the petition, schedule and affidavit, the Order to show Clerk of the Superior Court shall make an order requiring all the creditors of such insolvent to show cause before said officer, within thirty days after publication of the order, why the prayer of the petitioner should not be granted. SEC. 5. Notice of order: Notice of the contents of the order shall be published by Notice. the Clerk at the Court House, and three other public places in the County where the application is made, for four successive weeks; or, in lieu thereof, for three successive weeks in any newspaper published in said County, or in an adjoining County. SEC. 6. Summary proceeding before Clerk: If no creditor oppose the discharge of the insolvent, the Proceedings beClerk of the Superior Court, before whom the hearing of fore Clerk, |