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The North-Carolina standard. [volume] (Raleigh, N.C.) 1834-1850, April 09, 1845, Image 1

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Those persons who remit by Mail (postage paid) Five
Dollars wH be entitled to a receipt for Six Dollars
or two years' subscription to the Standard one copy
. .,, nr two coDies one vear.
,ff0f..,- - - - oin no
n nr I'M' nn t,
" ten ' " ok on
twenty" i I
JZfSSZwIvS mlllttfl
H"",? 'H P,,h 15) will be entitled to the Standard
Wnl vear free of charge.
one Yearreey cus y,nBa ii
. .. c n-rrs BHESTS, HOI BAtceui "K.f . ..., ... .
be inserted one time for One Dollar, and twenty-five
cents for each subsequent insertion ; those of greate
len-th.in proportion. Court Orders and luminal Ad-
nerlisememts win ne cwna "SLi5"T
higher than .ine aoove r. - -
per cent
t will oe maue to mose miumveiuscuj u.e
,'B.f;n.,.(;nn.u m mu
VBir irj" II MIC IIUIIII'CI t I l,V,l w ..... ......
ycai- vsz . , ... , , . ,
.' !r .u.. :u nnt;r.na ,mt;i nrtUn.,1 finf. i
r . ! th R.titor must comeree of oostatre. or they i
mav not be attended to.
t.t . Vl Uxr A rl cp m p n t a !
1CW xAi-j ftuiviMovuivixw,.
a Lamp to Burn Campliene."
FOUjTAL" LAMPS for Camphene or Chem
ical Oil, have become universally celebrated and sought
alter, a-! the most p irfect "Lamps" ever i nvented. They
meet the approbation and praise of all who use them.
1 rv all others, but do not fail to try the best, the chea
pest, ami a'love all, the Lamps that will give the gieat
..rht iviih thr Ipast exoense. Thev are the most
simple and easy to manage and trim, cannot corode or
become heated while burning, easily cleaned inside and ;
out, and not affected bv a draft or current of air. Leas
. , i I...: 1 1 . . .nlanlil licrKt' ? '
man nan a cenr per nour win gic . a ici.u...
' Trvone." Manufactured wholesale and retail by J.
O i-.iv. IS o. 13b r ulton slrper, i-un doiiuiiik,j
York, viz : Stand Lamps for Parlors with or without
Lustres; Suspending Lamps for Stores, Hotels ana
v nullum , -. -. r. ,
1 ' I I . I . I w.i 1 1 I . n u ' r
lllsiijs,Mi.u"iin,,u. .u.iC .
N. B Ladies, it you wish to preserve your eyesigiu
to a good old age, or want a strong and beautilul 'ighl to
,l Kit .In nnl tail tn irncnrp nnl nl'tllMf f.atf!l.t.
V UI K du ' , uv ' w . v. . . i
One in
rca 1 the finest print
Mar.h 19,
173 Pli.YRX STREET, One door above Pine Street,
RE now receivingby late arrivals trom Europe, and
a i . S - ii awi 11 am ,xf
iro:n nome lwanui.u-iureis, a ui wwnmcni w.
KYC'l'mid ST.1PLK DR Y UUUVS, adapted to tne
spring ira.ie,wnicntney oner oy me p.co u. i,
,: . 1
I h., r stork consists in nart ct
Cloths, CassimeFCS, Sattinets, Vesting, ;
,..,,..-,..., pr;nirIl tvi i
Brown and Bleached Muslin., various styles and prices,
Irish Linens, Linen Lawns, Scotch Ginghams,
Printed Muslins and Lawns new styles,
Batzorines, Alpaeas, Lustres,
Siik and Cotton Work,
S.lk and Cotton Velvets,
Fancy French and English Gamhroons,
Spring I'wecls sinsle and double width,
Check Gingham and Merino Cassimere,
Drab O'Etn lor summer wear,
American Pantaloon stuffs.
Brow n Hollands, Silesia.- and Paper Cambrics,
Cotton Hosierv bleached ;;nd brown.
I-ancyandsiik handkerchiels, Mbftuns, sewing siik anu
I Vi!- I
Corded Skirts Table Covers, Lmen l nreaa,
Jaconils, Cainorics. Gloves, Stc. fcc.
fry Merchants buying goods for Cash will find it to
their inttrej4 io buy ot US.
March, 1845. 540-17C
1 1 C ri A rv LJo, iSA-SOXU I 1 tV ADUlViH,
146 PBAKL ST. iEW lOlK,
Are receiving and offer for sale, at the lowest market
-. m ir r
prices avery la.gesto-kol
Cloths, CaSSimeres, WaistcoaltngS, and
. -
ling giras and trimmings of every description, for
Outfitters and Merchant Tailors.
those who resort to our market for their supplies
will find it to their interest to visit our store and exam- i
. ' '
ine our stock.
New York, Feb. 4, 1845. 537-8t.
1. A. BOOTH,
Importer and Manufacturer
F FRINGES, for Dresses, Curtains Carriages, ; bricks Scotch Qinghnins, Russian Diaper, large lot of , A cre1,t of b and 12 WU he given for
Rugs,&.c. Gimps, Dress C rd and Tassels, Ze- bleached and unbleached Shirting, Table Diaper, Brown the purchase money and bond with approved se
phyr Worsted, Canvass, &,c. Coat Coids, Cloak 1 assels, Linen, Pantaloon Stuffs, and many other articles in lhe curity required previous to delivering a deed.
&c. All kinds of Bindings and Fancy 1 rt re nnrrgs A
large assort oieut ol Whi'.e Cotton Fringes &.c Sec.
He invites attention to his assortment, which will be
kept full during Ihe season, as he will be receiving the
rtewest and most fashionable s.yles.
Offered by the Package or otherwise.
Terms and prices shall be such as to give satisfaction.
(KJ- All kinds of t.immings made lo order.
January 29, 1S45. 534-131.
One Hogshead prime
If not very superior, reiurp it.
A large lot of SPUN COTTON, made from new cot
ton and pure white numbers nor altered.
Also, several dozen ladies' dark assorted Kid Gloves,
and black do., just from New York.
Terms, fcrix months credit lor good paper, .or 5 per
cent, discount for the cash. T. H. SNOW,
March 26, 1845 642-'
Valuable Property for Sale,
By virtue of a Deedol Trust executed to me by Mr.
Francis L. Walthall, tor certain purposes therein men
tioned, 1 shalTpVoceed fo sell on the 16th day of April,
1845, on the premises, the following Propeity to wit :
HIS HOUSE AND LOT, situated in the eastern
suburbs of the City of Raleigh Also, TWO NE
GROES a girl, and a worn m ; together wiih. all his
Household and Kitchen Furniture. Among the Furni
ture are one splendid Mahogany Sofa, one Mahogany
Centre Table, one splendid Piano Forte, besides two
Clocks, two Walnut Tables, and two Bureaus.
The sale will be continued lrom' day to day until all
is sold.
Terms of Sale. House and Lot at six and twelve
months, with interest from date. -Other property, credit
ot sixty days lor all sums of fen dollars and upwards
Cash for all sums under ten dollars.
Selling only as Trustee I shall convy to purchasers
such title as may be vetted in ine, which is believed to be
good. ..- .
Those persons indebted to Francis L. WallhalTare
hereby notified to come forward and make payments to
me, as no other person is authorised to ive a discharge;
otherwise they wiil find their notes and accounts in the
hands of an officer for collection.
Also, To hire, at the same time and places a Negro
man by the name of Allen, for (he balance 6C the year.
W. WHiTAKEH, Jr. Trustee.
March 22, 1845. 542-lt.
Blanks for sale at this Ofllee.jrf
Rt. Rev. L. S. IVES, D. D. Visiter.
The next Session of this School will commence
on the 10th day of June, and continue :en months.
The Session will 'consist of two terms, of five
months each, and navrnents wil he reouired ior
each term in advance. The Summer term will end issuing from the Rocks in the lawn near the Dwelling
lhe l0Ul dav of Nov' The Winter term willjhnuse. This is a well built, well finished and showy
commence Nov. 1 1th, and end April loth. Tire ex- house containing seven good rooms, each with a nre
perience of Ihree years, has satisfied the Rector of i place, beside cellar, porticos, piazas closets, and China
. - , r u..: ,i. ' nrossoR. and in he m dst of soacious. well shaded and
. qc i urj ueu :rucv Ui iiavinu iwu ntuiiuus in
vear . ne i,as chosen a time fur the vacation, when
bo(J., and mind being relaxed by the transition from
Wjner to 8prinff, a release from the duties of the
School is required both by teachers and pupils,
when the traveling in anv direction is safe and a
, . , ,D . . . ,
ereeable. and when the health of the country is.
J -
,, arn lTiliorn rrwwl I'lirtlle imlcl pntpr Jl I 1 1 H i?fim-
everv where, ffood. PuDils must enter u the com
mencement of a term, and may be removed at the
mencemeni 01 a term, anu iiiav rcmuiru
end of,,. I. i. !.. .b.. .11 r:"
ai inv open., ly u. .h ..i .
,ur,,,rV "
C I 7V7 .1 . . I . , .. 1 . . . 1 K ...nftru ,11 , Km mill p lilr
de,ay ,n ..mering unless in um case ui a new stuu-
iar, or ot detention noin sicitiit-s.
The expenses of the School are:
For Board, and English Tuition, per
term of five months. $100 00
Tuition in French, 1 50
" in iVIusic. on the Piano or Guitar 25 00
with S3 00 for the use of Piano,
" on the Harp. 30 00
with S10 for the use of the instrument.
Tution in Drawing and Painting, 15 00
Pens and Ink. 75
N B. Beds and "bedsteads W furnished bv the
f.,..r.l X- ilnniKT viipalinn 10 I III
School : pupils are required to
ucuuiii" hiiu luwns, i nr ciuini
be disl incllv marked wilh lhe owner
.Mrs. Smedes will superintend any
. . . .... - . i
renis may autnor-ze meir ciiuaren io mahe iu nee
Cnv.hiii.no account Mr I be onened at anv Olore
without the express sanclion ol pan-iys or guar-
The reliatous services of Sundays being
I..U .UfUnj r f I.tiiminn b the Reeiur. I
a,Hl li ScWf; no place could surpass it and
: the plainest attire is all I hat they require. Extra
vagance in dress is opposed to the principles and
practice of ihe School, and parents, who entrust the
care of their children's wardrobe entirely to the
disccrlion of tue Bicior and his assistants, will
' never have occasion to complain 011 this subject.
Pupils are allowed to accept invitations in the
: City, for the day, only once a mouth; and never
for the evening. Thev have opportuniles of see-
n their friends at the Soirees, which are statedlv
..... .
. rtnnno the Ses.-ion.
T .
, hands of lhe Hector. In making pu. chases
lor their children, parents will have it .-peel lo the
. 1 . .
following regulations : 1 he ordinary dress of I'u-
nils, in V inter, will consi-t of -uch article ol Me-
rino, Mou-lm de L iliie, Calico, or UHighatn, ol
dark coh.rs, as they may have in their possession.
The diess of the school, lo be used on Sundays
and oilier special occa-ions, must be of Merino,
or Moi-slih de Laine, of a dark blue color, made
without trimmiirjr. The dress for the -Soirees
: must be of p ain white cambric, with no other or
;' nament than a blue or pink ribbon. Bonnets must
'be of imw, with a dark blue ribbon, in Winter,
and in Summer, with a iibboo of lighter color.
The ordinary diess for Summer, must-he of
Calico or Gingham ; the dress lor Sunday, of plain
wlle Cambilc. Lace in any form. Artificial How
' . , v v. I l l M w U II J U V OVI l" lUU VfttV. Vllllivij
j foi bidden.
I Kaleigh, April 1, 1S45. 543-lt.,
ore arii! lpu'iilloru if anu iLcpnrl fin ! r tJi.f .r.-lv
Superior Family Groceries,
"UST received, and for sale, at lowprtces, by the
Subscriber : such as SL'GA RS. o all aiHilities Santa
I Cruz, Porto Rico, and New Orleans. COFFEE Java, j
Layuira, and R,o. Pepper grain and ground Sp.ce .
,andGniKer, Teas, Molasses, Rice, Flour and Salt ; Ba-I
con and Lard ; al 1 of which will be sold low Ibr Cash. 1
Also, in .he Grocery line Candles, Soaps, Indigo,
Starch, Shot, of all sizes, Powder, Caps, Nails of all
sizes and a very large lot, which shall be sold as low as
any house in Raleigh will sell them. A large lot of
Iron, of all siz-8 ; Trace Chains, Castings, Pots, Ovens,
ttdetf'Skl Tea KetiJes, Curry Co bs. Spades,
Shovels and Forks ; a large lot of Sole Leather ; Frying
n all
""r' "
White Lead, and many other articles.
Drv fallfllU. CaWctit-H. ofthe la'.pst lv lf and nf
an colors; Muslins, L.aates latest style sonars ana
Handkerchiefs, Black Silk Handkerchiefs, Ponge co.
Wnite do., Ribands, all colors, Spool Thread, Tape,
white and black Flax Thread, colored and black Sewing
Silk, Tuck and Side Combs, Ores Combs, Bonnet Wire,
Stockings, Men'sCotton and Silk Handkerchiefs, Men's
Socks ; Eyelets, metal and ivory, Pins, Buttons, all
niialitia P'.inj Si I I Lr Uranl oil r-nlnN T h road FV1 itta
2""" '?! ?" ura,1 811 cA,ora ' JJ1. o'"3'
Dry Good line.
A large lot of Hardware. Knives and j
rorks, 1'ocket Knives, Hinges and screws, all qualities
and prices, Stock and Pad Locks, from the very best to
the most common ; b lies, of all qualities ; I acks, ot all
numbers; Iron and Steel Squates, Gimlets, Coffee Mills,
Blacking and Brushes of superior quality; Sillers, Cotion
Cards, Scissors, Iron and Brass Snuffers, of an excel
lent quality, Table and 1'ea Spoons, Spice Mortars,
Looking Glasses, and many other articles', such as Shoe
Knives, Awl blades, &c. &.c
A large lot of cheap Crockery. Plates,
a( -izes ; Cups and Saucers, large ot ; Bowls Pitchers,
Chambers, Dishes, and Common Tumblers, al of hich
will be sold low, as they were bought. low.
Straw Hats, of all qualities and prices -
All ofthe above Goods will be sold low for Cash, and
as my stock ol Groceries is very heavy, I am determined
to please all who will call and examine the articles; for
UftM4krftl MilA-' j
March 81, 1845.
Horse Stolen.
WAS stolen," tin Ihe night of the 26th instant, from"
my residei ce in Person ceun'y, my horse, sad
dle, bridle and martingals. The horse is a bay , six years
old, about five feet three inches hifjh, of fine appear- person in the Northern markets, within the last two
a nee, carries a high head, paces when forced, and higher weeks; and wiil jbe. sold from twenty .to twenty-five per
than common horses on the top of his MW ; the saddle cent, less than ordinary credit prices,. , Recollect that
is an old one, has been covered with nine broadcloth Oliver 8c Phocter have reduced the prices of clothing
which is torn off except around the edges; snaffle or in this cily, since their "commencement in business,
ring bit bridle, black leather and extra half rein to tie twenty fivre per cent .'
Avith ; an old pair of martingals, have-been broke and We ruw re urn thanks to our numerous friends, for
sewedvfogether wilh a waxen end. j the very liberal support we have received at their hands,
I have no doubt but that the said horse w, s stolen by a and hope, by attention and a desire to please, to merit its
young man named James vVinn, about 18 years of age, continuance. OLIVER & PROCTER
Smooth face, little or no beard, long hair, rather-slow P. S. The latest London, Paris and Northern Fash
spoken and speaks something of the nqrthem language, - ions, just at hand. - .
ordinary height and ehnnky built, weighs about one,
hundred and forty or fifty pounds He had on a blue
Kentucky ,Jeans coat, wgrn through on the elbows and
under fhe'arms, a pair of Casstnet pantaloons, steel
mixfld color about half worn, and an old hat which has
the appearance of being wool but is ttfr, tolerably wide
I will-give, twenty dollars reward forfthe apprehension
ofthe thief, or delivery of the horse.
r Roxboro', March 28, 1845 -143"-3fc
TWO apprentices fo the Printing Business. The
boys must ba " smart " must be able to read and write
nH h. iixMnrt fnr 9 fprm of vears. Bovs from the
counri-v n-nnM h . n referred. Aoolv ot the Standard
OflFfee L " ' '
" A Bargain in a Raleigh Farm,
MAY ba had by applying td the Subscriber on the
premises, or to Isaiah Respass Esq Tin Washing
ton, in this State, in that handsome, healthy and well im
proved Farm with 370acresTi land in a body, called
Margareira ; adjoining, the City lands, and only a few
minutes ride or walk distant frrnn the Capitol, Public
Offices, Court House, Banks, Stores. Churches and
Schools of the City of Raleigh, having the City open to
view. Thifn which, there is not a more desirable fami
ly residence, nor one capable of greater profit,.near the
! seat of Government. The Landscape is beautiful, the
: h-imv anri hpiiiifni w.ih oVlirions sonna water
; i T . ... '.
ornamented yards. The out houses are numerous anu
excellent of their kind. lhe land in its present neg
lected condition is capable of making 250 barrels ot corn
a year, besides other crops. . m
A little pains in a Market Garden and Dairy would
enable its owner to sell in the City, every day in the
vear 2 worth or upwards, of Milk, Cream, iruus aim
mukeon the farm 1509 worih of bricks, for Market.
. 1 1 'it... .iTti vim ' .1 piki if iniira. 1 uiu
- - - fiitnt fnp vrimliM
i fiUl sSSK 12
4j11 hmnrh. in the farm where has been a Mill, and trre
.... ...
dam and stones are still there and being leu Dy springs
( ( coud grjnj g houH ou, of eyery 24, and pay all ot
in toll dailv
building granite can be opened in the front field, which
would nay a rem of several hundred dollars a year. A
Rock Co'ters say that a surjace quarry oi me nnesi
r.ck wan encloses apart oi me ironi oi me n
maybe cheaply extended at pleasure. There is wood
enoutn niune iimnuniic use ui iiwiui,o,iujv;.j,
I .1 I 1 . . I ... i k.i . rr a rl c. itn A col I
$1(00 worth, to spare.
i JVIr.Charles Parish paid for this land in woods, nearly-30
'years ago, more than 6,000, as his Deeds in my possess-
j ion.show.and he certainly expanded mure han4 000 in
j its improvement. His Overseer says he raised on the
i tt, 1 oe i a...i in hnUc ,,r
Cotton, beside crops of wheat, oats, peas and pota oes.
r urn. some v eai s, uv idiu-i3 u, t.uin anv. -v
; propertv is obliged to steadily increase in value. As a
"IV sui 7 . " 7
mrAfai Si wnnlH h hivhlv nrnfi table oronertv.
or to a gentleman in the sickly country, who had, or had
not, children to educate, and desiring profit as well as
fiealth.n would be a very valuable acquisition. lor tne
certainly none can be had, that would answer so well,
at twice its cost.
This en ire property, with firm title and immediate
possession, can be hadat $8,000; one third Cash in hand,
and one and twoy,ears credit on I he balance, with inter
estor ail would be taken in North Carolina liank Stock,
or in Rail Ro..d Bonds endorsed by the State, or in ap
proved Notes, ot sums beyond glOO.
uras the atmcan tteaavan ueoii ,)
parts, I will so divide and sell each part separately, it
soon applied for: The front land lo the Mill branch,
. , .-. v
and up lhe branch to contain 100 acres, with the Man-
sum house and us out houses inciuuinc me miii pnvi-
j n
jouruiug it have recently sold from $33 to $55 per acre,
with little or no improvements on them. I he laud east
o,f u7.6,
hnelv wooded, and has the Overseers houses, two Grane-
iies,"and Threshing Machine. The tenant now there
expects to raise 100 battels of corn beside other crops,
on less than half the open land this year. 'Ihe City ts
open to its view, and a fine spring very convenient. It
may be made a beautiful family residence. The prrce
of this part, separately, is S3 per acre; alfho' adjoining
lands have lately sold" Tor 15 per acre. Ths Mtrd di
vision would beat.out 50 acres on Ihe Race Tract Koad,
adjoining Mr. RoikeVand Mr. Bovlan's lots ; there is a
haiuU'-me sctte lor hu; dins; on it, covered with a itrove
o. trees, the land is excellent and would make a fine
farm, and when Mr. Bovlan s lot is cleared if would
; isVloperacre, cUh VaU U. yeaV. Ad:
!jomi.g lands have often sold f.om $3Q to $50 per acre,
J. .... .
tho ritv in v- i vw Thn nrifP fr I hi nai't SOnarl t C 1 V
I unimproved, and will do it again
JOSKPrl B. HINTjON, Agent.
RaleiRh, N. C. March 1st, 1845.
513 3t
Tf , f VALUABLE LUT. .ituated
, . . , ... . . .
next below the Markel-.ouse in Kaleigh, belm.g-
g o the estate ot Mathew bl aw late ot said
City, containing seventy by Iwo bundled and leu
feet, will be made by the liusl es appointed by
will to sell the same, on the Monday of the next
County Court
May nex, at ,
t.letfen 0viock
week in .Mav next, ihe 19tb dav of
the premises, between the hours of
iu the lorenoon and one o'clock in
the afternoon.
Il will be offered for sale in three parts, so as to
form ihree lots or plats of grou d each .sixty feet
by seventy, with a lane fj alley between each one
and . the market lot, so that each one of the lots
shall have a building front and alley opposite to
.1,,, mnrL-pt Im and iho allv in f.nm in he kenr
open free for the common use of the owners of
... . .
these three lots and the public.
(X, aiAiuiiw SHAW, trustees.
Raleigh, 29th March, 18 15. 513-t.
r,.., . , , ,.,,r .-...in a oi vvnicn ann clover, tirow viii uo ine i.uiu , anu , m n wiiu n no pAmfnnn in iio rmnprMi ir
r ;i, .i,iH beina mosily red land, it is susceptible of high and per- jh- ..mmni, nn ' 0j cli, i' I legislature, to the
LL J I UUIMIO .TIIVUIU . ' - L i KWI1 III "II lll.l WI Vi VI'. V. HUM Oil (I II tX ICO I
' ninm in fnIL HnV" 'mproveniem oy p.ope. cumu.c. ' h sllhif.,., ,n nri mant an it ;e M ,uof ,u J". mu jrnncuise.
" - J ... . r., i t uiht nin am, I, n t "M UnlllV M UaCI on " -,- w. .v 1WVJ , ,,,,,, i lw ra cV iiuhuii 1 1 .
nurchaes na- : . m' ' "U " ' . . . . . ""1.1.- ind...n. ...u ,u ,1... a l8,KI,eu 10 a person,
i t nu :i 11 1 n r s ' ' u j vh ir 111 u is v f 11 . uuii 11c iiwn.jfcio"ifii 11 11 c lijij ut iiiiil v iiiflsuictii
a irran m iiirrnn, , n if, jiniu .'..i ill , nil n. iu ........v. ... i i . i i u , n iitw.i in , ,,i ui' w..vivv.,,ii i - . . . . . . . i .
....... ... - - -- - - ,, , '.e r . . ny ueprivmg us proprietor oi an estate or tning , sieau
of corn beside other crops, were made three sold by the sheriff, if. as the proDeity of a orivt-! 3 ,r . - ' S e . . . I '
i . r (v. i .o o ... ... u.i. . -ri nil ner il mpr fii mn ii(n mirrni rc cnunrmi nnn i
op,... .i:r.Mi.i..i,..ii,r... ,....vr.. it-ou rornoration. inev were not niiorreiner ex- ..- ... . ... r ,
Tk. ,... ( .1,1, ,r, t.nai,.lv. 5 imr i.... j ...... -. .-. .i .. iiermui io- iks exercise, wura, oi trie iwo, ine iran- .wusb
, payable hall m cash and ..all .none year, at inter- r " ' , n" . 1 cmse or me nrngm.e m.ng, me lormer is mucn . me
if well secured. Although Mr. Parr.sh paid for i"'- ... j the more valuable. We reo;ret. sincerely, that it estate,
of it $44 per acre, when in bushes, and lands ad- 11 neruioi io enter into mat question nere,
HAVE just received and are now opening at their I r . ' . . r l .u
store, fivedo .rs south of Williams, Haywood & far as respects the rights of the company, OT the
Co's Drug Store, a complete and elegant as orfment of private interest of its stockholders, those consider
Goods in their line, to which Ihey invite attention, em j ations, if true, could avail nothing for the debtor
bracing bine, Mark and ,7 CLOTHS of " every de- ! has no interest in the q(I(stion, fo whom the prop
scriplion; plau. and fancy CASSIMERES. doable and I .11 r r r- r .u - .
single milled; DRAP D ETE, plain and figuredfor e"y shall go after a sale of for the payment of
summer coats- and nrtfatoons : DRII.f.lNGS of everv his debts. That IS a Oliestion which, UI this case,
varieiv ; SCHALLYS, SATINS, figured SILKS, and
MARSEILLES; together with a general assoilment of
Fancy Articles,
to wit: Stocks, Scarfs, Neck-ties, Gloves, Suspenders,
Shirt Collais very elegant, &.c. Sec. .
The above Goiids will be manufactured to order at the
shortest notice, and can be recommended with great
confidence, having been selected by Mr. Oi.ivkb in
. Raleigh, March 25, 1845. 542-6t. 1
ISoot and Shoe ISaUing
T, HENRY PORTER has just received
from the North, a beautiful supply of
LEATHER of all kinds, and is fulh ore-
nared-lo execute al) otders at the shortest
notice. Grateturlor former patronage, he respecttully
solieit a eonti nuance of it, promising to his. customers
fidelity and despatch.
He nas just engaged the-services of Mr. Cromt.ry,
Well known as one of rfre"best Boot and Shoe thake'es in
the Union, and oan therr-for-promise, without, fear of
failure, to turn out as good work as cm be got in the
-Northern Cities.
Raleigh, March 24, 1845.
542 6t.
STATE In Scpremb Codrt,
FRANCIS E. RIVES, ) December Term, 1844.
The Dt'ff'nd.tnt was indicted in Northampton
County., for tearinj? up a part of the' Portsmouth
and Roanoke Rail Road, contrary to lhe 7ih
Section of the Act of Assembly, creating the Porte
mouih and Roanoke Rail Road Company.
He justified upon the ground that he bad bought
so much of the Road as lay in Northampton
County, at a sale made by the Sheriff of North
ampton, under an Execution, issuing on a judg
ment obtained against the Company by one
Rochelle, on a debt due by them to him.
The Court below having decided against the
Defendant, he appealed to lhe Supreme Court.
The case was argued at great length at the
Jun- Term. 1844. bv the Atlornev Gcneral.'R.
. j -
, jl . mi.uiC m.u trtwii, lor nits ouuf, anu o;iuei
.lull 1 1 :i 1 nr n inn i niin ri 1 f 1 1 i r t r 1 1 i , i n o i '
time tQ consjdpr and at Inst Term, throuo-h Chief
1 1 1 1 ; u u 1 1
, drrf .h, fcllWig OptatoO
This ensn was treated at the bar as depending
upon the question whether the. defendant gained
a right of propeity by the Sheriff's sale and con
veyance in the part of the road purchased, or in
; the materials of which it was constructed We
nr ,h. e.,Ki,t !,,,
i mjnK mat a proper view
j h s,atI0S JLj-L mni.p :, nfr,' ln nhstrnrt
. rAaA - ,1 . i I u .
I w urcl 113 muiei i,i iB, uuve in viewing
j acts of a person who is not the proprietor of 'he
j roaJ or materials, but acts wantonly and not in the
j PX(.rcise ( a ri , t T, spvpntf Sf.c,ion of th(,
. , . ..
' cnarier, lor exam me. nrnvides that it anv nor son
. , j.-- - - j
j shall wilfully injure the road, he shall lorfeit the
to the corpoiation. and lh;H cannot accrue when
one enters under the corporate conveyance, or tin
der a sale on execution against tbe corporation,
provio.a such- sale passes the property and the
provided such sale passes
prchuScr peaceably enters upon his rights pi
The mpn'ry, then, is, whether by the law of
this State the writ of fieri facias lies against the
land on which a rail road is laid out? lt-miehl
be material to distinguish betwei
, I If
n o roac use ,
iron and tirnb-r.
and the materials, such as the
., ;i,i -r .u .- u i
ZZZZ k. f 1 A cT '
easement or right of way over the land: for m
,h:lt MM lhn if .,u LoK-.id., i,,, r-.
. - i . . ' c r
' . , , , ,. . ... , ,
for two reasons lhe first, that the materials were
not severed, nor were they sold as distinct from
the land; and the second, that we think the cor-
-. . -
poration had an estate in the land, at least for a
ter.n extending far beyond the duration of those
materials, and therefore that they had lost i heir
distinct character as personal chatties, and were
sunk into the realty.
We hfre said that the corporation hod an es
tate in . the land laid off for the road. Both the ex-
piess provisions of the charter, and the necessity
- . ' . . , . . !
of the case, lead to that conclusion.
The. 3d sec-
Hon. enacts that. -alter the assessment and navment
tf lli A iinma rruc lim rrm nin ir a oiifoe 1 1 r-ts-vn ikfl
SVhofJTfc and ben-
1- r , mn u u ' 'u . "neir j. e ana o' n
i frit far lhA nnrnnao n: nrcorr inrr nnn L'njfttnr nn
f f g, s
efit, fo. the purpose of preserving and keeping up
I M 1 1 PAAil ft i i r i n r I r r rint in in nno - I hn r - r- .- . t L
lhe road during the continuance of the corporate
existence by the act given to them (which is
sixty years.) and declares that, in all things, the
company shall have the same power and authori
ty over said land so laid off during their existence
as a coi - poration- under the laws of tnis Stale, ns
though they owned the fee-simple therein. This
language can signify nothing less than that the
corporation is the tenant of the land, as the own-
er of -he ioS r8late fr the term of sixty years,
subject to the earlier determination of the corpota-
tion trom any cause. Most ol ine rail load char
ters in this State give an estate in the Jand in fee.
Some estate, indeed, is necessary to the preserva
tion or protection of the. road. It is true the act
gives a penalty of $500 for destroying any part of
the road. LJut that is an inadequate orotection
for an evil disposed person might burn a valuable
'bridge, or do some other injury far beyond that
I . I . 1 ' ' f I
penalty in vaiue, or mignt intruoe on tne lana
without actually obstructing the road, and in such
cases the company ought to have, and no doubt
has, remedy by action of trespass or ejectment, as
the tenants or owners of the soil. It is true, the
! act says the company shall hold the land " for the
purpose of preserving. and keeping up the road,
and it is contended that these, words, at leasfmake
the estate conditional, and that the condition is of!
such a nature as to defeat the estate, if not per
formed, and thence ft was inferred that there could
be no sale of it, inasmuch as that would prevent
the company from performing the condition. As
may arise between the reversioner and the pilf.
jcb;lS0C or between him and the public. An es-
tate, upon condition, is not necessarily exempted
from sale bv execution. But we do not regard!
those woids as creating a condition, in its proper
sense. They only assign the reason-why the law
vests ine 'siaic III me coi pui iiiiuii. x or uujeci hi
view was to have the road,. and f,hat is stated as
fhe justification ' of taking private property and
vesting it in the. corporation. After being thus
taken at the. full value paid lo the former owner
and vested in the corporation, we see no reason
why it should not be' considered as absolutely
vested in the corporation during iis existence, or
in its assigns during the whole rjeribd for which
it was taken. In the case of common nd free
highways, the public -have only. an easement and
therefore the remedy for obstructing tlie. passage
over it is by indictinejrit mertJy. But the estate,
tne right ofsoi!, remains in the original proprietor,
who has ;in action for injury to the land as the
owner of the soil, as he might have in respect to
;my other part of his nd. But in the case-of a
mil road, it would be mnnifestlyjncongxtrous not
to give fo -the corporation the action for destroy
ing embankrnents and the superstructure of the
road, which, the company erected with its funds,
but to give such action lo the original owner ol
ihe, land. Rrom the nature of things, therefore,
ihe necessary onstru0fcMl of a charter for such
a corporation tntist be W vest an estate inthe land
iir the company, unless it be clear that the contra
ry was intended.
Having ascertained thai the corporation baS ah
estate in. the land and not a mere easement., it
seems to follow, that such estate is irable to exe
cution. In reft-rence to corporations generally, it
certainly is true, that in oar law thetr estates, Veal
or personal, are subject to sale on feri fdcias in
lhe same manner as those of natural persons. By
the act of 1820, the plaintiff, in a judgment against
a corporation, is entitled to either a distringas or
fori facias, and they may be levied on the mo
ney goods, chattels, lands and tenements of the
corporation.' Rev. St. c. 26, s. 5. Therefore, it
is clear, that this land is liable to execution, un
less it -fee exempted therefrom cither by the ex
press provision of a statute, or the necessary in
ference of a legislative intention to that effect.
There is no such express enactment. If there
was, it would be conclusive : for, doubtless, the le
gislature can prescribe what shall or shall not be
:l.he s.ubrcts ot execution
But, it was contended
for the State, that such exemption arose from the
nature of the property vested in the. company and
its purposes. andTiorn the interest of the public in
the road. It was-nrgi d in reference to the inter
ests of the corporation, that the preservation of
their franchise of receiving toll, which depended
on their remaining in possession of and keepina
UP thp road' and their liability to penalties and
Pn,nS fr not k(JTinS" UP tne road, presented con-
siderations of so much more weijht thun anv
which the mere satisfaction of a debt-lo an indi
vidual does, that the law ought not to take from it
the land to which thati'ranchise is annexed. Wc
agree that-the franchise, itself cannot be sold. It
is intangible and vested in an artificial being of a
particular organization, suited, in the view of the
most proper and beneficial use
and, thert fore, h cannot be as-
natural or artificial, to which
the legislature has not committed its exercise and
emolument. VA e admit also, that the right of .self, to a forfeiture. . Now, although it be general
oassing or of transporting persons or things over ly true, that upon the expiration of a corporation
the laud of another for toll, is but an easement or its dissolution, unlets otherwise provided by
united with a franchise, and is not distinguishable j Statute, the real estate, undisposed of, will revert
in this respect from other franchises. Yet, it will :to lhe donor or original owner; yet, that is only
not follow, that if the grantee of a franchise; true as to such estate as remains in the corpora,
whether a natural person or a body politic, h?s a tion at. the moment of its dissolution, and does not
vested propeity in a tangible, personal or real i apply to such as had been divested out of it either
tn'DSi 'hat. such thing may not betaken in cxecu -
t- although it be useful or indispensable to lhe
', cf. , . T . ,
iiiusi uciirutiui ui Bfcu buy wiioytmrm oi lucirna-
chiae unless, indeed, it be declared by the legis-
. ' . . .i . . ,
,atu,e not 10 be ,,-,b,e t0 distress or sale.. It may
I be very unfoitunate, nnd cause much Joss in a pe -
cuniary sense lo arrest lhe exercise ot a tranchise
has hitherto escaped the attention of these com-
parties, and of the legislature, that some act was
necessary in order that such sales, when unavoida-
ble, might be made with the least loss to the debt-
ois, and the greatest advantage to the creditors and
purchasers, by providing for the keeping of the
franchise with the estata Or, if it so please the
legislature, an act might provide for putting the
road into the hands of a receiver, and subjecting
the income lo lhe creditors, instead of tlje estate in
the land, stripped of the franchise. But nothing
of either kind has been done, and those are con-
ci ioi"hnic frtr t Ii r lorriclnfnro n c m thoir fi it it ro ar.
.. . . a . ..
I istn onri ionnnl in ri iuaM f ho A on loinn rl trto
. ' i. .
" " vT "? ST l!t
rallons under a different state ofthe law. The
- . . . .
I istlonfoi.usj betvewca the on the
1 - . ... "
one hand, otsubjecting the tangible property of
this corporation to sale for its debts, although at
the expense of suspension or loss of its franchise,
or, on the other hand, of saying that the creditor
has no remedy whatever, and that the corporation
may keep its property and enjoy its profits in de
fiance of moral right and the process of the law.
Between these alternatives, a court of Justice c.arr
not hesitate. If the corporation has means to pay
its d'-bts and will not, or if it has contracted debts
which it sis not pble lo piy without, a salo of its
propeity, we can only say, that it is lhe duty of
lhe Court to enforce payment by a sale of the cor
porate property, bcthe consequences to the pecu
niary interests of the corporation what they may.
The law is not responsible for those consequen
ces ; - but they have been brought on the corpora
tion bv the want of integrity or prudence in iis
management. It is a sacred principle of justice
and law, applicable alike to all persons, natural
and corporal that the obligations of contracts
should be, enforced, and the debtors prevented from
retaining llieir fsrpperty to the disappointment of
creditors. And it is likewise a principle of equL
ty and policy that all debtors should be placed on
the same footing ; and consequently, that what one
is compelled to yield up to his creditor, another
shall not be allowed to keen to his own use.
Against the operation of those sound and salutary
maxims of-morals and law, it requires much more.
to be opposed than an argument ot inconvenience,
that the debtor loses much more than the creditor
gets. Still, it is to be replied, that the creditor is
entitled to his debt at all evenls, and ihat he ought
to have it, even at that, expense rather than not at
all. Therefore, anicxecution against lhe proper
ty of a corporation, which, the law expressly
gives against all co.rpo rations, must be Satisfied
out of its property, provided only that such prop
erty be within the. description of goods, chattels,
jaiids or tenements. When the law awards an
execution of ihat kind, Iiqw can the Court say,
without a direction from lhe legislature, that it
shall not be served on chattels or certain lands of
the corporation, because it would be a detriment
to the corporation to be deprived of them. There
is no mischief in the case comparable to that of
leaving just debts unpaid : debts necessarily -coh.
tracted for the labor or property of the creditor
employed in constructing the road.'r That would
be the view properly taken of the law, if there
were no special provision m the charter of this
com p iny, denoting an intention that its properly
should be liable to execution. But there i an ex
press provision of that kind. By .the charter the
company has the faculties of suing, and being
sued, and- is to enjoy all the rights, privileges, nnd
immunities of a body poljt.icj Jjnd by the fourth
section, for the damages assessed for entering- on
land and taking stone, earth and tjmber for mak
ing the Road,, the execution is expressly given n
gainst this, " as against other corporations:" It is
true, that the act specifies but one case, in which
it ogives execution. But thereis no reason why a
peculiar preference should be given to that de
mand above all others, as io the mode of obtaining
satisfaction. That case was particularly mention
ed, because it was proper to ive a summary as
sessment of the damages and speedy satisfaction of
them, as a jurisdiction for the taking of prirate
rproncrty. y. , . r . :
But when another deb is reduced to judgment
by the regular course of law,- that ought also io
be satisfied in like manner ; and hence, .he par
ticular case mentioned in the act is not to be look
ed pa as one to which a peculiar remedy is an
nexed, but, rather, as an example of lhe mode, ip
which payment- of lhe debts of this corporation
vvas lo be obtained, that is, by making its proper
ly, including, of curse, all its propeity. .linbj.y tp
execution for its. debts, as the property of corpora
ijnns generaly is liable on execution for their debts.
In other words, it was not intended to discrimin:
uie b tweeo rail road corporations arid other cor
poiations as to their duly of paying debts, or tha
modes of coercing them to the performance of
their duty. It was admitted by the Counsel for
the State, that this proposition must be received as
true, in respect to all the other property of tha
company, except the land on which the line of
roads run, such as the cars, locomotives, supply
of wood, lumber and iron not laid down, and land
purchased for depots; but it was insisted that it
was different with respect to the (and forming the
road itself! The exemption of that was claimed
upon the ground that, by the sale ot it. the cor:
poration itself ceased, so that co instanti the land
reverted to the former owner, and, consequently.
the purchaser
r got not h in 2;; and so. as the law
does nothing in vain, and especially when attend
ed with such destructive consequences, it was in
ferred that there could be no such sale. But the
position is not true, that the corporation is dissolv
ed by jhe ?ale of a part of the road, nor, indeed,
immediately upon the sale of.tbje whole road, as
it seems to us. It may because of foifeiture, if
insisted on by the State; and without any prose
cution, it may, in process of lime, amount lo a for
feiture! dut. by the express provision of the
i Statute, it requires disuse of the coponite privi-
j lejjes and powers for two years to amount, of it-
1 by iis own actor by the acl of law. In this case,
'therefore, the sale was not vain, but the purchaser
- .tTA..L. U .i," i....j ...i.ilu ui ' .l.
lup.vamw iu ifiu .anu vvihcii ,ut'iuii"s iy ine
company. If that was not so by the common
t, 1 . J . , ... , i
, law, it would, we think, necessarily bo so upon
; the construction of our Statute, which oaves lbs
writ ol ten facias against the company: for. in
or arguinghat there should be no sale, bs
t.he purchaser ffets riothino;, the aio-iiment is
oth er.way, .that the purchaser does get ilia
because the sale ol il is authorized : and.
thereore, even upon a subsequent dissolution of
the corporation, the land would not revert until bv
lapse pf time. IM charter would have expired,
But, really, there is no more ground for exempt
ing the line of road than the other property of the
company :. for its operations, the beneficial use o
the road either to the company or the public, is as
effectually suspended by the sale. of all its other
effects as by that of the road itself. Indeed jt
must be supposed, tinder our law, ihat in person
al effects have actually been sold, or are purpose,
i ly withheld and concealed by the company j ,bo-
r i tif l ho h p r i fT nnnnnt ri rhtii I Iir .. 1 1 1 1 rA i-Vi .L
I hprn ti ro norennn I r rt r 1 1 1 PQ I f qa llion Irin nrnrli.
... t-..i-- .i. ..- ,r
. .
1 1 W "T' ' f" T
land for bis debts, and for the reasons already
l-;4 i : 7 ' . . i-
given, it must .go rather tliau he should be defraud
ed of his debt?.
The question has thus far been considered irj
reference to lhe conflicting claims ol the creditor
and the coporalion to the protection of the law.
The counsel. for the State, however,, interposes,, as
a further and distinct objection . to the s. tie of the
road, the right of ihe public to the use of It iis a
highway, and the nectss(y - that the company
should retain the road, to enable ,it to perform its
duty to the public by keeping it upas a highway.
This position rests on the assumption that because
the road isn highway rt is ex vi termini . not lia
ble to execution. iSlow, we cannot assent to that
proposition in the cxtenj here laid down. Its
correctness depends on the sense in whicH the
term ,l highway " is useclj and on the Legislative
intention as to the liability of the property of
rail road companies for their debts ; Tthe. Court
said in the case of the Raleigh & Gat on ft. R.
vs. Da vis, 2 Dev. J& riat. 451. that, a rail road is
a highway; but it does not ollowa.nd ceitainly
if was not intended, that il should be understood to
be a common public highway, on which ail citi
zens were free to pass, and which,. from ri cesity,
could not be the subject of execution, because
there is no estate in the public, and because the
easement is exclifsivelf iq the public. In that
respect there is iarl essential difieTencebrtween the
one kind of roads and the pther. &ul roads, al-
though pubtici juris in some, respects, are the
subjects of privhte property, and it is in the latter
character that they are liable W be; sold, unless
forbidden, by the Legislature: not tbe franchise,
bui the estate of the corporation, in the land,
which is a distinct thtng from the franchie. iti
the sense, that the land and other things taken foritfl
construction are taken for a public use, inasmuch
as it is a mode of opening a Venues of communi
cation between different parts of the State, and
with other States, and. therefore, that it was a pro
per exercise of the right of eminent domain, we
think the. expression was correctly used. We
h tve rto doubt, too,, that is so in some respects
aS'tb the modes ..of enforcing iis due reparation
and punishing its obstruction. The latter is ex
pressly made an rhdictabte oflfence, as i? shown by
the case now under consideration. The State
may corarpel the company by mandamus to mako
calls on the corporators to the full amount of their
subscriptions, and lay out the who)e capital and
the profits in const! ucting lhe road and keeping ft
in repair, if adequate nnd necessary So that end.
Tht case of the Senern Wye Railtoatf Com
pany, 2B & Aid. 646. So, while the company
is in possession and using the road, it most be in
dictable for non.repair, upon the s illed princi
ple that they are bound to repair by their engage
ment to Kbe public in accepting their charter
and occupying the road. But that it is a high
way in ihd snse that it is not the subject of exe
cution, is quite a different thing. That depends
upon the Legislature and the silence of the
Legislatures to tbe liability of it to execution, !:
cessarilyjeaves k thus liable. Roads 'ifthiskind
have peculiar properties having a do ble aspect,
the puhlk service and pri vale profit. boik
most necessarily yield, in honesty nn4 fastitft I
(he consequencts of tbe . imprsct:cability ot cbtt-
strucung and keeping up the rona oy two means

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