The Year 1838 to the Year 1846, inclusive,

Omitting all the Acts of a private and local nature, and
such as were temporary and whose operation has ceased
to exist.

BY JAMES IREDELL.

RALEIGH:

PUBLISHED BY WESTON R: GALES

1847.

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MANUAL, &c.

ABATEMENT.

1S46-7.-Ch. 45.

AN ACT in addition to the Revised Statutes, entitled

"Mills and Millers."

Mill suits

No trial or proceeding, now pending, or which may not to a be hereafter commenced, according to the provisions of bate. the said Revised Statutes, shall be abated, by the death of either the plaintiff or defendant, or the marriage of any female plaintiff or defendant therein; but every such suit and proceeding shall be held and taken to be within the operation of the first six sections of the Revised Statutes, entitled "Abatements," in the same manner, and to the same extent, as if such suits and proceedings had been expressly named therein.

APPEALS.

1842-3.-Ch. 1.

any in

file transcript of ap

SEC. 1. Whenever any appeal shall be granted from Clerks to the final judgment, sentence or decree, or from terlocutory judgment or order, rendered in any of the peal to the Superior Courts of Law, or Courts of Equity, in this Supreme State, to the Supreme Court, it shall be the duty of the

Court.

Clerk's fees.

Penalty for

Clerk, or Clerk and Master of such Superior Court of Law, or Court of Equity, to file such a transcript of the record of the suit on which the appeal shall be granted, as is required by law, together with the bond given for the appeal, with the Clerk of the Supreme Court, on or before the seventh day of the term next ensuing said appeal; such Clerk, or Clerk and Master, shall be allowed the sum of two dollars for such service in addition to the fees now allowed by law, to be taxed in the bill of costs: Provided, that nothing herein contained shall prevent the appellant from filing a transcript of the record as provided for in the 25th section of said Act.

SEC. 2. Any Clerk, or Clerk and Master who shall neglect. wilfully and corruptly fail to perform any of the duties herein prescribed, shall forfeit and pay, to the party appealing, the sum of one hundred dollars, recoverable by action of debt in any Court of record, and shall further be liable to an action on the case, at the instance of an person injured by his neglect of duty.

Felon una

1843-3.-Ch. 2.

SEC. 1. Hereafter, when any free person shall be convicted, before any of the Superior Courts of Law in ble to give this State, of any capital felony, and upon whom sensecurity tence of death shall be pronounced, and shall be desirous peal with- of appealing from the sentence of said Court, upon his

may ap

out it.

Master al

or her making it appear to the satisfaction of the Court that he or she is unable to give security for said appeal, it shall be the duty of the Court, by whom said judgment of death shall be pronounced, to allow an appeal to the Supreme Court without requiring the defendant to give security for the same.

Ch. 3.

SEC. 1. For all offences cognizable under the 41st lowed ap- section of chapter 111, Revised Statutes, the master of peal from the slave shall be allowed an appeal from the decision