shall forfeit twenty-five pounds to the use of the person suing for the same.-Acts 1800, c. 10.

If any tavern keeper, ordinary keeper, or keeper of a house of entertainment, shall suffer any of the games mentioned in the several acts of the general assembly of this state to prevent excessive gaming to be played in his or her dwelling house, or in any out house, or on any part of the premises whereon he or she lives, or shall furnish such persons with drink, or any thing for their comfort and subsistence during their time of playing, he or she shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined a sum not less than five pounds. And every person playing at any of the said games, in manner above described, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than five pounds.-Acts 1801, c. 17.

GAOLS-See Prison and Prisoners.

GIFTS.

Deeds of Gift of any estate of whatsoever nature, shall be proved in due form in the county court, and recorded in twelve months after the making, or shall be void.

This is the general and standing provision in the law; but the legislature is in the habit of extending the time for the probate and registration of deeds.

No gift hereafter to be made of any slave or slaves shall be good, unless the same shall be made in writing, signed by the donor, and attested by at least one credible subscribing witness; and unless the said writing shall be proved or acknowledged as conveyances of land, and registered in the office of the public register of the county where the donee resides, within one year after the execution thereof, if the donee be in the actual possession of such slaves; but if, under any special agreement made at the time of the gift, the donor shall remain in possession of the slaves, then the said writing shall be proved or acknowledged, and registered within the time aforesaid, in the county where the donor resides.

On all trials where such writings shall be introduced to support the title of either party, the due and fair execution of the same shall be proved by the subscribing witness; but if such witness shall be dead or removed out of the state, then the probate or acknowledgement and registration of such writing may be given in evidence.

Every person claiming title to any slave by virtue of a parol gift heretofore made, shall commence and prosecute his or her suit for the same, within three years from the passing of this act, otherwise the same shall be forever barred. Provided however, that infants, femes covert, persons non compos mentis, imprisoned, or beyond seas, shall have three years for bringing suit, after their disability &c. shall be removed. Provided also, that when any person shall have put into the actual possession of his or her child or children, any slave or slaves, and the said slave or slaves shall remain in the possession of such child or children at the time of the death of such person, he or she dying intestate, such slave or slaves. shall be considered as an advancement to such child or chil dren. Acts 1806.

GRANTS AND DEEDS.

Whenever there has been or hereafter may be an error by the surveyor in platting or making out the certificate to the secretary's office, or the secretary shall mistake in making out the courses agreeably to the said returns, or shall misname the claimant or otherwise so as such claimant shall be injured thereby, the claimant so injured shall prefer a petition to the. county court of pleas and quarter sessions where such land is situated, setting forth the injury he, she, or they might sustain in consequence of such error or mistake, with all and sin gular the matters and things relative thereto; and the said court is hereby authorized to hear testimony respecting the truth of the allegations set forth in the said petition: and if it shall appear to them by said testimony, or from the returns of the surveyor, or error of the secretary, that the patentee of such lands is liable to be injured thereby, such 'court is hereby required to direct their clerk to certify such facts as appear to their satisfaction to the secretary of state, who shall file the same in his office, and correct such error in the patent, likewise on the records in his office; for which service he shall receive four shillings for each and every patent so altered as aforesaid, except where the error was committed by the secre tary.

Any person who discovers there is an error in the registration of his, her, or their grants or mesne conveyances, shall be at liberty to prefer a petition to the county court, in the same manner as before directed; and on hearing the same, if appears to the satisfaction of the court that error has been

it

made, they are directed and required to order the register of the county to correct such error so made, and make the records by him kept conformably to the grant, mesue conveyance, bill of sale, or other instrument of writing, in which it appears such mistake has been so made. But a majority of the acting justices of the said court shall be present on the hearing of such petitions, and such petitioner shall prove to the court that he has notified every person having lands adjoining those mentioned in the petition, thirty days previous to preferring the same, and that he has notified every person who claims title to the land described in his said petition. Any person who may be dissatisfied with the judgment of any countycourt on his, her, or their petition, shall be at liberty to ap peal to the superior court as in other cases, and no petition shall be set for hearing the first term.

Where any person petitions for the alteration of a deed, mesne conveyance, or bill of sale, the same notice shall be given to the grantor of such deed or mesne conveyance.

The clerks of the county courts where such petition shall be preferred, shall receive the sum of five shillings for his services on each petition, and no more, to be paid by the party petitioning.

The county courts when they think necessary shall order the surveyor, and five freeholders who are not interested to ex amine and survey any disputed lands, to ascertain the lines, and to make return thereof to the said court on oath. expense to be paid by the party petitioning as aforesaid.

The

Seven, or a majority of the acting justices of the peace in any county of this state, who shall not be connected with the contending parties either by affinity or consanguinity, shall be considered a sufficient number to constitute a quorum, to hear and determine on all petitions authorised by law.

It shall and may be lawful for the several county courts within this state, on the representation of the original grantees, or their legal representatives or assigus, or persons claiming by, from or under their grant or grants, either by descent, devise, or purchase, to take full and complete cognizance of ali such titles, deeds, or other conveyances for lands lying within their respective counties, made and executed by the late lords proprietors of North-Carolina, or their agents, or by Henry E. McCulloch, Arthur Dobbs, Murray & Co. or their agents; and if it appeareth to them that error hath been committed, either by the surveyor in platting said lands, or by the grantor in executing said titles, they shall be empowered, through their chairman, to correct said error or mistake; which

said amendment when made by the chairman, shall be considered good and valid, and attested and countersigned by the clerk of the court, and a full and complete copy thereof entered on the records, and ordered to be registered. But the requisites incumbent on the petitioner, as set forth in the law, previous to hearing of his petition, shall be strictly attended to as to all petitions originating under or by the authority of the law, except as to the number of justices necessary to hear the

same.

In all determinations hereafter made on such petitions, where any person or persons may have made, or shall make him or themselves a party or parties to prevent the prayer of the petitioner or petitioners being granted, the party failing or cast shall be adjudged to pay all legal costs and charges; which are declared to be the same as in all other civil suits originating in said county courts, where the boundaries of land do not come in question.

When any error is ordered to be rectified, and the same has been carried through from the grant into the mesne conveyances, the court making such order, shall direct that a copy thereof be recorded in the register's books of the county; for which service the register may demand two shillings.

Deeds, conveyances, or bills of sale for lands may be acknowledged by the seller, or be proved by one or more evidences upon oath, within two years after the date, in the court of the county where the land lieth, or before one of the judges of the superior courts and shall then be registered.

Or if executed in foreign parts, may be so proved within one year after arrival..

The court, on motion of the party, may issue subpoenas for the witnesses, directed to the sheriff, who shall summon them five days before court; and the witnesses shall attend on pain of forfeiting twenty pounds.

See Gifts, Feme Covert.

GUARDIAN AND WARD-See Orphans.

HOG STEALING-See Cattle, Horses, and Hogs,

HOMICIDE.

Homicide, or the killing of any human creature, is of three kinds-justifiable, excusable, and felonious. The first has no share of guilt at all; the second very little; but the third is the highest crime against the law of nature that man is capable of committing.

JUSTIFIABLE HOMICIDE.

Justifiable homicide is of divers kinds. First, such as is owing to some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame; as for instance, by virtue of such an office as obliges one in the execution of public justice, to put a malefactor to death who has forfeited his life by the laws and verdict of his country. This is an act of necessity, and even of civil duty, and therefore not only justifiable but commendable where the law requires it. But the law must require it, otherwise it is not justifiable; therefore wantonly to kill the greatest of malefactors, a felon or traitor, attainted or outlawed, deliberately, uncompelled, and extrajudicially, is murder. And further, if judgment of death be given by a judge not authorised by lawful commission, and execution is done accordingly, the judge is guilty of murder. Also, such judgment, when legal, must be executed by the proper officer, or his appointed deputy, for no one else is required by law to do it, which requisition it is that justifies the homicide. another person doth it of his own head, it is held to be murder, even though it be the judge himself. It must, further, be executed pursuant to the sentence of the court. If an officer beheads one who is condemned to be hanged, or vice versa, it is murder; for he is merely ministerial, and therefore only justifiable when he acts under the authority and compulsion of the law. But if a sheriff changes one kind of death for another, he then acts by his own authority, which extende not to the commission of homicide; and besides, this license might occasion a very gross abuse of his power. The governor may indeed remit part of the sentence, but this is no change, no introduction of a new punishment. In some cases, homicide is justifiable rather by the permission than by the absolute command of the law; either for the advancement of public justice, which without such indemnification would never be carried on with proper vigour; or in such instances, where it is committed for the prevention of some atrocious crime, which cannot otherwise be avoided.

Secondly, homicides committed for the advancement of public justice, are, 1st, where an officer in the execution of his office, either in a civil or criminal case, kills a person that assaults and resists him; 2dly, if an officer or any private person attempts to take a man charged with felony, and is resistetl, and in the endeavour to take him, kills him; 3dly, in case