the opinion of this Convention relief should be granted said Sheriff, tain amount. SECTION 1. Be it ordained by the people of North-Carolina Allowed a cer in Convention assembled, That the said Hugh B. Guthrie, Sheriff of Orange County, be allowed the sum of one thousand two hundred and sixty-seven dollars and ninetyeight cents, ($1,267.98,) to be credited upon any taxes still owing by said Sheriff, in the order of the dates wherein the same were due. Ratified this 6th day of March, A. D. 1868. CALVIN J. COWLES, President. T. A. BYRNES, Secretary. CHAPTER XXXVIII. THE GOSPEL AND OF CUMBERLAND AN ORDINANCE TO EXEMPT MINISTERS OF ASSEMBLY OF NORTH-CAROLINA FOR CELEBRATING THE RITES OF MATRIMONY IN SAID COUNTY WITHOUT A LICENSE THEREFOR. WHEREAS, There is no Clerk of the County Court in Preamble. Cumberland County, (by reason of death of the late incumbent,) and therefore no one legally authorized to issue a license to persons desiring to intermarry; and whereas, D. G. McRae, J. W. Lett, and E. L. Pemberton, three of the Justices of the Peace in and for said County, have issued commissions to Ministers of the Gospel, and Justices of the Peace authorizing and empowering them to celebrate the rites between certain parties: now, therefore, SECTION 1. Be it ordained by the people of North-Carolina Ministers and in Convention assembled, and it is hereby ordained by the leased from penauthority of the same, That those Ministers of the Gospel alty. and Justices of the Peace in said County, who have, or may hereafter, solemnize the rites of matrimony under a commission from the aforesaid Justices of the Peace be, and they are hereby released from the penalty imposed by law for celebrating the rites of matrimony without having a license from the Clerk of the County Court of said County. SEC. 2. Be it further ordained, That this power and authority given to said D. G. McRae, J. W. Lett and E. L. Pemberton, shall cease and be of no effect from and after the time that a Clerk of the County Court in said County shall be appointed and shall qualify according to law. Ratified this 22d day of February, A. D. 1868. CALVIN J. COWLES, President. T. A. BYRNES, Secretary. CHAPTER XXXIX. John and Camelia Roberts divorced. AN ORDINANCE FOR THE DIVORCE OF JOHN ROBERTS AND SECTION 1. Be it ordained by the people of North-Carolina in Convention assembled, That John Roberts, of Chowan County, be and he hereby is divorced from the bonds of matrimony with Camelia, his wife: Provided, That it shall be lawful for the said Camelia to apply to the proper Court, and obtain such alimony as may be proper. SEC. 2. Be it further ordained, That this ordinance shall go into effect from and after its ratification. Ratified this 5th day of March, A. D. 1868. CALVIN J. COWLES, President. T. A. BYRNES, Secretary. CHAPTER XL. AN ORDINANCE CONCERNING WIDOWS WHO HAVE QUALIFIED SECTION 1. Be it ordained by the people of North-Carolina dissent. in Convention assembled, and it is hereby ordained by the Widow may authority of the same, That the widow of any testator, whose last will and testament has been admitted to probate in this State, since the first day of January, one thousand eight hundred and sixty-two, and before the first day of May, one thousand eight hundred and sixty-five, notwithstanding such widow may have qualified to such last will and testament as Executrix, be, and she is hereby allowed to enter her dissent to the same, according to the same forms as are now provided by law for the dissent of widows. be entitled to. SEC. 2. Be it further ordained, That in all cases where a What she shall widow shall dissent from the last will and testament of her husband, as provided for in the foregoing section, she shall be entitled to the same rights of dower as if her husband had died intestate: Provided, however, That no widow shall be entitled to the benefit of this ordinance, unless such dissent shall be entered within six months from and after the passage of this ordinance, nor in any case where the real estate of the deceased husband has been sold subsequent to his death, or has been divided between his devisees or heirs at law. SEC. 3. Be it further ordained, That this ordinance shall be in force from and after its ratification. Ratified this fifth day of March, A. D. 1868. CALVIN J. COWLES, President. SECTION. 1. Be it ordained by the people of North-Carolina Commissioners in Convention assembled, and it is hereby ordained as fol lows: That Victor C. Barringer, A. W. Tourgee and Wm. B. Rodman are hereby appointed Commissioners, whose Code in two parts. What the Code shall contain. Term of office. Commission duty it shall be to prepare a Code of Practice and Procedure in the different Courts of the State, and to reduce into a written and systematic Code the whole body of law of the State, or such parts thereof as shall seem to them practicable and expedient, and consistent with the provisions of the Constitution. SEC. 2. Be it further ordained, That the Commissioners shall divide the Code of Practice and Procedure into two parts, the one as a Code of Criminal Procedure, with the requisite forms, the other a Code of Civil Procedure, with forms thereof. SEC. 3. Be it further ordained, That the first division of the Code of Law must embrace the laws respecting the gov ernment of the State, its civil polity, the functions of its public officers and duties of its citizens. The second must embrace the laws of personal rights and relations of property and obligations. The third shall define crimes and prescribe their punishments. SEC. 4. Be it further ordained, That the Commissioners shall hold their offices for three years; but the General Assembly may continue their term if it shall be deemed necessary. SEC. 5. Be it further ordained, That the Commissioners ers shall report. shall report to the General Assembly at its first session after the adoption of this Constitution a general analysis of the Code projected by them and the progress made by them therein, and shall continue to report at each succeeding session of the General Assembly the progress made to that time. Code to be tributed. SEC. 6. Be it further ordained, That whenever the Com printed and dis missioners shall have prepared the Code, or any portion of the same, they shall contract with the printer of the State for printing of the same, and cause the same to be distri buted among the Justices of the Supreme Court, Judges of the Superior Courts, and other competent persons, for examination, after which the Commissioners shall re-examine their work and consider such suggestions as may have been made to them. They shall then cause the Code as finally agreed upon by them to be reprinted under the contract as aforesaid and distributed to all the Justices of the Supreme Court, the Judges of the Superior Courts and Clerks of the Superior Courts thirty days before being presented to the General Assembly; and the Penal Code in like manner to be distributed to the Solicitors of the State. SEC. 7. Be it further ordained, That the Commissioners shall from time to time specify such amendments, alterations and revision of the law as to them may seem necessary to carry into effect the provisions of the Constitution, and re. port the same to the General Assembly. Amendments. missioners. SEC. 8. Be it further ordained, That each of said Com-Salary of Com missioners shall receive a salary of two hundred dollars per month, while actually engaged in the performance of his duties as such. A suitable room in the capital shall be as. signed to said Commissioners as an office, and the necessary printing and stationery allowed the same. SEC. 9. Be it further ordained, That this ordinance shall be in force from and after its ratification. Ratified this 13th day of March, A. D. 1868. CALVIN J. COWLES, President. T. A. BYRNES, Secretary. CHAPTER XLII, AN ORDINANCE TO INCORPORATE THE CHARLOTTE CITY HALL ASSOCIATION. SECTION 1. Be it ordained by the people of North-Carolina Incorporated. in Convention assembled, That John L. Morehead, Robert M. Oates, Jonas Rudicill, Samuel Taylor, Thomas W. Dewey, Charles W. Alexander, W. I. Sater, and their associates, successors and assigns, be and they are hereby incorporate a body in law and fact, by the name and style of the Charlotte City Hall Association, for the purpose of erecting buildings and other improvements in the City of Charlotte, and shall possess and enjoy all rights and privileges and im |