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An Act to amend an act. 1830-1831 35 (1830)

handle is hein.slavery/ssactsnc0128 and id is 1 raw text is: LAWS O NORTH CAROLINA. CHAPTER XXXVill An act to limit the time iwithjin which partles interested shall claim equitic 61 redemption in personal property hereafter mortgaged. Be it enacted by the General .8sembly of the State of North Garolila, a1ndtl it is hereby enacted by the authority of the same, That whenevcr any mortgagor or mortgagors of any mortgage ofTim limited personal property hereafter executed, or .his, her or their legal toIwo3ear$ representative or representatives shall fail to perform the condi. tions of the mortgage for the space of two years from the time of performance specilled in the mortgage, and shall omit to file a bill in equity, claiming iis, her or their equitable right to redeem such personal property for the space of two years after the forfeiture of the conditions of the mortgage, he, she or they shall be held and deemed forever barred of all claim in equity to per- sonal property mntiftgaged as aforesaid: Provided. nevertheless, Prodly nothing herein contained shall be construed to prevent any mort- gagee or mortagees from filing his, her or their bill in equity to foreclose any such mortgage at any time after forfeiture of the conditions specifled inl the mortgage: And provided further, that FurtlerprOv if any such mortgagor or mortgagors shall becomie lunatic or nou so. compus mentis, or remove heyond seas, he, she or they shall be allowed the further time of one year from the removal of such disability within which lie, she or they, or his, her or their legal representative or representatives may assert in equity his, her or their right to redemption. CHAPTER XXXIX. An art to amend an act, passed in the year one thousanl eight hundred and twen- ty-ine, chapter seventeen, entitled An aetto provide for a division of negroce and other chattel propert - held in common. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That whenever a petition is filed in the Count or Superior ilow to poi. Court, for the division of negroes and other chatte property held ca caseei- in common, as directed by the above named act, and either party be an inKanter concerned may be an infant or non compos, it shall be lawful for non compos. the court to appoint t guardian for such party, should there be no regular guardian; and if, in pursuance of said act, the court Ahall order a sale of the property, fr the division of which a petition is filed, it shall be the duty of the clerk of the court in which such petition may be filed, and order of sale made, or some other fit person to be appointed by said court, to sell the said n roes or other chattel property held in common, after giving ihirty days notice in three or more public places in the county by pub- lic advertisement; and the deed of said clerk or person so ap- pointed shall be deemed and taken as good and sufficient to con- vey to the purchaser of said property at such sale such title, in- terest and estate in the said negroes or other chattel property sold, as the respective tenants in common or joint tenants had; and the clerk or person appointed as aforesaid shall report to the court from which the decree of sale issued all his proceedings in such case; any law or custom to the contrary notwithstandings

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