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1792 23 (1792)

handle is hein.ssl/ssnc0151 and id is 1 raw text is: At a GENERAL ASSEMBLY, begun and held atNcwbern, on the fifteenth 1792. 21 Day of NOVEMBER, in the Year of our Lord One Thousand Seven Hun- dred and Ninety-Two, and in the Seventeenth Year of the Indepe:nlence ^ . of the said State: Being the First Session of the said Assembly, coVetnur. An a& for ratfing a revenue for the papnent of the civil 1jl and contingent charges [ :Vernint fir the year CRAP. 1. of our Lord one thoufandfeven hundred ad nincty-thrcc. T zonrI. ,AIn aR to amend the revenue laws ofthisjfate, and to direR the imode in *which thfe who hereafter Ihall complain cHrA. 2. of its frlgments may obtain redrefr. W HEREAS the due colleaion of the taxes and of the artcars due the flate, is impeded by the manner Ante p. #. and in which injunalons and other procefs iffuing from the courts of equity are obtained by public debtors: a a! Lene. I. Be it therefore enaced by th' General AJembly o the Jate of North Carblina, and it is hereb'y earted 1, the authority ofthefame, That noa injunaon bill or other procefs in equity, requiring a Ilay of any executi- on obtained againit a citizen or citizens on the part of the flate, thall be granted by the Judges thereof, Mnncr cr a0. or any of them, until the complainant or complainants ihall firil produce a receipt from the public Trea- taaming injun.. firer, thewing the aLual payment and difcharge in full of all fuch part of the judgment obtained as afore- noI , c. faid as he or they by their bill of complaint fhall not on oath be ready to declare is unjuft. II. And be itfurther enac7ed, That all injunalons and other prdcefs which may hereafter h2 obtained where return- as aforefaid, in confequence of judgments to be had by the flate, thall be returnable and returned to the ble, c. court of equity for the diltria of Hillfborough, and the hearing and decree in fich cafes fhall be had in that court on'y. III. And be itfurther enac7ed by the authority aforfaid, That the Judges of the fiperior courts of law Certain causus and equity in this ftate, fhall, upon motion of the Attorney or Solicitor-General, order all injunclions ud rcimn.vd. other caufes of the nature aforefaid, wherein the flate by its oflicers is a party, now depending in any of the feveral courts of equity in this Rtate, together with all papers and documents in the faid courts relating thereto, to be transferred and tranfmitted to the docket of the court of equity for the difiriai of Hillibo- rough, there to be proceeded on and finally determined. IV. And be it further enaLed, That it fhall be the duty of all Sheriffs or coroners, upon receiving any ex- Duty orsW . ecution at the inflance of the fblte, to proceed to advertife the property levied oil, for file, on the fecoiid vo on eeu. day of the court of his county next preceding the time when his return is to be maide, and thall expofe 'State. the fame for fale on the laid day at fome molt public place near the court-houle of the faid county, and 179, 3. not more than ten rods therefrom, from the hour of ten of the clock in the morning until three in the af- Pary repeal. ternoon, and fhall publicly cry the fame for at leaft one hour ; and it is declared tobe lawful for the faid ed,1Uo2, 19, Sheriff, and he is hereby required to Itrike off and make title to the faid property fo expofed, though there may not be more than one bidder therefor ; and that if on the fecond day of the term there be no bidder, then he is to continue to expofe the fame from lay to day during the term until a fale is made. V. And whereas it is proper that real efiates be fibjea to the payment of taxes when no perfonal pro- perty is found, and that the exifting revenue laws of this flate be amended : Be it therefore enac7ed by the authority aforefaid, That for the future any perfon or perfons failing to pay cither by themielves or through danadiarain- others, the public taxes for which they may be liable, in due time and according to law, and baving no able fur ta.. vifible perfonal property on which the Sheriff can diftrain, but being pofifled of lands within the county where fuch taxes became due and payable, it fliall and may be lawful for the Sheriff of fuch county, and be is hereby required to difirain on fuch lands, and to fell the fame or fo much thereof as hiall be fullicient for the payment of the taxes due, and the cofis of flch fale ; and (hall convey the lands fo fold to the purchafer or purchafers, which conveyance thall be good and valid in law; the lands fo tobe fold being firft advertifed for fiuch length of time as is by law required in cafes of execution. VI. And be it lurther ena ed by the authority afordlfid, That any perfon or perfons who have for the Pl:rchascr La. year one thoufand feven hundred and ninety-two returned, or who thall at any time hereafter return, as ble for taxes.

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