USA > North Carolina > Mecklenburg County > Charlotte > Directory of the City of Charlotte, N.C. [1896-1897] > Part 3
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Union-Jan. 27, 1896 ; Aug. 24, 1896; Jan. 25, 1897.
- Mecklenburg-Jan. 20, 1896 ; Mch. 16, 1896 ; June 1, 1896 ; Oct. 5, 1896; Jan. 18, 1897; Mch. 15, 1897; May 31, 1897. (All these Courts for civil cases only-)
Gaston-Feb. 17, 1896 ; Sept. 21, 1896 ; Feb. 15, 1897. Stanly-Mch. 2, 1896 ; Sept. 7, 1896 ; Mch. 1, 1897. Lincoln-Mch. 30, 1896 ; Oct. 19, 1896 ; Mch. 29, 1897. Cleveland-April 13, 1896; Oct. 26, 1896 ; April 12, 1897. Rutherford-April 27, 1896 ; Nov. 9, 1896 ; April 26, 1897. Polk-May 11, 1896 ; Nov. 23, 1896 ; May 10, 1897. Henderson-May 18, 1896; Nov. 30, 1896; May 17, 1897. TWELFTH JUDICIAL DISTRICT. Madison-Feb. 24, 1896; Aug. 3, 1897; Feb. 22, 1897.
32
COMMERCIAL LAW.
Buncombe-Mch. 9, 1896; Aug. 17, 1896; Dec. 7, 1896 ; Mch. 8,
1897. (All these are for civil cases only.)
Transylvania-Mch. 30, 1896 ; Sept. 7, 1896; Mch. 29, 1897. Haywood-April 6, 1896; Sept. 14, 1896 ; April 5, 1897. Jackson-April 20, 1896; Sept. 28, 1896; April 19, 1897. Macon-May 4, 1896 ; Oct. 5, 1896; May 3, 1897. Clay-May 11, 1896; Oct. 12, 1896; May 10, 1897. Cherokee-May 18, 1896; Oct. 19, 1896; May 17, 1897. Graham-June 1, 1896; Nov. 9, 1896 ; May 31, 1897. Swain-June 8, 1896; Nov. 23; 1896; June 7, 1897.
Abstract of North Carolina Commercial and Statute Law.
ACCOUNTS
should be made out in detail and it is unnecessary to attach an affidavit; the full name and surname, together with the residence of the party in whose name the suit is to be brought, should be furnished; if the claim belongs to a partnership, the full name, surname and residence of each member of firm should be fur- nished.
ACKNOWLEDGMENTS
may be made before any commissioner appointed by the Gover- nor of this State, or before a judge, clerk of court of record, notary public having a seal, or a justice of the peace.
ARREST AND IMPRISONMENT IN CIVIL ACTIONS may be made for following causes : (1) When defendant is a non- resident of the State, or is about to remove therefrom, and the action is for recovery of damages not arising out of a contract or for injury to person or character, or for injuring, wrongfully taking, detaining or converting property; (2) in actions for fine or penalty, or for seduction, or for money received, or for prop- erty embezzled or fraudulently misapplied by a public officer, or by an attorney, solicitor or counselor, or by an officer or agent of a corporation, or banking association, in the course of his em-
33
COMMERCIAL LAW.
ployment as such, or by any factor, agent, broker or other person in a financial capacity, or for any misconduct or neglect of office in a professional employment ; (3) in actions for recovery of pos- session of personal property, unjustly detained, where the property or any part thereof has been concealed, removed or disposed of, so that it cannot be found, or taken by the sheriff and with the intent that it should not be so found or taken, or with the iutent to deprive the plaintiff of the benefit thereof ; (4) when the de- fendant has been guilty of fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit; (5) wheu de- fendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.
No female shall be arrested, however, except iu actions for wilful injuries to persou, character or property.
The order of arrest must be obtained from a court, and is founded upon an affidavit made by the plaintiff or some other person in his behalf that sufficient cause of action exists, and that the case is one of those above mentioned. Before au order of arrest shall be granted there must be filed on behalf of the plaintiff an undertaking, with sufficient surety, in a sum not less than $100, conditioned to pay defendant all costs and damages which he may sustain if such order be dismissed.
ASSIGNMENTS
Assignec must within ten days file with the Clerk of Court a complete inventory of assets sworn to ; also must give bond, or be removed, if insolvent; must also file statements of sales and receipts every three months ; cannot sell any property until after ten days from date of assignment ; must file final account within 12 months; all creditors must file verified statements of their claim with the clerk before receiving any dividend. All debts of assignor fall due and arc payable on date of assignment. By act of 1895, it is provided that all conditional sales, assignments, mortgages or deeds in trust, which are executed to secure any debt, obligation, uote or bond, which gives preference to any creditor of the maker, shall be absolutely void as to existing creditors.
34
COMMERCIAL LAW.
ATTACHMENTS
may issue against the property of a non-resident debtor, or one who has departed from the State to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent ; or against a foreign corporation, or if such per- son or corporation has removed or is about to remove any of his or its property from the State, with intent to defraud his or its creditors, or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete any of his or its property, with like intent, whether such debtor is a resident of this State or not. The creditor procuring warrant of attachment must, within ten days, file affidavit in the Clerk's office, or before a justice of the peace, if the warrant is taken out in his court, stating the grounds on which the warrant of attachment is asked. The creditor is also required to give good bond and security for costs and dam- ages, in case the proceeding by attachment is wrongful or oppressive.
BILLS OF EXCHANGE AND PROMISSORY NOTES.
Grace is allowed on bills of exchange drawn at sight, unless there is a stipulation to the contrary, and the general rules of mercantile law are iu force as to all negotiable paper except in regard to protest.
BANK DEPOSITS
of less than $100 to the credit of a deceased person may be paid to next of kin, or person defraying expenses of last sickness and burial of deceased, without any legal administration. Deposits made by a married woman shall be paid out only to her or her order.
CHATTEL MORTGAGES.
Following is the form prescribed by statute for chattel mort- gages not exceeding the sum of $300:
I,. .... ., of the county of. iu the State of North Carolina, am indebted to , of.
county and said State, iu the sum of. dollars, for which he holds my note, to be due the day of.
A. D. 18 ...; and to secure the payment of the same I do hereby convey to him these articles of personal property, to-wit : (insert description) but on this special trust, that if I fail to pay said debt and interest on or before the day of.
.
35
COMMERCIAL LAW.
A. D. 18 ... , then he may sell said property, or so mueh thereof as may be necessary, by public auction, for cash, first giving 20 days notice at three public places, and apply the proceeds of such sale to the discharge of such debt and interest on the same, and pay any surplus to me.
Given under my hand and seal, this. day of.
A. D. 18 ...
[SEAL]
(Signature.)
The disposal of property mortgaged, without the consent of the mortgagee and with intent to defeat his rights, is a misde- meanor by statute. Chattel mortgages are not valid against third parties until registered in the county where the mortgagor resides, or in case the mortgagor does not reside in the State, then in the county where the chattels are situate, unless they consist of choses in action, in which latter case the mortgage must be recorded in the county where the mortgagee resides. Renewal of a chattel mortgage is not required to continue it in force until fully satisfied. Chattel mortgages may be foreclosed by suit in court or by sale, if they contain a power of sale.
COMMENCEMENT OF SUIT.
Process in court may be served ten days before first day of term. The action is commenced by issuing a summons and filing a complaint in the clerk's office. Actions before justice of the peace are commenced by issuing summons to be served on the debtor, which is made returnable at some time and place within the county, to be designated by the justice. Judgment can usually be obtained in two days.
CONSIGNMENTS.
Failure of a consignec to account for goods consigned may be the subject of both an indictment and a civil action. The latter is barred in three years.
CONTRACTS OF MARRIED WOMEN.
Married women eannot make a valid executory contract and are not personally liable for any debt contracted during coverturc; may make contracts if free-trader. Her real estate is not liable for debts of her husband. She is entitled to dower in all her husband's real estate after his death, and to a ycar's sup- port out of his personal property after his death. (See free-trader.)
36
COMMERCIAL LAW.
CORPORATIONS
are created both under general laws and by special acts. Any number not less than three may form a corporation for legitimate business. No reports of their financial condition are required to be made. Contracts by which liability may be incurred for over $100 must be in writing and have the seal of the corporation, or be signed by some officer of the company authorized thereto. In case of fraud on the part of an officer or stockholder, the statute makes him personally liable to the creditors in a suit brought in the name of the Attorney General. No statutes in relation to liability of stockholders for debts of corporation.
DEEDS.
All conveyances, deeds or other instruments, affecting the rights of a married woman, must be jointly executed by both husband and wife, and must be acknowledged or proved as to both, and the wife must be examined privily and apart from her husband touching her voluntary assent. Conveyances of lands, contracts to convey and leases of land for more than three years, to be good and available in law as against a purchaser for value or creditors, shall be acknowledged by the grantor, or proved on oath by one or more witnesses, and registered in the county wherein the land lies. Deeds are required to be under seal, though a scroll is sufficient.
DOWER AND CURTESY. .
The wife is endowed, upon the death of her husband, of one- third in value of all the land and other real estate which her husband possessed during coverture. Every man who has mar- ried a woman and had issue by her, born alive, after her death, if he survive, shall be entitled to an estate as tenant by the curtesy, during his life, in all the lands, tenements and heredita- ments which his wife possessed during coverture.
ESTATES OF DECEASED PERSONS.
Reasonable time is allowed the exccutors or administrators to settle cstates of deceased persons, but they must not exceed two years. Administrator must, within twenty days after his qualifi- cation, advertise for claimants to exhibit their claims at or before a certain day, which must be twelve months from the first publi- cation.
37
COMMERCIAL LAW.
EXEMPTIONS.
Every homestead, aud dwellings and buildings therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof ; or in lieu thereof, at the option of the owner, any lot in any city, town or village, with the dwellings used thereon, owned and occupied by any resident of the State, and not exceeding the value of one thousand dollars. Personal property of the value of five hundred dollars.
FREE-TRADER.
A married woman may become a free-trader at the age of twenty-one, with the consent of her husband : (1) by ante-nuptial contract proved and registered ; (2) by a writing substantially as follows, signed by husband and wife:
C. D., of the age of twenty-one years, wife of E. F., of .. county, State of North Carolina, with his consent testified by his signature thereto, enters herself as a free-trader from the date of the registration hereof.
(Signed) C. D.
E. F.
This writing must be proved before proper officer and filed in register's office in county where she proposes to do business.
HOLIDAYS.
January first and nineteenth, February twenty-second, May tenth and twentieth, July fourth, first Monday in September (Labor Day), December twenty-fifth, and the Day of Thanksgiv- ing, fixed by the Governor each year, are legal holidays. If any of these days falls on Sunday, the following Monday becomes holiday, and paper due on such Sunday is payable the Saturday preceding, and paper which would otherwise be payable on Monday shall be payable on Tuesday thereafter. When any of the above holidays falls on Saturday, paper due on Sunday following is due on Monday following; whenever any of such holidays falls on Monday, paper otherwise due on that day is payable on succeed- ing Tuesday. Papers due on holidays, when they occur on Tuesday, Wednesday, Thursday or Friday, and papers due on Sunday, not preceded or followed by a holiday, are payable the day before.
INTEREST.
The legal rate of interest shall be six per cent. per annum,
.
38
COMMERCIAL LAW.
for such time as interest may accrue, and the taking, receiving, reserving or charging a greater rate of interest, either before or after the interest may accrue, when knowingly done, shall work a forfeiture of the entire interest, which the note, or other evi- dence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person, or his legal representatives, or corporation by whom it has been paid, may recover back twice the amount of interest paid, in an action in the nature of action for debt, Provided, such action shall be commenced within two years after the. payment of such indebtedness. (This is also the Na- tional Banking law in regard to usury, but the State adds) : Provided further, that in an action, brought in any court of competent jurisdiction to recover upon any such note or other evidence of debt, it shall be lawful for the party against whom the action is brought to plead as a counter-claim the penalty above provided for, viz: twice the amount of interest paid as aforesaid, and also the forfeiture of the entire interest. And no costs shall be recovered by any party, whether plaintiff or defendant who may endeavor to recover upon any usurious con- tract. That this act shall not apply to contracts executed here- tofore.
JUDGMENT, EXECUTION, AND STAY OF EXECUTION.
Judgment may be obtained at first term after process has been served, unless the debtor pleads, answers or demurs to first complaint. Judgment rendered or docketed in Superior court is a lien on real estate in the county from the time it is docketed ; judgments obtained before justices of the peace, bind real-estate from time docketed in Superior court. Executions issued on judgments in Superior court are returnable to the next term of the court. Debtor may stay judgment of justice of the peace six months, by giving good security, when the amount exceeds one hundred dollars, not so long when the amount is under. There is no stay of execution in Superior court.
JURISDICTION OF COURTS.
Justices courts have jurisdiction up to $200.00. Superior courts, which sit in every county every six months have no limit to amount above $200.00 over which it takes jurisdiction.
39
COMMERCIAL LAW.
LICENSES. Travellers are not required to take out a license.
LIMITATION OF ACTIONS.
Actions on accounts and contracts not under seal must be com- menced within three years, and on a note under seal must be commenced within ten years, or the statute of limitation may be plead against recovery.
MECHANICS' LIENS.
Every building built, repaired, or improved, and every lot, farm or vessel, is subject to a lien for the payment of all debts, con- tracted for work done on the same, or for material furnished, but a vendor has no lien upon lumber for the purchase-money, unless the lumber was purchased with the understanding that it was to be used in building or repairing upon the purchaser's land, nor is a homestead right affected by such a lien. The lien attaches from the time materials begin to be furnished, and the notice relates back to that time. Notice of the lien shall be filed in the office of the Superior Court Clerk within twelve months after the com- pletion of the labor or the final furnishing of the materials. Proceedings to enforce the lien must be commenced within six months from the date of the filing of the notice, provided that if the debt is not due within six months but becomes due within twelve months, proceedings to enforce the lien, may be brought within thirty days after it is due. All sub-contractors and laborers, who furnish materials for the building or repairing of any house or other improvement on real estate, have a lien there- on for the amount of the labor or materials, which lien is prefer- red to mechanic's lien ; provided they give notice to the owner or lessee of the real estate, who makes the contract for such build- ing or improvememt, at any time before the settlement with the contractor, and after such notice is given, no payment to the con- tractor shall be valid as against the lien of such sub-contractors.
MORTGAGES
are executed the same as deeds, but are valid only, as against creditors or purchasers for valuable consideration, from the reg- istry in the county wherein the land lies. Mortgages are fore- closed by action in the nature of a bill of foreclosure, unless there be a power of sale in the mortgage deed, when the same
40
DISTANCES FROM CHARLOTTE.
may be foreclosed by notice, advertised for thirty days at the court house door, as well as in the manner prescribed in the mort- gage itself.
SUPPLEMENTAL PROCEEDINGS.
Judgment creditor may obtain an order for the examination of his debtor upon an affidavit, showing: 1. The return of an ex- ecution unsatisfied in whole or in part; 2. The want of known property, liable to execution; 3. The non-existence of any equit- able estates in land, within the lien of judgment; 4. The exist- ence of property, choses in action and things of value, belonging to the judgment debtor unaffected by any lien and incapable of levy ; third parties may also be examined where it is shown by the affidavit that they owe the judgment debtor more than ten dollars; on such proceeding, a receiver may be appointed and property discovered, ordered applied to execution.
Distances from Charlotte Over the Various Railroads.
SOUTHERN RAILWAY (GOING NORTH).
CHARLOTTE TO
MILES.
Harrisburg. 13
21
Concord.
China Grove. 34
Salisbury
44
Linwood
54
Lexington ..
61
Thomasville
71
High Point.
78
Jamestown 82
93
Reidsville
117
Danville
141
Richmond
282
Greensboro
4I
DISTANCES FROM CHARLOTTE.
CHARLOTTE TO
MILES.
Winston
via. Greensboro
122
Elkin
177
Wilkesboro
196
Mocksville 66
and Winston
149
Burlington
II4
Graham
II6
Haw River
I19
Hillsboro
I34
University
6
139
Durham
148
Raleigh
174
Selma 66
202
Goldsboro
66
223
Statesville
Salisbury
70
Newton
92
Hickory
60
IOI
Connelly Springs
III
Morganton
122
Marion
I43
Asheville
185
Norwood
85
SOUTHERN RAILWAY (A., T. & O. DIVISION).
Derita.
5
Croft.
IO
Huntersville
I5
Caldwell
I8
Davidson.
22
Mooresville
28
Troutmans
38
Statesville.
44
Taylorsville
64
SOUTHERN RAILWAY (GOING SOUTH-AIR LINE DIVISION).
Lowell
I6
Gastonia
2I
Kings Mountain
33
Grover
40
Blacksburg
46
Gaffney
55
Spartanburg
75
Greenville.
107
Easley
II9
Seneca .
146 Westminster 156
Toccoa, Ga.
I74
Gainesville, Ga. 214
Atlanta, Ga. 267
42
DISTANCES FROM CHARLOTTE.
SOUTHERN RAILWAY (GOING SOUTH-C., C. & A. DIVISION).
CHARLOTTE TO
MILES.
Pineville
IO
Fort Mill. 17
Rock Hill 25
Chester
44
Blackstock's
56
Winnsboro
71
Ridgeway
83
Columbia.
106
Lexington
I2I
Batesburg
I4I
Johnston
158
Augusta
I9I
SEABOARD AIR LINE (GOING EAST).
Matthews
II
Monroe.
24
Beaver Dam
34
Polkton
44
Wadesboro
52
Lilesville.
57
Rockingham
71
Hamlet
77 87
Laurinburg.
92
Maxton.
99
Alma
IOI
Lumberton
I20
Clarkton
142
Wilmington
187
Southern Pines via. Hamlet.
106
Sanford
I32
Raleigh
175
Wake
19I
Franklinton 66
20I
Kittrell
209
Henderson
217
Warren Plains
235
Littleton
250
Weldon
27I
Boykins
295
Franklin 66
312
Suffolk
332
Portsmouth
349
Paw Creek ..
SEABOARD AIR LINE (GOING WEST).
7
Laurel Hill
43
POSTAL RATES.
CHARLOTTE TO
MILES.
Mt. Holly
II
Stanley Creek
I8
Iron Station.
25
Lincolnton
32
Cherryville.
42
Shelby
54
Mooresboro
64
Ellenboro
67
Forest City
76
Rutherfordton.
80
Rates of Postage.
FIRST CLASS-Letters, all manuscript, all matters wholly or partly in writing, two cents for each ounce or fraction thereof, except postal cards. Drop letters 1 cent per ounce.
Whenever any package is sealed or otherwise closed against inspection, or contains or bears writing which is not allowed by law, such package is subject to letter postage, two cents per ounce.
SECOND CLASS-All newspapers and other periodical publica- tions issued at stated intervals, and as frequently as four times a year from a known office of publication, one cent a pound or fraction thereof. Newspapers and periodical publications sent by persons other than the publishers and newsdealers 1 cent for every four ounces or fraction thereof.
THIRD CLASS-Books and circulars, proof sheets, corrected proof sheets and manuscript copy accompanying the same, one cent for each two ounces or fraction thereof.
FOURTH CLASS-Embraces all matter not in the first, second, or third class, which is not in its form or nature liable to destroy, deface or otherwise damage the mail bag, and is not above four pounds for each package, except in case of single books weigh- ing in excess of that amount, one cent for each ounce or fraction thereof.
-
44
POSTAL RATES,
NOTE .- The Postmaster General has issued an order changing the rate of postage on a number of articles that have heretofore been rated as third class or printed matter. The following is the text of the order: "The character of paper as an article of merchandise within the meaning of the postal laws is not neces- sarily changed by printing or stamping thereon of words, letters, characters, figures or images, or of any combination thereof. Labels, patterns, photographs, playing cards, visiting cards, ad- dresses, tags, paper sacks, wrapping paper with printed advertise- ments thereon, bill-heads, letter-heads, envelopes and other matter of the same general character is charged as fourth class matter, that is: one cent for each ounce or fraction thereof."
POSTAL MONEY ORDERS .- Orders not exceeding $5, 5cts .; over $5 and not exceeding $10, 8 cts .; over $10 and not exceed- ing $15, 10 cts .; over $15 and not exceeding $30, 15 cts; over $30 and not exceeding $40, 20 cts .; over $40 and not exceeding $50, 25 cts .; over $50 and not exceeding $60, 30 cts .; over $60 and not exceeding $70, 35 cts .; over $70 and not exceeding $80, 40 cts .; over $80 and not exceeding $100, 45 cts.
The order for Registered Letters is only payable at the office on which it is drawn. The order should be collected within one year from date. Once paid, the department will not be further liable. 8c. and postage.
Doung & Selden,
Bank and Mercantile Stationers, Lithographers, Printers,
Blank Book Makers and Counting house Outfitters.
407 Exchange Place, Baltimore, md.
Blank Books of all description in stock and made to order.
Special price on envelopes printed and on letter copying books.
Write for Estimates.
Send Your Linen to
Charlotte
Steam
Laundry.
We Guarantee Satisfaction in Every Respect. Give us a Trial. Can Give You Either
Gloss or Domestic Finish.
Chas. F. Wadsworth.
Jas. W. Wadsworth,
J. W. WADSWORTH'S SONS,
LIVERYMEN.
Stylish Turnouts of any Description Furnished at a moment's Notice.
Carriages for Weddings, Balls, Theatres, Funerals, Etc., a Specialty.
Also Wholesale and Retail Dealer in Horses, Mules, Buggies, Wagons, Harness, Etc.
Sole Agents for Old Hickory Wagons.
1
CHARLOTTE, N. C. 'PHONE 26.
Mecklenburg Iron Works, John Wilkes, Manager.
Charlotte, North Carolina.
Manufacturers of Steam Engines and Boilers, . .
Water Wheels, Corn and Wheat Mills, Saw Mills, Cotton Presses, Etc., Etc.
GOLD
Mining
and Milling Machinery.
Castings in Iron and Brass of all Kinds.
Special and Quick Attention to . Repair Work.
We solicit correspondence and business, and having been manufacturing all classes of Iron since 1866, are prepared to advise our patrons to their best interests.
The Observer
Printing House
Best Equipped Office in the City.
CHARLOTTE, N. C.
Latest and Most Approved Modern Appliances for the speedy execution of PRINTING in the best manner.
DON'T PLACE YOUR ORDER FOR
'S
PRINTING
Until you see our Stock and get our Prices.
Largest stock of Flat and Ruled Papers in the State.
LETTER HEADS, PACKET NOTE HEADS, BILL HEADS, STATEMENTS, ENVELOPES, CARDS, TAGS, ETC., ETC.
Wedding Invitations and Visiting Cards, White and Colored Flats, Linens, Book, Cover, Poster and News Paper.
PRINTING INK AND PRINTERS' SUPPLIES GENERALLY.
THE
DAILY CHARLOTTE OBSERVER. :
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