The governor to make compensation to the superintendents. 13. The said volumes shall be published as speedily as practicable, and when completed and delivered to the order of the governor, the superintendents shall receive such compensation as to the governor shall seem just and reasonable, to be paid by the public treasurer upon his warrant.
The copies so printed to be received as evidence. 14. The copies of the revised statutes which shall be printed as aforesaid, shall be received as evidence of the law before all tribunals and in all places, in the same manner, to all intents and purposes as the originals in the office of the secretary of state.
[Ratified 23d January, 1837.]
CHAPTER 2.
ABATEMENT.
AN ACT TO PREVENT THE ABATEMENT OF SUITS IN CERTAIN CASES.
- Section
- 1. Suits not to abate by the death of parties.
- 2. Nor where a term intervenes between the death of a party and the qualification of his executor or administrator.
- 3. Nor while a contest is pending for administration or for probate of a will.
- 4. Nor by the marriage of the plaintiff―Husband made party to give new security for the costs.
- 5. Nor by the marriage of a feme sole defendant.
- 6. Nor by the death of an executor or administrator, plaintiff or defendant.
- 7. Action of ejectment on the death of the defendant may be revived against his heirs or devisees.
- 8. Court may appoint guardians for infant defendants in ejectment.
- 9. How service to be made when heirs or devisees are out of the State.
- 10. Actions of detinue or trover, or for injuries of real or personal property, not to abate by the death of either party.
- 11. Appeals not to abate by the death of either party.
Suits not to abate by the death of parties. 1.[1] 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 it shall and may be lawful for the heirs, executors, or administrators to carry on every suit or action in courts after the death of either plaintiff or defendant, and every such suit or action may be proceeded on by application of the heirs, executors or administrators of either party.
Nor where a term intervenes between the death of the party and the qualification of his executor or administrator. 2.[2] Where a term of the superior court of law, or the court of equity, or a session of the court of pleas and quarter sessions, shall intervene between the death of any plaintiff or defendant, and qualification of the executors or administrators of such deceased plaintiff or defendant, the intervention of such term or session shall not work any abatement or discontinuance of such suit.
