Anson County, NC - Chaney Moreman - Act For Relief

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An Act for the relief of Chaney Moreman

Whereas at the autumn term, one thousand eight hundred and twenty
three, of the Superior Court of Anson county, upon the petition of
Benjamin Pratt, praying for the emancipation of Chaney Moreman, a
slave, the property of said Benjamin Pratt, for meritorious services,
such proceedings were had, that the said court, upon due proof of the
matters stated in the said petition, did grant the prayer thereof,
and did order, adjudge and declare the said Chaney to be emancipated,
and entitled, by the name of Chaney Moreman, to all the privileges
of a free born negro; and whereas the said petition and the memorial
and record of the said proceedings have been lost or destroyed, and
from the length of time since the said judgement was entered, doubts
are entertained whether the said court can order the same to be now
entered up as of the said term; and whereas, also, from the nature
of the case, it is doubtful whether suit can be properly instituted
for relief in a court of equity; and whereas the case is one of 
hardship and likely to result in injustice, without some provision
by law in that behalf; for remedy whereof,

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 said Superior Court of Law, either at the 
next succeeding spring or autumn term, upon the application of the 
said Chaney Moreman, to receive evidence of the contents of the said
petition and the proceedings and judgment hereupon, and of the loss 
or destruction of the papers or other memorial thereof; and upon
satisfactory proof of such loss or destruction and of the contents of
the said petition and other proceedings, to order and direct the said
petition, proceedings and judgment to be enrolled in the said court,
as a record of the term when the said proceedings were had and the
said judgment rendered.

II. Be it further enacted, That upon sufficient proof being made, either
by parol or record, that a decree of emancipation was ordered by the 
court agreeable to the petition of said Pratt, and that the clerk of
the court shall have neglected to enter the same on record as ordered,
that upon the said proof being made, the judge of the court shall order
the decree to be entered nunc pro tunc as aforesaid.


Source:
NC Archives
Public and Private Laws of North Carolina
1833-34
Chapter CX
Page 157

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This file was contributed for use in the USGenWeb Archives by
Guy Potts - gpotts1@nc.rr.com
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