Wake County, NC - The Governor v. Col. Thomas Bell, 1819

                          ~~~~~~~~~~

                           From Wake

Action of debt for 25l. the penalty incurred by a Colonel of the militia, 
for not making a return to the Brigadier-General, as directed by the act 
of 1806, relative to the militia. The certificate of the Adjutant-General, 
is evidence under that act, only of the delinquency of the officer. It is
not evidence, that the person sued, was an officer at the time, and bound
to make the return.

This was an action of debt to recover the sum of twenty-five pounds, the
penalty incurred by a Colonel of the Militia, for failing to make a return
to the Brigadier-General. Upon the trial, the Plaintiff offered in evidence
the following certificate of the Adjutant-General, to wit:

"State of North Carolina.
"I do hereby certify that Thomas Bell was Lieutenant-Colonel commandant
of the regiment of militia in Camden County for the year 1815; and that he
the said Thomas Bell did not as such, make his military return to the 
Brigadier-General of the brigade in which Camden County was included for
the said year, as directed by the law in such cases made and provided
Given under my hand and seal at Raleigh, this 15 October, 1818.
                             "Robert Williams, Adjutant-General
                              of the Militia of North-Carolina. {Seal}."

And no further evidence was offered on behalf of the Plaintiff. On behalf
of the Defendant, it was insisted that under the act of 1806, relative
to the militia, the certificate of the Adjutant-General was evidence only
as to the delinquency; that it was no evidence of the Defendant's being
the Lieutenant-Colonel commandant as stated in the certificate - and
of this opinion was the Court; and the Plaintiff was non-suited. A rule
for a new trial was obtained, which upon argument was discharged, and
the Attorney-General on behalf the Plaintiff appealed.

By the court: The act of 1806, makes the certificate of the Adjutant-
General, proof of the delinquency only of the officer. To render the
Defendant liable to the penalty, it is necessary further to prove that
he was an officer at the time, and bound to make the return. The nonsuit
was properly awarded, and the rule for a new trial must be discharged.

Source: North Carolina Reports, May Term, 1819


______________________________________________________________________

Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm

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