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7 N.C. 331

Governor v. Bell

Supreme Court of North Carolina

Decided May 15, 1819

Supreme Court of North Carolina · decided 1819-05-15

From Wake. This was an action of debt to recover the sum of twenty-five pounds^ the penalty incurred by a Colonel of the Mi-Ktia, 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: ° .

Decided 1819-05-15

By the Court

¶1The 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 ivas an officer at the time, and hound to make the return. — The nonsuit was properly awarded, and the rule for a new trial must be discharged»

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