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384 LAWS of North-Carolina.
A. D. 1768. at whofe Inftance the Subpoena ifilied, Three Half Pence, Proclamation Money,
^-"•"^f"-^ .per Mile, together with the neceffary Charges of Ferriage ; and Three Shillings like
Money tor every Day's Attendance, from the Time appointed for the Appearance,
until the Time fuch Perlon ihall have given Evidence, or fhall be dilbharged.
Provided, That in any Bill of Cofts, there fhall not be allowed the Charge of more-than
Two WitnelTes to any one particular Matter of Fact.
w.its of Enor LVI. A NB he it further Enacfed, by the Authority aforefaid. That the Superior
granted.
Courts fliall have Power and Authority to grant Writs of Error for correcting the
Errors of any Inferior Courts, where the lame fhall be neccfiary; and the l^arty
prayino- fuch Writ of Error, before the lame fhall iffue, fhall afhgn Error, and give
liond and Security, to be approved of by the Court, to abide by, perform, and
fuliil the Judgment which ihall be given thereon by fuch Court : And if upon Ar-gument
of any Writ of Error, or Trial of any Appeal from any Inferior Court,
the Judgment or Decree ot the inferior Court fliall be reverfed, the Superior Court
fhaii o-rant Judgment, or make luch Decree ihcixupon as Ihould have been entered
or made up in luch Inleiior Court, and fliall and may ifi'ue Execution thereon,
without granting a Writ oi Procedendo ; and to prevent the obtaining Writs of Er-ror
by Surprize, the Party praying luch Writ, m a civil Caufe, fhall give Notice
to the auverlc i'arty ol his moving tor fuch Writ, at leall Ten Days before fuch
Motion i and no luch Writ fhall be granted without an Affidavit of fuch Notice.
tiabas c-rpus LVII. AND for preventing long and opprefTive Imprifonmenf^, Be it Ena^ed,
rny !e grant. rt, ^ ^^^ Authority aforefaid. That when any Perion fhall be committed, in any civil
]j'.c»yTThe sl' Adtion, to tiie Gaol ot any County, by Procefs illuing out ot any Inferior Court,
pcnor Cou.t.
^^^ ^^^y Matter cognizable in the Superior Court, it fhaii and may be lawful for the
Superior Court ot the Diftrid in which fuch Pcrlon ihall be imprifoned, upon Pe-tition,
and Caufe fhewn by the Perion fo imprifoned, to ifTue out a Habeas Corpus
cum Caufct, to re.hove the Body of luch Defendant into the Gaol of fuch Superior
Court, and the Caufe of Commitment into the fame Court ; and the Clerk of fuch
Suponor Court is hereby authorized, directed, and required, by Order of the Court,
to ifTue fuch Writ accordingly •, and the Court fhall and may proceed therein, and
bail, difcharge, or retain fuch Prifoner, as the Right of the Cafe may require.
caof.st.nnfpofea LVIII. AND be it further Ena^ed, by the Authority aforefaid. That all Caufes,
to the sui-crirr
^^,^| Writs, Suiis, Plainis, Procefs, Recognizances, Indidments, and Preient-
Court Dotkets. ii<->.«""-'5 7 > ^ ,, , , ,
• r 1 1 o • /"• ,„»„
ments whatloever, that are, or fhall be depending in any ot tlie late Superior Courts
of Juftice within this Colony, or fuch as fhall be returnable to, or had, or fhall
have Day or Days in any ot the faid late Superior Courts, or other Matters or
Things in them depending, and not fully determined, ihall be transferred and put
on tlie Dockets of the relpeftive Superior Courts hereby eftablifhed, in the fame
Order they (liall then fland in the Duckets of the faid late Superior Courts refpec-tively
-, and fliall be proceeded in by the faid Superior Courts hereby eftablifhed,
according to the Method by this Ad direded, as if the fame had bten originally
commenced in any of the fame, due Regard being had that fuch Courts take Cog-nizance
of fuch Suits, Matters and Things, the Caufe or Caufes whereof arofe, or
is fucro-efted to have arilen, within their reipedive Diftrids.
AO-.on gwrn m LIX. AND bc it further EnaElcd, by the Authority aforefaid. That in all Cafes
the G.rTcai ,t whcrcln by any Ad of AiTembly heretofore made, Adion is given, or Recovery
Courts'T.rm.y dircdcd to be had in the General Court, or any of the Supreme Courts of Juftice,
Ihe f 'm '' m the
Q)'^'" ^"^^ "terminer, and General Gaol Delivery, or in any of the late Superior Courts
JrcienTamt's.' within this Colony ; in every fuch Cafe, after the palTing of this Ad, Suit may be
brought for the fame Caufe of Adion, and Recovery had in fome one of the Supe-rior
Courts of Juflice hereby eftabliflried, and Judgment and Execution fhall be en-tered
as in other Cafes by this Ad direded.
LX. AND
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| Title | Page 406 |
| Full Text | 384 LAWS of North-Carolina. A. D. 1768. at whofe Inftance the Subpoena ifilied, Three Half Pence, Proclamation Money, ^-"•"^f"-^ .per Mile, together with the neceffary Charges of Ferriage ; and Three Shillings like Money tor every Day's Attendance, from the Time appointed for the Appearance, until the Time fuch Perlon ihall have given Evidence, or fhall be dilbharged. Provided, That in any Bill of Cofts, there fhall not be allowed the Charge of more-than Two WitnelTes to any one particular Matter of Fact. w.its of Enor LVI. A NB he it further Enacfed, by the Authority aforefaid. That the Superior granted. Courts fliall have Power and Authority to grant Writs of Error for correcting the Errors of any Inferior Courts, where the lame fhall be neccfiary; and the l^arty prayino- fuch Writ of Error, before the lame fhall iffue, fhall afhgn Error, and give liond and Security, to be approved of by the Court, to abide by, perform, and fuliil the Judgment which ihall be given thereon by fuch Court : And if upon Ar-gument of any Writ of Error, or Trial of any Appeal from any Inferior Court, the Judgment or Decree ot the inferior Court fliall be reverfed, the Superior Court fhaii o-rant Judgment, or make luch Decree ihcixupon as Ihould have been entered or made up in luch Inleiior Court, and fliall and may ifi'ue Execution thereon, without granting a Writ oi Procedendo ; and to prevent the obtaining Writs of Er-ror by Surprize, the Party praying luch Writ, m a civil Caufe, fhall give Notice to the auverlc i'arty ol his moving tor fuch Writ, at leall Ten Days before fuch Motion i and no luch Writ fhall be granted without an Affidavit of fuch Notice. tiabas c-rpus LVII. AND for preventing long and opprefTive Imprifonmenf^, Be it Ena^ed, rny !e grant. rt, ^ ^^^ Authority aforefaid. That when any Perion fhall be committed, in any civil ]j'.c»yTThe sl' Adtion, to tiie Gaol ot any County, by Procefs illuing out ot any Inferior Court, pcnor Cou.t. ^^^ ^^^y Matter cognizable in the Superior Court, it fhaii and may be lawful for the Superior Court ot the Diftrid in which fuch Pcrlon ihall be imprifoned, upon Pe-tition, and Caufe fhewn by the Perion fo imprifoned, to ifTue out a Habeas Corpus cum Caufct, to re.hove the Body of luch Defendant into the Gaol of fuch Superior Court, and the Caufe of Commitment into the fame Court ; and the Clerk of fuch Suponor Court is hereby authorized, directed, and required, by Order of the Court, to ifTue fuch Writ accordingly •, and the Court fhall and may proceed therein, and bail, difcharge, or retain fuch Prifoner, as the Right of the Cafe may require. caof.st.nnfpofea LVIII. AND be it further Ena^ed, by the Authority aforefaid. That all Caufes, to the sui-crirr ^^,^| Writs, Suiis, Plainis, Procefs, Recognizances, Indidments, and Preient- Court Dotkets. ii<->.«""-'5 7 > ^ ,, , , , • r 1 1 o • /"• ,„»„ ments whatloever, that are, or fhall be depending in any ot tlie late Superior Courts of Juftice within this Colony, or fuch as fhall be returnable to, or had, or fhall have Day or Days in any ot the faid late Superior Courts, or other Matters or Things in them depending, and not fully determined, ihall be transferred and put on tlie Dockets of the relpeftive Superior Courts hereby eftablifhed, in the fame Order they (liall then fland in the Duckets of the faid late Superior Courts refpec-tively -, and fliall be proceeded in by the faid Superior Courts hereby eftablifhed, according to the Method by this Ad direded, as if the fame had bten originally commenced in any of the fame, due Regard being had that fuch Courts take Cog-nizance of fuch Suits, Matters and Things, the Caufe or Caufes whereof arofe, or is fucro-efted to have arilen, within their reipedive Diftrids. AO-.on gwrn m LIX. AND bc it further EnaElcd, by the Authority aforefaid. That in all Cafes the G.rTcai ,t whcrcln by any Ad of AiTembly heretofore made, Adion is given, or Recovery Courts'T.rm.y dircdcd to be had in the General Court, or any of the Supreme Courts of Juftice, Ihe f 'm '' m the Q)'^'" ^"^^ "terminer, and General Gaol Delivery, or in any of the late Superior Courts JrcienTamt's.' within this Colony ; in every fuch Cafe, after the palTing of this Ad, Suit may be brought for the fame Caufe of Adion, and Recovery had in fome one of the Supe-rior Courts of Juflice hereby eftabliflried, and Judgment and Execution fhall be en-tered as in other Cafes by this Ad direded. LX. AND |
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