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L A iV S cf N OR T H -C A R O L I N A. 385
LX. AND be it further Enacted^ by the Authority aforefaid^ That all Writs and A. D. 1768.
othrr Procefs, and all Suits, Appeals, and Proceedings whatfoever, ifTued, oranted, ^—-r^r"*—
^
or profecuted in the late Superior Courts, wherein Judgment hath been entered, or theVte 'c.l'.u.-
Decree made, (hall and may be taken Cognizance of by the Siiperior Courts ot the "'/'' '"' *"''":"
relpeclive Diftricts hereby ellabiilhcd, wherein the Caule of A6lion did ariie, or thf'p.cfcnt"'
'"
was fuggefted to have arifen ; and fuch Courts may refpeftively award Execution, ^'"°'^^-
or other neceflary. Proceeding?, on fuch Judgment or Decree, in the fame Manner
as if fuch Suit had been originally commenced in fuch Court; any Law, Ufage,
orCufton, to the contrary, notwithftanding.
LXI. AND be it further EnaHed, by the Authority aforefaid^ That wherein any of FnrfeiteH Recog-the
late Superior Courts, any Recognizance has been forfeited, or Fine impofed, urc"«.t"hJv*
and not hithi'rto paid, it fhall and may be lawful lor the Superior Courts hereby ''•vi'-'i-cftablifhz^
d, of the Diftrifl in which fuch Recognizance was or fliall be forfeited, or
F'ine impofed, to iffue Execution, for levying the fame, after the Party lliaii be
lerved with a Writ of Scire Facias, and fails to fliew fufficient Caule to the contrary ;
and in all Recognizances which [hall hereafter be forfeited, or Fines which fhall
be hereai'ter impofed, in any of the Superior Coutrs, the fame Procels Ihall ifTue,
and the Forfeitures be levied in the fame Maijner, unlefs lufficient Cauie be fhewnj
on the Return of a Scire Facias, why fuch Forfeiture fliould be difcharged or miti-gated
by the Court.
LXir. AND whereas many of the Prifons within this Province are infufficient commiirnn of
for the Retention of Perfons who may commit capital and other Offences againft
n!rm"''b'?iira-his
Majefty, his Peace and Government; therefore for the fpeedy Trial of fuch 7L""^
Oifenders, Be it Enaded, by the Authority aforefaid. That the Governor, or Com-mander
in Chief for the Time being, fo often as he fhall find it necelTary, is hereby
impowered and authorized to ifTue a Commiffion of Oyer and "Terminer, and General
Gaol Delivery, under the great Seal of the Province,"^ direded to the Chief Jullice,
and his AlTxiates, or either of them, for the Trial of any fuch Offenders ; and the
fdid Juftices fo commiffioned, or either of them, after Receipt thereof, are hereby
impowered to hold a Court, within the Time limited by fuch CommifTion, for the
Trial of every fuch Offender ; and to hear and determine all Treai'ons, Murders,
Burglaries, Felonies, Trefpiffes, Crimes, and Mifdemeanors, of what Nature or
Kind fjever, wherewith fuch Offender or Off«;nders is or fhall ftand charged ; and
give Judgment, and award Execution thereon.
XLIII. AND be it further Ena^cd, by the Authority aforefaid. That the Chief Jurors appomtedi
Juftice, and other Juftice or Juftices fo commiffioned, or either of them, on receiving
fuch CommuTion, fhall order the Clerk of the Court for the Diflriil where fuch
Court of Oyer and Terminer is to be held, to iffue Writs of Venire Facias, direfted
to the Sheriff of the refpeftive Counties within fuch Diftricl, to ferve as Grand and
Petit Jurors at fuch Court; which Writs the laid Clerks is hereby impowered and
required to iffue, Ten Days at leafl before the Day of holding every Court of Oyer
anj Terminer, to iummons Six good and lawful Men as Grand Jurors, and Six
other good and lawful Men as Petit Jurors, for every County within fuch Diftridl",
being Freeholders, to appear and attend at fuch Court; which Perfons fo fummoned
as Grand Jurors, or fo many of them as fliall appear (together with other good and
lawful Freeholders of the By-fVanders, if neceffary, to add to fuch to make a fufficient
Number of Grand Jurors) flmll be a Grand Jury ; and it fliall be lawful for fuch
Grand Jury to enquire of, and prefent, all Treafons, Felonies, and other Offences,
cognizable in the laid Court, which fhall have been committed or done within any
County or Counties within fuch Diftrift ; and the Freeholders lb fummoned as Petit
Jurors, or io many of them as fliall appear (not being challenged) together with
fo many other good and lawful Freeholders of the By- (landers, as"^ fhall niake up the
Number of Twelve, fhall, and are hereby declared to be a lawful Jury, for the
Trial of any Perf )n or Perl()ns indifted of Treafon, Felony, or other Crimes or Mif-demeanors,
before the faid Court of Oyer and Terminer: And if any Perfon lb fum-
C c c moned
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| Title | Page 407 |
| Full Text | L A iV S cf N OR T H -C A R O L I N A. 385 LX. AND be it further Enacted^ by the Authority aforefaid^ That all Writs and A. D. 1768. othrr Procefs, and all Suits, Appeals, and Proceedings whatfoever, ifTued, oranted, ^—-r^r"*— ^ or profecuted in the late Superior Courts, wherein Judgment hath been entered, or theVte 'c.l'.u.- Decree made, (hall and may be taken Cognizance of by the Siiperior Courts ot the "'/'' '"' *"''":" relpeclive Diftricts hereby ellabiilhcd, wherein the Caule of A6lion did ariie, or thf'p.cfcnt"' '" was fuggefted to have arifen ; and fuch Courts may refpeftively award Execution, ^'"°'^^- or other neceflary. Proceeding?, on fuch Judgment or Decree, in the fame Manner as if fuch Suit had been originally commenced in fuch Court; any Law, Ufage, orCufton, to the contrary, notwithftanding. LXI. AND be it further EnaHed, by the Authority aforefaid^ That wherein any of FnrfeiteH Recog-the late Superior Courts, any Recognizance has been forfeited, or Fine impofed, urc"«.t"hJv* and not hithi'rto paid, it fhall and may be lawful lor the Superior Courts hereby ''•vi'-'i-cftablifhz^ d, of the Diftrifl in which fuch Recognizance was or fliall be forfeited, or F'ine impofed, to iffue Execution, for levying the fame, after the Party lliaii be lerved with a Writ of Scire Facias, and fails to fliew fufficient Caule to the contrary ; and in all Recognizances which [hall hereafter be forfeited, or Fines which fhall be hereai'ter impofed, in any of the Superior Coutrs, the fame Procels Ihall ifTue, and the Forfeitures be levied in the fame Maijner, unlefs lufficient Cauie be fhewnj on the Return of a Scire Facias, why fuch Forfeiture fliould be difcharged or miti-gated by the Court. LXir. AND whereas many of the Prifons within this Province are infufficient commiirnn of for the Retention of Perfons who may commit capital and other Offences againft n!rm"''b'?iira-his Majefty, his Peace and Government; therefore for the fpeedy Trial of fuch 7L""^ Oifenders, Be it Enaded, by the Authority aforefaid. That the Governor, or Com-mander in Chief for the Time being, fo often as he fhall find it necelTary, is hereby impowered and authorized to ifTue a Commiffion of Oyer and "Terminer, and General Gaol Delivery, under the great Seal of the Province,"^ direded to the Chief Jullice, and his AlTxiates, or either of them, for the Trial of any fuch Offenders ; and the fdid Juftices fo commiffioned, or either of them, after Receipt thereof, are hereby impowered to hold a Court, within the Time limited by fuch CommifTion, for the Trial of every fuch Offender ; and to hear and determine all Treai'ons, Murders, Burglaries, Felonies, Trefpiffes, Crimes, and Mifdemeanors, of what Nature or Kind fjever, wherewith fuch Offender or Off«;nders is or fhall ftand charged ; and give Judgment, and award Execution thereon. XLIII. AND be it further Ena^cd, by the Authority aforefaid. That the Chief Jurors appomtedi Juftice, and other Juftice or Juftices fo commiffioned, or either of them, on receiving fuch CommuTion, fhall order the Clerk of the Court for the Diflriil where fuch Court of Oyer and Terminer is to be held, to iffue Writs of Venire Facias, direfted to the Sheriff of the refpeftive Counties within fuch Diftricl, to ferve as Grand and Petit Jurors at fuch Court; which Writs the laid Clerks is hereby impowered and required to iffue, Ten Days at leafl before the Day of holding every Court of Oyer anj Terminer, to iummons Six good and lawful Men as Grand Jurors, and Six other good and lawful Men as Petit Jurors, for every County within fuch Diftridl", being Freeholders, to appear and attend at fuch Court; which Perfons fo fummoned as Grand Jurors, or fo many of them as fliall appear (together with other good and lawful Freeholders of the By-fVanders, if neceffary, to add to fuch to make a fufficient Number of Grand Jurors) flmll be a Grand Jury ; and it fliall be lawful for fuch Grand Jury to enquire of, and prefent, all Treafons, Felonies, and other Offences, cognizable in the laid Court, which fhall have been committed or done within any County or Counties within fuch Diftrift ; and the Freeholders lb fummoned as Petit Jurors, or io many of them as fliall appear (not being challenged) together with fo many other good and lawful Freeholders of the By- (landers, as"^ fhall niake up the Number of Twelve, fhall, and are hereby declared to be a lawful Jury, for the Trial of any Perf )n or Perl()ns indifted of Treafon, Felony, or other Crimes or Mif-demeanors, before the faid Court of Oyer and Terminer: And if any Perfon lb fum- C c c moned |
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