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LAWS of N O R T H - C A 1< O JU I K t\. 5' or Rejjard wbatfo^ver, for any Mailer or "thing by 7ne to be done by Virim cfy/iy Off.cc^ ^- ^- i773« e::cepi the Fees anJ Salary by La-Jo appointed : I -wiU not maintain by myjelf or any aber^ '<»-—%'- -j prvv.itely or openly^ any Plea or ^.arrei hanging in any of the King's Ccuris : I will not delay any Perjon of common Right for the Letter of the King^ or any other Perjcn, to me dire, ted, for any Caufe -, and in Cafe any Letters come to me contrary to Law, 1 iviil do yijthingforfucb Letters, but will proceed to do the Law, the Letters notwitkftanaing : And fi-ially in all Things belonging to my faid Office, during my Continuance therein, I will faithfully, truly, and ji'Jtly, according to the bejl of my Skill and Judgment, do equal and impartial JI'fiice. 50 HELP ME GOD. And if the Chief Juftice, or either of the Aflociates Juftices, fhall prefume to aft ''<". f"' »o;ng irr his OiHcc; in any oi the Superior Courts, without taking the Oachs herein ap- o^'ij^jy"'"' '^* pointed and directed, and fublcribing the Teft, he I'hail torteit Five Hundred i'ounds. Proclamation Mjney ; to be recovered by Adtion of Debt, in any of the Superior Courts of Juftice-, one Half to the Ufe of our Sovereign Lord the King, lor defraying \\\- Charges of Government, and the other Halt to the Pcrlon or Perfons who Ihaii fue for the fame. VII. AN D be it further Enabled, by the /Authority aforefaid. That, the Superior SHrcror Ccuru Courts of Juftice Ihail be annually held for the icvcrai Diitricts in this Province at '*''" '"^'<'' the following Times and Places, that is to fay. For the Diftrid of Salijbury, in the Town of Salijbury, for the Counties of Rowan, Mecklenburg, Tryon, .-w.jon, Surry, and Guilford, on the r'itth Day of March and September. For the Diftnct of Hillf-boro. igh, in the Town ot Hiljhorodgh, lor the Counties of Orange, Grawjille, Wake, and Chatham, on the Twenty Second Day ol' March and Septemuer. For the Diltridt of LLdlifax, m the Town of Hal:jax, lor the Counties of Halifax, Northamptcn, Edgcomb, and Bute, on the Eighth Day of April and O.:.ober. For the D;ltn6t of Edrnton, in the Town of Edenton, lor the Counties of Chowan, Perquimans, Pafquo-tank, Currituck, Bertie, Tyrrell, and Hertford, on the Twenty Fiitn Day of April and OJober. For the Diltrid: of Newbern, in the Town of Newbern, for the Counties of Craven, Carteret, Beaufort', Johnflon, Hyde, Bobbs, and Pitt, on the Eleventh Day of May and November. For the Dillnit oi WJmington, in the Town ot IVilmington, for the Counties oi New Hanover, Onflow, Bladen, Duplin, Cumber-berland, and Brunfwick, on the Twenty Seventh Day oi iVlny and November. And each Term ih dl continue Ten natural Days, exclufive of Sundays, by Adjournment de Die in Diem, if the Bufi-icfs Ihall require lb long a Time, otherwiic may be fooner deter.r.ined. VIII. PR OVIDED always. That if the Day by this Aft appointed for hold- Provin, f„r -h. ing any of the faid Courts fh-ill fall on a Sunday, then luch Court Ihall be held the r^nd^'']'"'^ "" * next lucceeding Day •, any Thing herein contained, to the co::trary, notwithftand-ing. IX. A ND be it further EnaHcd, by the Authority oforefaid. That all real Adions, Aai'>n« in whn Ejeilments, A6tions of Trel'pafs, ^lare Claufum Fregit, Suits on Penal Statutes, and Pieas of the Crown, fliali br commenced in the Superior Court of the Diftricft wherein the Caufe of Adion fhall have ariten, or the Offence ihall have been com-mitted, and not in any other Diltridt; and ail A.'^tions of Debt, other than on Pe-nal Statutes, all Adims of Detinue, Replevin, Adlons of Account Render, Adi-ons of Trefpafs, Affault and Battery, and for the unlawful taking of Goods, all Adions upon the Cale, and Suits for Legacies, or for the diftributive Shares of In-celtates Ellate-, when the PlaintitF and Defendant (liall refide in the lame Diitrid, fiiall be brought to the Court of that Diitrid where both Parlies fliall refide-, and when the Plaintiff and Defendant fhall relide in different Diftriils, Ihall be brought to the Diil:i"id in which fuch Plaintiff fhall refide; and where the Plaintiff (hall re-fide in another Province, fhall be brought to the Diftrid where the Deiendant fliall refide in thia Province -, and where any Action or Suit fiiall be brought to the Court of any other Diftrid than as herein direded, fuch Adion or Suit may be abated by the Plea of the Defendant. X. A N D Ullru-i!! tu be llcU!,l'i.
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Title | Page 535 |
Full Text | LAWS of N O R T H - C A 1< O JU I K t\. 5' or Rejjard wbatfo^ver, for any Mailer or "thing by 7ne to be done by Virim cfy/iy Off.cc^ ^- ^- i773« e::cepi the Fees anJ Salary by La-Jo appointed : I -wiU not maintain by myjelf or any aber^ '<»-—%'- -j prvv.itely or openly^ any Plea or ^.arrei hanging in any of the King's Ccuris : I will not delay any Perjon of common Right for the Letter of the King^ or any other Perjcn, to me dire, ted, for any Caufe -, and in Cafe any Letters come to me contrary to Law, 1 iviil do yijthingforfucb Letters, but will proceed to do the Law, the Letters notwitkftanaing : And fi-ially in all Things belonging to my faid Office, during my Continuance therein, I will faithfully, truly, and ji'Jtly, according to the bejl of my Skill and Judgment, do equal and impartial JI'fiice. 50 HELP ME GOD. And if the Chief Juftice, or either of the Aflociates Juftices, fhall prefume to aft ''<". f"' »o;ng irr his OiHcc; in any oi the Superior Courts, without taking the Oachs herein ap- o^'ij^jy"'"' '^* pointed and directed, and fublcribing the Teft, he I'hail torteit Five Hundred i'ounds. Proclamation Mjney ; to be recovered by Adtion of Debt, in any of the Superior Courts of Juftice-, one Half to the Ufe of our Sovereign Lord the King, lor defraying \\\- Charges of Government, and the other Halt to the Pcrlon or Perfons who Ihaii fue for the fame. VII. AN D be it further Enabled, by the /Authority aforefaid. That, the Superior SHrcror Ccuru Courts of Juftice Ihail be annually held for the icvcrai Diitricts in this Province at '*''" '"^'<'' the following Times and Places, that is to fay. For the Diftrid of Salijbury, in the Town of Salijbury, for the Counties of Rowan, Mecklenburg, Tryon, .-w.jon, Surry, and Guilford, on the r'itth Day of March and September. For the Diftnct of Hillf-boro. igh, in the Town ot Hiljhorodgh, lor the Counties of Orange, Grawjille, Wake, and Chatham, on the Twenty Second Day ol' March and Septemuer. For the Diltridt of LLdlifax, m the Town of Hal:jax, lor the Counties of Halifax, Northamptcn, Edgcomb, and Bute, on the Eighth Day of April and O.:.ober. For the D;ltn6t of Edrnton, in the Town of Edenton, lor the Counties of Chowan, Perquimans, Pafquo-tank, Currituck, Bertie, Tyrrell, and Hertford, on the Twenty Fiitn Day of April and OJober. For the Diltrid: of Newbern, in the Town of Newbern, for the Counties of Craven, Carteret, Beaufort', Johnflon, Hyde, Bobbs, and Pitt, on the Eleventh Day of May and November. For the Dillnit oi WJmington, in the Town ot IVilmington, for the Counties oi New Hanover, Onflow, Bladen, Duplin, Cumber-berland, and Brunfwick, on the Twenty Seventh Day oi iVlny and November. And each Term ih dl continue Ten natural Days, exclufive of Sundays, by Adjournment de Die in Diem, if the Bufi-icfs Ihall require lb long a Time, otherwiic may be fooner deter.r.ined. VIII. PR OVIDED always. That if the Day by this Aft appointed for hold- Provin, f„r -h. ing any of the faid Courts fh-ill fall on a Sunday, then luch Court Ihall be held the r^nd^'']'"'^ "" * next lucceeding Day •, any Thing herein contained, to the co::trary, notwithftand-ing. IX. A ND be it further EnaHcd, by the Authority oforefaid. That all real Adions, Aai'>n« in whn Ejeilments, A6tions of Trel'pafs, ^lare Claufum Fregit, Suits on Penal Statutes, and Pieas of the Crown, fliali br commenced in the Superior Court of the Diftricft wherein the Caufe of Adion fhall have ariten, or the Offence ihall have been com-mitted, and not in any other Diltridt; and ail A.'^tions of Debt, other than on Pe-nal Statutes, all Adims of Detinue, Replevin, Adlons of Account Render, Adi-ons of Trefpafs, Affault and Battery, and for the unlawful taking of Goods, all Adions upon the Cale, and Suits for Legacies, or for the diftributive Shares of In-celtates Ellate-, when the PlaintitF and Defendant (liall refide in the lame Diitrid, fiiall be brought to the Court of that Diitrid where both Parlies fliall refide-, and when the Plaintiff and Defendant fhall relide in different Diftriils, Ihall be brought to the Diil:i"id in which fuch Plaintiff fhall refide; and where the Plaintiff (hall re-fide in another Province, fhall be brought to the Diftrid where the Deiendant fliall refide in thia Province -, and where any Action or Suit fiiall be brought to the Court of any other Diftrid than as herein direded, fuch Adion or Suit may be abated by the Plea of the Defendant. X. A N D Ullru-i!! tu be llcU!,l'i. |