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L^^^S of NoHTH-CAROLlti A, y2(j
LXXX. AND for Prevention of Delay and Vexation by dilatory Pkas, // is ^' 1^- 1773-
hereby further Enacted, That no Piea in Ab.icenient fliali be received in any Adion *^^^^^!^[^,^
or Suit, uiilels the Truth thereot be lufficiently Ihewn to the Court, by AlHdavit prtvc.uu.
or othtrwiki and in all iidliuns where the Declaration ihail plainly let torth fufli-cient
Matter of Subll^r-ce for the Court to proceed upon the Merits of the Caule,
the Suit (liall not abate for Want of Form ; and that when any Plea in Abatemenr.
ihall be pleaded in any Attionj and upon Argument thereof the fame fhall be judged
inlufficiciu, the Plaintiff or Plaintiffs in luch Atlion lliall recover againfl the De-fendant
or Defendants full Coifs to the Time of ov'eruling fuch Plea, including the
Colls ot that Court, a Lawyer's Fee only excepted.
LXXXI. AND for granting Appeals from the Inferior Coiirts of Pleas and Appeals g.anted.
Qiiarter SelUons to the Superior Courts of Juflice, and obtaining Writs of Error
to the laid Courts •, Be it jurthir Enacted, by ihe authority aforefaid. That when any
Peribn or Peribn>, either PiaintifFor Defendant, Ihall be diffatisfied with the Judg-ment,
Sentence, or Decree, of any Inferior Court, he may pray an Appeal from
the Judgment, Sentence, or Decree of fuch Courts to the bupciiar Court of Jultice
of the DiltriA wherein fucli Interior Court of Pleas and Qiiarter Seffions is htld ;
but bcfure obtaining the fame, fhail enter into Bond, with I'wo fufficient Securities,
for profecuting the fame, and for performing the Judgment, Sentence, or Decree,
that the Suptrior Court Hiall enter or make thereon, in Cafe fuch Appellant (hall
be call.
LXXXII. i\ND becaufe it may happen that in ifTuing Prdcefs, carrying on w.its cf Errot
the Proceedings, and rendering Judgments in the faid Inferioi- Courts of Pieas and a'^^'"^"*-
Quirter SeiTions, there may be Error to reverie Judgments ; Be it Enacted, That
when any Defendant is defirous to proiecute a Writ of Error, he Ihall move the
Inferior Court of Pleas and Quarter SefTions where fuch Suit is depending, to allow
a Writ of Error, he firil entering into Bond as afore-mentioned ; and the Court is
hereby impowered and required to allow thereof, as if fuch Writ of Error was then
and there produced.
LXXXIII. AND for carrying on and profecuting fuch Appeals and Writs of h w picfecutd.
Error, Be it Ena fed, by the ntthority aforefaid. That the loUowing Rules and Me-thods
of Practice fhail be obfcrved, to wit. That when any Perion, either Defendant
or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree, of any-
Inferior Court, and fhall have appealed to the Superior Court, in Manner above
diredled, a Tranfcript of the Proceedings of the Interior Court Ihall be filed by the
Clerk of fuch Superior Court Fifteen Days before the fitting of the Court; and if
the Trial in the Inferior Court was of an Iffue to the Country, a Trial de Novo (hall
be had ; and if on a hearing on a Petition for a iiiial Portion or Legacy, or Diftri-bution
of an Inttftate's Ellate, or other Matter thereto relating, a re-hearing at the
faid Court, without Notice given by either Party ; and if fuch Tranfcript of the
Proceedings is not filed within the Time aforefaid with the Clerk of the Superior
Court, or if the Appellant fhall fail to appear and profecute his Appeal, then the
Judgment, Sentence, or Decree, of the Inferior Court, fliall be affirmed, and the
Appellant Ihall be adjudged to pay double Colts, provided that there fiiall be Thirty
Days between the Day of Trial or Hearing in the Inferior Court and the next Supe-rior
Court ; but when it fo happens that there are not Thirty Days between fuch
Trial or Hearing and the Superior Court, fuch Appeal fhall be continued, and a
Tranfcript of the Proceedings tranfmitted to the Superior Court next after: And
where any Dc^fendant will profecute a Writ of Error, he may move the Inferior Court
where the Trial is hid, and enter into Bond, with Security, as before-mentioned ;
whereupon a Tranfcript of the Proceedings fhall be filed v/ith the Clerk of the Su-perior
Court Fifteen Days before the Court, and the Party profecuting fuch Writ
of Error fhall affign and file Error the firft Four Days of the Court; °and in Cafe
fuch D.-fendant fhall negleft to file fuch Writ, and affign Error as aforefaid, or
fhall fail to appear and profecute the fame, then the Judgment of the Inferior Court
fhali
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| Title | Page 551 |
| Full Text | L^^^S of NoHTH-CAROLlti A, y2(j LXXX. AND for Prevention of Delay and Vexation by dilatory Pkas, // is ^' 1^- 1773- hereby further Enacted, That no Piea in Ab.icenient fliali be received in any Adion *^^^^^!^[^,^ or Suit, uiilels the Truth thereot be lufficiently Ihewn to the Court, by AlHdavit prtvc.uu. or othtrwiki and in all iidliuns where the Declaration ihail plainly let torth fufli-cient Matter of Subll^r-ce for the Court to proceed upon the Merits of the Caule, the Suit (liall not abate for Want of Form ; and that when any Plea in Abatemenr. ihall be pleaded in any Attionj and upon Argument thereof the fame fhall be judged inlufficiciu, the Plaintiff or Plaintiffs in luch Atlion lliall recover againfl the De-fendant or Defendants full Coifs to the Time of ov'eruling fuch Plea, including the Colls ot that Court, a Lawyer's Fee only excepted. LXXXI. AND for granting Appeals from the Inferior Coiirts of Pleas and Appeals g.anted. Qiiarter SelUons to the Superior Courts of Juflice, and obtaining Writs of Error to the laid Courts •, Be it jurthir Enacted, by ihe authority aforefaid. That when any Peribn or Peribn>, either PiaintifFor Defendant, Ihall be diffatisfied with the Judg-ment, Sentence, or Decree, of any Inferior Court, he may pray an Appeal from the Judgment, Sentence, or Decree of fuch Courts to the bupciiar Court of Jultice of the DiltriA wherein fucli Interior Court of Pleas and Qiiarter Seffions is htld ; but bcfure obtaining the fame, fhail enter into Bond, with I'wo fufficient Securities, for profecuting the fame, and for performing the Judgment, Sentence, or Decree, that the Suptrior Court Hiall enter or make thereon, in Cafe fuch Appellant (hall be call. LXXXII. i\ND becaufe it may happen that in ifTuing Prdcefs, carrying on w.its cf Errot the Proceedings, and rendering Judgments in the faid Inferioi- Courts of Pieas and a'^^'"^"*- Quirter SeiTions, there may be Error to reverie Judgments ; Be it Enacted, That when any Defendant is defirous to proiecute a Writ of Error, he Ihall move the Inferior Court of Pleas and Quarter SefTions where fuch Suit is depending, to allow a Writ of Error, he firil entering into Bond as afore-mentioned ; and the Court is hereby impowered and required to allow thereof, as if fuch Writ of Error was then and there produced. LXXXIII. AND for carrying on and profecuting fuch Appeals and Writs of h w picfecutd. Error, Be it Ena fed, by the ntthority aforefaid. That the loUowing Rules and Me-thods of Practice fhail be obfcrved, to wit. That when any Perion, either Defendant or Plaintiff, conceives he is injured by the Judgment, Sentence, or Decree, of any- Inferior Court, and fhall have appealed to the Superior Court, in Manner above diredled, a Tranfcript of the Proceedings of the Interior Court Ihall be filed by the Clerk of fuch Superior Court Fifteen Days before the fitting of the Court; and if the Trial in the Inferior Court was of an Iffue to the Country, a Trial de Novo (hall be had ; and if on a hearing on a Petition for a iiiial Portion or Legacy, or Diftri-bution of an Inttftate's Ellate, or other Matter thereto relating, a re-hearing at the faid Court, without Notice given by either Party ; and if fuch Tranfcript of the Proceedings is not filed within the Time aforefaid with the Clerk of the Superior Court, or if the Appellant fhall fail to appear and profecute his Appeal, then the Judgment, Sentence, or Decree, of the Inferior Court, fliall be affirmed, and the Appellant Ihall be adjudged to pay double Colts, provided that there fiiall be Thirty Days between the Day of Trial or Hearing in the Inferior Court and the next Supe-rior Court ; but when it fo happens that there are not Thirty Days between fuch Trial or Hearing and the Superior Court, fuch Appeal fhall be continued, and a Tranfcript of the Proceedings tranfmitted to the Superior Court next after: And where any Dc^fendant will profecute a Writ of Error, he may move the Inferior Court where the Trial is hid, and enter into Bond, with Security, as before-mentioned ; whereupon a Tranfcript of the Proceedings fhall be filed v/ith the Clerk of the Su-perior Court Fifteen Days before the Court, and the Party profecuting fuch Writ of Error fhall affign and file Error the firft Four Days of the Court; °and in Cafe fuch D.-fendant fhall negleft to file fuch Writ, and affign Error as aforefaid, or fhall fail to appear and profecute the fame, then the Judgment of the Inferior Court fhali |
