52! L A i4^ 8 cf NoRT H-C a r o l i n a.
Non eft Inventus
is returned.
Proceeding' on
Attachments the
tame as in the
Superior Cuuits
J. D. 1773. dered, to iflue a Writ oi Fieri Facias, Capias ad Satisfaciendim, or other Procefs,
under the Tell herein before prelcribed, anci to direct the fame to the SiierifF, or
other Officer, of any County ot this Province, where the Defendant or Debtor, or
his Goods, fhall be found •, which faid ShentFor other Officer, to whom the fame
Ihall be directed, is hereby impowercd and required to ferve and execute the fame,
and Ihall make return thereof to the Ccurt where the Judgment or Dcciee was given,
in the fame Manner as if fuch Procels had ilfucd from the Superior Court of Juf-tice.
LXXVII. AND for the better afcertaining what Procefs may be ifTued, where
the SheriH fhail return that the Defendant is not to be found in his Baihwick •, h is
hereby Enacted, That when any Sheriff fliall make luch Return, the Plaintiff or
Plaintiffs, in any civil Action, may lue an Attachment ngainft the Eflate of fuch
Defendant, returnable as is herein beJore directed tor the Rtiurn of original or other
fublequent Procefs, thereupon to enforce an Appearance, or an Alias or Phiries
Capias, until fuch Defendant be arrefled, ac the iliectiun ot the Plaintiff or Plain-tiffs-,
and if the Sheriff Ihall return fuch Attachment executed, the Plaintiff Ihall
file his Declaration according to the Rules of the Court, and be intitkd to a Judg-m<;
nt.
LXXVIII. AND he it further Fjm^ed, by the Authority aforefaid. That the
fame Rules, Methods, and Proceedings, fliall be had, kept, ukci, and obiervtd,
by the faid Inferior Courts of Pleas and Qiiarter Stffums, and Officers, in the
granting, iffuing, executing, returning, and awarding Judgn.ent on judicial At-tachments,
and the like Remedy, Recovery, and Reliei, againft Sheriff, and Bail,
as in like Cafes is provided by l.-aw in Suits depending in the Superior Courts of
Juftice.
Rules of Court. LXXIX. A N D for thc regular Profecution and Determination of Suits, en-tering
up Judgments, and Prefervation of the Records; Be it therefore Enat:ed, by
the Authority aforefaid. That the following Rules and Methods fhall be oblervcd,
to wity
That the Plaintiff in every Suit fnall file his Declaration on the Firfl Day of thc
Court, or firll calling of thc Caufe in Court; and at the fame Time ferve the De-fendant,
or his Attorney, with a Copy thereof, if required.
That if the Plaintiff fail to file his Declaration, or appear and prcfecute his Suit,
the Defendant may enter a ISon Pros.
That the Defendant (hall enter his Appearance, and file his Plea in Writing,
whether general or fpecial, the firll Court ; and if he fails to to do, the Plaintiff
fhall have Judgment, which in Adions of Debt fliall be final, except where Dama-aes
are to be fuggeffed on the Roll ; in which Cafe, and in all others where the
Plaintiff fliall recover in Dainages, a Writ of Enquiry fhall be executed the next
Court.
That the Defendant may plead as many feveral Matters as he fhall think necef-fary
for his Defence, fo that he be not admitted to plead and demur to the whole.
That all lllues, whether general or fpecial, fliall be heard and tried the next fuc-ceeding
Court, unlefs lufficient Caufe is fliewn to fuch Court why fuch Caufes fliall
be continued.
That all Caufes at Iffue ready for Trial be firfl: heard and tried.
That every Motion in Ai'refl: of Judgment fliall be argued the lafl: Day of the
fame Court the Iffue is tried, the Defendant's Attorney firfl: ferving the Plaintiff's
Attorney with a Copy of the Reafons in Arrefl; of Judgment; unlefs, upon fuffici-ent
Reafons fhewn, and approved of by the Court, further Time fliall be allowed.
That when any fpecial Verdiifl fliall be found, or Demurrer to Evi 'ence, at the
Motion of either Party, Time fliall be allowed to the next fucceeding Court for
hearing.
LXXX. AND
State Publications Collection
