- Title
- Revised statutes of the state of North Carolina, passed by the General Assembly at the session of 1836-7, including an act concerning the revised statutes and other public acts, passed at the same session ... [v.2]
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- Date
- 1837
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- Place
- ["North Carolina, United States"]
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- Series
- North Carolina General Statutes
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Revised statutes of the state of North Carolina, passed by the General Assembly at the session of 1836-7, including an act concerning the revised statutes and other public acts, passed at the same session ... [v.2]
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A
SKETCH OF THE JUDICIAL HISTORY
OF
NORTH CAROLINA,
WITH
Л
LIST OF THE JUDGES AND ATTORNEY GENERALS
SINCE THE ADOPTION OF THF. CONSTITUTION.
Under the proprietary government, the judicial authority seems
to have been divided among the precinct courts, the general
court, and the court of chancery. Commissions to hold the
precinct courts were issued by the governor to four justices of
the peace, two of whom were of the quorum, and the court
was regularly organized, when either of the latter was present to¬
gether with one or more of the associate justices. The jurisdic¬
tion of the precinct courts extended to all civil causes under the
value of five pounds sterling or one thousand pounds of tobacco,
and to all “felonious witchcrafts, enchantments, sorceries, magic
arts, trespasses, forestalling, regratings, extortions, unlawful as¬
semblies,” &c. ; provided “that if a case of difficulty upon the
determination of any of the premises should happen to arise,” or
the offence “ relate to the taking away of any one’s life, member
or estate,” all such matters of difficulty should be referred to the
governor, deputies, and rest of the grand council.*
The genera] courtf was held by the chief justice represent-
* The commission from which the above extracts are taken, is the oiliest public record
in North Carolina; it bears date the 3d December, 1679, and is directed lo George Du¬
rant, Alexander Lillington, Ralph Fletcher and Caleb Calloway, Esquires, of Berkley
(now Perquimmons) precinct. The minute docket of Berkley precinct court upon which
it is recorded, is preserved in the superior court clerk’s office' of Perquimmons county.
t The earliest record of this court, extant, is the minute docket of “the General Court
held for that portion of Carolina, north and east of Cape Fear,” at the house of Capt.
John Hackleficld, on Little River, on the 2i$lh October, 1712. On the 29 ill of March,
1715, it was removed to the house of Capt. Richard Sanderson ; on thcJIst of July,
]716,lo “ Queen Anne's creek at the court house,” and on the 21th March, 1722, it was
opened at Edcnton. The following is the caption of the term.
“North Carou^a.ss.
“ At a general court, held for the said province at the court house in Edcnton on Queen
Anne’s creek, on Tuesday, the 27th March, 1722. Present, Christopher Gale, Esquire,
Chief Justice, The Lords Proprietors commission to Christopher Gale, Esq. Chief
Justice was read and published, the commission to the assistants being voyd, by the de¬
mise of the late Governor Eden.”
The docket closes with July term 1721, is closely and well written, containing 425
S with index and marginal notes. The pleadings are entered at length and with
ical accuracy. On the “General Court Docquet” for July, 1712, there are 250
trial causes and 64 appearances.
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