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Colonial and State Records of North Carolina
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Bill by the North Carolina General Assembly concerning the North Carolina judicial system
North Carolina. General Assembly
January 25, 1773 - March 06, 1773
Volume 09, Pages 677-678

An Act to amend and continue an Act passed in the General Assembly of this Province at New Bern the fifth day of December in the year of our Lord, one thousand seven hundred and sixty eight, entituled An Act for dividing this Province into six several Districts, and for Establishing a Superior Court of Justice in each of the said Districts and for regulating the proceedings therein and for providing adequate salaries for the Chief Justice, and the Associate Justices of the said Superior Courts.

Whereas the said Act if not continued will expire at the end of

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this present Session of Assembly and it is thought expedient to continue the same,

Be it therefore enacted by the Governor, Council and Assembly and by the authority of the same that the said Act and every Clause and Article therein contained shall continue and be in force for the Term of Six Months and from thence to the end of the next Session of the Assembly and no longer.

And be it further enacted that the sixty sixth Section of the afore recited Act directing what process shall issue in a suit for the recovery of filial portions when the Sheriff shall return that the Defendant cannot be found be and the same is hereby repealed and made null and void.

And be it further enacted by the authority aforesaid that in all cases of original or Judicial Attachments against Persons residing in Europe the Court to which the same is brought shall continue it twelve months and if the Defendant shall appear, plead and put in Bail within that time, in such case his Estate may be liberated and the Garnishee Discharged.

N. B.—The under written Clause stood in the second Bill of this import on the first reading in the House of Assembly which on the second reading was struck out and the above Clause inserted, and the Bill on its return to the Council was thrown out.

And be it further Enacted by the Authority aforesaid, that for the future no person whatsoever who hath never resided in this Province shall be liable to an Attachment otherwise than according to the Laws and Statutes of England in like cases, and that every Clause and Section in the before recited Act contrary thereto shall henceforth be repealed.