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Acts of the North Carolina General Assembly, 1746
North Carolina. General Assembly
November 21, 1746 - December 05, 1746
Volume 23, Pages 251-267

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LAWS OF NORTH CAROLINA, 1746.

At a General Assembly, held at Wilmington, the Fifth Day of December, in the Year of our Lord One Thousand Seven Hundred and Forty Six. Gabriel Johnston, Esq., Governor.

CHAPTER I.
An Act for the better ascertaining the Number of Members to be chosen for the several Counties within this Province to sit and vote in General Assembly; and for establishing a more equal Representative of all his Majesty's Subjects in the House of Burgesses.

I. Whereas the Inhabitants of the several Northern Counties within this Province have assumed to themselves the privilege of choosing Five Persons respectively to represent them in the General Assembly without any Law, or Pretence of Law, to support such a Claim, while those of the More Southern and Western Counties, who are more numerous and contribute much more to the General Tax of the Province than some of those who claim this Privilege, are represented only by Two Members in the said Assembly; from which Inequality great Mischiefs and Disorders have arisen, and the best Schemes for the Good and Welfare of the Province, by this Means, have been utterly defeated: for preventing of which for the future,

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That from henceforward the Inhabitants of each and every County already erected, or which shall hereafter be erected in this Province, respectively, shall and may choose Two Persons duly qualified for their Representatives to sit and vote as Members in the General Assembly of this Province, and no more; any Law, Usage or Custom to the contrary in any wise notwithstanding: And that the Freeholders of the several Towns, to-wit, of Edenton, Bath Town, New Bern and Wilmington may have the Liberty of Choosing one Representative each, as heretofore, to sit and vote as a Member in the said General Assembly, as aforesaid, all which said Members shall be chosen at such Times as shall be directed by his Majesty's Writ, and at such Place and in such Manner as by an Act of the General Assembly of this Province intituled An Act to regulate Elections for Members to serve in General Assembly for the several Counties, to declare who shall be qualified to vote in the said Elections, or be Elected a Member of the General Assembly, for any of the said Counties, and to direct the Method to be observed in taking the Poll at the several Elections in the Counties and Towns in this Province, is directed and appointed.

III. And whereas great Mischiefs have arisen, and numberless Obstructions given to the Public Affairs, by the Members of the House of Burgesses not duly attending, according to the Writ, or the Time of Prorogation or Adjournment; Be it Enacted by the Authority Aforesaid, That Eight Members of the House, at the first Meeting, in Pursuance of his Majesty's Writ, or the Time of Prorogation or Adjournment, are hereby impowered to adjourn

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de Die in Diem, until the Number of Members hereinafter limited shall come together to make a House.

IV. And for the better Dispatch of Public Business, Be it Enacted by the Authority aforesaid, That Fourteen Members of the said House, and the Speaker, shall be a sufficient Quorum to make a House and to Pass Laws or do any other Act or Acts, which any Assembly in this Province have been heretofore accustomed to do by a larger Number; any Law, Custom or Usage to the contrary notwithstanding.

V. And be it further Enacted, That all and every Clause and Clauses of every Law or Laws, so far as relate to the Inhabitants of any County or Counties in this Province, their sending above Two Members, exclusive of the Members chosen for the several Towns in this Act before mentioned to sit and represent them in General Assembly, directly or indirectly, is hereby repealed and declared null and void to all Intents and Purposes as though the same had never been made.

CHAPTER II.
An Act to fix a Place for the Seat of Government, and for keeping Public Offices; for appointing Circuit Courts and defraying the Expence thereof; and also for establishing the Courts of Justice and regulating the Proceedings therein.

I. Whereas the Limits of this Province are very extensive, and to the End that the Supreme Court of Judicature and Public Offices may be held and kept at the most proper and convenient Place, and Circuit Courts appointed for the Ease and Benefit of the Inhabitants in General of this Province,

II. We pray that it may be Enacted, And be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and by the Authority of the same, That from and after the Fifteenth Day of August next after the Ratification of this Act, the Courts of Chancery, General Court, Secretary's Office, Clerk of the Chancery Office, and Clerk of the General Court Office, shall be held and kept at the Town of New Bern, in this Province; and that the Court of Chancery and the Supreme or General Court shall be held at the said Town of New Bern on the several Days and Times hereinafter in this Act directed, and that all Business, proper and incident to the said Courts, and Matters appertaining to and proper to be transacted in the said several Offices, shall be there done and transacted: Any Law, Usage or Custom to the contrary notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That from and after the said Fifteenth Day of August the Secretary of this Province for the Time being or his Deputy, the Clerk of the Chancery for the Time being or his Deputy, the Clerk of the General Court for the Time being or his Deputy, shall Daily (Sundays and Holy Days excepted) give their Attendance respectively at their Offices in New Bern aforesaid from the Hours of Ten of the Clock in the forenoon 'til Twelve, and from Three of the Clock in the afternoon 'til Five, for the better dispatching the business of such Persons who shall apply to their respective Offices for that Purpose; and if either or any of the said Officers shall neglect so to do, he or they so offending shall forfeit for every such Neglect Five Pounds, Proclamation Money; to be recovered by Action of Debt, Bill, Plaint or Information in the General Court

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of this Province (wherein no Essoign, Protection, Injunction or Wager of Law shall be admitted of) by the Party who shall make Information thereof or sue for the same.

IV. And be it further Enacted, by the Authority aforesaid, That the Chief Justice of this Province for the Time being shall Twice every Year hold a Court of Assize, Oyer and Terminer, and General Gaol Delivery, by a Commission or Commissions to be issued for that Purpose by the Governor or Commander in Chief for the Time being, under the Seal of the Province, at Edenton, in Chowan County; at Wilmington, in New Hanover County, and at the Court-house in Edgecomb County.

V. And be it further Enacted, by the Authority aforesaid, That all issues in all Actions and Plaints, whether Real, Personal or Mixt, Local or Transitory, which shall hereafter be brought or Commenced in the Supreme Court of Common Pleas, in which the Visne shall be laid in the Counties of Currituck, Pasquotank, Pequimans, Chowan, Bertie and Tyrrell shall be tryed at Edenton by Writ of Nisi Prius on the Second Tuesdays in October and April: and all Issues in all Actions or Plaints, where the Visne shall be laid in the Counties of Edgecomb, Northampton and Granville, or in any Counties that shall hereafter be established to the Westward of Granville County, shall be tryed in like Manner at the Court-house in Edgecomb County on the Fourth Tuesdays in October and April by a Jury of Freeholders of the said Counties, or any of them; And all Issues in all Actions and Plaints, where the Visne shall be laid in the Counties of New Hanover, Bladen and Onslow, or any Counties that shall hereafter be established to the Southward or Westward of Onslow County, shall be tryed in like Manner, at Wilmington, on Cape Fear River, on the Second Tuesdays in November and May by a Jury of Freeholders of the said Counties or any of them.

VI. And be it further Enacted, by the Authority aforesaid, That the Visne in all Actions and Plaints (Suits in behalf of the Crown and Transitory Actions excepted) shall be laid in the County where the Cause of Action shall arise, and in no other without the Consent of the General Court for good and sufficient Causes shewn.

VII. And be it further Enacted, by the Authority aforesaid, That all Writs, Plaints and Process whatsoever shall, as heretofore, be issued out, commenced and filed in General Court at New Bern aforesaid, and all the Pleadings and Proceedings thereon shall be carried on and transacted in the said Court, until the Cause shall be at issue; and that when such Causes shall be at issue full Power and Authority is hereby given to the said Court to issue out a Writ of Nisi Prius and Subpoena for Witnesses to appear and to transmit a Transcript of the Record of the Proceedings and Pleadings in all Actions to the proper Place for the Tryal of the Issue before appointed for that Purpose in the same Manner according to the Method, and as near as may be agreeable to the Practice of the Court of Common Pleas or King's Bench at Westminster.

VIII. And be it further Enacted, That the said Chief Justice, or such other Person or Persons, in Case of Sickness or Disability of the Chief Justice, as shall from Time to Time be appointed Justice or Justices of Assize, Oyer and Terminer, and General Gaol Delivery, shall have full Power and Authority to try at the respective Places and Times aforesaid all Issues remaining to be tryed in any of the said Records, as aforesaid, and to cause Juries to be summoned and sworn, and all Things relating thereto to proceed according to and as near as may be, agreeable to the Method used and practised by the Judges of Assize, Oyer and Terminer, and General Gaol Delivery in England.

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IX. And be it further Enacted, that the said Chief Justice or Justices of Assize, shall, upon the said Transcript of the Record, certify under his or their Hands and Seals the Verdict of the Juries, and the whole Proceedings had thereupon, and to return or cause the same to be returned and filed in the General Court Office in New Bern aforesaid. And the General Court is hereby impowered to enter or cause Judgment to be entered thereupon, and to issue Execution and in all things to proceed and Act as near as may be agreeable to the Proceedings of the Court of Common Pleas and King's Bench at Westminster.

X. And be it further Enacted, by the Authority aforesaid, That a Commission of Oyer and Terminer, and General Gaol Delivery shall be made out under the Seal of the Province impowering the said Chief Justice, or other Person, to hear and determine all Treasons, Murders, Burglaries, Felonies, Trespasses and Crimes of what Nature or Kind soever, committed, or which shall hereafter be committed, in the several and respective Counties at the several Times and Places hereby appointd for the Tryal of Civil Actions on the Circuits; and the said Chief Justice, or other Persons, impowered as aforesaid, are hereby directed and authorized to try all Persons against whom any Indictment shall be found or Presentment made or Information exhibited for any Crimes committed in any of the said Counties, and to proceed thereupon at the same Places hereby appointed for the Tryal of Issues by Nisi Prius, where the Visne shall be laid in any of the several and respective Counties aforesaid, by a Jury of Freeholders of the said Respective Counties, and to give Judgment and award Execution, as near as may be, agreeable to the Method and Practise of Judges of Assize, Oyer and Terminer, and General Gaol Delivery, in England.

XI. And be it further Enacted, by the Authority aforesaid, That the Issues in all Actions and Plaints whatsoever, where the Visne is laid in any other County than before mentioned, and all Prosecutions for Criminal Matters, where the Fact in the Indictment is laid to be committed in any other County than before mentioned, shall be heard and tryed at the General Court to be held at New Bern.

XII. And be it further Enacted, That there shall be Three Several Clerks of the Assize, to-wit, One for the New Bern Circuit, who shall reside and keep his Office in Edenton; and one for the Western Circuit, who shall reside and keep his Office in the said County of Edgecomb; and One other for the Southern Circuit, who shall reside and keep his Office in Wilmington: Which said several Clerks shall keep a Record of all the Criminal Prosecutions and other Prosecutions at the suit of his Majesty heard and determined before the Justices of Assize, Oyer and Terminer, and General Gaol Delivery within their respective Circuits; which said Clerk shall be appointed by the Clerk of the Crown for the Time being, and also that the Chief Justice of this Province for the Time being shall appoint a Clerk or Clerks, who shall attend the Courts of Nisi Prius: And the said Clerks so to be appointed by the Chief Justice, and Clerk of the Crown, are hereby vested with the same Power and Authority to Act in their several and respective Offices as Clerks of Assize and Nisi Prius can, may or ought to do, on the Circuits in England.

XIII. And be it further Enacted, That the several Clerks shall take and receive for the Business on the several Circuits the same Fees as by Law appointed for the Clerk of the General Court, for the like Services; and for making the Postea on the Circuits Two Shillings and Eight Pence, Proclamation Money.

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XIV. And whereas the said Chief Justice and Attorney General must necessarily be at Great Expence in riding the Circuits and holding the Courts at the respective Times and Places aforesaid, Be it further Enacted, by the Authority Aforesaid, That the Chief Justice for his Trouble and Expence in riding and attending the said several Circuits shall have and receive the Sum of Two Hundred Pounds, Proclamation Money, Annually; and the Attorney General, Sixty Six Pounds Thirty Shillings and Four Pence, Proclamation Money, Annually; to be paid out of the Tax hereinafter laid for that Purpose by a Warrant under the Hand of the Governor or Commander in Chief for the Time Being.

XV. And to raise Money for defraying the Charges in building the Public Offices and paying the said Officers of the Circuit, Be it Enacted, by the Authority aforesaid, That from and after the Ratification of this Act a Tax of Four Pence, Proclamation Money, per Poll shall be Annually levied on the taxable Persons within this Province and collected by the Sheriff of the respective Counties at the Time all other Taxes are collected and paid, for and during the Space of Two Years, to be paid and applied in Manner following; that is to say: All the Money arising by the said Tax within the Counties of Craven, Beaufort, Hyde, Carteret and Johnston shall by each Sheriff be, at the usual Time, Annually accounted for and paid to Mr. John Barrow, Mr. James Macklewean, Mr. Thomas Pearson, Col. Thomas Lovick, and Mr. John West, or the Majority of them, for and towards the erecting the Offices and other Public buildings at New Bern Town as they, or the Majority of them, shall think necessary and convenient: And all the Monies arising by the said Tax within the Counties of Bertie, Tyrrell, Chowan, Pequimons, Pasquotank and Currituck shall be paid to Mr. Joseph Blount, Mr. John Benbury, Mr. Peter Payne, Mr. Caleb Wilson, Mr. Stephen Lee, Mr. John Wynne and Mr. Luke Sumner; to be by them applied towards repairing the Court-house for holding the Assizes at Edenton and finishing the Gaol, as they, the said Mr. Joseph Blount, Mr. John Benbury, Mr. Peter Payne, Mr. Caleb Wilson, Mr. Steven Lee, Mr. John Wynne and Mr. Luke Sumner, or the Majority of them, shall think necessary and convenient: And all the Monies arising by the said Tax within the Counties of Edgecomb, Northampton and Granville shall, by each Sheriff, at the Usual Times, be Annually accounted for and paid to Mr. John Haywood, Mr. John Edwards, Dr. James Payne, Mr. John Dawson, and Mr. Joseph Howell, to be applied by them, or the Majority of them, towards erecting the Office and other Public Buildings for holding the said Court of Assizes in Edgecomb County aforesaid: And all the Monies Arising by the said Tax within the Counties of Bladen, New Hanover and Onslow shall be paid to Mr. Rufus Marsden, Col. Edward Hyrne, Mr. Thomas Jones, Mr. John Starkey, and Mr. Griffith Jones; to be by them applied towards finishing a Court-house at Wilmington and building a Gaol, as they, the said Mr. Rufus Marsden, Col. Edward Hyrne, Mr. Thomas Jones, Mr. John Starkey and Mr. Griffith Jones, or the Majority of them, shall think necessary and convenient: All which said Persons shall account with the General Assembly for all the Monies by them respectively received and applied towards the Uses aforesaid.

XVI. And be it further Enacted, by the Authority aforesaid, That also a Tax of Four Pence, Proclamation Money, per Poll, Annually, shall be levied on each and every taxable Person within this Province for and during the Term of Three Years, and no longer, and shall be collected by the Sheriff of each respective County in this Province at the Time all other Taxes are collected and paid, and shall be paid into the General Assembly of this Province and by them applied towards defraying and paying the said Chief

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Justice and Attorney General, as a Recompence for their Trouble and Expence of going the Circuits: And if any Surplus shall afterwards remain, then the same shall Yearly be applied by the General Assembly towards defraying the Public Debts of this Province.

XVII. And for the better establishing the several Courts of Justice of this Province, settling when the same shall be held, and for regulating the proceedings for the speedy hearing and determining the Suits and Actions brought therein, Be it Enacted, That the Court of Chancery shall be held at New Bern Town on the Second Tuesday after the meeting of every General Court, and may be adjourned from Day to Day, 'til all the Suits and Business then depending in the said Court of Chancery shall be finished.

XVIII. And be it further Enacted, by the Authority aforesaid, That the Proceedings of the said Court of Chancery shall be according to the Rules heretofore made by the said Court, and such as shall be hereafter made by the said Court for the regulating the Practice therein, and for the speedy carrying on and determining all Suits therein commenced; and that all Rules now made, and hereafter to be made, shall be fixed up in the Office by the Clerk of the Chancery, that all Persons concerned may have Recourse thereto.

XIX. And be it further Enacted, by the Authority aforesaid, That the Supreme and Principal Court of Pleas to be held at New Bern, for his Majesty's Province, on the Days and Times hereinafter directed, shall be, and is hereby established, by the Name of the General Court of North Carolina, and shall consist of the Chief Justice for the Time being and Three Associate Justices, to be commissioned by the Governor or Commander in Chief for the Time being under the Seal of the Province: Which said Associates shall be vested with the same Power and Authority as Associate Justices in England usually have; and shall also, in Case of Sickness or Disability of the Chief Justice, or where he shall be a Party, have full Power and Authority to hold the said Court and to hear and determine all Causes and Matters cognizable therein.

XX. And be it further Enacted, by the Authority aforesaid, That all original Process, either by Writ or Summons, or any other Manner or Means to bring any Person or Persons whatsoever to answer any Action, Suit, Information, Bill or Plaint in the General Court, and all and every other Process at the Common Law whatsoever (Except Summons or Subpoena for Witness) regularly and legally belonging or appearing to, for or concerning any Cause, Suit, Matter or Thing depending or to be depending or prosecuted in the General Court shall be issued by the Clerk of the General Court and signed by and bear test of the Chief Justice for the Time being.

XXI. And be it Enacted, by the Authority aforesaid, That in all such Writs and Process (except Subpoenas to summons Evidences, which may be made returnable immediately) shall be returnable on the first day of every General Court, and shall be executed at least Ten Days before the Day mentioned therein for return thereof: And if any Person takes out original Process whilst the General Court is sitting, or within Ten Days before the Beginning of any General Court, such Process shall be made returnable to the next General Court after that then sitting or beginning within Ten Days, as aforesaid, and not otherwise; and all such Process issued, made returnable or executed at any other Times and in any other Manner than is herein directed shall be, to all Intents and Purposes, null and void.

XXII. Provided always, That the Two next succeeding General Courts shall be held at Edenton in the Months of March and July, as usual; and all Process shall bear Test and be returned to the said Courts accordingly,

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and that afterwards all Process shall bear Test and be returnable to the General Court to be held at New Bern.

XXIII. Provided also, That nothing herein contained shall extend to be construed to invalidate or vacate any Process, Warrant or other Mandate or Precept issued by any of the Judges or Justices of the General Court or other Justices of the Peace, or by the Clerk of the Crown on any Criminal Prosecution or in his Majesty's Behalf, but that the same may be returnable any Day in the Sitting of the General Court, and the Proceedings in all Criminal suits and Prosecutions shall be had according to the Laws and Statutes of Great Britain and this Province; anything herein contained to the contrary in any wise notwithstanding.

XXIV. And be it further Enacted, by the Authority aforesaid, That from and after the Fifteenth Day of July next, when any Writ shall issue whereby the Sheriff is commanded to take the Body of any Person or Persons to answer unto any Plaintiff or Plaintiffs in any Action in the General Court, the Sheriff shall return therewith a Bail Bond with Two sufficient Securities for double the Sum for which the Person or Persons shall be held in arrest (Executors or Administrators excepted), unless special Cause shewn to the contrary to the Clerk's Office on or before the first Day of every Court.

XXV. Provided, nevertheless, That in all Actions where the Damages are uncertain and the Defendant in Custody, or hath given Bail to such Action or Actions, it shall and may be lawful for the Defendant to apply to the Chief Justice or any of the Associate Justices for a Summons to summon the Plaintiff or his Attorney at such a Time and Place therein mentioned to appear and shew Cause of Action against the Defendant; which, if the said plaintiff fail to do, or by the Nature of the Action Bail is not required, the Defendant shall be Discharged, and the Plaintiff accept of an Appearance as in other Cases: And if it shall appear to the said Chief Justice, or any of the Associate Justices, from the Nature of the Action that Bail is required, the Plaintiff shall swear to his Cause of Action and the Defendant enter into Bond with Two Sureties for double the Sum or Damage sworn to by the said Plaintiff: And if the Sheriff shall not return Bail, or the Bail returned shall be found insufficient on Exception taken, then, and in such Case, the Sheriff shall be deemed, taken and stand as Special Bail for the Defendant; and the Plaintiff shall not be delayed in his Suit or Action, but shall and may proceed according to the Rules hereafter mentioned, and on Judgment or Recovery shall take out Execution against the Defendant, or Sheriff, or both, at his Election; any Law, Usage or Custom to the Contrary notwithstanding.

XXVI. Provided always, That if the Defendant puts in Special Bail before the Time to plead given him by the Rules hereafter mentioned is expired, then the said Sheriff shall be discharged.

XXVII. Provided also, That the Sheriff may surrender the Defendant in Discharge of himself any Time Judgment is obtained against the Defendant.

XXVIII. And be it further Enacted, That when any Sheriff shall return that he hath taken the Body of any Defendant, and commit him to prison for want of Bail, the Plaintiff may enter the Defendant's Appearance, and the Defendant shall be at Liberty to plead as if such Appearance has been entered by himself, and the Plaintiff may proceed on to Judgment, as in other Cases in this Act directed; nevertheless, such Defendant shall not be discharged out of Custody but by putting in Bail.

XXIX. And be it further Enacted, That if any Sheriff shall neglect to execute any Writ or Writs issuing out of the General Court, which shall be

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delivered unto him Twenty Days before the Court's sitting, or any Writ or Writs issuing out of the County Courts, which shall be delivered unto him Fifteen Days before the Court's sitting, that then the said Sheriff shall for every such Neglect at the Motion of the Plaintiff proving such Delivery, be ordered and obliged to pay to the Party grieved all Costs and Charges that may accrue in taking out such Writ or Process, and be further liable to the Suit of the Party injured, unless the said Sheriff can shew sufficient Cause to the Court from whence such Process Issued to be by the Court allowed why he could not execute the same.

XXX. And be it further Enacted, That no Person who has given Bail Bond to the Sheriff with sufficient Sureties, and shall be adjudged good by the Court, shall be compelled to put in special or any other Bail; but that such Person named in such Bond shall be deemed and taken to be Special Bail and liable in the same Manner to the Recovery of the Plaintiff; and that the Plaintiff, after final Judgment, shall not take out Execution against such Bail until an Execution first be returned that the Principal is not to be found, to satisfy such Judgment; and shall also take out a Scire Facias, returnable to the same Court, which shall be served on the Bail; and that after the Return of such Execution against the Principal and Facias aforesaid, or against the Bail, Execution may issue against the Securities or their Estates, unless the Bail shall surrender the Defendant at or before the return of the Scire Facias without any other Processes issuing: Any Law, Usage or Custom to the contrary notwithstanding.

XXXI. And for the better ascertaining what Process may or shall be issued when the Sheriff shall return that the Defendant is not to be found within his Bailiwick, Be it Enacted, That where the Sheriff shall make Return as aforesaid the Plaintiff or Plaintiffs in any Action shall and may sue out an Attachment against the Defendant's Estate, returnable as is hereinbefore directed for the Return of original and other subsequent Process, whereupon to force an Appearance or Capias by Continuance at the Election of the Plaintiff or Plaintiffs; and if the Sheriff shall return any Goods by him attached, and if the Defendant do not plead to the said Action within the Time limited, as is hereafter directed, the Plaintiff shall be entituled (if in an Action of Debt) to a final Judgment, and if in an Action on the Case to a Judgment by Default, and a Writ of Enquiry of Damages to be executed at the next ensuing Court or Assize; and the Goods so attached shall remain in the Custody of the Sheriff 'til such Judgment obtained, and then to be disposed of in the same Manner as Goods taken in Execution on a Writ of Fieri Facias; and if the Judgment shall not be satisfied by the Goods attached, the Plaintiff may have another Execution for the Residue.

XXXII. And be it further Enacted, by the Authority aforesaid, That from and after the Ratification of this Act, upon Suspicion of any Person or Persons intending to remove from his Place of Residence, and that he is about to withdraw himself and his effects out of this Government so that Process cannot be served on his Body, or that he hath already removed himself, the Chief Justice or any Justice of the General Court or any Justice of the County Courts, may grant an Attachment at the Prayer of the Party to whom such Person removing or absconding is indebted, or hath done any Damage or Injury against the Estate of such Person, returnable to the Court where the Debt or Matter is cognizable, as is herein directed for original Writs; and that such Attachment shall be deemed the leading Process to such Action, and the same Proceedings had thereon as on an Attachment on a Return of Non est inventus by the Sheriff: But before such Attachment shall be granted the Party moving for the same shall make Oath of such his

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Suspicion, and that he verily believes such Person is about to withdraw himself and Effects, or hath withdrawn himself; and shall also enter into Bond to the Defendant with sufficient Sureties to satisfy all Costs and Damages that may accrue and be awarded to the Defendant in Case such Plaintiff shall fail to prosecute or be cast therein; which Bond shall be returned by the Justice into the Court where the same is cognizable.

XXXIII. Provided always, that the Goods so attached in either Case, as aforementioned, shall and may be replevied by Appearance and Special Bail being given, if the Defendant shall be ruled to give Bail by the Court.

XXXIV. And be it further Enacted, by the Authority aforesaid, that where any Person Inhabitant of any other Colony or Place shall be indebted to or hath done any Tort or Injury to any Person resident and an Inhabitant of this Province, and cannot be personally served with any Process, and hath Effects in this Government, any Justice may grant an Attachment on the Party's making Oath to the Truth of such his Allegation against the Estate of such Person, returnable into the Court where the Debt or Matter is cognizable, so as to compell an Appearance; and the same Proceedings shall be had thereon as is before mentioned.

XXXV. Provided always, That the Goods so attached shall and may be replevied by Appearance and putting in Special Bail, if the Defendant shall be ruled to give Bail by the Court: And if the Party shall be ruled to give Special Bail in any of the aforesaid Cases and cannot produce such Bail, the Goods so attached shall remain in Custody of the Sheriff and such Person shall be admitted to plead as if he had given Bail, and the Goods left in the hands of the Sheriff after Judgment obtained shall be liable to the Recovery and Execution of the Plaintiff; and if such Goods are not found sufficient to satisfy the Plaintiff's Judgment, Execution may issue for the Residue or the Plaintiff may bring his Action on such Judgment for the Sum unpaid and unsatisfied.

XXXVI. And whereas, divers Persons Possessed of Estates and Lands, Tenements and Hereditaments in this Province, having contracted Debts or which shall hereafter contract Debts with Traders or other Persons residing here, have and may depart the Province without leaving personal Estate sufficient to satisfy the same, and there not being suitable Provision made whereby the Lands of such Debtors may be subject to satisfy such Debts: For Remedy whereof,

XXXVII. Be it Enacted, by the Authority aforesaid, that any Justice shall and may grant an Attachment at the Prayer of the Person to whom such Person or Persons as aforesaid is or are indebted, directed to the Sheriff of the County where the Lands lie, returnable to the Court where the Master is cognizable: And if the Sheriff returns that the Person hath no Goods to be found in his Bailiwick, the Court shall grant Judgment for the debt, due proof thereof being first made; which said Judgment shall be final in Actions of Debt; and in other actions a Writ of Enquiry shall, at the Motion of the Plaintiff, be then executed, or at the Assize, according as the Visne is laid; upon which Judgment a Writ of Fieri Facias shall be awarded, returnable to the next succeeding Court.

XXXVIII. And be it further Enacted, That if the Sheriff return the aforesaid Writ of Fieri Facias, no Goods to be found in his Bailiwick, in such Case the Court shall nominate and appoint Five Freeholders of the said County, who on Oath, shall value and appraise the Lands of the said Defendant, or so much thereof as shall be sufficient to satisfy the aforesaid Judgment and all accruing Costs, and shall return such Appraisement, under their Hands, to the next succeeding Court after such Appraisement;

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and thereupon the Court shall order the lands so appraised to be put into the Possession of the Plaintiff at the appointed Value; which order shall be a good and sufficient Title to the Plaintiff, his Heirs and Assigns, forever, against the Defendant, his Heirs and Assigns; Any Sale of such Lands made in Foreign Parts, Act, Law, Usage or Custom to the Contrary notwithstanding.

XXXIX And for a more speedy Determination of all Causes depending in the general Court than can possibly be obtained by the present Practice, Be it Enacted by the Authority aforesaid, That from and after the Fifteenth Day of August next, these following Rules and Methods shall be observed; to-wit:

That the Plaintiff shall file his Declaration on or before the Second Day of every Court or Term, in the Office of the Clerk of the General Court, and serve the Defendant with a Copy of such Declaration at least Ten Days before the sitting of the Court to which such Suit is Brought; or a Non-pross shall be entered by the Defendant.

That the Defendant shall appear and plead or demur, within the first Four Days of the Term to which the Writ is returnable; otherwise the Plaintiff shall have Judgment by Default, which in Debt, shall be final, unless the Damages are to be suggested on the Roll; in that Case and in all Actions where the Plaintiff shall recover in Damages a Writ of Enquiry shall be executed at the next Court, or at the Assizes: Provided, that where the Nature of the Action requires Special Pleading, the Court may enlarge the Time on sufficient cause shewn.

That where the Defendant pleads specially, the Plaintiff shall reply in Four Days, or a Non-pross shall be entered by the Defendant; and if the Plaintiff replies, and in his Replication tender an Issue, the Defendant shall join Issue or demur in Four days; and when the Defendant rejoins to the Plaintiff's Replication he shall file his Rejoiner in Four Days, or Judgment shall in either case, go against the Defendant by Default, unless the Time for such Pleadings shall be enlarged by the Court as aforesaid; and the same Time shall be given, and Rules observed, through the whole Courts of Pleadings.

That all Issues shall be tryed at the next succeeding Court or at the next Assize after the issue Joined, without any Notice given by the Attorney of either side, nor shall such Cause be continued or delayed, unless Special Cause be shewn to and approved of by the Court.

That the Clerk of the General Court shall enter in a particular Docket for that Purpose, all such Cases, and those only, in which any issue is to be tryed, Writ of Enquiry to be executed, Special Verdict or Demurrer to be argued, in the same order as they stood in the Proceedings.

That where a Special Verdict shall be found or where there shall be a Demurrer to Evidence, or Bill of Exception, Time shall be allowed, upon Motion of either Party to the next General Court, to argue the same.

That for the more entire and better Preservation of the Records of the Court where any Cause is finally determined, the Clerk shall enter all the Proceedings therein, and other Matters relating thereto, in a Book to be kept for that Purpose, so that an entire and perfect Record may be made thereof.

That all Causes to be tryed by Jurors, be first heard.

That all Motions in Arrest of Judgment shall be argued in the Four Last Days of the Term the Issue is tryed, or the Court after any issue shall be tryed at the Assize; the Defendant's Attorney first serving the Plaintiff's

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Attorney with a Copy of the Reasons in Arrest of Judgment the next Day after such Motion.

That all Arguments on Writs of Error, Special Verdicts and Demurrers, be heard on the Four last Days of the Term, and at no other Time.

XL. And be it further Enacted, That all the Statutes of Jeofails which are now in force in England are hereby declared to extend and be in Force here; and that the same be duly observed by all the Judges and Justices of the several Courts of Record within this Province, according to the True Intent and Meaning of the said Statutes; any Law, Usage, or Custom, heretofore made to the Contrary, notwithstanding.

XLI. And to the End that a certain Time be limited for the sittings of the General Court and that Persons who have any Suit or Matter there depending, may the better know when to attend, and that their Business may be the better dispatched; Be it Enacted, by the Authority aforesaid, That the General Court shall be held at New Bern Twice every Year, to-wit: On the Second Tuesday in September and March, Yearly, and every Court shall continue to be held Twelve Days, Sundays exclusive, and no longer.

XLII. Provided nevertheless, That if all Suits and other Matters depending in the said Court, shall be ended in less Time than the Days appointed by this Act for the said Court to be holden, it shall and may be lawful to adjourn the same until the next succeeding General Court.

XLIII. And be it further Enacted, by the Authority aforesaid, That the first General Court to be held at New Bern, shall begin on the Second Tuesday in September, next after the Ratification of this Act; to which Time and Place all Business depending in the General Court in July next shall stand continued and adjourned.

XLIV. And forasmuch as in many Cases in the Tryal of Matters of Fact in the General Court it may be necessary to examine several Witnesses, That the Truth in such Cases may be the better known; Be it Enacted by the Authority aforesaid, That the following Orders, Rules and Methods in taking of Affidavits of Witnesses, in all Cases depending or to be depending in the said Court, and every of them, be observed and put in Practice, to-wit,

That in all Causes where Witnesses are to appear at the General Court, a Summons shall be issued by the Clerk, for the Time being, directed to the Sheriff of the County where such Persons reside, expressly mentioning the Time and Place where the Witnesses are to appear, and the Names of the Parties to the Suit wherein they are to give Evidence, and at whose request they are Summoned.

That every Subpoena, made returnable immediately, shall be personally served on any Person who is thereby summoned as a Witness to attend the General Court.

That a Copy of any Subpoena or Summons, issued by the Clerk in the Vacation and returnable on the first day of Court, or any other Day of the Court, or on the first day of the Assize, in Case the Person therein named be not found at home at the Time of going to serve the same, left at the usual Residence or Abode of such Witness or Witnesses therein named, by the Sheriff, Five Days before the return of such Writ, shall be deemed a Good and Valid Service, and the Person thereby bound to appear.

XLV. And be it further Enacted, That if any Person be summoned to attend accordingly, every such Person so failing shall forfeit to the Person or Persons at whose Suit the Summons issued, Twenty Pounds Proclamation Money; and shall be further liable to an Action on the Case, what Damages such Person shall sustain, for want of such Witness's Testimony.

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XLVI. Provided always, That if sufficient Cause be shewn by the Person so summoned, and failing to appear, of his or her incapacity to attend at the Time he or she ought to have appeared, then no Forfeiture or Penalty shall be incurred by such Failure, But if sufficient cause be not shewn at the next succeeding Court after such Failure, upon Notice given, it shall and may be lawful for the said Court upon Motion of the Party for whom such Witness was summoned, to grant Judgment for the Forfeiture aforementioned, against the Person or Persons so summoned and failing to appear, as aforesaid.

XLVII. And be it further Enacted, That if any Witness by Sickness, Age, or other lawful Disability, be incapable of attending to give his or her Evidence, according to such Summons on Oath made thereof, the Judge or Justices of the General Court where such Suit is depending, shall or may, by a Commission or Commissions from time to time as need may require, impower such and as many Persons as they shall think fit and necessary, in any County within this Government, to take and receive all and every of the Depositions of any Person or Persons so disabled, as aforesaid.

XLVIII. Provided always, that the Party praying for and obtaining such Commission or Commissions for taking and receiving any Depositions aforesaid, shall make known to the other Party against whom the same is to be taken, the Time and Place of the Execution of every such Commission, at least Ten Days before the Day for such Execution; who shall have Liberty to cross examine such Witnesses; and all Depositions otherwise taken than is herein directed, shall be to all Intents and Purposes, null and void.

XLIX. And be it further Enacted, That if any Persons whatsoever, be summoned as a Witness, and upon his or her appearance in the General or County Court, or before the Person appointed to take Depositions as aforesaid, shall refuse to give Evidence, upon Oath, such Person so refusing, shall immediately be thereupon committed to the Common Gaol, there to remain without Bail or Mainprize, until he or she shall be willing to give Evidence, upon Oath, in such Manner as the Law now doth, or at any Time hereafter, shall direct.

L. Provided always, that the People called Quakers, shall have the same Liberty of giving their Evidence, by way of Solemn Affirmation or Declaration, as by an Act of Parliament, made in the Eighth Year of the reign of the late King George, intituled An Act, for granting to the People called Quakers, such Forms or Affirmation or Declaration, as may remove the Difficulties which many of them lie under; and that all Negroes, Mulattoes, bond and free, to the Third Generation, and Indian Servants or Slaves, shall be deemed and taken to be Persons incapable in Law to be Witnesses in any Cause whatsoever, except against each other.

LI. And be it further Enacted, That during the Attendance of any Person summoned as a Witness at the General or County Courts, and as the said Person shall be going to and returning from the Place of such Attendance, allowing One Day for every Twenty Five Miles such Person's Residence shall be distant from the same, no Person whosoever shall serve or execute, or cause to be served or executed, upon any Person so attending, going to or returning from such Place of Attendance as aforesaid, any Writ, Process, Warrant, Order, Judgment or Decree in any Cause; and if such shall be served or executed, the same shall be void, to all Intents and Purposes.

LII. And be it further Enacted, That for every Mile any Person shall travel, either in going to or returning from the Place where he or she shall be summoned to appear as a Witness, there shall be paid to him or

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her by the Person or Persons on whose behalf the Summons issued, Three Half Pence, Proclamation Money, per Mile, together with the necessary Charges of Ferriage in going to and returning, and Two Shillings Proclamation Money, Per Day, for every Day's attendance from the time appointed for Appearance, until the Time such Person shall have given his or her Evidence, or shall be discharged.

LIII. And be it further Enacted, That in any Bill of Costs there shall not be allowed the Charge of above Three Witnesses to the Proof of any one particular Matter of Fact.

LIV. Provided always, that no Suit shall be brought to the General Court for a less Sum than Five Pounds, Proclamation Money, unless the Plaintiff and Defendant live in different Counties.

LV. And for the better Establishing the County Courts within this Province, and regulating the Proceedings therein; Be it Enacted, That in every County within this Government respectively, there shall be held Four Courts in the Year, at such Times and Places as heretofore, according to antient Custom and Usage hath been known, used and practised.

LVI. And be it Enacted, by the Authority aforesaid, That the Justices of the aforesaid County Courts, or any Three of them, shall and may take Cognizance of, and are hereby declared to have full Power, and lawful Authority and Jurisdiction to hear, try and determine all Causes, Actions, Suits, Matters and Things at Common Law, where the Debt, Damage and Cause of Action is above Forty Shillings, Proclamation Money, and does not exceed Twenty Pounds like Money; (Actions of Trespass in Ejectment, Writs or Formedon in Descender, Remainder and Reverter, always excepted), and all Petty Larcenies, Assaults, Batteries and Trespasses, Breaches of the Peace, Crimes, Offences, and all other Misdemeanors of what so Kind soever, of an Inferior Nature, may hear, (Forgery and Perjury excepted) by Indictment, Information or Presentment; and all Matters pertaining to Orphans and their Estates, and all Petitions or Filial portions and Legacies, or other parts of Intestates Estates: And that the said Justices of the Peace, and every of them, from Time to Time, and at all Times during their Continuance in that Office, as well out of Court as within, shall have full Power and Authority as amply and fully, to all Intents and Purposes, as Justices of the Peace in the Counties in England, as well out of their Court of Quarter Sessions as within, to preserve, maintain, and keep the Peace within their respective Counties; and in the hearing, trying and determining of all Causes, according to the Authorities and Powers granted to them by this Act, or which shall be granted to them by any other or more Act or Acts, and every of them; shall proceed to do Justice to all Persons whatsoever, according to Law.

LVII. And be it further Enacted, That the Attorney General, for the Time being, is required and Authorized to appoint a Deputy in each County within this Province; which said Deputy shall and may prosecute all Matters, cognizable in the County Court, for and in Behalf of his Majesty, and shall take and receive Thirteen Shillings and Four Pence, Proclamation Money, on each and every Bill of Indictment found, or Presentment made, in the said Court in which he is or shall be Deputy.

LVIII. And that all Persons may be at the greater Certainty when to attend the said Courts; Be it Enacted, by the Authority aforesaid, That The Courts of the several Counties shall be holden on the respective Days and at the respective Places they were usually held, and shall not be adjourned to any other Time than the next succeeding Court which shall be in Course, Quarterly.

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LIX. Provided always, That if it shall so happen that all the Causes depending, or to be depending in any of the said Courts, cannot be heard, tryed, and determined, upon the Day appointed for holding the Courts respectively, that then, and in all such Cases, it shall and may be lawful for the Justices of such Courts, to adjourn and hold the Court, de Die in Diem, so that the said Court shall not continue to be held longer than Five Days; in which Time all Causes and Controversies then depending before them shall he heard, tryed, and determined, or continued over until the next Court in Course.

LX. And for the regular and speedy Prosecution and Determination of all Actions and Suits in the said County Courts, Be it Enacted, by the Authority aforesaid, That the following Rules and Methods shall be observed to be the Practice of the several County Courts within this Province: That all Writs, Summons, or other Process, to bring any Person or Persons into Court from and after the said Fifteenth Day of July, next after the Ratification of this Act shall be signed and bear Test by the Clerk of the County Court from Whence such Process Issues.

LXI. And be it further Enacted, by the Authority aforesaid, That all such Writs, Summons, or other Process, (except Subpoenas to summon Evidences, which may be made returnable immediately) shall be returnable on the first Days of such Court, and shall be executed at least Five Days before the Day mentioned therein for Return thereof; and all Declarations shall be served at least Five Days before the Day of the sitting of the Court: And if any Person issues any Writ or Process whilst such Court is sitting, or within Five Days before the Beginning of any County Court, such Writs or Process shall be returnable to the County Court after that then sitting or beginning within Five Days, as aforesaid, and no otherwise; and all Writs and Process issued, made returnable, or executed at any other Times, and in any other Manner than is herein directed, shall be null and void.

LXII. Provided always, That nothing herein contained shall extend or be construed to invalidate or vacate any Writ, Process, Warrant or Precept, issued by any of the Justices of the County Courts on any Criminal Prosecution, or in his Majesty's Behalf, but the same may be returnable on any Day in the sitting of the said Court; and the Proceedings in all Criminal Suits and Prosecutions shall be had according to the Laws and Statutes of Great Britain and this Province: Anything herein contained to the contrary, in any wise notwithstanding.

LXIII. And be it further Enacted, by the Authority aforesaid, That from and after the said Fifteenth Day of July, when any Writ shall issue to take the Body of any Person to answer unto any Plaintiff, in any Action in a County Court, the Sheriff shall return therewith a Bail Bond, with Two sufficient Securities, for double the Sum for which the Person shall be held in Arrest, (Executors and Administrators only excepted) to the Clerk, on or before the first Day of every Court; and if the Sheriff shall not return Bail, or the Bail so returned shall be found insufficient upon Exception taken thereto, then, and in such Case, the Sheriff shall be taken and stand as Special Bail for the Defendant, and the Plaintiff shall not be delayed in his Suit or Action, but shall and may proceed, according to the Rules hereafter mentioned; and on Judgment, or Recovery, shall take out Execution against the Defendant or Sheriff; any Law, Usage or Custom, to the Contrary, notwithstanding.

LXIV. Provided always, That if the Defendant puts in Special Bail, before the Time to Plead given him hereafter mentioned is expired, then the said Sheriff shall be Discharged.

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LXV. Provided also, That the Sheriff may surrender the Defendant, in Discharge of himself, any Time before final Judgment is obtained against the Defendant.

LXVI. And be it further Enacted, by the Authority aforesaid, That from and after the said Fifteenth Day of July, the Defendant shall enter his Appearance and file his Plea, whether General or Special, the first Court, which, if he fail or neglect to do, the Plaintiff shall have Judgment, by Default; which said Judgment, in Actions of Debt, shall be final, except where Damages are to be suggested on the Roll, in which Cases, and all others where the Plaintiff shall recover in Damages, a Writ of Enquiry shall be executed the next Court. That all Issues, whether General or Special, shall be joined, tryed, and argued, the next succeeding Court, unless sufficient Cause is shewn to such Court why such Causes shall be continued or laid over to the next Court then Succeeding. That all Causes at Issue, ready for Tryal, shall be first heard and tryed. That every Motion in Arrest of Judgment shall be made and argued Ore Tenus the last Day of the same Court the Issue is tryed. That where any Special Verdict shall be found, or Demurrer to Evidence filed, at the Motion of either Party, Time shall be allowed to the next succeeding Court for hearing. That the Clerk of every County Court, when any Cause is finally determined, shall enter all the Pleadings and other Matters relating thereto, into a Book to be kept for the Purpose, that an entire and perfect Record may be made up.

LXVII. And for granting of Appeals for the County Courts, to the General Court, and obtaining Writs of Error to the County Court, Be it Enacted, by the Authority aforesaid, That when any Person or Persons, either Plaintiff or Defendant, shall be dissatisfied with the Judgment of the County Court and pray an Appeal to the General Court, such Person or Persons, before such an Appeal shall be granted, shall enter into a Recognizance, with Two sufficient Sureties, for prosecuting the same, and to perform the Judgment of the General Court, and pay the Condemnation Money, in Case the Appellant shall be cast in the said Suit.

LXVIII. And because it often happens, that in issuing of Process, carrying on the Proceedings, and in rendering Judgment in the said County Court, there is Error, to reverse Judgment; Be it Enacted, That when any Defendant is desirous to prosecute a Writ of Error, he shall move the County Court where such Suit is depending, to allow a Writ of Error, he first entering into a Recognizance as above mentioned; and the said County Court is hereby to allow thereof, as if such Writ of Error was then and there produced.

LXIX. And for carrying on, and prosecuting such Appeals and Writs of Error, to and from the General Court; Be it Enacted by the Authority aforesaid, That the following Rules and Methods of Practice shall and may be observed; to-wit:

That when any Person, either Defendant or Plaintiff, conceives he is injured by any Judgment given in the County Court, he may appeal to the General Court, in Manner and Form as above directed; and a Transcript of the Proceedings of the County Court, shall be filed with a Clerk of the General Court, Fifteen Days before the sitting of the Court, and a Tryal de Novo thereon shall be had at the said General Court, or Court of Assize, where the Visne is laid in any County where the Assize is held, and a Transcript of the Proceedings of such County Court shall be sent down from the General Court to the Assize, in Order for such Tryal, without further Notice given by either Party; and if such Transcript of the Proceedings is not filed within the Time aforesaid, with the Clerk of the General Court, or if the Appellant

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shall fail to appear at the General Court, to prosecute his Appeal, then the Judgment of the County Court shall be affirmed; provided, that there shall be Thirty Days between the Day of Tryal in the County Court, and the next succeeding General Court: But when it so happens, that there are not Thirty Days between such Tryal and the General Court, such Appeal shall be continued, and a Transcript of the Proceedings transmitted to the General Court then next following: And where any Defendant will prosecute a Writ of Error, he must move the County Court where the same is depending, and enter into a Recognizance, as before mentioned, whereupon a Transcript of the Proceedings shall be filed with the Clerk of the General Court, Fifteen Days before the Court; and the Defendant prosecuting such Writ of Error, shall assign and file Errors Fifteen Days before the Court; and in Case such Defendant shall neglect to file such Writ, and assign Error, as above said, or shall fail to appear and argue such, then the Judgment of the County Court shall be affirmed: Provided, That there shall be Thirty Days between such Motion for obtaining a Writ of Error, and the Time of holding the General Court.

LXX. And in Order to oblige the Clerks of the County Courts to draw Transcripts in such Causes where an Appeal is granted, or Writ of Error allowed, Be it Enacted, That in every County Court wtihin this Government, when an Appeal shall be granted, or Writ of Error allowed, the Clerk of such Court shall immediately make up a full and perfect Record of all the Proceedings in such Causes and shall with twelve days after the adjournment of the said Court, give an attested Transcript of such Record to the Person appealing, or to whom the Writ of Error is allowed; and every Clerk neglecting to do the same, shall forfeit and pay, to the Appellant, or Defendant, the Sum of Five Pounds, Proclamation Money; to be recovered, by such Appellant or Defendant, by Action of Debt, Bill, Plaint, or Information, in the County or General Court; wherein no Essoign, Injunction, or Wager of Law, shall be allowed of: And the said Clerk shall also be liable to an Action on the Case for Damages, to be recovered by the Person who is hereby intituled to an attested Transcript.

LXXI. And be it further Enacted, by the Authority aforesaid, That all and every Clerk and Clerks of the several County Courts within this Province shall be obliged to attend, One Day in every Week, either at his Place of Abode in the said County, or at the Clerk's Office, to-wit, every Monday, from Nine of the Clock in the Morning, 'til One, and from Two 'til Five, in the Afternoon; and every Clerk, on Failure thereof and neglecting the Business of the County, for his Non-attendance, shall forfeit and pay, to any Person who hath Business with the said Clerk, and wants any Thing from his Office, who shall sue for the same, Five Pounds, Proclamation Money; to be Recovered by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, or Wager of Law, shall be allowed of.

LXXII. And be it further Enacted, by the Authority aforesaid, That no Writ, Process, Action, Suit, Complaint, or Prosecution, depending in the General or County Courts within this Province, shall be discontinued by Reason or Cause of Sickness happening to the Chief Justice, or any of the Justices of the County Courts, or on his or their failing to meet on the Day, and at the Time appointed, to hold such Court and Courts; but that all Writs, Process, Actions, Suits, Complaints, Prosecutions, and all Matters and Things incident thereto, shall be continued, and be in Force and Virtue, as if such General and County Courts had been regularly holden; and that it shall and may be lawful for any Associate Justice, in the General Court, or

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any one Justice of the County Court, to adjourn the said Court, de Die in Diem; any Law, Custom or Usage, to the contrary, notwithstanding.

LXXIII. And be it further Enacted, by the Authority aforesaid, That the Act, intituled, An Act for ascertaining the Time and Method for executing and Return of original Writs, and for the better regulating divers Proceedings in the Court of Pleas; the Act, intituled An Act concerning Evidences; the Act, intituled, an Act for the Relief of such Creditors whose Debtors, having Lands in this Government, depart without leaving personal Estate sufficient to pay their Debts; and so much of the act, intituled, an Act concerning Appeals and Writs of Error, as any way relates to Appeals and Writs of Error; the Act, intituled an Act for Regulating Proceedings on original Attachments; and the Act, intituled, An Act for appointing Circuit Courts, and for enlarging the Power of the County Courts; and every Clause and Clauses, Article and Articles of them, and every of them, as are within the Purview of this Act, is and are hereby Repealed, to all Intents and Purposes whatsoever.

Signed by
GABRIEL JOHNSTON, ESQ., Governor.
Eleazer Allen, President.
SAMUEL SWANN, Speaker.