Newspapers / The State Gazette of … / Jan. 21, 1791, edition 1 / Page 1
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S: T A T E G A fZ 'E ',T; T E V A N: O R T Ft - C A R E p E N T O N; Printed by II O D G E WILLS, Pri-ntf rs to the State,' by whom Subscrip tions for this paper aret $ss h"afir'(l .wcek'litttt .svfor'e very''ti me afterwards, larger ones in proportion. ' r t T ... F Vol. VI. F R I D A Y, January 2i, 1791 Numb. 263. " An 'Aft. Iq amend an Aft, entitled, A n A dl for eftablifhing. Courts 0 f Law, and regulating the Proceed ings therein, anoiht r A", 'eh- . tilled. An Adt forgiving an Equi- vty J u r 1 Td L d t i b 21 ' to the ; Superior . Courts.. J 11 7 HERE AS it bath become nc- cciTary to a due and regular the terms of the fupcrior courts of law, and the courts . of equity (hould be en- '. larged, and that the bufinefs in the faid TCoaxtsHhould-be dited as to be lefsexpenfive to the fuitor, and more convenient to jurors and wit nLiTcs : , e it therefore cnacled by the Gene ral AJembly of the Jlate of North-Carolina, and it is hereby enacledJby the autho rity of the 'fame, ...That from and after the tenth day of Januajry next, the faid fuperior courts of law and courts of equity fliall be, an d the fame are here by, divided into ridings, that is to fay, The. diitrifts of Mbrgan, - Salisbury, Hillsborough and Fayetteville.: "ihali " conftitute oneL riding, and be diftin guiflied-and known by the name of the Tveftern riding and the dift riQr, of Ha- term fliall continue thirteen days ex--cluGve .of Sundays,- by adjournment from day to d a j i f the b u fin e fs (hould require fo long' time ; but otherwife may be fooner determined. Provided always, That if the day by this act j appointed for ho.ding any of the faid courts, Jbould happen to Jail on bun day, then fuch court lhali be held the next fucceedmg day, any thing herein admlnift ration of 1 if ax, E d e n ton Nc wber a an d W i 1 m i ng -tonl-mall ' . f f 1 ir 1 " n It and be didinguiihed and "known by the ma me of the ealtern riding :Ahdthe faid federal fuperior courts of law and courts of equity in the ridings before uneritioned, (hall be held for their re ;ipec"live diftri.s, at the following pla and on the following days, that is Sofa, In the wei'tem riding, for the September; for the ,.di(tri:t of Sa ! i f-; Hbury, at the toa ;,;,.tfvntb rl:wR nf March and Sentcm-. ho tnwn ot Hi tooroun-n. on fixh davs of Avri and OtoW ; for the diftriaof Fayette wile at the town of FayetteviHe'on the tvcnty-fhird - days -of, April and. Oclober, In the - eaftern riding," for the li.rlrit of Hai. Hfax, at the town of" Halif.! xr:. on. ;t he twenty-third d.is of .. April an I Oro: ber ; fdr the diltri:V of Edenton at the' to wn of Eden ton , on t he fi xtli day s of April an d Oaober ; for the d i ft r i d of : . ; Newborn, at th e town of Newborn, on - tl le nineteentndivys of Iarch and Sep tember; for the diaria.of Witming tnii: at the town of Wilmington, on. V the firft days of March and September : rio whicn times retpectic;.yj ft and in?." II. And be it further enabled by the ait thority aforefaid, 'i h t one Jun ge fha 1 1 be appointed in addition to the prefent n u inlJeTo f t hTJif dgs lof thefitl-eaurtSr- who (hall have, ule, exercite and en joy the fame pbwers,autHoritres, rights, -privileges and pre-eminences, as are ufed, exercifed and enjoyed by the pre fent Judges of faid courts, under the faid act, entitled, An ad for eftab liQiing courts of law and regulating the proceedings therein," or any other at or law whatfoever of this ft ate. And the Judges of faid courts fliall fo arrange their attendance at faid courts, thattwo of them fhall regular ly attend the courts of the weftern rid ing, and the other two,- thofe of the eaftern riding, and in fuch manner that any" twooft he faid -J udges lhal I but one of the faid judges alLnals: inta the other riding at each fucceeding circuit, and this change fliall be per formed by thern in regular rotation. Provided, Th at the Judge To to be ad dedj .flulLbefore He ail as fuch, take tfie oaths direed bf law to be'laketi by the Judges of the fid fuperior courts. --.'f- J., III Andfc it further ewfteJhyihe,auth nty aforejaia,: 1 n-u uic j uus uuuu- , UlP'tne COUrrS WIIIllU lUC, I uu i hiiiii V. And be it further enafled by the authority aforefaid, That each of the Judges of faid courts ihall be. allowed the fum of eight hundred pounds' an nually, in full compensation for all ftrviccs : and in cafe the faid Judges, or either Of them, (hould fail to attend at any of the faid f courts, "upon fuch failure the fum of feven pounds per day fliall be deducted for every day they fliall be abfent during each term, fick nefs or other unavoidable accidents ex VI. AW be it further enaeled by the authority aforefaid, That ' the Clerks of JiljreJiiejcmepurts. Ihall certify to the Treaforer the ' numHrMaysHKiich Judge ftiall have failed to attend , the courts as v by this acVdireted, under The penalty of fifty, pounds for every negledt ; and the Treafiirer fliall de dui from the falary of fuch Judge accordingly. VIL .And be it further enacted by the at the eiiiiof - each termhereffh.Ul at their difcretiou divide and dHtributer authority aforefaid, TliaTbne other per- Ion, being a man of abilities, integrity" -and learned in the law, fli:i!l be appoint- -ed Solicitor-General fcr the ftate, who fliall have the' fame powers, and be un- . der the fame reltriclions, and have the fame, ajlowances and fees as' the Attorney- General of this flate : and the ioIiHtGFitc r a 1 an d A ttorncy G enera 1 -fhal 1 -arra ngethelbufi n eiGHIf f u c h. manner as may be m o ft con v e n i ent '"to themfelves, fo that one of them ha:l attend in each riding ; .and the faid S 1 icit ots G e n t Lai J1) all be a pippin t ed by joint ballot ofj both houfes of the General A lie m hi y.;;.. VIII. kndht it further enacled by fbi authority aforefaid,: That all indictments for , a fl'tiilts, bat te rics a n d pe t i t larce- . tl iesr nd a a. to n s f or flanderfhal w f u t ur'd origina te i n th e coun t y courtso f plcan and qUIrter-ielhons only . IJi. ill 111 ue-. i t 'it- , a w . .. thi3b;u1jmB p irt of the; next term or each retpec--r f v (v ci) tir inn der foch r u le s as.t he v, fh ill ' think fir ; which rule or orier (haU be'1 advercifed by the Clerk ct fv..-i .court at ei ery , court home or every county within the faid d iftrit' wit hi n fixty days, under the penaltv of two hun ters!and;'thing ;depj ccrfrfhall flandi d red Founds to be recovered by a .Hon of deb t in any court having, cogni z ati e f thereof ; and for which fervice the j Clerk fhrd be allowed t-venty fhillin.'S "for each county, -to hz paid by the ; Treafurer of this flate on alfidavit to : , b.z made by the Clerk, ; v .1 AV. And be it further en.i.led by the -niLmi&pnty aprnaia, mai wun mt.-. . ror s a ttendi ng the. uid cour ts Jiu 11 be 4 allowed as heretofore. ' v - ' .; 1 nofunjmo n w rit , dec laratioti , ret u rns, jiro'cefullgme tngs int lie civil eaiifes in any court bfs record, fliall be abated, arreted, quafli e' 1 n r r e Ve r fed f Or a n y d e fel or .want........ of form, but the fud courts refpeclivc fy ihall proceed and give judgment ac--crglyraJhfjriht of the caufe and, m itter in law (hall appear unto them, without regarding any iniperfeclions, i; defccls or Avant of form in fuch writ, ... declaration or other pleading, return, . procefs, judgment or courfe of pro c c ed ing. y hatfc CYcr4 ex f e pt thofe on 1 y . jn cafes of demurrer, which the party demurring Ihall fpecially fet down and exprefip together with his demurrer aa.j,' thc.caufeherof rid the iaid courts cr the lo t " 5 , 'X,:
The State Gazette of North-Carolina (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 21, 1791, edition 1
1
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