a'
.f ...
"V I
K . . .
1
ki.' - 4 ' m
, - ....... i .. "' ".I "' ' "' " - ; 1 j ' ...i.-...- .ii., i i f, I,,,. .. I., njiii .., i . i , . .-.i ii '"' , 1 .",n,'T""1r"-'"" ' " ' . " tirf.rrinr ,..,-.--,- -
XAWS OP NORTH CAROLINA.
passed at toe session or 1S3G37,
. LtlrtiVctt Statute .
let concerning Court of Justice, Practice, Pleas and
'"-' 7, - Process, f
(CoaCLGBKO,
Sec- 64. In taking the testimony of witnesses in all causes
wmcn may oe uepenmng in the superior or counij courts, me
loiiowing piles snau oe observed and put tn practice, lo wit :
In all suits where witneses are to appear at any of the said
courts, the xjerk. at jhe request of .fthe wVhaM wW'fc-wM'
poena directed to the sheriflT, or other officer of the countjr,
where such witness or witnesses are said to reside, mentioning
the time anu place lor his, her or their appearance, the name
.r a. t : . - jt.i ...Ii ...i ii. . l il.
oi uiu panics iu mo suit wncrem me lesuinony ii io ue given,
W hen 4 special veruict snau te loumi, a case agreed, a,ue- an(J the party at whose instance such witness or witnesses is or
murrer filed, or a bill of exceptions to the evidence tendered, are summoned. " . . .
time may be. airoweju7'upofr wtoHhrfrty-f to-the-next
term to argue the same.
"ITver j sutpen a
Anl n torm lima anil felt ft 41 Kjs irjacnnli ar inruarl w m 1 f
Iuany matter or suit depending in any of said courts, either' neM or witnesses therein named.
. ..j . - . . . t- ......
planum pr ueienuani may enter nis own pieas anu aetenit his A copT of everJ ,ubp0ena issued by the clerks in the vara
own cause; and noTnstrument of writing., whirl contains the tion. in case the witness or witnesses therein named is or are
substance shall be lost or ilestroyed for want of form. not to founJ may be eft at thei(; uga, placc of re8-Menf e ,
For the better preservation of the records of the courts whenj.nj such copy, certified by the sheriff or other ofncer.left as
an cause is hnally ddermiued, the cjerlt of each court shall , aforesaid, shall be deemed a legal summons and the person
cmer an uic piucccuuigs uici em hi uoo wen uuuhu, biiu an or persona therein nsmed shall be bound to appear in the same
a ft. a 4
vttre ami perieci recoru maue tnereoi, :
1 TaII jury causes shall be first tried. -
vNMI motions in arrest of judgment shall be argued within the
rfhree last dars of the term in which the issue shall be tried, the
defendant's attorney first serving the plaintiff's attorney with
a copy of the reasons io arrest of judgment, unless upon suffi
cient cause shown anu approved Jul by the court further time
shall oe allowed. -
manner as if personally summoned.
Seo. G3. Every witness being summoned to appear in any
of the said courts, in manner as herein before directed, either in
a civil suit or in t criminal prosecution or plea of the State,
shall appear accordingly and continue to attend, from term to
" r.-l ..1 . . . . .r
term, until uiscnargeuj wnen summoned in t civu sun Dy tne
court, or the party at whose instance such
nioye'V E-wen-su m monetrt mrc ri m i n a
ofii-
, .'i--iB-Jr ; -' IJ-J'-I-JJ
.rguinenM WTVTi orfrror, special veruicts, cases agreed, 0r tne State, until ilischareed br thetourt. the prosecutinsr
C9.v. w tii.uiM Hni, (iiv iuui task uaj, ui ICtlll.
Nor pica in abatement thall hi received in any of the said
courts, unless the party offering the same shall, by affidavit or
.r ' .1 . ...... I . ... -I. . I .
Oincrwise, prove mo iruut ui bucii pica.
out the county. ,. Provided, that in counties where witnesses
are by law allowed a greater sum than above stated, per day,
for attending County Courts, they shall continue to be paid as
heretofore. ' . ;: ; ' . . ,..'''' '
"Sei-f4f When i any "cause shll be removed from the Su
perior Court of any county to another, after the order of remov
al, depositions may be taken In the case, and Subpoena lor the
attendance of witnesses,', and commissions to take depositions,
may issue from either of laid courts, under the same rules as if
the case had been originally commenced in the. court from
which the subpoenas or commissions issued.
Skc. 75. fcve wTio"
sKail aUend"Tiiy of the Superior or County Courts of this state
as a witness in any suit, (those wherein the state is a party ex
cepted,) shall at each court, before the clerk thereof or his law
ful deputy, ascertain by his or her onlhlor affirmation, the sum
due for travelling to and from court, attendance and ferriage,
which shall be certified by the clerk or his lawful deputy and
on Failure of the party at whose instance ucli witness was sum
moned, to pay off and discharge the same previous to the de
parture of the witness from the court, it shall be lawful for
such witness to sue for and recover the same front the party
summoning him or her, at such time as he or she mar. see pro
per, before any jurisdiction having Cognizance thereof j and the
certificate of the clerk or his lawful deputy shall be sufficient
,.p,i. . r ;.i..t ..i '.i... ! ...i
III civil sun uj met bhh;ih,o ui iiiB.ucui i iviiutu uiutiyt, in anj ific wiic,(p- -tt
witncsjhallie-jiujn
TTrosecution or plea! ticket :or ccrtifirale, iVshall and may be lawful fur such justice, ! S X 2
n
o
5-S
2 "2 k- a. o- a o
I 2 ? . 3 T3 3 3 ' 2 Zv? g."
. f . . . c-- Boa a
3 ! n ? rr. ... ...
,2S ,s S
f6
3"
a.
;3
as
er
o 5
o 2 o
2
3 5
2 S
? 3
a
BB -1 X
E.2.- ?.a 5 5 s
B a S C
O 0 - V- O 3
V-.5C2 EJ.s"' j 5 ?
n p o o o S J
It
1?
w 2-o
S S 3
3 S
a
C
3
at
m Z3
3- T7 I
3
S3
?.r,,.?
2. s o
5 a
s a
2. ci
7 "Its-S
a
....
3"
" Cm,
1 n n a 3
3 3.
v Where a plea in abatement shall be pleaded, and upon arcu-
-mentihetsamr
recoyer against the defendant full c-ts to. the time of over-ru-
't i . i.ir .1. . ...r! . . i .i
ling sucn piea, inciuuing ine cubis ui cuuri anu ine piainun
in replevin or uetendant in any other action may plead as many
several matters as may be necessary for his defence, so fliat he
"iriayliil be pennTttcd to pTeadlintf deniurto the whole. -
The entering a plea since the last continuance ofa suit at
law, shall in no case whatever be construed a relinquishment
of any plea previously entered, but the same shall rOin the
like force and operation which it would have had, if such plea
since the last continuance, had not been entered. .
All issues whether generator special, shall be heard and
tried the next succeeding term after the issue shall be made
up, unless by. content of parties, or on sufficient cause shown
fct th court by-affidavit file4r uch cause should b continued ;
ttorshaH- anytrtttte ba continued at any teymrtturDy cohscht
or on amuavn snowinz suiucieni cause.
Whenever it shall be the opinion of the court, that the party
praying a, continuance, shall not obtain it without payment of
cos: a, thCwhole Dtlhcse aosts shall be paid before the contin
uance is granted, and the party piying such costs shall not b
entitled to recover them, a though the judgment of the court
shall finally be in his fnvor.
It shall nut be lawful for either, plaintiff or defendant to em
ploy In any matter or suit more than one attorney to speak in
such matter-or suit in court, and the courts in this State are'
hereby directed, not to suifer mare than one attorney s afore
said, in any matters whatever to plead for eithefplaintiff or'
defendant to any suit, under penalty of a violation of this act.
Every attorney in any of the courts of law and equity in this
State, who shall claim to enter, an appearance for any person
or persons in any of said courts, shall upon being required so
to do, produce and file in the clerk's office of the court in
which he shall so claim to enter an appearance, power or au-
in
klelault thereofy. sha.il forfeit and pay to the. party at whose in
stance the subpoena issued, the sum ot forty dollars, and. shall
be further liable to the action of said party for. the full damages
which may" be sustained for the want of such witnesses' testi-jnony..whaihalljecover4Usam4y-Mire-faclasTWTthcostsT
or if summoned in a criminaf prosecution or plea of the State,
shall forfeit and pay the sum of eighty dollars, for the use of
the State, unless upon notice issued anil made known, sufficient
cause be shewn at the next court for such failure; in which
case his forfeiture shall be remitted, andlie shall be discharged
from -all '-tttAt. ;J' i ' '' ':. -......... t.
Sec. 66. Provided alwayi. That if it shall so happen that
the civil suit depending, shall in the vacation be accommodated
and settled between the parties, and the party at whose instance
such witness was summoned, should neglect or omit to dis
charge him or her from further attendance, and he or she, for
want of such discharge, should attend at the nxt term, then
and in that case the witness, upon oath made of the facts, shall
I be entitled to a ticket from the clerk, in the same manner as
othep witnesses. anir haU.reco
stance ho was summoned, the same allowance which by this act
is given to witnesses for their attendance at said court, with
costs. Provided also. That if any witness shall swear falsely
in order to ob'ain a ticket, he shall -upon-conviction be adjudg
ed "gu i Ity of pei jury, and in flfcr f 1 n cases of corrll pt and wil
ful perjury. . ' " ; , ' :.' ' '
Sec. 67. , .5i provided further, -That if at the nex t succeed
ing term of said court, suDu iei.t cause be shqWn byjhe person
so summoned, and failingloTippearTiriiis or her incapacity to
attend at the time and place mentioned in the subpoena, then
no forfeiture or penalty shall be incurred by such failure and
said witness, so exonerated, shall not be subject to any costs
winch may have accrued ; but it on notice Riven by the court.
sufficient cause be not shown at the next succeeding term after
such "failureTlf "shall an on mo-,
lion, to grant judgment and award execution for the forfeiture
before mentioned against the person so summoned, and failing
to appear as aforesaul. ; v v .'"'. h
Sec. 08. When any person who may be a witness in any civil
h.lviriT nrrvinnul V iltrnrpl Sllrtl tirt vl ifrilimr llip wnnl iml.r.
a
CT . m -4. & c u -
m zl e ' a.3 c-la s
o
e TO 2
by some persoii jluly authorisetLin lhat beha'f, ,rpPiVe4 That
when any attorney in any of said courts shall claim to enter an
appearance by virtue of a. letter to him directed, whether such
letter purport a generator particular employment, and it shall
be necessary for. said attorney to retain saw letters in his own
possession, he shall on the production of said letters, setting
forth such employment, be allowed to enter ITis appearance; and
it shall be the duty of the cleric to note to that effect upon the
docket. ; ,v. : ' : ' W; ' ' '"V . - .
. No attorney shall be permitted to enter an appearance for
his" client or clients, without producing to the court when re
quired, such power or letters; and uponlits failure to do so, the
same proceedings shall be had thereon, as in cases where no
appearance is entered. -v ,v.--t -
: sko. 63. .'In ail actions, brought in any of said courts, on
any bond oe bonds, or on any penal sum for the non-performance
of any covenant 6. agreements,, in any indenture, deed
many breaches as he or they shall think fit; and the jury on "the
trial of such -action or actions shall and may assess not only
8MhjJi
such cases, but also damiges for such of the said breaches so
to be assigned, as the plaintiff upon the triaLotlheJssues shall
provetahave been broken, and-the like iudiment shall be en -
itred oh surH verdict as heretofore hath been usually, done in
juld actions; and if judgment shall be given for the plain
itm on a demurrer, or by confession or nihil dicit. the plaintiff
I upon me recoru, may sueges as many breaches oi the cove
fnants and agreements ss he may think fit; upon which a jury
shall be empannelled to enquire of the truth of any one of
tlnse breaches, and to assess the damages that the plaintiff shall
' ,,J sastained ; thereby; which enquiry by the jury shall be ;
toade as in other eases of judgment by default; and in case the
defendant of defendants after such judgment entered, snd be
foreexecutiiin..executedshall pay intathexjiurtwherelheac-.
tion shall be brought, to the use of the plaintiff or plaintiffs, or
his or their executors or administrators,, such damages so to be
assessed by reason of all or any of the breaches of such cove
nants, together with the costs of suit, a stay ol execution of
.said judgment shall be entered on record; or if by reason of any
execution executed, the plaintifi or plaintiffs, or his or their exec
utors or administrators shall be fully paid or satisfied, all such
f damages so to be assessed, with his or their costs of suit, and all
reasonable charges and expenses for executingthe said execution,
the bod- land or Roods of the defendant shall be thereupon
I -rthwith discharged from the said execution. whidi jhalUikel
4w.se oe entered upon the record; but notwithstanding in each
case such judgment shall remain, coutinue. and be as a further
Security to answer to the plaintiff or plaintiffs, and his or their
xecutors snd administrators, such damages as shall or may be
Sustained for further breach r any covenants in the same in
tuXV deed or writing contained; upon which the plaintiff or
piamtia. may haYe a ic, racial opon the aiJ judgment tain(lt
the defendant, or against his heirs nrliis executors or adminis
trators, suggesting other breaches of the said covenants or agree
ments, and to summon him or them respectively, to shew cause
why execution shall not be had or awarded upon the said jud2
tnent; upn which there Bha e ,;ke pr0CeetIin ut?t
2.2!LtefT wf debtP.on the b nd or obligation for as
l . Vam"e uPon f iues joined upon such breach
!r": ??ulf7 thereof, upon a writ to be awarded in manner as
enamj tnrt paTment or gatigfaction in mmm.ru .r,,r.:
aforesaid, all
to be stay
body, lands
aforesaid.
thority to that eaect, sinejlbjr the
one oi mem, tor wnom ue is aoout to enter an appearance, or I snail by yea
the pers(n aKai'nsL,Vli'ni recovery is had thereon..
Sec. 76. At the court at which any cause shall be finally
determined, j.he party in whose favor judgment shall be given
shall file or causa to be fild. the certificates of the attendance
fwttnmet-tinltr
taxed in webni olcosTs, to be levied and recovered for the be
nefit of said partj; any thing to the contrary notwithstanding:
Provided the party cast, shall riot be obliged to pay for more
than two witnesses to prove any single fact, v: " ; IT" ,r .
Sec. 77. The clerks of the several superior courts of law
and equity,' and clerks of tho county courts, shall tax the party
bound to pay the costs ir the suit, with the cwts of publication
in the newspapers which have been ordered by the court, ami
with the postage of all letters which covet the transfer uf ori"i
rial or mesne process from one county to another. " : ? )
Sec. 78. In all cases where witnesses are required (o at
tend any commissioners, referees, order of survey, ,or jury of
view, a summon shall be issued by the clerk of the court at the
request or.either4)arty ortheir agciO, expressing -thelay and
place where they are to appear the names tf the flarTle to the
uikD'Uov!Me..bhal
muneu in pursuance of tins section, shall be entitled to the
same privileges, and receive the same pay for their attendance.
anu uc auujeci io ine same pains auu penalties lor tiun-attcll
uance, as witnesses summoned to attend the courts.
Sec. 79. In all actions whatsoever, the party in whose
favor judgment shall bs given; or in casu of non-suit, dis-
m-.ssion or discoutmuance. the K'K-ndant s'isM be entitled to
full costs, unless when it is or may be otherwise d.rccted by
statute.'!'. ' .''. ji'S.p ' '-v.'..-?-..'V
bp.c. 80. In all cases where there are or shall be mufual debts
subsisting between the plaintiff and defendant, or if eilher parly
sue or be sued as executor or administrator, where there are
mutu:iljlebtsBubsist
eiiuer pari y, one ieot may
2 m n,i ?9 " ta &i - -
- s- c 3 a o -a c a o a sr m' ,
S . 3 i I " 2 ? S " if g 2 a
! it - ' su' d &a A !E ,i . O
S ' ES mm 1 " -Z
s? I S 3 Vsjijr0 3
O 1 J J 2 . 2 M :'
3 " 2. 3 .5 s a.r.S.
E. 2 1 m 5. 2. 2. 5 2 m
i a
mm r m. m . BA m r-. r
rrja
Hm C m 5 Q
rt
S e
8 rr g 7
c - .
a." s 3 s? o s,
8'SS."S's"2.
8
o 3 C.J3 5 1 n n s 7
S- p s-3 2 o-S. a e 3-3 , 3 ; .
i 3 . n ? r 3 - . i jj .
-T - 3 w -rt-s--r "i'y'
M S 5 ..si -a js -s j; -2' S n -r- s,r zf ..
- .
3.5:.
be set sgainst the other,, either by
rn in evidence on the general issue,
beinx pleaded in bar or give
on notice given of the particular sum intended to be irtnO'
and on what account the same U due, notwilhstandinz such
pebts shall or may be deemed in law to be of different natuiejj.
uuv ii rmtfi tivji oimsc ujr u'usvmi ui iianjr me uni iinrni
reason of age, bodily infirmity or other cause be inca-jetlto be set off shall be pleaded in bar, selling lorth whut is
kiiii a v a
r..-.k " ,uture ams;ei costs and charges as
further nri...,..i' . . . . .i . . . .
, ..... M.vvccuinss on tne said judgment are again
. and so toties quoties. and the defendant, his
d pwds shall be discharged out of execution as
''-'- tr'? f"-:' ';..,,;;J":-' ;,:.;', ' - v ' '-.';
pable of attending to give his testimony in court, or shall be in
a dangeroua state ot iieattnror about to leave the state, oath
thereof being made, or the truth of the matter otherwise appear
ing, or when either party to a civil suit shall require the testi
mony of the Guvcrnor, the Secretary of State, the Treasurer,
Comptroller, or any Judge of the Superior or Supreme Courts,
or of the Attorney General, or any of the Solicitors of the State
in the trial of said suit, the court wherein such suit is depend
ing, shall and may, by commission, empower such and so many
persons as may be thought necessary, to take arid receive the
deposition of such, witness ; which, being duly taken and - re
turned as herein after is directed, shall be received as legal
testimony. , And in all cases where depositions are taken in a
court of law, it shall be lawful for the court to direct the clerk
to pass upon such depositions, under the same rules, regula
tions and restrictions as are observed by clerks and masters in 4 same.
justly due on either side.
."IS ec,I 8 f rilT alt civil", rases whatsoever,-tirrrvidenrrof ail
negroes, Indians, mulattoes, and of all persons of mixed blood,
descended from negro nr Indian ancestors to the fourtli jgenera
tion Inclusive,' (though one ancestor of each generation may
have been a white person,) whether the person or persons whose
evidence is offered be bond or free, shall be inadmissible, a. d
the witnesses incompetent, except against each other. -
Sec. 82. In all actions upon the case for slanderous words,
and in all actions of assault and battery, if the jury upon, the
trial of the issue in such action, or the jury that shall enquire
of the damages do find or assess the damages under four dol
lars, then the olaintiff or nlaintiffs in such action or actions shall
!lisA ami vaAVAF niil V Bik m il ri lftcta fia 4l a ilims iraa an Mtmn
or assessed shall amouut unto," without further increase of the
Z"3
9-3
- !?..
S.S-
fe. S 3 S
ar.m,
9 X
2 -gr
Of,
3 5 .
a t
e 4
, 3" I
"I
crn
e e
CI M) - 2 " C 1
is- - crw
2 ? r- X
9 . CT
a c rr" n
t. 3 o sr
o
3
s-3.-.r a
- 5 -o r.--'.. s--a
so...
" fc- s
... S. 3 -i rr- "O rt 5 C-a n ? o o sr
S s a e- tt S 2 X 2 ' - n o '
t . uj 1 -a rt . s w n
ra i..-r u m e a
s-e - - -----e-2--ei-.-s
.5
I) u 5 - P 2 s a " n r. T
o
" m.
a o X 2 &
3
' 5
0
B 5-
2" A
2.5 -i
sr S 3
a a. a- 5 '2 3 " 5 ST
fa -i?Tg - S
chancery, in passing on depositions to be read in chancery,
Sko. 69. Provided olwovt, that the party praying such
Sko. 83. In aU actions of trespass 'quart etautum fresit.
wherein the defendant or defend. nts shall disclaim, in his or
the trespass is, bylthedexkralioiusuppoaed tobe-doneraiiTt
oiinliCIllralt
time and place, when and where such commission is to be ex
ecutedr aa thercourjthaithtn1rpop pa r.t v
shall have power to cross examine any witness whose deirosi
tiuri hll hw an kn-, unit alt ilpnnsitiiina nfliprwilM tiiLpn ttinn ' th Iracnnu vuam Ytv ntrl!frnr0 nr invnlnntirv n.l i.ml. j.iu J .m9HL-2-t&-m'--f& -3
-t-it 'r.-ir -xT-rrr-,rr-i' :rv:- :'X':' r'-r"r: "i".n i. : i T W" rv . . r .. ... .. ..." . . 1. rr. - 'J "to r c us S
the trespass be by oeslizence or invnluntary, the defendant or
defendants shall be permitted to plead a JscIaiwer and that
asiiereiriTs direcTed, unless oy'conscni of parties, shall be void 'offer of sufficient amends for such trespass brought,' whereupon
iu an iiiienis ami purptises. - ' or upoi some oi mem, tne piainun or piauuiin snau oe eniorc-
Seo. 70. If any person who may be a witness in any cause ed to join issue, and the said issue be found for the defendants,
depending in any of the said courts, shall be under the neccs ior the plaintiffs shall be non-suited, the plaintiff shall be clear
sity of le avinx the state before such cause is to be tried, or i ly barred from the said action and all other, suits concerninc
even before sucli Cause shall be at issue, or be in a dangerous the same. ': '' 7" -:'v-''';- ''' ''''' ':"'"' ' f
state of health, upon oath thereof made, before any of the jus- j Seo. 84. : When several persons .are made jleff-ndants io
tices of the said courts, such justice is hereby empowered to any action of trespass, assault and battery, false imnrisonment
order the clerk jof the court where sucTi cause is depending, to.or ejectment, any one or more of them shall upon the trial
issue a commission to one ornrnwerpersons to take the deposi- ' thereof be acquitted by verdict, every person or persons so
f( .n.t, I, inn. . . 1 .1 . j -u I .1. .11 I ...I I I . . r ..... I i
"u mii iiui.vs wcuig ui si itcu iu me Buvcrse par- acquiuru snail nave anu rrcover ins cosis oi sun in nice man-
ty of the time and place, when-and whete such deposition ts lo ner asif a verdict had been given asainst thr plaintiff nrplain
be taken, as follows, to wit : Where the party to be notified tiffs and acquitted all the defendants, unless the Judge before
does not reside, or is not more than ten miles from the ptace-pwhom sucb cause shall be tried ahall immediately after the
where the deposition is to be taken, three days previous notice trial thereof, in open court, certify upon the record, under his
of the time and place ; in all other cases one Jay mdre for every hand, that there was a reasonable cause for the making such
additional ten miles which deposition, when returned, taken ' person or persons a defendant or defendants to such action or
in manner aforesaid, shall be received as legal evidence. i plaint. v " II " " ' I 7 'f
Sec. 7U If any person who shall be summoned as a wit-, Sec. 85. la alt causes -depending in any of said courts, in
ness in any of the said courts, or before any persons annoint- which the Droduction of an original onoer. lod-'ed in anv of the
ed to take deposition's as aforesaid, shall refuse to give testi-' 'public offices of 'the State, ..ot in any office of a coiioty, Superior
mony on oath, such person o refusinfl; shall by the curt orty"6r upremi Court, shall become necessary, the said court shall
the commissioners before whom he shall be summoned, be com- have power to issue the process of subpoena twcea tecum, requi-
mitten to the common prison, there to remain without bail or ring such persons as hold said offices respectively to attend the
rn.;...;.. ...ill'l.. .L.ll U. ...:n? . I. ' . r ... .t ; i !..!. ... ft. :
"'""C""! "iit uc snau uc wining iv gie lesumony in sucn court irora wnence saiu procesn issaeu, who sucn original pa
manner as die law doth or may direct ' . 17 7 I i per, in likejjmanner and under the samepenalties as witnesses
Seo. 72. puring the attendance of any'person summoned are requiretf to attend in cases of subpoenas to testify. ; '
as a witness to any court whatsoever, and during the time that j , Sec. 86. 'IV said courts shall have lull power in the trial
such person is going to and. returning from the place of such -of actions before them, on motion, and due notice thereof being
attendance, allowing one day for every twenty-five miles such given, to require the parties to produce books or writings in
witness has to travel to and from his place of residence, no their possession or power, which contain evidence pertinent to
sheriff or other officer shall serve or execute on such persons so the issue in cases, and under circumstances where they might
attending, coins to or returning from said court, anv writ or be comnelled to nroduce the same bv the ordinary ruUs of nro-
other "civil process, warrant, .order, judgment or decree in anyceedine in chancery and il a plaintiff shall fail to comply with
rim, t. r.. ... i r L .t..i i i , . i i. i. .11 . .. .:.r..
. m 3 - -3--4-5.. - srw-- -3-5. -a -Zrr-t.'.- ...
V " V) . .
7 v""ii"" iur wiinrsses txcepiru,i anu 11 any sucn snau men oruer io prouuee ommi or wriiins;s, or snau bi sausiac-' -,, -5n5 W - s "
be executed, the same shall be, and is hereby declared null torily account for such failure, it shall be lawful lor the said a 2 b.j Ig cLr. I o3 '
and void.' t.;.';.':;:;''!.:'. ,,.' '1;.'rI;" ;..v."'V.,..; ...'l' (.f,coarta reapecttvelr, on motion, to give the like judgment for g 2". SoTJ Z.7'"'o f o 2" r
7 Sec. 73. Each person who shall, attend any Superior or the defendant, asm cases of non-suit. And if a defendant shall i? gs. c-" l,L'' ?'g- a -
County Court, as a witness in any cause therein depending, fail to comply with such order to produce books or writings, g g :.2 2.oT? c S-a n S
shall be allowed for each and everv dav'a attendance, and for or shall not satisfactorily account for such failure, it shall be . . , .
every thirty miles he may travel going to and "returning from lawful for the said courts respectively, on motion as aforesaid,
said court, sixty cents, provided said witness lives within the to five, iudcrment aciintt him or her bv delault-
countyj or the sum of one dollar if the said wHrts1jyetwith?i.'v.fixti71H-Ja. petitions for dower and partition, the court
CO :
ti
a sp ' e n.
m m 2 S .
mm m. 1 mm jft C
n tm T
w
e :
a,2"l5,33 C I s 1 ?S
u m- S m 5 " S
? 3 o 2 o S'.' ? 9 H.
O! 5 B"" " "
m f
'-""'fa
U .a t- Zm 1
3 Sir- - " -O
js i
-. . .
i . b - a
re z ;
9 ? mm, r
5 n V. ? ?
c j. E. t- r
f 'Tr r -
5 O
1 "
d'9 a
r
3- a n
S A w '
S" 3
Sm IS
5 c -
a t
g- n sis.
O O it rt
- ma
- S 2 p mr
C a a 7 s 2
i u i ij j : Mil
-i
S e n
a 3 n
" 2. -' 2. rt J
s a 2 s , 3
5
a,2,S S r
5-5 a 2.
: 2 e . 3 3V
a
c- ' 3- c -
ft -a n H "3
C t ft, 3
e S
CA M
C M
er
3 5-
p
a 2.
3 S
5 a
3 &.
Sal"?.
8 c 3
n 3 e, "J .w
o''?S?S(si 2S3
3 2 3 t.?.e . t -j re 2. e. . ,
? 3 3. sr " r 5 - g- o 2 a .-
. i rr rr . a ' .
- 3-7, -S r- - ? 1 r H e 3 3
r-l. m, mm -a- r i mm1 mm J U - H
3.3
P
o
2'3
a a 2
rt n a n- e
?s- a 5 5-2-2 -
P.?. 9
p -1 tsr' 3
2 rt
a
' o m- S".
. X -Z " S ii -
2 2 "-5 " S .3'
rt
rt rt
0 C a
sr a a
rt-3P5ars
3 '4- 5 -
r -
o p '
'j: cr.
2 r. " o
3
C ... X
" t3m
p?2 .rt s'
. 1c m ' 1 e
3
o
rt""
a
as d
... rt
9 ',
5 c-,
C'oniinucJ on frurth f so.
7 '"I-"I '; ;7ll"-; --:7" :; 7,7-t.,;: