V tfctwt I'oni rActr um -rict uf &e notice as may Be Serfifi stated; andjhe said officer stall deliver respective- l fK nui'ic tilth his return to the party, his attorney or . wl,,,,.- tn!snr auili notice ISSUed, UH demand f Sic. 130. AnjUenTar coroner fgleftLng(octe and , Mtorn urh notice, wrartklnx Y!reftfrteoB;' tKai!t;i subject to the same action and penalties at for neglecting to ' serf t or falsely returning process directed to. him from the So- perior Courts of lav ui uiii aiare. xo u prosecuieu, rrcuTcrcu an J applied a action and penalties are directed to b; prosecu " ted, recovered .ul applied for n.jrject'ing to awe, or falsely returning process issued fro n the b jperior Courts of this State Ft otiat I that. person from giving notice aud pro . directed. . ' ... " Sco. 132. Where any scire facias shall isMie to the sheriff f any county within thia"fitate. the return i f the sheriff tbre on, that the me has bcrn executed, shall beseemed sufficient evidence of the service of such scire- facia; aud it (dull not be .lield riccessary-llut &wtrfr ieatflvirtrtn.fe- .-aenre ol witnesses. Etc. 153. At the Irisl of all actions at law upon contract. it shall be competent for either of the defendant to shew evidence, that he, she, or 4hey, i. of are surety or sureties and if it be satisfactorily shoum, it !iall ue toe tuty t tiie jury In their verdict, or of the justice of the peace in bin judgmnt, to disci iminate the principal and surety, w hich lull ue eiirtor aed on the execution, by the clerk or justice of the peace isso. Usse writ, of Wfiersrt. scire facial, labeascorpu, tnam!amusr the same) ana i:w .u u. .. or .... wB ,ymW, SriT ottT V,U wfiic'b may be proper and necessary lor the the &JLt tnennnicr bb r,u r",",Ts -" , -- entitled to receive the salary of the Reporter and the clerk, opoo depositing with the Secretary of State, the copies rrserv. ed by Haw Jut tha State, within six Hionth after, the Jterm of ciiioti, shall, upon the certificate of the Secretary of State to tliat eflect, be entitled to.receWe the compensation b law flowed to the Reporter. X . - , , ... , . Sao. 18. It ahall be the duty or the sheriff oMVake, by himself or deputj.to attend the said court j and shall be allowed far each term thereof he may attend, the sum of two d-Hars per da for every day said court shall be in session, to be paid by the Treasurer upon the certificate of the clerk of said cnurt that the said Sheriff had perlormed said duty. , rrti. r ifi iiiriJictio and aareeaWe to the principle and aas;e tot taw; and that it may at itsdiscretwn, make the wnts of execution which it may issue returnable cither to the said court or to the Saperior Court fri ..which, t! amejn3j;,Jliae btettrenib'ved':' jritiMifrtyhititf vheti an e: ecu lion shall be made retornable as last mentioned, a ceniucate oi me nnai judgment of the Supreme Court shall always be transmitted to the Superior Court aforesaid and there be recorded. Aud pro vided further, that the said Superior Court may enforce obedi ence to the said vieratioo j and in the event of its not being ex ecuted, may issue any new or uriher execution or process mere- on, in the same manner as inougn tnearsi execution inai in , . ' . . i it .1 1 t .1.. Cilbma. ritiiil. mnA wimviAeA filrlhr. Z?5. Mrin !.- ... t.rtofor7r riinal cases flie decision oftlteuprenierourr slRtirw vi . , LiutmeirTTtn-wwrtry, yvs..j Jill tl.hil UV.v '- ' V- J -.-J. . . . .L . InnlMil. titled to the Superior v;ouri irom wnicu me cas wa rtfuhirh itaid Sonerior Court 'shall . j : . . j ' .,i .,.n(P.irp. agreeably lothe ilecision ot " ... . . jr. I. oi..." -- .u. c r .A I,w of the State -r nn, Mhe Supreme Court aforesaid shall IDS It, Rp. When sny execution endowed as aioreaii hall come iuto the hands of any officer for collection, it shall be his duty to levy the same on goods and chaffrla and land ! fm1 tenements of the priccipal, or o much thereof as sl all be In aiefv u'wl tttcl'utnt mad Utt Want of SUl'h Sllffi- ient property of the priiicipal, ali on the tootl and .haft-li, l tpnimnt of the BurMr or sureties and make sale th-renf the law TWmT&TTmmvntitwt' that in alVsuch levies, sale sdaJI firtt bf had on all the pnp erfy of the principaLlevwA . -j-sureties. r-T.-."".'"1 -r-? Ste. 135. WUeneyer any tuil shall be brought iii any ot aid court, in which secarify uliall be given fr the prosecation f tl.. nif. nr when any cae shall be brought up to any of said eourts by an anneal from the County CourU, or olherwiMe, in p;iven in the court below, and judgment shall be given in the - Superior Court acains.t the plauitiff for the costs of the defen- " dant or defendants, it shall be the duty of the court, upon mo- lion of the defendant, sis) to give judgment against the surety " ' for the nrosecotion for said cos) whereupon execution shall Issue jointly agaioat the p;aiatitF and hi security. Sep. 156. If "shalf an Aif be lawful lorlhe rTefend aoT of defendants against whom any final judgment or decree for the. payment of money, shall or may oe rendered or. made, by any court of record in this State, to pay th whole'or any part of . the judgment or decree to the clerk of the court in which said Itnlffmont oi decree shall or ma b rendered or made, at any time after the rendering of sarn judgment or the making If uch derire, althou mi exruirn. sTa enforce .the Bavment-of suth- judgment or 1 decree and such nayment of money shall be ss eokI and available to the party ' making the same, as if ioad to the sheriff or other It-cnl officer. under and br virtue of an executioo issued off such judgment or decree. . ' Seo. " 13r. nie clerks of courts of record to whom any inn- Bey shall or may be paid to satisfy in whole or in part, any fi Ital judgment or decree, shall pay the same to the party or par -tiw entitled to receive-the aame,. under Tthi same rules andf penalties as if the same had been paid into his office, under and by virtue of an execution issued on such final judgment or decree. , - . .,. . i Br.e. 158. - It shall not be lawful for any judge in deliver ing a charge to the petit jury, to give an opinion whether a fact Is fully or sufficiently proved, such matter being the true office and province of the -lrrr but itia hereby-declared -to berthe fluty ol me Jtiuge in socn case in siaie in a iiiu ann correct asanner, tne lacis given in cviuence, nu to occiare auu explain th law arising thereon. lUtibed 83d January, lssr.j ......... V PBC IE-CO Vn i. rV.... snd who. oehre entering on me uones of his office, shall enter into bond with sufficient security, paya ble to the State ol North Carolina, in lh- sum ot ten tnousant dolW fomli ioned for the faithful discharge of !iw duties, and for the sa e keeping of all records committed to his custody, which bond shall be lodged with the Secretary of State and who s'la'J ala b-rore said Judges, or one ol inem, WKe ""c oath a is prescribed by law to be taken by the clerks of the Superior Curt, and shall keep his ofM; in the City of .Ua leish. in one jf the rooms of the State House: and the Judges are authorised to. hold the court in the State lloue. Pfxj. 8. It .'shall be the duty of said clerk in all cases in equity now pendmz .in that court or h?rti may tiPr?aucr.De jn said court t record all bills, answers. p'aSi repiirationa and demurrers with all decrees, whether interlocutory or nnnr, m.iue threin,. together w'nh the opini -ns of the Chief Justice and 73rr;e slil part f cht- proceedings in equiTy cases,, when for. sufficient rsfirvwy,-b f hat no account, deposifioiu' or commission Io'1(aki -1 shall be ordered to be recorded, except at the Xpense of the. party or p rties requiring it to lie done. . Sfc. 9. In "'estimating the allowance to the clerk for mik ingthe recordLasjJireftfd, the-Jodge-shallliorexceeirthe sum orttiMy certfsToFe r-- tir.c. It). 1 he Judges o! the irupreme court shall prescribe and establish from time to time, rule of practice for the Supe rior Courtsj which rules the clerk of the Suprtme Court shall certify to the Judges of the Superior Courts, wio shall cause the same to be entered on the records of the said courts. Sr.c, 1 .l..Vhenan ..appeal .ahallbe.Jakcn.totlie....Sjnremp Court, from anv ioterlorutory judgment ut law f a Superior l ourt, or any interlocutory ordr, or decree of. any Court of Equity, the bupreme v.ourt shall not enter any judgment, re versing, affimiing, or modifying the judgment, order or decr.ee so appealed from, but shall cause their opinion to be certified to the court below with instruct ons to proceed upon such or der juiJg.men!pLdecrM lUe same c- J etrdmg twain! ononanMirUb;tnr ciuty wt tne court be- .Citt)Mft tarutc 1IL: No. LXVII. : .7.- OP XQ'JITV. , 4 Aa.J VcjuJxuern.i'i'fedC"0' nsot Knuily. Be it enacted by the asn7reTMff'mmi North Carolina, and it it hereby enabled by lie authority of the came. That each Superior Court of I.awVithin this State shall also bo and act as a Court of Equity for the same county, -and possess all the powers and authorities within thu same, that the Court of Chancery which was formerly held in this Slate, un der the Colonial Government used and exercised, an I that are properly and rightfully incident to such a court, agrectblc to the laws in force in tins State. Sec. 2. Such courts in all equity proceedings shall be styled wd called the Court of Equity lor the county in which it ishcM. Skc. 3. The judges of the said Courts ofT.quity shall ap point some person ot skill and promt jr to actajiJLIerkamyyia'j. ter n Equity to caclrial -said courts. Sc. 4. the rules and methods o! procecu;ng in said courts shall be as follows, to wit: i The Plaintiff may file his bill in the clerk's olftce cither du- TingnerwTr ' "' "An Act concerning the Supreme Court. . Jit ii enacted Vy the General dttembly of the State tf Vurtft tarottaa, ana u t$ nereuy enacted by the au thoi ily of the tame, i Hat IherH shall be appointed by joint ' Yote ot tiie two tmusct oi :ne uencral Assembly, three Judges, being men of iiitcgrttjrand learning in the law, who shall be ityleJ 4 Judges ot the Supre.uu Court o-North Carolina? ball beco:timis3ioncd by Hie Governor, aud shall hold their oIQcos during good behavior. . " - Sec, 2. it shall -be the duty of said Judge? and of their ilecessors in office to boldlho Supreme Court of this State at the city of Raleigh twice in every yeur viz; on the second Monday of June, and on the last Alooday ot. December, in ach aud every year; and'they ktiall con.inue to sit at each terra until all the business on the docket slmll be determined. bear the name and stylo ot the &upmne Court of North Ca j,oliaar aadhall he doeaed a court of tecotdj and 4le-pariers and records .k!oti&ingjQjhid.e constantly kept waliiu the city ot naleigh. Sec. 3. The said judges, before they act M such, shall, before the Governor lor the tune being:, or some judicial offi cer of the State, sevtrally take'tho oath to buprHrt the con titution of the United atatcs, the oath appointed for tiie qualification of rublic officers, aoiLalsc. an oath of oflire. Sec. 4. When any one of the Judgea of said court is disa bled from attendiujr from sickness or otbor inevitable' caue, two of. the Judges of the said court shall aud may hold the said court, hear and determine causes, and pottae and exercise every other authority which by law may appertain to said court, as fully to all intents and purposes, as if all the Judges of the aaid co'ttri'were''pT'eie'irt'rrJ" .-,,.,. -.".;';' ' . ' 8ec, 5. The Judges of said court shall appoint one of their number to preside therein, who snail thenceforth be styled Chief justice of the Supreme Court of. North Carolina, and that the said Chief Justice and each and every of the other Judges of the Supreme Court aforesaid shall have use, exer cise and enjoy the same powers and authorities, rights, privile ... f el. nd Pre:em,neoc m cvery respect, as are now had exer cised, used and enjoyed by the Judges respectively, of the " Superior Courts of law and Equity within thia State, except that no Judge of the Supreme Court shall be authorised to hold a Superior Court and that for the purpose of carrying such Fowers aad authorities into execution, ech of the skid Chief usti- es and Judges of the Supreme Court may make any fut, may order or iasue- any process and perform any act which it is lawiui I or any 4age oi me superior voaru to niaKe, order, :',':'': issue or perform. -V"S,;.-: rm-,: 4- l,:- 8kc. 6. The Court shall have power to hear and determine all questions at law brought before it by appeal from a Supe rior Court of law, and to hear and determine all rases in Equity brought before it by tppeat from a Court of Equity or removed ' there by the parties thereto; and in every case suck court may render such sentence, judgment, and decree as on an inspection f the whole record it shall sppear to them ouht in law toe - rendered thereon; and shall have original and exclusive juris aet'it U repealing letters patent, and shall also have power to low to enter upon its records the said opinion at length, and to proceed in the said cause according to said instructions. Sk.c. 12. AH exhibits or other documents relative to cases in Equity now pending or which may be hereafter pending i the Supreme Court, may he pmved by the parol testimony o a witness or witnesses to be examined in said court, in the same manner and under the same rules as such exhibits or documents may be pro ved ialhe Superior Court ss-awl suitors in said codrt shall have subpoenas to enforce the attendance of witnesses, who shall be liable to the same penalties and actions lor non-attendance, and be entitled to the same compensation for travelling, ferriage and attendance as witnesses in the superior Courts: rrovtded at- wayt, that the witnesses attending: the Supreme Court shall be taxed in the bills of costs and paid by the party on whose be half ihey may be summoned. Sic. T3. Iflihatl be flie daity of the Judges of said court o deliver their opinions or judgments in writing, with the reasons at full lensth upon which they are founded; and it shall not be lawful for the clerk of the said court to make any entry upon the records of the said court, ;;that anycause depending lhercia-ia decided, nor to give to any person or persons whatever any cer tificates of such decision, nor to issue execution for the costs in such suit, until after the Chief Justice or some Judge or Judges, members of 4he said court, shall have delivered publicly and in open court, the opinion ot the said court, stating at length the ground and argument upon which such opinion shall be found ed and supported, and shall have also delivered a written copy of the same opinion to the clei k, which shall afterwards be filed among the records of the said court, and published in the re ports herein directed by law to be published of the decisiosu mad by the sai.l court. ytL- -- SECi -1 4. -'The- Supreme Court shall have power to make any' amendments in any case pending before it, by making the parties thcrejojwjijch said court may deem necessary and prop, er for Jhe purposes of justice, and upon sutti' terms' as Said court shall prescribe; and also whenever it shall appear to them neces sary for the purposes of justice to allow and direct the taking of further testimony in any' case in equity which may be re moved to the said court for trial, under such rules and restric tions as the said court may in its discretion proscribe. ana Tiiere upon tc saiu clerks respectively shall issue execu tion for the costs incurred in said cases in the courts from which the same was sent; and the clerk of the Supreme Court shall isue execution for the costs incurred in said court, including all publications in newspapers made in the progress of the cause in that court and by order of the same, and all postage of let ters which concern the transfer of original papers. - : -'.-.. . Sr.c. IB. The Judges of the Supreme Court shall annually appoint a reporter of the decisions thereof, whose duty it shall be, within five months after the close of each term, to prepare the dictions of said court for the press, and shall contract with some printer to print one hundred and one copies at the ex pense of the St ire, which copies shall be distributed as follows, yizr heSre4eey-tf fh copy himself, which copies shall remain in their respective of fices, and six copies to be deposited in the public library, and the saitl n-porter shall deliver sixty-five copies of said reports. to be deposited, one in the oflire of the clerk of the Court of Fleas and Quarter Sessions of each county to this State, and twenty-eight copies by him to be deposited in the Execu tive office of the StatJo transmitted by. the Governor to the Executive department of each of the States and Territories, at the expense of the State; and said reporter shall receive, as a compensation for his services, a salary of three hundred dnl. lars, and shall be authorised, on his own accownl'and at his own ' expense, to print, publish, and vend, and to obtain under this grant, and in conformity with the art of Congress the copy, r'ght of said reports of cases determined by said courft which salary, shall be paid to him, upon satifactry evidence to the Tressqrer that the aforesaid copies have been deposited and distributed within the time aforesaid, and sot otherwise. -. Sac. tr. Should the office of Reporter become varant and issieeja;'5tkf.n4jpocna as is usual 4ns55Aisncery ; and whenthc plaintiff shall sprciiritytate hilebt or 4wfte-ad make oath or aitiimation thereto, either Dv'lore one ontrcjoitges of the Superior Courts, of Lawand P'riuity, or before one of the judges of the Supremo PUF1 o4crora th Equity, the said clerk shall together Willi the sutmosna issueji TjrrtTiftretfcd'to' the fcUerlff efThe1 C'iaiiltweFeTilfeircRiiuTant i supposed to be a resident as follows, to wit:- The Slate .VorA Carolina. Tt the Sheriff efCoHtUy.Grn tin ir You are hereby commanded to tnkfl the ItoHy of ' lute of your couoty (if to he founil in your eounty) anil him unfoly keep, o tliat you hav him licfore the Judges of the Puprrior Court of l.ntv and Eijuily for thie county of , t the town of ' , on llie day. of next, or till he ultiill give you irwl nnt ofiwtf nt ecm i- ty in the sum ol 5 (wlura rum u iirrrliy OiriH trd (n I mwuu:i tfie damageH Rupcestrd on oath in the bill) to appear and mifwer at the r-aiil court on the day Xarct, to bill in eqoity film) aint him ty ami this you st all in n wise omit at your peril. Wilnrsa clork and uuuler of tiie mill court at .the : day of in the ., '.. . yen of ha imtepeniWnc of the Eut. NVhich writ the sherilT is hereby directed and required to obyrtndhen amy sa er officer, surh sheriff or other officer shall not only be liable ns special bail lor taking an insufficient bund, on exceptiorr taken and entered the same term to which such process shall be re turnable, the sheriff or other officer having due nolico thereof, but such sheriff or other officer, shall also be liable as special bail for failing or neglecting to take from such person or per sons arrested by virtue o' such writ, a bond with two sufficient securities in double the sum for which such person or persons shall be arrested; and proceedings shall be had against him un der the same rules, regulations and restrictions as in surh rases in actions at Jaw: Provided, that no such writ shall issue against an executor, administrator, or heir at law, who is sued as such; but the process against thcin and each of them, shall bo by a writ of subpoena as usual in other cases of chancery; and the penalty for not attending shall be two hundred dollars but the said penally shall not be levied, nor final judgment given, untn the terip ensuing tlw without a scire facias having been duly served, and proof there of made, to the satisfaction of the court, ss in cases at law where scire facias is required and where any other person 'is made a defndantf-together with such wecuTdrsdininisTrariirr or heir at law as aforesaid, a capias may issue as above ngaiust such other person, and a writ of subpoena against such execu tor, administrator or heir at law.' And, iif all cases where there are two-orwelefettdant thra4rr poenas directed to the sheriff or coroner of each of the coun ties where the defendants are most likely to be. found, notin on each process, that they are. issued in the same suit; and when the same are returned, they shall be docketed, as if only one had issued; and in case-any defendant should not be served with such process, the same proceedings shall be had ns in cases of other similar process which ban not been cxerjljed. Neit shall be -served by - the-heriff uplcsr br has a topy of the bill ready to deliver to the defendant, and J'e is hereby required to de of the said writ; nor shall any service be valid unless it be made at least ten days before the term at which the defendant is required to appear; and where the sen ice is by subpoena, the defendant Bhall be served with a copy of the b'ill at least ten days before such term; on failureof any of which requisiilons, the defendant may plead the matter in abatement, and the bill shall-'b-dimisseiksr Upon such writ or subpoc:ia being dly setrcdrand copy vf rtmf tianarmtttrc-tTrTTie sat- bje-irtaTh;mfhehcTtff;oflr01Si1a the rise of each term thereof, transmit to the clerks of the Su n.r'.nr r..rt. r lnw .n.t rnnri. r ,-,;r,-.i. f u , ..vpon sucn wru or si fdeClsiOftiofTheSunTelne 4 l-KnKrt - iW-asr.TTATTTT vit.) the defendant shall appear and nut in his answer or idea agreeable to the practice in cliancery, or demur; or on failure thereof, the plaintiff's bill shall be taken pro coufesso. and ap pointed to be heard exparte at the ensuing term: Prodded, that if within the three first days of the ensuing term, (he de fendant shall offer any satisfactory reason to ti e court, for his not appearing at me nrsi term, tbe order lor the btil being la. ken pro conlesso ami heard exparte, may be. discharged, ami the defendant then admitted to plead, answer or demur; and such time shall Ue allowed in this as well as in all other cases fur the pleadings on both sides, and such day appointed for the hear ing as the court shall direct; and if anv defendant or tUtenA. ants; against whom any mbpon1 r other prnrrritfrntHrinf: .... t ! t. .1 . . biiuii nut cause in, iier or ineir appearance tu Le enlprnl. mi audi process, within such time and in stich manner ns accord ing to the rules of the court tlve same ought to haxe hern enter- en, in case sucn process had been duly served, and an afiidawl or affidavits shall be wade to the satisfaction of the com-!,, thai suc ueiennani or neunnants reside rr rei!es beyond the limits ol the State, tir that . upon nsnat place of abode, He, she or they could, not be found, so as 10 ne serves, wun sucli process, and that thereis just grounds to believe that such defendant or defendants is r are Ron c without the limits of the State, or otherwise absconded to a void oemg serven wins im proressol such court,, then and in such cases the court oat of which suchrocess issutd may make an order, directing snd appointing such defendant or defendants to appear at a certain day therein to be named; and in capes where such defendant" or defendants reside or resides without the limits of the Statel ropy of such order shall, nlihin days after sech order made, be inserted in some Gazette regu larly published within the State, for jsueh length of time as the all think lette cf no suitable person should affer to fill the same, the Judges of court may order and direct; and may, when they aha the Supreme Court or lather of ihein shall notify the r Ink of necessary, direct such order to b, inserted in any Ga coun ih uco rancT. auu n ! tneo oeineoy 01 sam ; me uniteu states; and in eases where such defendant or de elerk to prepare the decisions for the press, snd at option ifendants shall have Withdrawn him. her, or themselves bevond either to publish the same on his own account, as the It-porter the .limits of the State, or otherwise absconded to avoid the n authomed to publish them, or as agent for the State to eon. , service of such process, a copy of such onler slnll. within six tract with some printer in this State or any other State to print ty days afler such order made, beinasrted ia some Gazette 2 2 C-J-2 . m 5 o i i?', e TZi 2. er a- 5 o i 5- 5 - bt? - o -i ?e r 2."1 S e. r s ss-?r- e. 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