A.D. 1721. Captains to give in a list. jurors. Acts relating to Courts. XV. And be it further enacted by the authority aforesaid, That the captains of the several companies, in the several parishes of St. James Goose Creek, St. George's, St. John's, and Wando precinct, shall return, at the first meeting of the court, a list of the several names of all and every person belonging to their respective companies, in order that juries may be taken from thence to serve at the said courts; and the several Captains of companies, in Craven county, Colleton county, and Granville county, shall do the like. XVI. And be it further enacted by the authority aforesaid, That the Manner of bal- clerks of the courts respectively, shall, at the precinct charge, prepare balloting for loting boxes, for putting in the names of the persons to be appointed for jurors, after the method provided for the balloting boxes in the court of pleas in Charlestown; and the justices of the courts respectively shall have full power to prepare lists of the jurors, and put the same in the said balloting boxes, and shall draw out from thence twenty-four names for jurors, in every grand and petit juries, and juries for the common pleas, and no more; and the names of the jurors shall be sealed up by the justices and delivered to the marshal; and the said justices shall observe such other methods, as near as may be, for impanneling of jurors, as are prescribed in the several Acts of this Province concerning juries, not repugnant hereto. And if a sufficient number do not appear, then a tales de circumstantibus being moved for, shall be granted by the said judges, according to the usage of South Britain, and the laws in that case made and provided; and to prevent any abuse that may be made by the allowance of such a tales, the said justices are hereby required to put double the names that are wanting to make up the jury, into a hat, and draw out their names by balloting, until they have compleated the number of the jurors wanted; and the general court of Charlestown shall have the same power for granting a tales de circumstantibus, and shall observe the like method; and the talesmen refusing to serve, shall be subject to the same penalties as the other jurors; and every of the justices, jurors, coroners and constables not appearing at each court, shall be fined the sum of five pounds, to be levied on their goods and chattels the next court after their non-appearance, unless they shall then give satisfactory reasons to the court for their absence. Fines for ab sence. Forfeitures. XVII. And be it further enacted by the authority aforesaid, That every witness who shall not appear at the respective courts, being duly served with a subpœna testificandum in civil causes, or appearing shall refuse to answer the questions proposed by the court, shall forfeit to the plaintiff or defendant, by whom he was so subpoenaed, the sum of twenty pounds current money, to be recovered by action of debt, to be brought in the name of the plaintiff, in any of the said county or precinct courts where such witness resides, with costs of suit. XVIII. And be it further enacted by the authority aforesaid, That if any Witnesses al- witness in any criminal cause, (not being bound over by recognizance to lowed 10s. and appear,) shall refuse or neglect to appear on service of subpoena, or appearjurors 158. per ing shall refuse to answer, shall be fined by the court any sum not exceeddiem each day. ing twenty pounds current money, and stand committed till he pay the same; and the witnesses subpoenaed to appear at the general court of pleas or general sessions at Charlestown, and neglecting to appear, or appearing shall refuse to answer, shall be under the like penalties and forfeitures; and each witness shall be allowed for his attendance in civil causes, by the plaintiff or defendant who subpoenaed such witness, the sum of ten shillings per diem, current money, to be taxed in the bill of costs, and paid to Acts relating to Courts. the witness before he gives in his evidence, if he desire it; and the jurors shall be allowed in civil causes, each cause, fifteen shillings. A. D. 1721. XIX. And be it further enacted by the authority aforesaid, That no jurors, being obliged to serve at any of the courts respectively, shall be Jurors not to obliged to serve at any other county or precinct courts out of the counties serve out of the or precincts where they respectively live and reside, after the said courts county where they live, are there respectively erected, unless it be at the court of general sessions in Charlestown; any law or statutes heretofore made to the contrary thereof in any wise notwithstanding. hold tried where the land XX. And be it further enacted, That all matters of freehold shall be tried and determined in the respective courts of the counties and precints Matters of free where such lands do lie, though of never so great a value, any thing herein before contained to the contrary notwithstanding, allowing appeals never- lies. theless to the general court, if the value be above twenty-five pounds sterling, as in other cases. ors. XXI. And whereas, divers disputes do arise between the inhabitants about the lines of their respective plantations; Be it further enacted by the Where lines are in dispute, authority aforesaid, That if any cause shall be pending in the said courts judges to apwhere the lines shall be brought in dispute, the justices of the said court point surveyshall appoint surveyors, at the nomination of the parties, to survey the same at the charge of the said parties, and to return such survey on oath at the next sitting of the court; and in case either of the parties shall refuse to nominate a surveyor duly sworn and qualified, then the court shall proceed to nominate two or more such surveyors as they shall think fit, in order for the better finding out and discovering the truth of the said matter in difference; and if the court shall acquiesce in the return of the surveyors, so given in on oath as aforesaid, the same shall be allowed as evidence. And in case any action shall be brought for a trespass or waste, committed in the plaintiff's lands or tenements, the justices of the said courts shall have power to appoint two or more sufficient persons to view the said trespass or waste, if need be, who shall return an account thereof on oath, at the next court, and the true value of the damages occasioned by such trespass and waste, and the same shall be allowed as evidence, if the court shall see fit. XXII. And be it further enacted by the authority aforesaid, That the said courts hereby erected, shall likewise have power to fine all persons for Persons misbe having in court, misbehaviour in court, not exceeding the sum of twenty pounds; and to to be fined. commit persons to prison till they have paid the same; and the clerks of the said courts respectively, are hereby required to transmit an account yearly, Account of fines to be of all the fines and forfeitures imposed in the said courts; and also, of all given into the recognizances forfeited, into the court of exchequer, if any such there be, court of excheand if there be no such court, then to transmit such accounts and recogni- quer. zances to the Governor and council, in order to be put in suit. vants., XXIII. And be further enacted by the authority aforesaid, That the said courts hereby erected, shall have full power to imprison obstinate and Punishment of incorrigible servants, who shall desert their master's service, or refuse to obstinate serwork, and to appoint their allowance to be bread and water, for which the marshal or keeper of the prison shall be allowed two shillings and six pence current money, per diem, in full for all fees, and no more, and to inflict corporal punishment, if they shall continue obstinate, as often as they in their discretion shall see needful, not exceeding twenty lashes each time on the bare back. And the said courts hereby erected, shall likewise have full power, within their respective jurisdictions, to license all taverns, victualling licensed. houses, ale houses, punch houses and public inns, and the same, or any of Taverns to be A. D. 1721. without li cence. Acts relating to Courts. them, again to suppress, if they shall be convicted of being disorderly, as entertaining of servants, negroes, common drunkards, lewd and idle and disorderly persons, selling liquors on Sundays, or times of Divine service; and if any person shall keep any such tavern, victualling house, ale Forfeiture for house, punch house or public inn, without license first had and obtained keeping tavern from the said justices, and signed by the President of the said court respectively, he shall forfeit the sum of twenty pounds current money, for every such offence, and give security for his good behaviour for the future, that he shall not hereafter keep any such tavern, ale house, punch house or public inn within the said counties or precincts, without a license first had and obtained from such justices; and also to take an account of all Punishment of idle and disorderly persons, and to compel them to work and labor, and to disorderly per- betake themselves to honest employments, or to find sureties for their good behaviour, and to imprison them, and to compel them to labor in prison, or to inflict corporal punishment, till they shall do so; and also to punish all common drunkards, profane cursers or swearers, Sabbath-breakers, and to suppress all vice and immorality within their respective jurisdictions. sons. Concerning bastards. XXIV. And be it further enacted by the authority aforesaid, That the said courts hereby erected, shall have power to take order concerning all bastards, in as full and ample manner as is given to the chief justice, or judges of the court of general sessions, in and by an Act entitled “An Act against Bastardy," ratified the seventeenth day of September, 1703. XXV. And be it further enacted by the authority aforesaid, That the Legacies given said courts respectively shall have full power to sue for all legacies, gifts to free schools, and donations given to free schools, and other public uses, within their re of administration. spective counties, precincts and jurisdictions, and to appoint one or more treasurers for collecting the same, who shall be likewise treasurer for all sums levied in the said county, and in whose name or names all actions or suits, for such gifts, legacies and donations, shall be brought. XXVI. And be it further enacted by the authority aforesaid, That the President to president of the several courts aforesaid, (except the chief justice for determine right Charlestown) shall, with the advice and consent of the major part of the other judges, at the time of the sitting of the courts, have full power to determine the right of administration of the estates of persons dying in, testate, in their several jurisdictions, and also all disputes concerning wills and executorships, in as full and ample manner as the same have or might have been heretofore determined by any Governor, or Governor and Council, of this Province, saving the right of appeal to the Governor and Council, in case any party shall find himself aggrieved thereby, and shall send such letters of administration, or letters testamentary, to be signed by his Excellency the Governor for the time being, who shall be allowed his usual fees, and the Secretary likewise: And the said justices are hereby required to take sufficient bond, with one or more good and suffi. cient sureties, for the party's due administration of the intestate's estates, according to law, which shall be entered of record in the said court: And the said judges and justices, or the major part of them, whereof the president to be one, shall have full power likewise, to take order concerning all orphans's estates, viz: That all orphans be duly educated and provided for, out of the interest and income of his estate and stock, if the same will bear it; otherwise such orphan to be bound apprentice to some handicraft trade, or other good employment, whereby he may learn to get his livelihood; to appoint guardians for such orphans, and to remove the same and appoint others, if there be occasion, and to change the masters to which such orphans are bound apprentice, if not taught their trade nor Power of the courts concer ning orphans. Acts relating to Courts. well maintained and clothed, or otherwise ill used to call all guardians A. D. 1721. executors to account. XXVII. And be it further enacted by the authority aforesaid, That where it shall appear to the said courts, that any executor or executors have To compell wasted, embezzeled or squandered any minor's estate, the said county and precinct courts hereby erected, respectively, shall have full power to compel such executor or executors to account, and give bond, with good sureties, well and truly to account with such minors when of age, and pay and answer the value of such assets as are or shall come to their hands, of the testator's estate; and such bonds shall be made to the president of the said court, in trust for the said orphan. XXVIII. And the said courts hereby erected shall have power respectively, to inspect and examine into the accounts of all church-wardens and To inspect the overseers of the poor, to the intent that the poor shall be sufficiently pro- accounts of vided for, and to see and take care that the church-wardens do well and churchtruly execute their offices, according to the powers and directions given them by virtue of any Act or Acts of Assembly of this Province in that case made and provided. wardens. XXIX. And whereas, divers unskilful persons do often undertake to manage and solicit business in the courts of law and equity, to the unspeak- No person to able damage of the clients, occasioned by the ignorance of such solicitors, practice without first being who are no ways qualified for that purpose, tending to the promoting sworn. litigiousness, and encouraging of vexatious suits: Be it therefore enacted by the authority aforesaid, That no person whatsoever shall practice or solicit the cause of any other person, in the said county or precinct courts, or any other court of law and equity in this Province, unless he hath been heretofore admitted and sworn as an attorney, or hereafter shall be admitted and sworn as an attorney, by the chief justice and judges of the general and supreme court at Charlestown, under the penalty of one hundred pounds for every cause he shall so solicit, one half to his Majesty for the use of the public, and the other half to him or them that will sue for the same: Provided nevertheless, that nothing herein contained shall Any person extend or be construed to hinder any person from soliciting or pleading in may plead his his own cause, or speaking or pleading in behalf of another, with leave of own cause. the court first had and obtained, so that he declare on oath, if required, that he neither has or will accept or take any fee, gratuity or reward, on A. D. 1721. No person at tending court to be arrested during the sit ting of same. Debtors not worth forty shillings may swear out. be built. Acts relating to Courts. account of such his speaking or pleading, or for any other matter relating to the said cause. XXX. And be it further enacted by the authority aforesaid, That all persons attending the said county and precinct courts, shall be free from arrests during the sitting of the said courts, and also during the time of their coming to and going from the said courts, not exceeding the space of one day before the sitting of the court, and one day after the rising of the same court, unless it be in a criminal matter, breach of the peace, or other misdemeanor. XXXI. And whereas, by reason of the credit usually given in this Province, divers careless persons spend their time in punch-houses, &c., instead of betaking themselves to labor, and also run themselves in debt to country stores much beyond what they are able to pay, and then make their escapes to North Carolina, and other parts of America, for fear of arrests and lying in prison, whereby the persons so trusting are greatly defrauded, idleness greatly encouraged, and the country deprived of the benefit of the labor of such persons, and of their service in the war against the public enemy; to the intent therefore that persons may be more cautious in giving such credit for the future, and to prevent the desertion of such poorer sort of people, which is so great a prejudice to this Province; Be it therefore enacted by the authority aforesaid, That where any person shall be in prison on mean process or execution, for any debt above forty shillings sterling, current money, and hath no visible real or personal estate, or yearly salary, or any goods or chattels, to the value of five pounds current money, or be not of any handicraft trade, by the labor of which he may pay his just debts, and shall make oath in open court, before the judges of the said county or precinct courts, or any judges of any other court in this Province, that he is not worth forty shillings sterling, in any worldly substance, either in debts owing to him, or otherwise howsoever, over and besides his wearing apparel; and if there be no person then present that can contradict or gainsay the same, then such person shall immediately be set at liberty, and stand forever discharg ed of all his debts so sued for, and costs of such suit or suits : But in case such person shall hereafter be discovered to have sworn falsely, he shall be indicted at the respective courts for perjury, and if convicted, shall lose both his ears in the pillory, and serve four years as a soldier, in one of the remote garrisons: Provided nevertheless, that nothing in this Act contained shall extend, or be construed to extend, or concern any debt or debts contracted before the ratification of this Act. XXXII. And be it further enacted by the authority aforesaid, That the Court-houses judges and justices hereby appointed, shall, with all convenient speed, and prisons to assemble and associate themselves together, in order to consult and agree for the purchase of a piece of ground, for erecting and building a convenient brick court-house and brick prison, in the several places hereby appointed, and shall and are hereby impowered to compute the charge thereof, and to levy the same rateably and proportionably on the several inhabitants of their respective counties and precincts, by a proportionable assessment on lands and slaves, according to the precedent year's tax before such assessment, and to issue warrants against defaulters, and have as full and ample power in that behalf for levying thereof, as is given to any commissioners of taxes, by virtue of any Act of Assembly of this Province, giving the inhabitants three months notice of the time and place of paying in the same. |