Session of September-October, 1756: Bills

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GASR_SeptOct1756_001
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GASR_SeptOct1756_001

Oct. 7, 1756 264 Whereas the time appointed for holding the Supreme Courts of Justice Oyer and Terminer and General Goal Delivery of this province are found to be inconvenient. [begin passage marked Dele]And the Town of Salsbury being situated on the Tron[missing edge] of this Government The many Rivers and Creeks interspersed thro that part of the Country, by the Frequent Swells and Freshes happening in them Render the Attenda[missing edge] of the Judges, Officers, Jurors and Suitors of the Court held at the said Town always difficult and many times impossible. Dele Be it therefore enacted by the Governor, Council and Assembly and by the Authority of the Same that from and after the Twentieth day of January there shall be only four of the said Court held in this Province and that from after the Passing this Act there shall be held twice in every year a Supreme Court of Justice Oyer and for minor and general Goal Delivery at the time and Places herein mentioned, to wit. For the Countys of Carrituck, Pasquotank Perquimons, Chowan, Bertie and Tyrall at Edenton on the first Tuesday June and December. Northampton, Edgcomb, Granville, Orange and Row[an] at Enfield on the first Tuesday in Februray and August: New Hanover, Blade[n] Duplin, Onslow, Cumberland and Anson at Wilmington on the first Tuesd[ay] in March and September. And Craven, Carteret, Johnston, Beaufort and Hide New Bern the first Tuesday in April and October. And may Continue to be h[eld] twelve Natural Days each exclusive of Sundays. Provided never the less that Supreme Court of Justice Oyer and T[torn edge] and General Goal delivery shall and may be held in the usual manner for the of Orange, Rowan and Anson at Salisbury on the first Tuesday in January anything herein Contained to the contrary not withstanding. And be it further enacted by the Authority aforesaid that all Cau[torn edge] Actions,Suits,Plaints, processes, precepts, Recognizances, Indictments[torn edge]

[end passage marked dele]

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GASR_SeptOct1756_003

Be it enacted by the Authority (aforesaid that) the said (County) (?) except in Criminal C(ourt) shall be exempted from sending either Grand or Petit Jurors to the several Supreme Cou(rts) of the Districts to which they respectively belong And that all Causes which Arise or shall be Suggested to Arise within the County of Rowan shall be Tryed by the Jurors attending the Supreme Court at Edgecombe And those which Arise or shall be Suggested to Arise withi(n) the County of Anson shall be Tryed by the Jurors attending the Supreme Court at Wilming(ton) Dele

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GASR_SeptOct1756_004
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GASR_SeptOct1756_004

264 A

In the Upper House Read the Third Time and was Rejected By Order John Smith Clk

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GASR_SeptOct1756_005
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GASR_SeptOct1756_005

[begin passage marked dele] and other matters whatsoever that shall be depending in the said Supreme Court of Justice Oyer and Terminer and General Goal delivery holden at Salisbury upon the aforesaid Twentieth day of January and not fully made up aend determined shall be Transposed and Carried of the Docket of the said Court in the sam order they shall then stand into the Dockets of the Supreme Courts of Justice held at Enfield and Wilmington aforesaid and shall be proceeded in by the said Supreme Courts in the same manner as if the same had origina been commenced in the Said Courts; [??] regard being had that each Court take Cognizanence of such suits, matters and things the Cause or Causes where of arose, or is suggested to have Aris[torn edge] within the Limits of their respective Districts And be it further enacted that all Writs and other processes and all sui[torn edge] appeals and proceedings whatsover, issued, granted or prosecuted in the Supreme Court Justice held at Salisbury wherin Judgement hath been entered or Decree made, or shall entered or made before the discontinuance of the said Court, shall and may be taken Cogniza[torn edge] of by the Supreme Court of Justice held at Wilmington aforesaid and the said Court shall may award Execution or other proceedings on any such Judgements or Decree in the same manner as if such suit or proceedings had been commended in the same Court: any usage to the Contrary therof notwithstanding [end passage marked dele] And be it further enacted by the Authority aforesaid that no process in any of the Supreme Courts depending, shall be discontinued for or by reason of altering the Days and times for holding the said Courts; but all suits, processes, matters and things in them repectively dep[torn edge] shall stand Continued and all Appearances on returns of writs and other processes shall be to the days and times by this Act Directed, and Recognizances, Bonds and Obligations Appearance, and all summonses for Witnesses as effectual as if the Days by this Act app[torn edge] had been Expressly mentioned therein. And be it further enacted by the Authority aforsaid that when any Suit or Sui[torn edge] hereafter be commenced in any of the Supreme Courts of Justice in this Prov[torn edge] the Plantiff and Defendant shall both be Residents of the same District such shall be brought to the Court of the District wherein they Dwell. And if any Plan[torn edge]

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