Whereas by the great Distance of the several Counties of this Province from the Place where the supream Courts of Justice of this Province are held, the Inhabitants of the said Counties upon that Account and the great charge Difficulty and expence of Travelling thither and attending the said Court upon Tryal and of Bringing and Procuring Witnesses to come and attend the said Court, suffer many Inconveniences and Hardships, and by that means likewise many great and Enormous crimes are committed with Impunity; for remedy whereof We humbly beseech your Majesty that it may be Enacted, And be it Enacted by his Excellency the Governour Council and General Assembly of this Province, That the Chief Justice for the time being of this Province shall twice in every Year hold a Court of Assize Oyer and Terminer and General Goal Delivery (by a Commission or Commissions to be issued for that Purpose by the Governour or Commander in Chief for the time being under the Seal of the Province) at Bath Town, Newbern and Newton on Cape Fear River.

And be it Further Enacted by the Authority aforesaid That all Issues in all Actions and Plaints whether real and Personal Local or Transitory which shall hereafter be brought or commenced in the supream Court of common Please in which the Visnue shall be laid in the several or in any of the Counties shall be tried at the several and respective places aforesaid by a Jury in manner following, that is to say, the Issues in all Actions and Plaints in which the Visnue shall be laid in Beaufort and Hide shall be tried at Bath Town by writ of Nise Prius the last Tuesdays in April and August; and all Issues in all Actions and Plaints where the Visnue shall be laid in Craven and Carteret shall be tried by Writ of Nisi Prius at Newbern upon the first Tuesdays in May and September by a Jury of Freeholders of the said several Counties or any one of them; and Issues in all Actions or Plaints in which the Visnue shall be laid or the cause of Action arise in Newhanover Onslow or Bladen Countys, or in any County that shall hereafter be Established to the South or Westward of Onslow, shall be tried in like manner at Newton on Cape Fear River, upon the third Tuesdays in May and September, by a Jury of Freeholders of the said Countys or any of them.

And be it Further Enacted by the Authority aforesaid That the Visnue in all Actions and Plaints (suits for or in behalf of the Crown excepted) shall be laid in the County where the cause of Action shall arise and in no other, without the consent of the Supream Court for good and Sufficient cause Shewn.

And be it Further Enacted by the Authority aforesaid That all Declarations and Plaints shall as heretofore be Issu'd out of and filed and commenced in the general Court at Edenton, and all the Proceedings and Pleadings thereon shall be transacted in the said Court untill such causes shall be at Issue; and that when such causes are at issue full Power and Authority is hereby given to the said Court to issue a Writ of Nisi Prius and Subpenas for Witnesses to Appear and to Transmit a Transcript of the Record of the Proceedings and Pleadings in all Actions to the Proper place for the Tryal of the Issue before appointed for that Purpose in the same manner According to the method and agreeable to the Practice of the Court of common Pleas in Westminster.

And be it further Enacted that the said Chief Justice or such other Persons in case of Sickness or Disability of the Chief Justice as shall from time to time be appointed Justice or Justices of Assize Oyer and Terminer and general Goal Delivery, shall have full Power and Authority to try at the respective Places and times aforesaid, all Issues remaining to be tried in any of the said Records as aforesaid, and to cause Jurys to be summoned and sworn in all things relating thereto, to Proceed and Act according and agreeable to the method us'd and Practised by the Judges of Assize in England.

And be it Further Enacted by the Authority aforesaid that the said Chief Justice or Justices of Assize shall upon the said Transcripts of Records Certify under his or their Hands and Seal the Verdict of the Jurys and the whole Proceedings had thereupon, and to return or cause the same to be return'd and filed in the General Court at Edenton; and the general Court is hereby empower'd to enter or cause Judgements to be Enter'd thereupon and to Issue Execution and in things to proceed and Act agreeable to Law and in such and the same manner and form as hath been or is used in the Court of Common Please at Westminster.

And be it Enacted by the Authority aforesaid That a Commission of Oyer and Terminer and general Goal Delivery shall be made out under the Seal of this Province impowering the said Chief Justice or other Persons as aforesaid to hear and Determine all Treasons Murders Burglarys Felonys Trespasses and crimes of what Nature or kind soever committed or what shall hereafter be comitted in the Several and respective Counties at the several times and Places hereby appointed for the tryal of Civil Actions and the said Chief Justice or other Justices are hereby Directed to try all Persons against whom any Indictments shall be found or Presentments made or Informations exhibited for any crimes committed in any of the said Countys and to Proceed thereupon at the same place hereby appointed for the tryal of Issues by Nisi Prius where the Visnue shall be laid in any of the several and respective Countys aforesaid by a Jury of Freeholders of the said respective County's and to give Judgement and award Execution agreeable to the Method and Practice of Judges of Assize in England.

And whereas the Chief Justice and Attorney General must Necessarily be at great expence in Riding the Circuit and holding the Courts at the respective times and Places aforesaid

Be it Further Enacted by the Authority aforesaid that the Chief Justice for his Trouble and Expence shall have and receive the Sum of one Thousand Pounds Bills or Equivalent in Proclamation Money; The Attorney General the sum of five Hundred Pounds Bills or Equivalent in Proclamation Money per Annum to be paid out of the Publick Treasury by a Warrant from under the Hand of the Governour or Comander in Chief for the time being.

And Whereas Actions where the Debt or Damages did not surmount fifty Pounds were only cognizable in the County Courts of this Province to the great Encouragement of Malicious Prosecutions in the general Court of this Province, and the Parties put to great and unnecessary charges; but also the said Courts having no Jurisdiction or Authority to enquire of hear and Determine any Breach of the Peace or any criminal cause or matter whatsoever whereby Divers Petit Larcenies and other Misdemeanours have Pass'd over with Impunity for remedy whereof We pray it may be enacted

And be it Enacted by his Excellency the Governour Council and General Assembly That the Justices of the several and respective County Courts of this Province shall have full Power and Authority to hear and Determine all causes and Actions cognizable at the Comon Law (real and mixt Actions only excepted) where the Debt or Damages do not surmount one Hundred Pounds in as full and ample manner to all Intents and Purposes as they might heretofore hear and Determine any cause or Action where the Debt or Damage did not exceed fifty Pounds, saving the Right of Appeal to the General Court as heretofore.

And be it Enacted by the Authority aforesaid that the Justices of the said County Courts shall have full Power Jurisdiction and Authority to enquire of hear and Determine all Petit Larcenys Assaults, Battery, Breaches of the Peace and Behaviour, and all Misdemeanors and Crimes of an Inferiour Nature (forgery Perjury and Mayhem excepted) by Indictment or Presentment and to Award Venires to Summon Freeholders to serve as Grand and Petit Jurys and to give Judgement and Award Execution agreeable to the Method and Practice of the Justices of the Quarter Sessions in the respective Countys in England, saving at all times to the Parties the right to bring a Certiorari or other Process to remove the Proceedings of the said Courts into the General Court.

And be it Further Enacted that the Attorney General for the time being shall and is hereby Impower'd to Appoint under his Hand and Seal any Practising Attorney as his Deputy in each and every of the Countys, who shall have full Power to carry on all Proceedings in the aforesaid Courts for the Punishing the crimes aforesaid Provided always that such Deputies only shall be answerable for any Misdemeanors by them committed in the Execution of their several Offices as Deputies of the Attorney General, and that it is the true Intent and Meaning of this Act that such Deputy's shall be liable to all forfeitures and Prosecutions for taking exorbitant Fees or other Crimes by them committed, in the same manner as the Attorney General is liable to for crimes and Misdemeanors by him committed; and that such Deputy shall take for his Fee for his own and the use of the Attorney General on each Indictment or Presentment half the Fees Payable for Indictments Presentments etc. as shall be taken at the General Court.

And be it Further Enacted by the Authority aforesaid, that no suit or Action shall be brought or Prosecuted in the General Court of this Province where the Debt is under the sum of Twenty Pounds Current Bills of this Province, saving the right of Appeal and Writ of Error to the General Court of this Province to all Persons from the County Courts; and if the Plantiff and Defendant shall live and reside in one and the same County, then the Plantiff shall not Prosecute his Suite or Action in the General Court for any Sum less than twenty five Pounds any thing to the contrary notwithstanding.

CO 5/333, fs. 28-29
Repealed by an act of 1746. State Records, 23:267.