| North Carolina Office of Archives & History | Department of Cultural Resources | |
![]() |
The Colonial Records Project
Historical Publications Section 4622 Mail Service Center Raleigh, NC 27699-4622 Phone: (919) 733-7442 Fax: (919) 733-1439 |
Acts |
Last Updated 12/31/00 |
|
AN ACT for Enlarging and Confirming the Power of the Precint Court and to prevent Actions and Inditements of Small value being brought in the General Court Whereas Actions of Small Debts Cognizable in the respective Precint Courts of this Government are often brought by Malicious and Evil Disposed People to our General Court whereby the Charges Often Exceed the Principall Debt to the great prejudice and unspeakable hurt of many of the Inhabitants Therefore be it Enacted by his Excellencey the Palatine and the rest of the true and absolute Lords proprietors of the province of Carolina by and with the Advice and Consent of the rest of the Members of this General [Assembly] now met at Edenton for the North East part of this province and it is hereby Enacted that all and every the precint Courts within this Government that now are or Shall here after be Appointed, have full power Jurisdiction and Authority to try all Causes Cognizable by the Common Law whether personal real or mixed Actions of Ejectment Excepted and Causes under the value of Forty Shillings and not exceeding One Hundred pounds and in all Actions of Trespass Vi et Armis Quare Clausum fregit brought into the Said precint Courts the Jury Shall be Obliged to find the matter Specially and to Assess Damage only and leave the points in the Law to the Court Provided the notes are drawn up and proved in Court or Agreed upon the Parties and delivered to the Jury at the Barr Otherwise the Jury to proceed to give a General Verdict with Damages and the Court to grant Judgment and Execution thereon So as the Same Damage Exceed not One hundred pounds any pretence of Title to the Land to the Contrary notwithstanding And in case the Jury Shall find a Generall Verdict contrary to the Notes produced or agreed upon in Court that then Such Verdict Shall be Set aside on motion or Appeal and a venire do Nova to Issue to try the Issue anew So as in the Tryall of Such Title no possession of any Such Freehold be avorded. And be it Further Enacted by the Authority aforesaid that for the preventing of Appeals for any Small Sums whereof the Charges of Appealing Exceeds the Sume for which Judgment was given, it is hereby Enacted That no Appeal or Writ Error be granted or allowed from any Judgment give in the precint Court for less Than Ten pounds. And be it Further Enacted by the Authority aforesaid That the Several Precint Courts of this Government Shall Consist of Eight or more members for Each Court so Commissioned and Qualified as by the Laws of Great Brittain and this Government are already provided and that any Three Justices so Commissioned and not less (one being of the Quoram) are hereby Impowred (upon their meeting at the times and places Appointed for their Several and Respectives Precint Courts) to hold the said Courts in every respect as the whole Court were present. And whereas Several Sumes are given by Penal Laws to Such persons who Shall Sue for the Same by Action of Debt Bill plaint or Information to be recovered in any Court of Record in this Government which proves ineffectual by reason the Inhabitants of this Government are unskilled in Long and Tedious Terms of Information According to the practice of the Courts of Great Britain Wherefore be it Enacted by the Authority aforesaid That where any person Shall be Entituled to an Action on any Penal Law in this province it Shall and may be Lawfull to Exhibit a Petition in the Precint Court Setting forth the Substance of the Act. The said Petition Shall be filed withe [sic] Clerks and a Sumons to be ordered to Call the Defendant to Answer the Same and proceed to a Tryall by a Jury or Otherwise any Law Custome or usage to the Contrary Notwithstanding. And whereas Actions for Small Sumes and Inditments where the Fine is Small are by (vexsatious persons) brought in the General Court to the Hurt and great Damage of the Inhabitants of the Several precints of this Government For preventing which for the future Be it Enacted by the Authority aforesaid That no Original Process Issue returnable to the General Court under Twenty pounds And that no prosecution or breach of any Pennal Law Shall be brought to the General Court where the forfeiture Exceeds not Tenn pounds Provided the Plantiff and the Defendant be both Inhabitants of One and the Same Precint Otherwise the Plantiff to be left at his Choise to prosecute his Suite in what Court he pleaseth so as no Attorney or Assigne Shall be accounted a Plantiff to have advantage by this Act Excluding all Merchants and Masters of Vessells Trading from Precint to Precint and Contracting of Debts who Shall be Obliged by this Act to Sue for Such Debt in the said Precint where he contracted the Same and not else where But in case the Debter remove himself and effects out of the Precint that then it Shall and may be Lawfull for the Creadetour to Sue out any process returnable to the General Court any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid that all Judges and Justices as well of the Generall Court as of the Severall Precint Courts before they adjourn Shall cause the minutes of their proceedings to be publickly read by the Clerk and Corrected as Occasion and these the said minutes Shall be Entered at large in a Book for the purpose and then Signed by the said Judge and Justices of the Said Courts and so carefully preserved as a record of that Courts proceedings and that no Judgment of any Court within this Government Shall be of force or Virtue until they are so read and Signed. And be it further Enacted by the Authority aforesaid that this Act nor Nothing therein contained Shall be and continue in force than till the Setting of the next Bienniale Assembly Excepting Such Causes or Actions that Shall be Commenced within the Said time and not then finished but Such causes so Depending Shall be proceeded on untill a full Determination be made any thing in this Act to the Contrary Notwithstanding. And be it further Enacted by the Authority aforesaid That in case any Witness be wanting to prove any matter in suite in the Precint Court the Clerk of the Said Court where the Cause Shall be depending Shall Issue a Subpoena for all such evidences as Shall be sesired by the Plantiff or Defendant which Subpoenal Shall be Served by the Marshall or his Deputy and on Such the Evidences to Appear under the Same fines and Forfeitures already mentioned in the Act concerning Evidences. But if it Should so happen that any Witness Shall live in any other Precint than where the Suite was commenced it Shall and may be Lawfull for the Clerk to Issue a Summons and Signed by a Justice of the Quorum of the Precint where the Suite is Depending and every Witness so Summoned Shall be paid Twenty pence per Diem for going and Comming to and from the Said Court over and above their Attendance and the Number of Days to be adjuged by the Said Precint Court, and if it Shall happen that any Witness by Sickness Age or other Disability be uncapable to attend the Said Courts That then it may be Lawfull for any two of the Court one being of the Quorum to Issue a Commission for Takeing the Affidavit of such witness which Affidavit so taken Shall be good Evidence Provided the other party have due notice in the Said Cause and persons desired to be Evidences as aforesaid and being Lawfully Summoned Shall be liable to the Same Fines and Forfeitures as in the Act relating to Evidences is already provided And Whereas Several persons may withdraw themselves and effects out of the precint with designe to avoid the Execution of any Judgment past in the Precint Court to be laid upon them for Remiding of which and for the more Spedy Levying of Execution Be it Enacted and it is hereby Enacted by the Authority aforesaid That if any person or persons shall remove himself out of the Precint after Such Judgment Obtained It Shall and may be Lawfull for the Clerk to make out Execution against the Body or goods of the Defendant and Counter Signed by any Justice of the Quorum and Direct to the Provist Marshall or his Deputy of any Precint within this Government and Every Marshall or Deputy to whom Such Execution Shall be delivered are Required and Commanded To levy the Same as if it had Issued out of the Court of the Precint where Such Defendant Shall be found any Law Custome or usage to the Contrary Notwithstanding. NYHS, pp. 307-311. |
| | Out-of-Print Bookshelf | Maps | Newspapers | Picture Gallery | Other Useful Links | First Editions |
| North Carolina Office of Archives & History | Department of Cultural Resources | |
| Colonial Records Project Home Page |