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An Act to repeal in part, and amend an act, entitled an act, to constitute a court of Oyer and Terminer for the trial of Slaves, and for other purposes. 1821 13 (1821.11)

handle is hein.slavery/ssactsal0027 and id is 1 raw text is: 13 1891. AN ACT To repeal in part, and amend an act, entitled atn act, to constitute a eourt of Over and Terminer for the trial d1 Slaves, and for other purposes. Section 1. Be it enucted by the. Stmite iind House of Repre- sentatives of the State of .Illabania in General Assembly convened, That so much of the aforesaid act, as makes it the duty of the clerk of the superior court o( the county in which such court may sit, to attend said-court and make a record of its Repeal. proceedings, and issue all necessary subpoenas, for such slave. as well aS for the State, and to compel the attend- once of witnesses, and shall charge the usual fees, to be paid by the State, he aid the same is hereby repealed. Sec. 2. And be it further enacted, I Lt herealier it Shall Clerks of be the duty of the clerk of the county courtof the county c'ty cour in which such cosrt may sit, to 'ttend it anld make a record to attend of its proceedinptgs, and issue all necessary sunpoenas for courts of such slave, as ivell as for the State, to compel the attend. Oyer and ance of witnesses, and shall charge the usual fees, to be paid by the- county. Sec 3. And be it further enacted, That so much of an act, passed at Cuhawba on thOe. fourteenth day of June last, to repeal in part and amend anl act, entitled an act, to regtn- late the proceedings in the courts of Inw and e - ty in this State,as makes it the duty of the Judge of the county court to appoint certain days, riot less than one in every period of lepeal. two weeks, for the returh of process, be and the same is hereby repealed. Sec. 4. And be ft further enacted, That hereafter it shall Returnof prmocess to be the duty of the Jud*.e to appoint not less than one day, be issnd it every period of each month for the return process, as once a mo. heretofore. Sec. 5. And be it further enacted, That when any vacancy Judge and happens by resignation or otherwise in any oflice, the up- com'r. to pointment of which is vested in the county cour:, it shall mnke ap; be lawful for the Judge of said court, and the commission- betw'n the ers of roads and reventIe, to make the appointment be- termb of tween the terms of court ; and the appointment shall be court. as valid as if made at the regular term. Sec. 6. And be ji further enacted, That in all appeals taken. from a Justice of the Peace when it shall he made to ap. Court may pear to the court, that tihe iappeal was' takev merely for award is delay, the court shall award fifteen per cent. damages: ijrcen. Provided nevertheless. that this act shall not apply to cas- cer. cases es in which appeals shall have been granted previous to the passage of this act. Sec. 7. -Ind be it further enacted, That this act shall bo in force trom and after the lirst day of March next. (Approved, December 13, 18o1.)

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