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An Act to repeal the fifth section of an act. 1822 17 (1822)

handle is hein.slavery/ssactsnc0059 and id is 1 raw text is: LAWS OF NORTil-CAROLINA. execution or other process, be broken, it shall andi may be lawful A. U. i22. for such sheriff, coroner or constable, on giving ten days previous - notice, in writins, to the obligor or obligors in such bond, to move for and obtain jument against such obligor or obligors, in a sum- mary manner, before the Court of Pleas and Quarter Sessions of Ihe county in which such sheriff, coroner or constable may reside, for all such damages said sheriff, coroner or constable may have sustained, or be adjudged liable to sustain, not exceeding the pen- alty of the bond so taken; which damages shall be ascertained,by a jury to be impannelled for that purpose, under the direction of ihe court before which such motion may be made. II. .And be it further enacted, That either party to such motion, Alipial to the being dissatisfied with the judgment of the Court thereon, may aIp- SA1,''Court peal to the Superior Court of the county in which the samc was mnay be grant- made, under the same rule and regulations, as are now by law I, il se ati prescribed for regulating appeals fi-on the County to the'Superior disi maiictiaog Courts; and in case any defendant or defendants, in any proceed- ment at the ing under this act, shall appeal from the judgmnent of the County County Court. Court to the Superior Court, and shall fail to prosecute such ip- peal with effect, or shall not, on the trial thereof in the Superior Court, diminish the amount recovered by the plaintiffin the Coun- t Court, the defendant or defendants so appealing, shall pay to lienan, in to plaiiitifftwelve and a half per cent. on the amount of the judg- case ot railure inent ill tihe County Court, to be comnputed. from the time of ren- to prosecute deringjudgment in the County Court, to the time of entering up apie t itha judgment in the Superior Court, and the lawful rate peb cent. Front ' that time until paid ; and judgment shall be entered accordingly in the Superior Court against such defendant or defendants, and his or their securities in such appeal. CHAPTER XIV. An Act to releal the fifth section of an act, passcd in the ycar 1821, cli- titled an act directing the time and place of sale of lands and slaves under execution. Be it enactedby the Gencral./ssembly of the State of North-Ca- rouina,anditis hereby enaced by the authority of the .same, That from and after the passing of this act,the fifth section of the before recited act, he, and the saume is hereby repealed. CHAPTER XV. Ali Act to advance the administration of Justice in the Supreme Court. Be it enacted by the General .ds.scnbly of the Slateof EVor/-Ca- rolina, and it is hereby enacted by the authority of the same, That the Supreme Court of this State shiall have flil power and authori- ty to mnake any amendhnents, by making the parties thereto, in thie cases now pend in, or which shall hereafter be pending in the saie, which the said Courts may or shall deem necessary and proper for the purposes of Justice, and upon such terms as the said Courts shall prescribe. II. .1nd be it fulter enacted, That this act shall be in force from its ratification. Digitized from Best Copy Available 17

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