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An Act to amend the fifth section of an act. 1831-1832 25 (1831)

handle is hein.slavery/ssactsnc0138 and id is 1 raw text is: LAWS OF NORTH CAROLINA. a justice of the peace be removed at the instance of any defend. Sup'r Cfurt ant to Any Superior Court by writ of recordari or otherwise, the may require Sbnd de- said court may, upon sufficient cause shown by affidavit, compel curity. the plaintiltin such judgment to give bond and sufficient securi- ty to pay all costs in the event of the plaintif's failure to prose- cuto said suit with success. CHAPTER XXX An act to amend the fifth section of an act, passed in the year of our Lord one thousand eight hundred and sixteen, chapter nine hundred and twelve, enti- tied an act lor the more speedy trial of slaves in capital cases. Be it enacted by the General Assembly of the State of North in case of in- Carolina, and it is hereby enacted by the authority of t/e same, surrection or That in all cases of insurrection or rebelon, or of coospiracy to tonspirane th make insurrection or to murder or rebel, or any such contemplat- requestorive ed conspiracy, insurrection or rebellion, of any slave or slaves,jusices, the upon the information and at the request of any five justices of (overnor. the peace of the county in which such conspiracy, insurrection or 0uornecto rebellion shall happen or may be contemplated, the Governor for mission of the time being shall be authorised and have power to issue a oyer & termi- commission of Oyer and Terminer to any'one of the judges of tho upi or Superior Courts of Law; and in case the said judges are neces* su'lme court, sarily engaged on their circuits, the Governor shall be authorised for the imnme- and have power to issue a commission to one o Me judges of anatetria o the Supreme Court, whose duty it shall be to hold said court forthwith, and shall be clothed with all the powers necessary for the trial of all such olave or slaves that may be charged with any of the before mentioned offences. 11. qnd be it further enacted, That every judge holding a court Compensation of Oyer and Terminer, and the prosecuting oflicer in behalf fof theijuige the State attending the said court, shall be entitled to receive the c ng Panie compensation as may be allowed by law generally for hold- ing and attending a term of a Superior Court. III. Be it further enacted, That the prisoner or prisoners who Prisoner may shall be tried before any court of Oyer and'Terminer in this State, appeal,. shall have the right of appeal to the Supreme Court under the rules and regulations now prescribed by law for appeals. IV. Be it farther enacted, That when the prisoner who shall Judge mAy be indicted before a court of Oyer and Terininer in this State, dicjmenu-and shall, upon aflidavit of himself or any other person, shew such cur- bind over or cumstances and facts to the court as %yould induce the judge in commit pri- the regular courts of this State to remove the trial of said indict- ',nr fo tit ment out of the county, the judge holding su ch court of 0yer and perisoneourt. Terminer may in his discretion continue the said indictment and commit or bind over the prisoner as the case may require for trial at the next Superior Court- for said county, when the same shall be disposed of according to the rules and regulations in force for the trial of such olrences. Whereas doubts exist whether slaves in capital cases are enti- tled to be tried by a jury of the owners of slaves: To remove the Samne Slaves in ca'pi- tal cases shall V. Be it further enacted, That in all trials of slaves hereafter be entitled to 4 9.5

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