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An Act concerning courts of Oyer and Terminer. 1860-1861 24 (1860)

handle is hein.slavery/ssactsnc0293 and id is 1 raw text is: 1880-'61.-  hCAP. 12--13.

COURTS.
Cap. 12. AN ACT TO REPEAL AN ACT PASSED AT THE SESSION OF 1858-, ENTI-
TLED  AN ACT ORANTING TO THE SUPERIOR COURT OF BURKE COUN-
TY ORIGINAL AND EXCLUSIVE JURISDICTION OF ALL CRIMINAL CAUSES
AND STATE PROSECUTIONS WHERE THE INTERVENTION OF A JURY MAY
BE NECESSARY.
Repeals former
Act.         SEC. 1. Be it enacted by the General Assembly of the State
of North Carolina, and it is hereby enacted by the authority
of the same, That an act, passed at the session of the
General Assembly of 1858-9, entitled an act granting
to the superior court of Burke county original and exclu-
sive jurisdiction of all criminal causes and State prosecu-
tions where the intervention of a jury may be necessary,
be, and the same is hereby repealed.
Court of PleasI
to have Jur..  SEC. 2. Be it further enacted, That the court of pleas
diction,  and quarter sessions of the county of Burke shall have
and exercise the same jurisdiction in criminal causes and
State prosecutions as the said court had and exercised
before the passage of the said act which is hereby repealed.
SEc. 3. Be it further enacted, That this act shall be in
force and take effect from and immediately after its rati-
fication. [Tatfied the 20th day of Decembcr, 1860.]
Chap. 13.        AN ACT CONCERNING COURTS 01 OFER AND TERMINER.
SEC. 1. Be it enacted by the General Assembly of the State
and Tortiner of Wort C rclita, and it is hereby enacted by the authority
to have jurls
diction in cer- O the same, That in all CRSs where any slave or slaves is
tain caecS.
or are under arrest or in prison, and not indicted, as well
as when he, she or they is or are indicted for any of the
crimes mentioned in the 41st section of the 107th chapter
of the Revised Code, courts of oyer and terminer shall
have jurisdiction to try such slave or slaves, and the pie-
siding judge may issue an order for a special venire of
jurors, out of which a grand jury shall be enipannelled,
when and if necessary; and the remainder, or those not
required as a grand jury, summoned under the special

24

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