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![handle is hein.ssl/ssnc0144 and id is 1 raw text is: 1785. 391
At a GENERAL ASSEMBLY,- begun and held at Newbern, on the Nine-
teenth Day of November, in the Year of our Lord One Thousand Seven Esq. Governor.
Hundred and Eighty-five, and in the Tenth Year of the Independence of
the said State Being the First Session of this Assembly.
An a for eabli/hing a militia in thisjfate. CHAP. 1.
Rep 1786, 23.
.4h ae for encreafing the jur;idiion ofthe county courts 01 plearand quarter-ffions, and of the ju/ices of the CHAP. 2.
peace out of court, and diresing the time of holding thefeveral courts of this fate. Vol 2, 57, as,
HEREAS the extenfion of the jurifdi6lion of the courts of pleas and quarter-feflions of the fe- 27.
veral counties within this ftate, may tend to the more fpeedy furtherance of juffice to the citi- 17,2
zens therein:
I. Be it therefore enaEled by the General Afemnbly oJ theJlate of North-Carolina, and it is hereby enacted by the Jurisdialon of
uthority of the same, That from and after the paling of this ad, the fcveral county courts of pleas and county courts
quarter-feffions within this flate, thall have, hold and exercife jurifdilion in all adions of trefpafs in increased.
ejedment, formedon in defcender, remainder and reverter, dower and partition, and of treffpafs quare
claufum fregit, any law to the contrary notwithitanding. And from judgments thereon the fame right
of appeal is hereby granted to any perfon or perfons thinking himfelf or themfelves aggrieved by reafon
thereof, as in fuch cafe is provided by an a&, entitled, i An ad for eftablifhing courts of law and regu- A
]ating the proceedings therein. Provided neverth.left, That before the granting of any appeal whitever,
the attorney praying the fame fhall certify to the court in writing reafons for his motion, with his opin-
ion that the fame are good and fuflicient in law why fuch appeal ought to be granted ; which certificite
as aforefaid, tigned with the name of the faid attorney, fhall make part of the record, ani be tranfinit-
ted with the other tranfcripi of the caufe to the fuperior court a, aforefaid. Where intcrrst
II. And whereas from the manner in which appeals from the county courts of pleas and quarter fef- aloxred n ap-
fions have been heretofore obtained ini numerous inftances, frequent injuftice has happened to many pe.L
juft fuitors from the delay incident to faid appeals : For remedy whereof, Be it fur-ther enacted, That
when any appeal prayed (hall not be profecuted, or the court before whom the faid appea' may be deter-
irined (hall affirm the judgment, then (hall the appellant be decreed to pay to the appellee, twelve and
an half per cent. intereft from the paffing of the judgment in the county court by which fuich appeal may
have been granted; and the bonds taken for profecution of appeals with efTecd thall hereafter make part .
of the records fent up to the fuperior court, on which judgment may be inflanter entered up againft the No appea a.
appellant and his fdcurities and no appeal in any caufe or court whatfoever [hall be abated by the death bAted by death.
of either plaintiff or defendant, but may be proceeded on by application of the heirs, executors, admi-
niffrators or afligns of either party.
III. And be it furdher enacted, That it (hall riot be lawful for ainy court to grant a continuance of any causes how
caufe theiein depending, but by confent of both parties or on caufe (hewn by affidavit filed; which caufe contied.
(hall be held fufficient in law for the faid continuance.
IV. And be itfurther enafed by the authority aforefaid, That fingle juftices of the peace (hall from and af- J tices to
ter the pafling of this ad, have jurifdiion of all debts and demands of ten pounds and under, where ionse r w-
the balance due on any fpecialty, contraff, note or agreement, or for goods, wares arid merchandizes 1l.
fold and delivered, or work or labour done ; all which matters and things are hereby declared to be cog-
nizable and determinable before any one juflice of the peace out of court, and execution thereon may be
awarded as diredted by the aforefaid recited ad, An adt for eftbblifling courts of law and regilating
the proceedings therein, fubjed neveithelefs to the appeal of any party as by the faid at is provided.
.Provided always, That judgments given by any one juftice of the peace, execution thereon fhall be (Liy A rpeal.](ViewImageLocal?handle=hein.ssl/ssnc0144&div=1&collection=&method=preview&ext=.png&size=3)