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1797 104 (1797)

handle is hein.ssl/ssnc0156 and id is 1 raw text is: 104 1797. sAa UceL An=. At a GENERAL ASSEMBLY, begun and held at Raleigh, on the twenti- re covernio. eth Day, of November, in the Year of our Lord One Thousand Seven Hundred and Ninety-Seven, and in the Twenty-secoiid Year of the Inde. pendence of the said State, Being the First bession of the.said Assembly. CHAP. 1. fn aR to rai/e a revenue for the payment of the civil li/ and contingent charges of the govermnent, for the year one thoupwandfeven hundred and ninety-eight. TEMPORARr. CHAP. 2. An ac7 to regulate the condua of Grand 'uries, and authrifing Courts of Record to adjudge the payment of co/is in certain cafes, empowering Sherifs to take bail on writs of/capias. Court to deter. I. E it enacted by the General Afembly of the Jate of North- Carolina, and it is hereby enacted by the mine onnia. B authority of the fame, That when :in indiament fhall be found by any of the Grand Juries within ticious prosecu- this Rate, and a ndi profeqdafterwards entered, it hall and may be lawful,,on application, for the court in now. which fuch indiament was prefered to fay and determine whether fuch profecution was promoted on fri- volous or malicious pietences and grounds, if fo, to decree that the profecutor fliould be fubjed to pay, qnd difcharge the coffs thereof. witesse II. And be itfirther enabed, That when a prefentment fhall be made of any offence by the Grand Jury, nanicendorsed upon the knowledge of one or more of their body, the name or names of fich Grand Juror or Jurors giv. on a present- ing information, ihall be endorfed on the prefentment ; and when any prefentment or information fhl;l be made by the Grand Jury, of any offence upon the teilimony.of a witnefs called upon by the Grand Jury to give tof timony, the name of fuch witnefs fhall likewife be endoried thereon. Manner of per. II. ind be it further cvaded, Ihat no perfon thall be arrefted or charged before any court, on a prefent- son' being ment made by a Grand Jury, before the attorney ading.for the Itate (hall prepare a bill, and the bill found, charged, by the Grand Jury to be a true bill. Sherifl.may IV. Aind be itJ urther ena7ed, 'that eich and every Sheriff within this flatc, or his legal deputy, when take bail oi in. he thall arreit the body of any perfon in confequence of the writ of capias ilflucd to him by the Clerk of aimomnts if a any court of recqrd, on and from an indiament previoufly found, it fliall and may be.lawful for faid She. e ri IF, or his deputy, if the crime charged is bailable, to recognize faid offender, and take bail in nature of a ic. cognizance, for his appearing at the next fitecceding court of the difirit or county where fich offender ought to ani.ver, and where fuch bill hath been found i to be guided and direded in this ntter by the Lme rules and regulations as have heretofore goveined Juftices of the Peace. Seals unnece.- V. And beit further ena7ed, Tlat iii all safes where aClerk of a county court ifllues procefs to the cou-- sary to be aillx. ty of which he is Clerk, it fhall not be neccilhrry for him to annex the feai of his office thereto, neither thall edjto pocess ill it be necefllry for the Clerk of a fuperior court to affix.tle feal of his office.to any procels by him to be cetailn ca's. iffued to the counties compofing the diltritt of which he is the Clerk ; and if any fuch feal thould be not- withiltanding annexed, it thall not be lawful to raife any charge in the bill of cots for.the fame. CHAP. s. An aR to explain and amend an af pafed at Fayetteville, in the year one thou/and feven hundred and cighty-nine, 79, 57. entitled, 4 An ad direfting the mannet of ilruing procefs in fundry cafes arifing in the courts of law and courts of equity, and to dired how joilit obligations thall furvive, and other purpo/es, as way appear by the title and body of the/ad aFt. lcw judgment I. E it ena~ed by the General Aenbly ofthe fate ofNorth-Carol.na, and it is hereby enacted by the author- may be entend R ity of thefaine, That in all cafes where an executor or adminiffrator (hall be fued, with a fur- fncerta~ncass* viving obligor or obligors, in purfuance of the faid ad, and it may be neceffary that judgment fhould be tendered againft fuch executor or adminiftrator, fitch procefs and judgment may be awarded againft the fame, as if fuch executor or adminiftrator had been fued feverally, and judgment may be awarded and

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