Page:1751 A collection of all the public acts of Assembly, of the province of North-Carolina now in force and use.pdf/28

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LAWS of North-Carolina.

CHAP. XVI. An Act, to direct the Method to be observed, in the Examination and Committment of Criminals.

I. BE it Enacted by his Excellency the Palatine, and the rest of the true and and absolute Lords' Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, new met at Little River, for the North-East part of the said Province and It is hereby Enacted, No Person shall be committed without Examination. That from henceforward, no Person within this Province shall be committed to Prison for any Criminal Matter, until Examination thereof be first had before some Magistrate; Magistrate shall admit to Bail, if Bailable The Magistrate shall admit the Party to Bail, if bailable, Shall record the Examination, & the Matter given in Evidence, against and for him and shall record the Examination of the party, and also the full Matter given in Evidence, both against and for him, with all concurring Circumstances; Shall take recognizance, to prosecute, and give evidence. and shall take Recognizance, with good and sufficient Securities, to our Soverign Lord the King, for the Informer to appear and prosecute, as the Laws of the Kingdom of Great-Britain and this Province do direct, and likewise for all Evidences for the King to appear, and give Evidence against the Criminal, at the next Court, where the Matter is cognizable, ensuing such Examination; And shall return to the next Court where the matter is to be tried, under Penalty of 5d. for every Neglect. Which Examination and Recognizances so taken, shall be returned to the Office of the Court wherein the Matter is to be tried, under the Penalty of Five Pounds for every Neglect; One half to the Lords Proprietors, and the other Half to him or them that shall sue for the same: To be recovered, in any Court within this Government, by Action of Debt, Bill, Plaint, or information, wherein no Essoin, Protection, Injunction, or Wager of Law, shall be allowed or admitted of.

Rep. by Act, Dec. 5, 1746, Chap. 2.

CHAP. XVII.An Act concerning Evidences.

Rep. by Act, Dec. 5, 1746, Chap. 2.

CHAP. XVIII.An act for the Relief of such Creditors whose Debtors having Lands in this Government depart without leaving Personal Estate sufficient to pay their Debts.

CHAP. XIX.An Act concerning Escapes of Persons under Execution.O B S.