Page:Session Laws of North Carolina, April, 1777.pdf/12

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

10
LAWS of North-Carolina.

A.D. 1777

Article for their Aid or Comfort; or ſhall form, or be in any wiſe concerned in forming, any Combination, Plot, or Conſpiracy, for betraying this State, or the United States of America, into the Hands or Power of any foreign Enemy; or ſhall give or ſend any Intelligence to the Enemies of this State for that Purpoſe; every Perſon ſo offending, and being thereof legally convicted by the Evidence of two ſufficient Witneſſes, or ſtanding mute, or peremptorily challenging more than Thirty Five Jurors, in any Court of Oyer and Terminer, or other Court that ſhall and may be eſtablished for the Trial of ſuch Offences, ſhall be adjudged guilty of High Treaſon, and ſhall ſuffer Death without the Benefit of Clergy, and his or her Eſtate ſhall be forfeited to the State. Provided, That the Judge or Judges of the Court wherein ſuch Conviction may be, ſhall and may order and appropriate ſo much of the Traitor's Eſtate, as to him or them may appear ſufficient, for the Support of his or her Family.

Miſpriſion of Treaſon. III. AND be it further Enacted, by the Authority aforeſaid, That if any Perſon or Perſons within this State ſhall attempt to convey Intelligence to the Enemies of this State, or of the United States; or ſhall publicly and deliberately ſpeak or write againſt our public Defence; or ſhall maliciouſly and adviſedly endeavour to excite the People to reſiſt the Government of this State, or perſuade them to return to a Dependence on the Crown of Great Britain; or ſhall knowingly ſpread falſe and diſpiriting News, or maliciouſly and adviſedly terrify and diſcourage the People from inliſting into the Service of the State, or diſpoſe the People to favour the Enemy, or oppoſe and endeavour to prevent the Meaſures carrying on in Support of the Freedom and Independence of the ſaid United States; every ſuch Perſon or Perſons, being thereof legally convicted by the Evidence of two or more creditable Witneſſes, or other ſufficient Teſtimony, ſhall be adjudged guilty of Miſpriſion of Treaſon, and ſhall ſuffer Impriſonment during the War, and forfeit to the State one Half of his, or, or their Lands, Tenements, Goods and Chattels.

Where cognizable. IV. AND be it further Enacted, by the Authority aforeſaid, That all Offences by this Act declared Miſpriſion of Treaſon ſhall be cognizable before any Juſtice of Peace of the County where the Offence was committed, or where the Offender can be found; and every Juſtice of the Peace within this State, on Complaint to him made on the Oath or Affirmation of one or more credible Perſon or Perſons, ſhall cauſe ſuch Offender to come before him, and enter into a Recognizance, with one or more ſufficient Surety or Sureties, to be and appear at the next County Court of the County wherein the Offence was committed, and abide the Judgment of the ſaid Court, and in the mean Time to be of the Peace and good Behaviour toward all People in the State; and for want of ſuch Surety or Sureties, the ſaid Juſtice ſhall and may commit ſuch Offender either to the Gaol of the County or Diſtrict where the Offence was committed, and appoint a Guard for the ſafe conveying of him to ſuch Gaol. And all Perſons charged on Oath or Affirmation with any Crime or Crimes by this Act declared to be Treaſon againſt the State, ſhall be dealt with an proceeded againſt in like Manner as the Law directs in Reſpect of other capital Crimes.

V. AND