Memorandum concerning the districts in North Carolina

(1) Salisbury District containing the following counties: Anson, Rowan, Mecklenburg, Surry, Guilford, Burke, Wilkes, Washington, Lincoln, Montgomery, Rutherford, Sullivan, Richmond; (2) Hillsboro District: Caswell, Granville, Wake, Chatham, Orange, Randolph; (3) Halifax District: Currituck, Halifax, Edgecombe, Martin, Warren, Franklin, Nash; (4) Edenton District: Currituck, Pasquotank, Camden, Perquimans, Chowan, Yates, Bertie, Hertford, Tyrrell; (5) Newbern District: Craven, Carteret, Beaufort, Hyde, Johnson, Dobbs, Pitt, Jones, Wayne; (6) Wilmington District: New Hanover, Onslow, Duplin, Cumberland, Bladen, Brunswick; And, Afterwards the following Districts were erected: (7) Washington and Sullivan District: Now part of Tennessee-taking part of Salisbury District; and, (8) Morgan District: In the extreme western part of the State.; No Author; Volume 15, Page 377

1782

1782; Acts of the North Carolina General Assembly

II. 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 the said district of Salisbury be divided in the manner following: The counties of Rowan, Anson, Mecklenburg, Guilford, Surry, Montgomery, and Richmond, shall be and remain the district of Salisbury; and the counties of Burke, Wilkes, Rutherford, Washington, Sullivan and Lincoln, immediately after the passing this act, shall be, and are hereby declared to be a distinct and separate district by the name of Morgan, wherein the judges of the several superior courts of law for the State shall, twice every year, sit and hold a superior court of law, one session thereof beginning on the first day of March, and the other on the first day of September annually, and the said sessions respectively shall each be continued by adjournment for ten days, exclusive of Sundays, if the business depending in such court shall not be sooner finished.

III. And be it further enacted by the authority aforesaid, That the judges of the several superior courts of law in this State, shall possess and exercise as full and ample power and authority, in all causes, matters and business whatsoever, in the said district of Morgan, as they now do lawfully possess, or may exercise in any other district of this State, and that the judges, attorney general, or in his absence, such person as the court shall appoint to transact the business in his department, shall have the same allowance for attendance and services in the said district of Morgan, as they respectively are, or may be entitled to receive, for the same services in any other district.

IV. And be it further enacted by the authority aforesaid, That the several county courts in the said district of Morgan, at their respective sessions next before the sitting of the superior court of law therein, shall appoint persons to serve at the same as grand and petit jurymen, as follows, viz. in Burke twenty, in Wilkes ten, in Rutherford nine, and in Lincoln nine, who shall receive the same pay, and be liable to the same penalties, as jurymen appointed to serve at the several superior courts of law in other districts.

V. And whereas the extensive mountains that lie desolate between the inhabited parts of Washington, and the inhabited parts of Burke counties, make the transportation of criminals from the former to the latter difficult and on the way may frequently find means to break custody and escape; wherefore that offenders in the said counties of Washington and Sullivan may be more easily and certainly brought to justice. Be it enacted by the authority aforesaid, That one of the judges of the superior court, and some other gentleman commissioned for that purpose, or one of them, twice in every year, at the court house in Washington county, sit and hold a court of Oyer and Terminer, and general gaol delivery, for the trial of all criminal causes whatsoever within the limits of the counties of Washington and Sullivan, one session thereof beginning on the fifteenth day of February, and the other on the fifteenth day of August, and every session shall be continued by adjournments for five days, exclusive of Sundays, unless the business shall be sooner finished; and the said court shall possess and exercise as full and ample power and authority in all criminal matters within the limits aforesaid, as the judges of the several superior courts of law in this State possess and exercise in other districts, and shall also have power to receive and try appeals from the county courts of Washington and Sullivan.

VI. And be it further enacted by the authority aforesaid, That the judges who shall hold the said Court of Oyer and Terminer, attorney general, or in his absence the person appointed by the court to do the business in his department, shall have two thirds of the allowance for attendance and service, as the judges and attorney respectively are entitled to receive for the same service at the superior courts of law in other districts.

VII. And be it further enacted by the authority aforesaid, That the county courts shall appoint jurymen as follows, viz. Washington thirty two, and Sullivan sixteen, to serve as grand and petit jurors at the said court of Oyer and Terminer, and the said jurymen shall receive the same allowances, and be liable to the same penalties, as jurymen appointed to serve at the several superior courts of law in this State.

VIII. And be it further enacted by the authority aforesaid, That the superior court of law for the district of Morgan shall be held at the court house in Burke county, until some other place shall be appointed by Act of Assembly.

IX. And be it further enacted by the authority aforesaid, That if the day of the month as above prescribed for the first day of any term of either of said courts shall happen to be Sunday, then such term shall begin on the day following.

X. And be it further enacted by the authority aforesaid, That the jurors for the superior courts to be held at Salisbury, for the district of Salisbury, shall be furnished from the several counties of said district in the following proportion, to wit, Anson three, Richmond three, Montgomery three, Guilford eight, Surry seven, Rowan fifteen, and Mecklenburgh nine; Page 450; CHAPTER XXII.

1782; Acts of the North Carolina General Assembly

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the said county courts of please and quarter sessions, after the passing of this Act, shall be held on the following days, to wit: For Lincoln county the first Mondays in July, October, January and April; for Burke County, the third Mondays in July, October, January and April; for Rutherford County, the second Mondays in July, October, January and April; for Wilkes County, the fourth Mondays in July, October, January and April; for Washington county, the first Mondays in May, August, November and February.

III. Provided nevertheless, That where the court day directed by a former Act of Assembly shall happen in any county before the first day of July next, the justices of such county may hold such court according to the day as heretofore prescribed by law, any thing in this Act to the contrary notwithstanding.

IV. And be it further enacted by the authority aforesaid, That every process and recognizance returnable to said courts, shall be returned on the court days by this Act appointed; and all causes depending in the said courts shall stand continued to the same days, any law, usage, or custom to the contrary, notwithstanding; Page 461; CHAPTER XXXI

Monday, 21 April, 1783

The executive have been distressed with a number of wretches condemned heretofore for Treason, who, on enquiry into their particular cases, have thought them beneath the notice of public justice, and have generally pardoned them on their enlisting into the Continental Service for eighteen months.

As prosecutions of this kind are daily carried on, and the Courts of Justice worried with them, I beg the sense of the Honorable, the Legislature, as the Supreme Council of the State, with regard to the above persons; also request that some Law be passed, that the Judicial and Executive powers of Government be directed how to conduct themselves in future towards this Class of people. I am, &c., ALEX. MARTIN. April 21st, 1783; Page 777

Monday, 21 April, 1783; Page 245; Resolved, that it be recommended to His Excellency the Governor to grant a pardon of their several offences to Joseph Lacefield, Asel Cross, Dennis Trammel, Isham Young, John Walbert, John Thompson, William Simpson and John Johnston, who are each of them now under sentence of death, and who have been severally recommended to his Excellency as objects deserving of Clemency, some of them by the judges and Juries present at their conviction and others by sundry Gentlemen of reputable characters who are personally acquainted with them and their former conduct in life. Ordered that the above resolve be sent to the Senate for concurrence. Ordered that the message from His Excellency the Governor be also sent to the Senate.

Monday, 21 April, 1783; Page 247; Received from the Senate the following message: Mr. Speaker and Gentlemen: The resolve of your House of this day recommending to his Excellency the Governor to grant pardons to certain persons therein named, now under sentence of death, we have concurred with and caused the same to be handed the Governor.

Monday, 21 April, 1783; page 135 Recd. from the Commons a bill for building a Court House & Prison for the District of Morgan & for laying out a town at the said Court House. Endorsed in the House of Commons 21 April, 1783, Read the first time and passed. Ordered said bill be read. The same being read was passed the first time and sent the Commons.

Monday, 21 April, 1783: page 145 Recd. from the Commons a bill for building a Court House & Prison for the District of Morgan & for laying out a town at the said Court House. Endorsed in the House of Commons 23 April, 1783, Read the second time, amended and passed. Ordered said bill be read. The same being read was amended, passed the second time and sent the Commons.

Monday, 21 April, 1783; page 152; Recd. from the Commons a bill for building a Court House and Prison for the District of Morgan & for laying out a town at the said Court House, also a bill for dividing Washington County into two distinct Counties & erecting a County by the name of Greene, both endorsed in the House of Commons 25 April, 1783, Read the third time, amended and passed. Ordered that these bills be laid over until tomorrow and then read for the last time.

Saturday, 26 April, 1783; Met according to adjournment. Agreeable to the order of the day the bill for dividing Washington County into two distinct Counties & erecting a County by the name of Greene was read for the third and last time, passed and ordered to be Engrossed. Pursuant to the order of the day the bill for building a Court House & Prison for the District of Morgan & for laying out a town at the said Court House was read for the third and last time.

July 28, 1783; Page 851; Proclamation by Gov Alexander Martin concerning loyalists; BY HIS EXCELLENCY ALEXANDER MARTIN, ESQUIRE, GOVERNOR, CAPTAIN GENERAL AND COMMANDER IN CHIEF OF THE SAID STATE. [From Executive Letter Book.] State of North Carolina. A Proclamation.

Whereas, The Honorable the General Assembly passed an act of Pardon & Oblivion, at their last session, wherein it is enacted "That the said Act shall not extend to pardon or discharge, or give any benefit whatsoever to such persons (being citizens of this State) who have taken Commissions, or have been denominated officers, and acted on such, under the King of Great Britain, or to such as are named in any of the laws commonly called confiscation laws, or such who have attached themselves to the British, and continued without the limits of this State and not returned within twelve months previous to the passing the said act, or to Peter Mallet, David Fanning, and Samuel Andrews, or to any person or persons guilty of deliberate and wilful murder, robbery, rape and house burning; but that they be precluded from the said Act of Pardon and Oblivion notwithstanding." In order to bring such offenders to justice as are excepted out of said Act, I have thought proper, by and with the advice of the Council of State to issue this my Proclamation, requiring and commanding all officers, civil and military, in this State to use their endeavours to apprehend such persons of the above description that they may be dealt with according to Law, (those who have been acquitted in the Courts of Justice or been pardoned, excepted;) and all the good Citizens of this State are hereby required to be aiding and assisting in this service, as they will answer the contrary at their peril.

And, whereas, divers ill disposed persons, late inhabitants of this State, or some one of the United States, who withdrew from the same and attached themselves to the King of Great Britain in the late war, or were expelled fro being obnoxious to the Laws, since the suspension of hostilities between Britain and America, are daily intruding themselves into this State without any authority, under colour of carrying on trade and various other pretences, to the great uneasiness and disturbance of the good and virtuous Citizens thereof; that the public peace be supported, now happily restored, and a general harmony diffused, I do further order and command all such persons who have arrived into this State since the first day of May last, or who shall arrive without having first obtained leave from the executive, immediatley to depart the same; and I do strictly prohibit the return of all and every the said persons until the Legislature shall please to determine on the subject, on the pains and penalties that shall ensue, and that this Proclamation be not evaded, but strictly complied with, I hereby require all officers, and the good Citizens of this State as aforesaid, to enforce the due observance of, and obedience thereto.

Given under my hand and the great Seal of the State, at Halifax, the Twenty-eighth day of July, in the year of our Lord, one thousand seven hundred and eighty three, and eighth year of the independence of the said State. ALEXANDER MARTIN. By His Excellency's command. JAMES GLASGOW, Secretary. God Save the State.

1783; Acts of the North Carolina General Assembly; Page 489; CHAPTER VI; An Act of Pardon and Oblivion; Whereas, it is the policy of all wise states on the termination of civil wars, to grant an act of pardon and oblivion for past offenses, and as divers of the citizens of this state, and others the inhabitants thereof, in the course of the late unhappy war, have become liable to great pains and penalties for offenses committed against the peace and government of the state, and the general assembly out of an earnest desire to observe the articles of peace, and on all occasions disposed to forgive offences rather than punish where the necessity for exemplary punishment has ceased.

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That all and all manner of treasons, misprision of treason, felony or misdemeanor, committed or done since the fourth day of July, seventeen hundred and seventy-six, by any person or persons whatsoever, be pardoned, released, and put in total oblivion.

III. Provided always, That this act, or anything therein contained, shall not extend to pardon or discharge, or give any benefit whatsoever to persons who have taken commissions, or have been denominated officers, and acted as such under the King of Great Britain, or to such as are named in any of the laws commonly called confiscation laws, or such as have attached themselves to the British and continued without the limits of this state, and not returned within twelve months previous to the passing of this act. Provided further, That nothing herein contained shall extend to pardon Peter Mallette, David Fanning and Samuel Andrews, or any person or persons guilty of deliberate and wilful murder, robbery, rape, or house burning, or any of them, anything herein contained to the contrary notwithstanding. Provided nevertheless, That nothing in this Act shall be construed to bar any citizen of this state from their civil action for the recovery of debts and other damages. Provided also, That nothing herein contained shall intitle any person by this law to be received, to elect or be elected, to any office or trust in this state, or to hold any office civil or military.

IV. Whereas, by an act passed at Wake Court House, all officers, civil and military, who had taken parole were suspended from the execution of their respective offices, and required to appear at the next General Assembly to shew cause, if any they could, why they should not be removed from said office; and, whereas, several of the officers aforesaid have neglected to appear agreeable to the requisition of the Act of Assembly; Be it Enacted by the authority aforesaid, That all such officers, both civil and military, is hereby declared to stand suspended from the execution of their several offices, until they shall appear at some future assembly and be restored to the execution of their respective offices, or removed agreeable to their merit or demerit.

V. Provided, That nothing herein contained shall be construed to exclude a justice of the peace from executing the duties of his office, who shall make it appear to the satisfaction of the court of his county, by oath or otherwise, that he was taken prisoner without his consent and privity, and that after his capture he had not voluntarily stayed with the enemy, nor taken an active part in any manner, by furnishing them wilingly with provision, bearing arms, or accepting any appointment in their civil regulations.

Thursday, 6 May, 1784; Page 559; The following Bills were presented and read for information, vizt.; A Bill for dividing the District of Morgan.

Friday, 7 May, 1784; Page 567; Pursuant to the order of the day, the Bill for dividing the District of Morgan was read the first time, passed and sent to the Senate.

Friday, 7 May, 1784; Page 567; Received from the Senate the following Bills, vizt.; A Bill for dividing the District of Morgan. Endorsed in Senate, 7 May, 1784, read the first time and passed. Ordered that these Bills be read the second time on Monday next.

Monday, 10 May, 1784; Page 571; The House met according to adjournment; Mr. McDowall moved for leave and presented a Bill for appointing Commissioners in the District of Morgan for the purpose of erecting a Court House, Prison and Stocks in the County of Burke for the use of said District, and for levying a tax to complete the same; also, for laying out and establishing a town in Burke County, which was read for information and ordered to lie on the Table until Tomorrow & then to be read for the first reading in this House.

Wednesday, 12 May, 1784; Page 584; The House met according to adjournment. Received from the Senate the following Bills, vizt.: A Bill for appointing Commissioners in the District of Morgan, for the purpose of erecting a Court House, Prison and Stocks in the County of Burke for the use of said District, and for laying a tax to complete the same, also for laying out and establishing a town in Burke county. Respectively endorsed, in Senate, 11 May, 1784, read the first time and passed.

Wednesday, 12 May, 1784; Page 586; The Bill for dividing the District of Morgan was read the second time and rejected.

Friday, 14 May, 1784; Page 595; The House met according to adjournment. The Bill for appointing Commissioners in the District of Morgan for the purpose of erecting a Court House, prison and stocks in the County of Burke for the use of said District, and for levying a tax to complete the same, also for laying out and establishing a town in Burke County, was read the second time, amended, passed and sent to the Senate.

Monday, 17 May, 1784; Page 610; Mr. Lenoir moved for leave to enter his reasons of dissent against that part of the Bill for erecting public buildings in the District of Morgan as relates to laying a tax of four pence on each hundred pounds of taxable property in the Counties of Wilkes, Rutherford and Lincoln to defray the expence thereof, which are as follows: Firstly. Because the three Counties above mentioned have to lay a Tax to erect a Court House and Prison in each County, which we may reasonably suppose will not be less than one shilling and four pence on each hundred pounds of taxable property which together with the above four pence makes one shilling and eight pence. And in consequence of the District buildings above mentioned to serve for the public buildings for the County of Burke that County will only pay one shilling on the hundred pounds, for both County and District Buildings, and Wilkes, Rutherford, and Lincoln one shilling and eight pence on each hundred pounds. Secondly. Because Burke, instead of paying less than the other Counties, ought to pay more, in consideration of the great advantages it will derive from having the Superior Court therein, &c. Signed, WILLIAM LENOIR, JESSE FRANKLIN

Friday, 28 May, 1784; Page 662; The Bill for appointing Commissioners in the District of Morgan, for erecting a Court House, prison and Stocks in the County of Burke for the use of said District, and for levying a Tax to compleat the same, also for laying out and establishing a Town in Burke County, was read the third time, passed and sent to the Senate.

Monday, 8 November, 1784; Page 764; Mr. Maclaine moved for leave and presented a Bill for establishing the Town of Morgan and directing the building a Court House and Prison for the District of Morgan.

Tuesday, November 9th, 1784; Page 434; A Bill for establishing the town of Morgan and to direct the building of a Court House & Prison for the District of Morgan. Endorsed, read the first time and passed.

Thursday, November 11th, 1784; Page 445; A Bill for dividing the District of Morgan, and A Bill for altering the name of Jesse Hay to Jesse Speight. Severally endorsed, read the first time and passed. Ordered that these bills be read, the same being read were respectively ordered to be laid over until the next session of Assembly.

Friday, November 12th, 1784; Page 447; On motion, the House resumed the consideration of the Bill for dividing the District of Morgan, which was yesterday read and laid over until the next Assembly, whereupon, ordered that this Bill be read, the same being read was passed the first time and returned to the House of Commons.

Tuesday, November 16th, 1784; Page 457; The Bill for establishing the town of Morgan and to direct the Building a Court House and Prison for the District of Morgan. Respectively endorsed, read the second time and passed.

Friday, November 19, 1784; Page 463; Recd. from the House of Commons the Bill for dividing the District of Morgan. Endorsed, read the second time, amended and passed.

Monday, November 22, 1784; Page 472; Recd. from the House of Commons the following bills, to-wit: The Bill to establish the town of Morgan and to direct the building a Court House and Prison in the same for the District of Morgan. Ordered that these bills be read, which being read were passed the third time by this House.

Wednesday, November 24, 1784; Page 483; The Bill for dividing the District of Morgan; and The Bill to prevent issuing grants for lands on the Western Waters to such as have paid for the entry thereof in Counterfeit certificates, and until the Surveyor's Fees shall be paid, and making provision for those who may have entered Lands previously located by others. Respectively endorsed, read the third time and passed, except the two last, which were endorsed, read the third time, amended and passed.

1784; Acts of the North Carolina General Assembly; CHAPTER XXVIII; An Act for dividing the District of Morgan; I. 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 the district of Morgan be divided in the following manner, that is to say: The counties of Burke, Lincoln, Rutherford and Wilkes, shall be and remain the district of Morgan; and the counties of Washington, Sullivan, Davidson and Greene, immediately after the passing this Act shall be and are hereby declared to be a distinct and separate district by the name of Washington; and an assistant judge and attorney general shall be nominated and appointed by the General Assembly for the superior court of law and equity for the said district, and to exercise the same powers, and to have the same privileges and emoluments within the said district as the judges and attorney general within this State hold and exercise, and shall twice every year sit and hold a superior court of law and equity, one session thereof beginning on the fifteenth day of February, and the other on the fifteenth day of August annually; and the said sessions respectively shall each be continued by adjournment for ten days, exclusive of Sundays, unless the business depending in such court shall be sooner finished.

II. And be it further Enacted by the authority aforesaid, That the judges of the said superior court of law and equity for the said district of Washington shall possess and exercise as full and ample power and authority in all causes, matters and business whatsoever, both in court and out of court within the said district of Washington as the judges of the several superior courts of law and equity for this State do now possess or may exercise in any other district of this State: and the judges shall be allowed for attendance and service at every court held for the said district of Washington, the sum of fifty pounds each; and the attorney-general, or in his absence such gentleman as the court shall appoint to transact the business in his department, the sum of forty pounds.

III. And be it further Enacted by the authority aforesaid, That the several county courts in the said district of Washington, at their respective sessions next before the sitting of the superior court of law and equity therein, shall appoint persons to serve as grand and petit jurors at the same as follows: In Washington fifteen, in Sullivan twelve, in Greene twenty-one; who shall receive the same pay, and be liable to the same penalties as jurymen appointed to serve at the superior courts of law and equity in other districts.

IV. And be it further Enacted by the authority aforesaid, That the county courts of Morgan district shall appoint jurymen to serve at the superior courts of law and equity therein as follows: Burke, sixteen; Lincoln, thirteen, Wilkes, nine; Rutherford, ten.

V. And be it further Enacted by the authority aforesaid, That if the day of the month as above prescribed for the first day of any term of said superior court of law and equity for the district of Washington shall happen to be Sunday, then such term shall begin on the day following; and that the same courts for the district of Washington shall be held at Washington court house until some other place shall be appointed by Act of Assembly.

VI. And whereas one judge cannot decide on demurrers, writs of error, and other matters that may arise before said judge; Be it therefore Enacted by the authority aforesaid, That when any one of the Judges of the former superior courts of law and equity shall attend said court; he shall be allowed the sum of eighty pounds for his services.

Tuesday, 6 December, 1785; Page 30; Recd. from the House of Commons the following Bills, to-wit: Received also a Bill to amend an act to establish the Town of Morgan and direct the building a Court House and Prison in the same for the District of Morgan. Endorsed, read the first time and passed.

Tuesday, 13 December, 1785; Page 56; The Bill to amend an act to establish the Town of Morgan and to direct the building a Court House and Prison in the same, for the District of Morgan; and The Bill to establish a Town in the Fork of Cumberland and Red River, on the East side of Red River, in Davidson County. Respectively endorsed, read the second time and passed.

Monday, 17 December, 1787; Page 249; Whereas, it hath been represented to this General Assembly that the Superior Court of Law and Equity for the District of Morgan hath never been attended by any but one of the Judges, that in consequence thereof many Suits remain undetermined to the great distress and injury of Suitors; wherefore, Resolved, That the Judges be and they are hereby required to give their attendance at said Court, that the business therein may be dispatched and Justice duly administered in said District.

Monday, 17th December, 1787; Page 434; Received from the House of Commons a Resolution requiring the Judges of the Superior Court of Law and Equity to be more punctual in their attendance at the Court of Morgan District; a Resolution directing the public Treasurer to pay unto Silas Cooke a sum therein Mentioned; and the report of the Committee appointed on the Memorial of Stephen Brooks; which being read, were severally Concurred with and returned.

Tuesday, 18 December, 1787; Page 259; Ordered that the Clerk of this House transmit a Copy of the resolution respecting the Judges attendance at Morgan Superior Court, Signed by the Speakers, to each of the said Judges as early as possible.

Saturday, 6 December, 1788; Page 590; The House met. Received from the House of Commons the Bill for appointing an additional Judge of the Supreme Court for the District of Morgan, and for the relief of Persons who have or may hereafter forfeit their recognizances in the Superior and County Courts. Endorsed, read the third time and passed.

1782; Acts of the North Carolina General Assembly; Page 65; CHAPTER III; An Act to to Amend An Act, Entitled, "An Act for Establishing Courts of Law and Regulating the Proceeding Therein," and Another Act, Entitled, "An Act for Giving an Equity Jurisdiction to the Superior Courts. Whereas, it hath become necessary to a due and regular administration of justice, that the terms of the superior courts of law and courts of equity should be enlarged, and that the business in the said courts should be so arranged and expedited as to be less expensive to the suitor, and more convenient to jurors and witnesses:

I. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That from and after the tenth day of January next, the said superior courts of law and courts of equity shall be, and the same are hereby divided into two ridings, that is to say, The districts of Morgan, Salisbury, Hillsborough, and Fayetteville, shall constitute one riding, and be distinguished and known by the name of the Western riding; and the districts of Halifax, Edenton, New Bern and Wilmington, shall constitute one other riding, and be distinguished and known by the name of the Eastern riding: And the said several Superior Courts of Law and Courts of Equity in the ridings before mentioned, shall be held for their respective districts, at the following places and on the following days, that is to say, In the western riding, for the district of Morgan, at the town of Morgan, on the first days of March and September; for the district of Salisbury, at the town of Salisbury, on the nineteenth days of March and September; for the district of Hillsborough at the town of Hillsborough, on the sixth days of April and October; for the district of Fayetteville, at the town of Fayetteville on the twenty-third days of April and October. In the eastern riding, for the district of Halifax, at the town of Halifax, on the twenty-third days of April and October; for the district of Edenton at the town of Edenton, on the sixth days of April and October; for the district of New Bern at the town of New Bern, on the nineteenth days of March and September; for the district of Wilmington, at the town of Wilmington, on the first days of March and September; To which times respectively all matters and things depending in the said courts shall stand adjourned: And each term shall continue thirteen days exclusive of Sundays, by adjournment from day to day if the business should require so long time; but otherwise may be sooner determined, Provided always, That if the day by this Act appointed for holding any of the said courts, should happen to fall on Sunday, then such court shall be held the next succeeding day, anything herein contained to the contrary notwithstanding.

II. And be it further enacted by the authority aforesaid, That one Judge shall be appointed in addition to the present number of the Judges of the said courts, who shall have, use and exercise and enjoy the same powers, authorities, rights, privileges and pre-eminences, as are used, exercised and enjoyed by the present Judges of said courts, under the said Act, entitled, "An Act for establishing courts of law and regulating the proceeding therein," or any other Act of law whatsoever of this State. And the Judges of the said courts shall so arrange their attendance at said courts, that two of them shall regularly attend the courts of the western riding, and the other two those of the eastern riding, and in such manner that any two of the said Judges shall not attend the same courts successively, but one of the said Judges shall pass into the other riding at each succeeding circuit, and this change shall be performed by them in regular rotation. Provided, That the Judge so to be added, shall before he acts as such take the oaths directed by law to be taken by the Judges of the said superior courts.

III. And be it further enacted, by the authority aforesaid, That the Judges attending the courts within the said ridings at the end of each term thereof, shall at their discretion divide and distribute the business with respect to the days or part of the next term of each respective court under such rules as they shall think fit; which rule or order shall be advertised by the Clerk of said court at every court-house of every county within the said district within sixty days, under the penalty of two hundred pounds, to be recovered by action of debt in any court having cognizance thereof; and for which service the Clerk shall be allowed twenty shillings for each county, to be paid by the Treasurer of this State on affidavit to be made by the Clerk.

IV. And be it further enacted by the authority aforesaid, That each of the jurors attending the said courts shall be allowed as heretofore.

V. And be it further enacted by the authority aforesaid, That each of the Judges of the said courts shall be allowed the sum of eight hundred pounds annually, in full compensation for all services; and in case the said Judges, or either of them, should fail to attend at any of the said courts, upon such failure the sum of seven pounds per day shall be deducted for every day they shall be absent during each term, sickness or other unavoidable accidents excepted.

VI. And be it further enacted, by the authority aforesaid, That the Clerks of the respective courts shall certify to the Treasurer the number of days each Judge shall have failed to attend the courts as by this Act directed, under the penalty of fifty pounds for every neglect; and the Treasurer shall deduct from the salary of such Judge accordingly.

VII. And be it further enacted, by the authority aforesaid, That one other person, being a man of abilities, integrity, and learned in the law, shall be appointed Solicitor-General for the State, who shall have the same powers, and be under the same restrictions, and have the same allowances and fees as the Attorney-General, of this State; and the said Solicitor-General and Attorney General shall arrange the business in such manner as may be most convenient to themselves, so that one of them shall attend in each riding; and the said Solicitor-General shall be appointed by joint ballot of both houses of the General Assembly.

VIII. And be it further enacted, by the authority aforesaid, That all indictments for assaults, batteries and petit larcenies, and actions for slander, shall in future originate in the county court of Pleas and Quarter Sessions only.

IX. And be it further enacted by the authority aforesaid, That no summons, writs, declaration, return, process, judgment, or other proceedings in the civil causes in any court of record, shall be abated, arrested, quashed or reversed for any defect or want of form, but the said Courts respectively shall proceed and give judgment accordingly as the right of cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration or other pleading, return, process, judgment or course, of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially set down and express, together with his demurrer as the cause thereof. And the said courts respectively shall and may by virtue of this Act from time to time, amend all and every such imperfections, defects and want of form, other than those only which the party demurring shall set down as aforesaid, and may at any time permit either of the parties to amend anything in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion and by their rules prescribe.

X. And be it further enacted by the authority aforesaid, That so much of the two Acts mentioned in the title of this Act, and so much of every other Act as comes within the purview of this Act, shall be and is hereby repealed and made void.