number than two hundred and fifty, shall be formed into independent companies.

XXXVI. There shall be established in each county a court, to be called a Superior Court, to be held twice in each year, on the first Tuesday in March, in the county of Chatham.

The second Tuesday in March, in the county of Effingham.

The third Tuesday in March, in the county of Burke.

The fourth Tuesday in March, in the county of Richmond.

The next Tuesday, in the county of Wilkes : And Tuesday fortnight, in the county of Liberty.

The next Tuesday, in the county of Glyn: And next Tuesday, in the county of Camden.

The like courts to commence in October, and continue as above.

XXXVII. All caufes and matters of difpute between any parties refiding in the fame county, to be tried within the county.

XXXVIII. All matters of difpute between contending parties refiding in different counties, fhall be tried in the county where the defendant refides; except in cafes of real eftates,

which shall be tried in the county where such real estate lies.

XXXIX. All matters of breach of the peace, felony, murder, and treafon against the State, to be tried in the county where the crime was committed. All matters of difpute, both civil and criminal, in any county where there is not a fufficient number of inhabitants to form a court, fhall be tried in the next adjacent county where a court is held.

XL. All caufes, of what nature foever, fhall be tried in the Superior Court, except as hereafter mentioned; which court fhall confift of the Chief-justice, and three or more of the Juftices refiding in the county. In cafe of the abfence of the Chief-juftice, the fenior Justice on the bench shall act as Chief-justice, with the Clerk of the county, Attorney for the State, Sheriff, Coroner, Conftable, and the jurors. And in cafe of the absence of any of the aforementioned officers, the Juftices on the bench to appoint others in their room pro tempore. And if any plaintiff or defendant in civil caufes fhall be diflatisfied with the determination of the jury, then, and in that case, they shall be at liberty within three days to enter an appeal from that verdict, and demand a new trial by

a fpe

a fpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, shall chufe fix, fix more names fhall be taken indifferently out of a box provided for that purpose, the whole eighteen to be fummoned, and their names to be put together into the box, and the first twelve that are drawn out, being present, shall be the special jury to try the cause, and from which there can be no appeal.

XLI. The jury fhall be judges of the law, as well as of fact, and fhall not be allowed to bring in a special verdict; but if all or any of the jury have any doubts concerning points of law, they shall apply to the bench, who shall each of them in rotation give their opinion.

XLII. The jury fhall be fworn to bring in a verdict according to law, and the opinion they entertain of the evidence; provided it be not repugnant to the rules and regulations contained in this Conftitution.

XLIII. The fpecial jury fhall be fworn to bring in a verdict according to law, and the opinion they entertained of the evidence, provided it be not repugnant to justice, equity and confcience, and the rules and regulations con

tained in this Conftitution, of which they fhall judge.

XLIV. Captures both by fea and land to be tried in the county where such shall be carried in a fpecial court to be called by the Chiefjustice, or, in his abfence, by the then fenior Juftice in faid county, upon application of the captors or claimants, which cause shall be determined within the fpace of ten days. The mode of proceeding and appeal fhall be the fame as in the Superior Courts, unless after the fecond trial an appeal is made to the Continental Congrefs; and the distance of time between the first and fecond trial fhall not exceed fourteen days; and all maritime causes to be tried in like manner.

XLV. No grand-jury fhall confist of less than eighteen, and twelve may find a bill.

XLVI. That the Court of Confcience be continued as heretofore practised, and that the jurifdiction thereof be extended to try causes not amounting to more than ten pounds.

XLVII. All executions exceeding five pounds, except in the cafe of a court merchant, shall be stayed until the firftMonday in March provided fecurity be given for debts and cofts. XLVIII. All

;

XLVIII. All the costs attending any action in the Superior Court shall not exceed the fum of three pounds, and that no caufe be allowed to depend in the Superior Court longer than two

terms.

XLIX. Every officer of the State shall be liable to be called to account by the House of Affembly.

L. Every county fhall keep the public records belonging to the fame; and authenticated copies of the feveral records, now in the poffeffion of this State, shall be made out, and depofited in that county to which they belong.

LI. Eftates fhall not be entailed; and when a perfon dies inteftate, his or her estate shall be divided, according to the Act of diftribution made in the reign of Charles the Second; unlefs otherwise altered by any future Act of the legislature.

LII. A Register of Probates fhall be appointed by the legislature in every county, for proving wills, and granting letters of adminiftration.

LIII. All

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