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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 causes and matters of dispute between any parties residing in the same county, to be tried within the county. - XXXVIII. All matters of dispute between contending parties residing in different counties, shall be tried in the county where the de. fendant resides ; except in cases of real estates,
which shall be tried in the county where such real estate lies. ;
XXXIX. All matters of breach of the peace, felony, murder, and treason against the State, to be tried in the county where the crime was committed. All matters of dispute, both civil and criminal, in any county where there is not a sufficient number of inhabitants to form a court, shall be tried in the next adjacent county where a court is held.
XL. All causes, of what nature soever, shall be tried in the Superior Court, except as hereafter mentioned ; which court shall consist of the Chief-justice, and three or more of the Justices residing in the county. In case of the ab: sence of the Chief-justice, the senior Justice on the bench shall act as Chief-justice, with the Clerk of the county, Attorney for the State, Sheriff, Coroner, Constable, and the jurors. And in case of the absence of any of the aforementioned officers, the Justices on the bench to appoint others in their room pro tempore. And if any plaintiff or defendant in civil causes shall be dissatisfied 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 special jury, to be nominated as follows, viz, each party, plaintiff and defendant, shall chuse fix, six more names shall be taken indifferently out of a box provided for that purpose, the whole eighteen to be summoned, 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 shall be judges of the law, as well as of fact, and shall 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 Thall cach of them in rotation give their opinion.
XLII. The jury shall be sworn 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 Constitution.
XLIII. The special jury shall be sworn 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 Constitution, of which they fall judge.
· XLIV. Captures both by sea and land to be tried in the county where such shall be carried in : a special court to be called by the Chiefjustice, or, in his absence, by the then senior Justice in said county, upon application of the captors or claimants, which cause shall be determined within the space of ten days. The mode of proceeding and appeal shall be the fame as in the Superior Courts, unless after the second trial an appeal is made to the Continental Congress; and the distance of time between the first and second trial shall not exceed fourteen days; and all maritime causes to be tried in like manner.
XLV. No grand-jury shall consist of less than eighteen, and twelve may find a bill, "
XLVI. That the Court of Conscience be continued as heretofore practised, and that the jurisdiction thereof be extended to try causes not amounting to more than ten pounds. : * XLVII. All executions exceeding five pounds, except in the case of a court merchant, shall be stayed until the first Monday in March ; provided security be given for debts and costs.
XLVIII.- All the costs attending any action in the Superior Court shall not exceed the fum of three pounds, and that no cause 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 Assembly.
L. Every county shall keep the public records belonging to the same ; and authenticated copies of the several records, now in the poffession of this State, shall be made out, and deposited in that county to which they belong.
LI. Estates shall not be entailed ; and when a person dies intestate, his or her estate shall be divided, according to the Act of distribution made in the reign of Charles the Second ; unless otherwise altered by any future Act of the legislature. ; ; :
LII. A Register of Probates shall be appointed by the legislature in every county, for proving wills, and granting letters of admigistration.