The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1863-03-11
COURTS OYER AND TERMINER.


An Act authorizing the Governor to issue commits
sions 10 hold Courts Of Oyer and Tsrminsr, and
for other purposes.
Section /. Be i. enacted by the General
Assembly Of the State 81 North Carolina,
and Il is hereby enacted by the authority
Of the same. That on the petition Of the
County Court Of any county, or on the APP
plicalion of the Attorney General. or the
Solicitor OF any Of the Judicial Circuits, or
for other good cause shown. the Governor
shall issue commissions of Oyer and Termi-
ner to the Judges OF the Superior Courts
Of Law, which Courts of Oyer aud Termi-
ner shall have jurisdiction 10 indict and
try all white persons, slaves and free per-
sons OF color. aud all other persons charged
with capital felonies. crimes and misler
meanors, or any offences against or in The
violation of the statute law Of the State, Or
any violation or offence whatever Of the
criminal Law OF which the Superior Courts
al their regular terms have Jurisdiction |;
and the judges shall be clothed with all
necessary powers for the trial Of any per-
son or persons charged with the violation
OF the criminal laws or the statute law Of
this State, and the presiding Judge shall
and may proceed to try. continue or re-
move indictments. such continuance ar re
moval to. be regulated by the same rules as
govern continnances and removals al the
general terms Of the Superior Courts OF
Law !. the CLERK Of the Superior Gourt Of
Law shall issue subpeuas for witnesses to
attend the sessions OF the Courts Of Over
and ferminer, and the witnesses when
sums sned, shall attend under the same
rules. forfeitures and penalties. and with
the same privileges as il the term were a
regular term And the Judge appoiated TO
hold the Court Of Oyer and Termaner in
The county for which application is made.
shall fix the time for holding The same. and
shall forthwith notify the Sheriff OF the
county Of such time appointed for holding
such Court; and the officers prosecuting
for the State attending such Court. shall
be entitled TO receive the same Fees and
compensation as for attending regular
term of the Superior Court.
Sec. 2. Be d further enacted, That the
said Courts shall be held al the court houses
ot the different counties. or at the same
places At which the general terms of the
Saperior Courts are held.
Sec. 3. Be it further enacted, That the
Clerk Of the County Court aud Sheriff. as
sisted by three Justices Of the Peace. shall,
in the same mode in which persons are
drawn for the regular terms, draw a jury
of thirty sir persons, who shall be summos-
ed BY the Sheriff. from which shall be made
. grand jury and petit jury; aud the Judge
shall have power to order a special Uesire.
Dec. 4. BE il further enacted. That when
any person or persons are confined IN any
Jail. other than the jail Of the county 10
which they reside. and there can be no trial
OF such persons in their own county on ac-
count Of the presence of the enelay, the
person or persons SO confined, shall be til.
ed 10 the county 10 which they are coufn.
ed. for any offence against the Grim nal
law, or the statute Law Of this State, Of
which the Superior Courts have jurisdic-
ton.
Sec. 5. Be il further enacted, That this
&C, sh.lI be in force from and after its rati-
tieatIoa.
Read three times, and ratified ia General Assem-.
81, the Til day Of Fsbrusry. A. ID. 1858.
r. 5. DONNELL. s. H. c.
GILES MEBANE. 81