The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-10-31
AN ORDINANCE

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g other purposes -
. Be it ordained by the delegates Of the people
of North Carolina, in Convention now assembled,
and it is hereby ordained, That the persons APP
pointed by the Provisional eGoyernor, judges Of
the Courts of Oyer and Terminer, are hereby
invested with power to exercise severally at
their chambers, all such powers and authorities
as by the laws of the State are conferred on the
Judges of the Superior Courts of law and equi-
ty at chambers, and may Issue Writs OF injunc-
ton, sequestration, ne Great and cdpias, under
the rules and regulations prescribed in chapter
thirty.two OF. the Revised Code, for the purpose
Of ,1nute eing and securing against loss or dam
age the owner of any kind of estate, real, per-
sonal or mixed, or the creditor of any person
whatever; aud to this end may make all neces-
sary rules, orders, and DEGREES; for disobedicnce
whereof the party offending may be attached
for contempt. .... z-<..s. 7.ze
BE it further ordained, That said Judges
! may depute any person to execute the process
issued by them, and may appoint clerk when
necessary. They may prescribe, in each ease,
the time within which the process issued by
them shall be served and the defendant shall
appear.
BE it further ordained, That when any de-
feutant shall be enjoined or restrained, unless
Ril enter into bond with ample security payable
to the plaintiff in double the amount Of the
sworn value of the property, conditioned that if
! said property or any part thereof should be the
property Of the plaintiff, the defendant will pay
40 the plaintiff the value thereof with twenty
five per cont. added thereto and interest on the
amount and all the costs incurred by him, the
property may in the discretion of the Court, be
! delivered to said defendant, and the bond to
! tile plaintiff, who may bring suit thereon: Pro-
vided, always, if the defendant should not APP
pear and execute such bond, it shall neverthe
less be in the power of the Court to make all
necessary DEGREES, rules and' orders for preserv
ing the property, Or its value for the rightful
party, BY salc and keeping the proceeds or
, otherwise, to abide the final decree
BE it further ordained, That said Judges
may issue process for the arrest of persons viola
ting tie criminal law, and may grant writs of
hoJeas corpus and take bail; and the recogni-
they may also take aud certify the probate Of
deeds and the privy examinations of yfemes co.,
ert in the ner prescribed by law.
BE it further ordained, That the General
Assembly shall make suitable compensation to
said Judges for the services which they may
render under this ordinance, and all such per-
sons as may be employed 10y them in the dis
charge of the duties hereby imposed on them
BE it further ordained Tha: SO soon as the
Superior Courts shall be restored the duties
herein prescribed for the Judges aforesaid shall
cease and the eases before them shall be trans
ferred by them into the Courts of Equity of the
proper Counties, and the latter Courts shall pro.
coed with them as if tie said proceedings had
been authorized and had been begun in said
Courts.
Ratified in Convention, this eighteenth day
OF October, in the year of our Lord one thou.
sand eight hundred and sixty five
EDWIN G. READE, President
JAS. II. Moore, Sec'y of the Convention.