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“ O yes! A yes ! O yes! All manner of persons that have appeared here this day, and who have any further business in this Honorable Superior Court, let them depart hence, and give their attendance at o'clock to-morrow, and they shall be heard. God save the State and this Honorable Court !"
OPENING COURT, SECOND DAY.
When the Court sits on the next day, the Clerk shall cause the Crier to make Proclamation thus :
“O yes! () yes ! O yes! All manner of persons who are adjourned over to this day, and have any thing here to do before this Honorable Court holden for the County of let them give their attendance, and they shall be heard ; for this Honorable Court is now sitting for the despatch of business. God save the State and this Honorable Court."
When the Court see cause, the Grand Jury will be sent for; or, when the Grand Jury, of their own accord, appear, the Clerk shall call them by their names, and then ask them if they have agreed to find any bills of Indictment, or Presentments ? If they say yes, the Clerk shall bid them to present them to the Court, and add, “You consent that the Court may amend matters of form, not changing any matter of substance.” Then the Clerk, out of respect to them, shall require the Constables to make way for the gentlemen of the Grand Jury,
ARRAIGNING A PRISONER.
When a prisoner is about to be arraigned, the Clerk shall direct the Crier to make Proclamation;
“ O yes! O yes! O yes ! This Honorable Court doth strictly charge and command all persons to keep silence, for now they will proceed to the pleas of the State and the arraignment of the Prisoner upon life and death. And all persons, that are bound by recognizance to give evidence against the prisoner at the Bar, draw near and give your evidence upon pain of forfeiting your recognizances."
The Clerk will then command the Prisoner at the Bar in the following manner:
“A B hold up your right hand,” and then direct him to put it down, and will say unto him as follows:
" You stand here indicted by the name of A B, of, &c., &c. [and so read the indictment;] and then ask him—“What say you? Are you guilty of this felony whereof you stand indicted, or not guilty ?" If he says not guilty, the Clerk shall ask him, " How will you be tried ?: If he says, by God and the Country the Clerk shall then say, “God send you a good deliverance.' And the Clerk shall then enter his plea on the Docket.
If the prisoner, upon his arraignment, shall confess his guilt, the Clerk shall enter it on his Docket, and then the prisoner
is sent to be remanded to Jail, till the time of Judgment.
If the prisoner, upon his arraignment, will not confess the felony whereof he stands indicted, nor plead not guilty thereunto, but stands mute, or otherwise will plead such matter as shall be no direct answer to the offence : In these cases, he shall be put to his penance for contemning the Law, and refusing the ordinary trial devised by the law; and the Clerk shall enter on the Docket, “ Stat Mutus ;" and he shall be set by, till Judgment be given, unless he will plead, in the meantime, guilty, or else put himself upon
his country. When the prisoner pleads himself not guilty, and puts himself upon his country, the Clerk calls the Jury thus :
“You good men, that are called to try the issue joined between the State and the Prisoner at the Bar, answer to your names, upon pain and peril that shall fall thereon.”
When the Jurors have appeared, their names are written upon a panel, and the Clerk puts them into a box or hat, and a boy, under ten years of age [to be procured by the Sheriff,] draws them out, one at a time. Previous to this, however, the Clerk thus admonishes the prisoner at the Bar:
" These good men, that you shall now hear called, are to pass between the State and you, upon your life and death; if, therefore you will challenge them, or any of them, you must challenge them as they come to the book to be sworn before they are sworn, and
you shall be heard." Then the Clerk calls the Jury to be sworn, every man sever, ally, and also calls the prisoner at the Bar, and bids him hold up his right hand; and then says to each Juryman, when called to the book to be sworn, and before he is sworn as follows:
“ Juror, look on the prisoner: Prisoner, look on the Juror. Do you
like him?" If the prisoner says-yes; the Clerk then administers to the Juror the following Oath :
“ You shall well and truly try and true deliverance make, between the State and the prisoner at the Bar, whom you have in charge, and a true verdict give according to your evidence : 80 help you God.”
When all are sworn, then shall the Clerk say, count;" and then he calls every one of the Jury over by name, and the Crier counts them. That being done, the Clerk must ask them if they be all sworn. If they say-yes ; then he must call to the prisoner and bid him hold up his right hand, and then say to the Jury :
“ Look upon the prisoner, you that have been sworn, and hearken to his cause. You shall understand, that he stands indicted by the name of A B, &c., [as in the Indictment,] for that he," &c., [and so the Clerk reads the Indictment.]
That being done, the Clerk shall then say:
his arraignment, he hath pleaded not guilty, and for his trial he bath put himself upon God and his Country, which country
So that your charge is, to enquire whether he be guilty of this felony whereof he stands indicted, or not. If you Pind him guilty, you shall say so, and if you find him not guilty, you shall say so, and no more. Sit together and hear your evidence.”
The Witnesses for the State shall be sworn in the following manner :
“The evidence that you, and each of you, shall give to the Honorable Court and Jury against A B, the prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth : so help you God!".
The witnesses on behalf of the prisoner, shall be sworn in the following manner :
“ The evidence that you, and each of you, shall give to the Honorable Court and Jury, in this issue of traverse, the State against A B, the prisoner at the Bar, shall be the truth, the whole truth, and nothing but the truth : so help you God !” After the Jury have heard their evidence and the Judge has
the same to them, the Clerk shall swear a Constable in this manner:
“ You shall well and truly keep together every person sworn of this Jury, in some convenient place, without meat and drink, (water excepted) or fire : You shall not suffer any person to
speak to them, neither shall you yourself, until such time as they be agreed of their verdict, unless it be to ask them if they be agreed of their verdict : so help you God !”
Then the Constable attends the Jury to some convenient place, where they may consult of their verdict, and continues at the door till they be all agreed.
When they have agreed on their verdict, they return to the Court; and then the Clerk calls them by their names and asks them if they be agreed of their verdict? If they say yes, he asks them “ Who shall
you?” They say “the Foreman.” Then the Clerk calls the prisoner to the Bar, and bids him hold up his right hand. Then the Clerk says to the Jury:
“Look upon the prisoner, you that have been sworn, what say you—Is he guilty of the felony whereof he stands indicted, or not guilty ?”
The Jury will then give their verdict.
When the Clerk has entered the verdict, he must say to the Jury:
“Gentlemen of the Jury, hearken to your verdict, as the Court has recorded it." And then he reads it to them in this
“You say, that A B is guilty of the felony and murder, [as the case may be] whereof he stands indicted. So
When the Judge is ready to give Judgment, the prisoner is brought to the Bar, and the Clerk saith unto him:
“Ă B, you may remember that, before this, you have been indicted for this felony, by you done and committed; you have been arraigned, and pleaded not guilty, and for your trial you have put yourself upon God and your Country; which country have found you guiltyWhat can you say for yourself, why, according to the verdict passed against you, you should not have judgment to die? What say you, A B?"
Then if he prays his Clergy, the Clerk must enter it upon the Docket, and then the prisoner is burned in the hand according to the sentence of the Court. If the prisoner does not plead the benefit of Clergy, he must be executed.
say you all.”
NOTE.-The foregoing form, for the Opening, &c., of the Superior Court, applies, also, to the County Court, by substituting
the words “Worshipful County Court,” for those of " Honorable Superior Court of Law and Equity."
CLERKS' AND SHERIFFS' FEES, &c.
AN ACT, fixing the fees of the Clerks of the County and Su
perior Courts, and Sheriffs' fees-passed at the session of 1830-31:
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 from and after the passing of this Act, the Clerks of the several County Courts in this State shall receive the following fees, and no other, viz:
For every leading process returned to the first Court, including all services, together with dismission or final judgment, where either happens at the return Court, one dollar.
For every indictment, sixty cents.
For every judgment entered after the return Court, seventyfive cents.
For every subpena, provided the party insert no more than four witnesses in the same, fifteen cents.
For every execution or order of sale, thirty-five cents.
For every scire facias, (provided nothing herein contained shall be construed to repeal any part of the act of one thousand eight hundred and twenty-eight, allowing half fees in cases of scire facias, sixty cents.
For every copy of record, five cents for each copy sheet of ninety words, not exceeding five copy sheets; and three cents for each copy sheet after five : Provided, that the total amount of fees charged for any one record shall not exceed five dollars. For
every order or rule foreign to the cause, with a copy of the same, if required, twenty cents. For
copy of a will, five cents for each copy sheet of ninety words, not exceeding five copy sheets; and three cents for each copy sheet after five : Provided, that the total amount of fees charged for the copy of any will, shall in no case exceed five dollars.
For proving and recording at length, in bound books kept for that purpose, and filing an inventory, accout of sales or