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 say for 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 manner: "You say, that A B is guilty of the felony and murder, [as the case may be] whereof he stands indicted. So say you all."

When the Judge is ready to give Judgment, the prisoner is brought to the Bar, and the Clerk saith unto him:

"A 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 guilty, What 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.

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 Superior 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 each recognizance, twenty cents.

For every reference or continuance of any cause, thirty cents. For every judgment entered after the return Court, seventy

five cents.

For every subpœna, 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 account current, exhibited by an executor, administrator or guardian, or for search and certificate of the amount thereof, if the estate be under two hundred dollars, the Clerk shall be entitled to receive for his fee twenty cents; if above two hundred dollars and under one thousand, forty cents; if above one thousand, seventy-five cents, and no more.

For entering on the minutes the probate of wills, qualifying executors, making certificates, and recording the will in a bound book kept fo r that purpose, eighty cents.

For granting administration, taking bond and all other services thereon, eighty cents.

For every marriage license and bond, seventy-five cents.
For every search of record out of Court, ten cents.

For proving or entering the acknowledgment of the conveyance of lands or other estate, and certifying the same, with order of registration and examination of a feme covert without commission, twenty cents.

For proving or taking the acknowledgment of a deed or power of attorney, and certifying the same, including order of registration, twenty cents.

For every commission to examine a feme covert, twenty-five cents.

For every commission to take testimony, twenty-five cents. For every guardian or other bond taken in Court, sixty cents. For every indenture for binding apprentices, sixty cents.

For every special verdict, or demurrer, or motion in arrest of

judgment, thirty cents.

For every writ of error or appeal, with a transcript of record, one dollar.

For every certificate of witnesses' or jurors' attendance, ten cents.

For affixing the seal of office and writing the necessary certificate on any instrument of writing requiring the same, twenty-five cents.

For every certificate without the seal of office, and when the same is not otherwise directed to be paid, twenty cents: Provided, that this shall not authorize the Clerk of the Court of Pleas and Quarter Sessions for Craven county to charge any fee for a certificate given according to the provisions of an act to regulate the finances of Craven county, passed A. D. one thousand eight hundred and twenty-eight.

C

For recording a mark or brand, and giving a certificate thereof, ten cents.

For issuing warrant on entry of land, by order of court, forty cents.

For enrolling divisions of estates, for each lot, twenty cents. For taking and recording every prosecution bond, forty cents. For every certificate of tavern license and bond, with copy

of rates, one dollar.

For taking an account, such sum as the court may allow, not exceeding fifty dollars.

For every subpœna founded on petition, fifty cents.

For every petition, by the copy sheet, ten cents.

For every writ, other than leading process or subpœna and

testificandum, seventy-five cents.

For every order of Court, authorising the sheriff to issue a

license to retailers, eighty cents.

For correcting an error in patent, forty cents.

For recording Processioner's certificate, twenty cents.
For every search of Entry Taker's books, ten cents.

For every copy of location from Entry Taker's books, ten cents.
For docketing constables' levies, including all services in

court, one dollar.

For filing schedule bond, and all other services in court, without trial by jury, one dollar.

For trial of issue on schedule bond, seventy-five cents; ents; and the creditor at whose instance the issue is made up, shall be bound to pay the taxed costs of the issue, if the defendant be discharged by the court.

For declaration of a foreigner wishing naturalization, copy and seal, one dollar and fifty cents.

For final entry of naturalization, copy of the same, and seal, one dollar and fifty cents.

For docketing appeals and entry of plea or default, eighty cents.

For every guardian notice for renewal of bonds or settlement of accounts, sixty cents.

II. Be it further enacted, That the Clerks of the Superior Courts of Law in this State shall, for like services, receive the same fees as are by this act allowed the Clerks of the County Courts, and no other.

III. Be it further enacted, That any Clerk, who shall fail or neglect to record, in a well bound book or books kept for that purpose, all last wills and testaments, inventories and accounts of sales, and accounts current of executors, administrators and guardians, within six months from the time of their probate, shall be liable to an indictment in any court of record within the county wherein he held the office of Clerk; and upon conviction, shall be fined at the discretion of the court.

IV. Be it further enacted, That at each term of the County Courts in this State, which shall be held after the first day of May in each year, it shall be the duty of the Justices present to appoint two or more of their body to examine and ascertain if all the wills and testaments, inventories and accounts of sales, and accounts current of executors, administrators and guardians, which have been admitted to probate within the preceding year, have been duly recorded, and report to their next court; and in case any failure shall be discovered, it shall be the duty of the county attorney, at the succeeding court, to institute a prosecution against the Clerk.

V. Be it further enacted, That whenever a court shall make an order of sale of lands levied on by a constable or other officer, in pursuance of an execution issued by a Justice of the Peace, no attorney's fee shall be taxed, nor any other fees for Clerks or Sheriffs, than those prescribed by this act.

VI. Be it further enacted, That no Clerk of any County or Superior Court shall be entitled to charge any fee for any capias ad respondendum, issued during term time, returnable instanter, unless such capias be executed.

VII. Be it further enacted, That in all State cases, where there shall be a nolle prosequi entered, or the defendant shall be acquitted or convicted, or unable to pay costs, and the Court shall not order the prosecutor to pay the costs, the counties shall pay the Clerks and Sheriffs half the fees allowed by this act, except in capital or clergyable felonies, or prosecutions for forgery, perjury and conspiracy.

VIII. Be it further enacted, That in all civil suits and indictments, hereafter tried or disposed of, either in the County or Superior Courts, the party or parties cast or convicted, shall pay a tax fee of one dollar; which several sums the respective Clerks shall pay over to the County Trustees within three months after the same shall be received by them: Provided, nevertheless, the plaintiffs in the civil suits shall not be required to pay a tax fee on writs as heretofore: And, provided, further,