Copies of entries in Sher.'s books. required, &c. 1856, XII, 550. 1 McM., 255. SEC. 26. A copy of any entry in the official books of any Sheriff, Ten days' notice certified to by the oath of such Sheriff, before the Clerk of the Court of Common Pleas and General Sessions, under the seal of said Court, shall be received as competent evidence by any of the Courts of this State, except in causes tried in the County where the said books are kept: Provided, That ten days' notice, in writing, of intention to offer such copy be first given to the opposite party, his attorney or solicitor. Devise of real estate. SEC. 27. No device of real estate shall be admitted as evidence 1858. XII, 701, ¿ in any cause until after probate before the Judge of Probate, either 3; 1865, XIII, in common form, or in due form of law. 312, § 3. Copies of grants and plats issued 1731, III, 303, ? 2 McC., 270; 1 534; Harper, 221; 2 Bail., 296, 591 2 Hill, 525; 2 MeM., 66; Spears, 15. SEC. 28. It shall be lawful, in every Court of this State, for any by this State or party, plaintiff or defendant, to produce in evidence a copy, certified North Carolina. by the Secretary of State, of any grant and plat of land issued under 30; 1903, V, 459, the authority of this State, or certified copies of grants, under the MCC, 177, 273, authority of the State of North Carolina: Provided, That the person or persons so applying to produce an office copy of a grant i in evidence swear that the original grant is lost, destroyed, or out of his, her or their power to produce, and that he, she or they have not destroyed, mislaid, or in any way willingly, previous to that time, put it out of his, her or their power to produce the same, with an intention to produce an office copy of the same in evidence: And provided, also, That nothing herein contained shall be construed to deprive any party in possession of the original grant of any advantage he would have had or derived from possessing the same, in case this Section had never been passed. Copies of deeds. Rich., 367; 11 SEC. 29. A copy of any deed of conveyance of real estate, certi1813, X1, 255. 9 fied by the Register of Mesne Conveyances of the County where the same may be recorded, may be produced in evidence in every Court of this State for any party, plaintiff or defendant, in like manner, and subject to the same rules, as are provided by the foregoing Section in relation to grants and plats: Provided, That the party intending to offer in evidence such office copy shall give at least thirty days' notice thereof to the opposite party or his Attestations un der seal of chief rate cities, &c., of foreign &c.; foreign instruments, &c. 1731, III, 285, attorney. SEC. 30. All exemplifications of records, and all deeds and bonds, officer of corpo- or other specialties, all letters of attorney, procuration or other States, powers in writing, and all testimonials, which shall at any time hereafter be produced in any of the Courts of this State, and shall be attested to have been proved, upon oath, under the corporation seal of any Mayor or chief officer of any city, borough or town corporate in any foreign State, or under the hand of the Governor, and public seal of any State in America, or under the notarial seal of any Notary Public, shall be deemed and adjudged good and 40; 1724, VII, 555. 176,739. 2 Bay, sufficient in law, in any of the Courts of judicature in this State, as if the witnesses to such deeds were produced and proved the same vira voce, except as hereinafter provided. use of copies of instru foreign ments. Code of Proce dure, 441. SEC. 31. No testimonial, probate, certificate, or other instrument Restriction upon under the seal of any foreign Court of law, Notary Public, or other Magistrate or person qualified and empowered to give the same, 1787, V, 45, § 3. shall be received in the Courts of this State as evidence of any debt due, or demand owing by any person or persons resident within the limits of this State: Provided, nevertheless, That if it shall appear to the Court that the testimonials, probates, certificates, or other instrument of writing for the purposes aforesaid, which have been, or shall be hereafter, issued from any of the Courts of this State, or by any of the officers thereof authorized and empowered to give the same, are received and allowed as evidence in the Courts of such foreign country. SEC. 32. Books of original entry kept by farmers and planters relating to the transactions of their farms or plantations shall be receivable in evidence in all trials in which the business or transactions of their farms or plantations shall be called in question, as between the farmer or planter and his employees, in the same manner as books of merchants and shop-keepers are. Rich., 257; 3 Rich., 353, 369; Bil. Eq., 226; 2 II:ll Ch., 158. SEC. 33. The books of accounts of tavern-keepers, shop-keepers or retailers of spirituous liquors shall not be admitted, allowed or received as evidence in any Court having a right to try the same, of any debt contracted, or moneys due, for 'spirituous liquors sold in less quantity than a quart. Certain Testimony in Criminal Cases. SEC. 34. In the trial of all criminal cases the defendant shall be allowed to testify, (if he desires to do so, and not otherwise,) as to the facts and circumstances of the case. SEC. 35. No person shall be required to answer any question tending to criminate himself; nor shall husband or wife be required to disclose any communication made to each other during their Coverture. Farmers' and to be receivable Planters' books in evidence. 1865, XIII, 307; 10; 2 N. & M.C., Cheves, 149; 1721. VII, 168. ¿ 471; 4 MeC., 76; McM., 134, 306; 2 Spears, 384; 10 Account bocks prove del ts for not admissible to liquors, &c. 1827, VI, 318. Defendants may testify in criminal cases. 1866, XIII, 378, 22. Not required to selves, &c.; hus criminate them band and wife. Ib., 23. Testimony not to be used SEC. 36. Testimony given under the provisions of Sections 17, 34 and 35 of this Chapter shall not be afterwards used against the other cases. person testifying in any other case, civil or criminal, except upon an indictment for perjury, founded on that testimony. Ib. 111 To be appointed County Board, Cmmissioner to SECTION 1. That there shall be appointed by the Governor, and hr Governor; confirmed by the Senate, one officer for each County in the State, to how constituted; be named and designated a Jury Commissioner, who, with the County hold office two Auditor and Chairman of the Board of County Commissioners, shall constitute a Board of Jury Commissioners for the County. Said Jury Commissioner shall hold his office for two years, unless sooner removed by the Governor. years. 1871, XIV, 690, 24. SEC. 2. The Jury Commissioners, appointed by the Governor, shall receive for their services three dollars per day for every day's actual service, in performing the duties imposed by this Chapter such number of days not to exceed the number of days the Court for such County shall be in session, together with five days to complete the list and draw the jurors, to be paid out of the Treasury for their respective Counties. prepare, each year, lists of qualified jurors. Ib., SEC. 3. The Board of Jury Commissioners of each County shall County Board to once in every year, during the month of January, prepare a list of such inhabitants of their respective Counties, not absolutely exempt, 1, 690, 5. as they may think well qualified to serve as jurors, being persons of good moral character, of sound judgment, and free from all legal exceptions, which list shall include not less than one from every twenty voters, nor more than one from every ten voters, of their respective Counties. SEC. 4. Of the list so prepared, the Board of Jury Commissioners shall cause the names to be written, each one on a separate paper or ballot, and shall fold up said pieces of paper or ballots so as to resemble each other as much as possible, and so the name written thereon shall not be visible on the outside, and shall place them in a box, to be furnished them by the County Commissioners of their County for that purpose, and by said Board of Jury Commissioners to be kept. Names to be on separate ballets and placed in jury box. Ib., 691, 6. Jury Commis fraud; punishaprisonment. sioners guilty of ble by fine or im SEC. 5. If the Board of Jury Commissioners shall be guilty of fraud, either by practicing on the jury box previously to a draft, or in drawing a juror, or in returning into the jury box the name of any juror which had been lawfully drawn out, and drawing or sub- Ib., 691, 31. stituting another in his stead, or in any other way in the drawing of jurors, he shall be punished by a fine not exceeding five hundred dollars, or be imprisoned not exceeding two years in the State Penitentiary. Qualifications of Jurors. liable. SEC. 6. That all persons who are qualified to vote in the choice Qualified voters of Representatives in the General Assembly shall be liable to be drawn and serve as jurors, except as hereafter provided. Ib., 690, 1. Persons exempt jurors. from serving as Ib.. § 2; 1832, ¿ 22, &c. SEC. 7. The following persons shall be exempt from serving as jurors, to wit: The Governor, Lieutenant Governor, Attorney General, Comptroller General, State Auditor, State Treasurer, Secretary vIII, 380, § 1; of State, Superintendent of Education, Commissioner of Agricul- 1836. VIII, 47, tural Statistics, members and officers of the Senate and House of Representatives during the sessions of the General Assembly, members of the Senate and House of Representatives of the United States, Judges and Justices of any Court, County Commissioners, County Auditors and Treasurers, Clerks of Courts, Registers of Mesne Conveyances, Sheriffs and their Deputies, Coroners, Constables, the Marshals of the United States and their Deputies, and all other officers of the United States, counsellors and attorneys at law, No person liable to be more than once each year. Proviso. Ib., 3. ordained ministers of the Gospel, officers of colleges, preceptors and teachers of academies, practicing physicians, and surgeons regularly licensed, cashiers and tellers of incorporated banks, editors of newspapers, constant ferrymen, millers carrying on that business at the time, and all men actually employed as such, persons who are more than sixty-five years old; and the following officers and employees of railroads: the Chief Engineer, Assistant Engineers, Commissioner or Superintending officer, Secretary and Auditor or Treasurer of Directors, keepers of depositories, guards stationed on road to protect it from injury, not exceeding one man to every five miles, and such persons as may be actually employed in working locomo tive engines, traveling with cars for the purpose of attending to the transportation of passengers and goods, not exceeding one engineer and assistant to each steam engine, and one person to each passenger car and to every five cars for transporting goods, while such persons are actually employed. SEC. 8. No person shall be liable to be drawn and serve as a drawn juror in any Court oftener than once in every year; but he shall not be so exempt, unless he actually attends and serves as a juror in pursuance of the draft: Provided, No person shall be exempt from serving on a jury in any other Court in consequence of his having served before a Trial Justice. Persons guilty of drs wn. SEC. 9. If any person whose name is placed in the jury box is crime not to be convicted of any scandalous crime, or is guilty of any gross immorality, his name shall be withdrawn therefrom by the Board of Jury Commissioners, and he shall not be returned as a juror. Ib., 691, 7. Clerk of Court; to summon Juiors. Venires. SEC. 10. That the Clerk of the Court of Common Pleas in each when and how County, at least fifteen days before the commencement of any regular term of the Court of General Sessions for the County, and ten days before any special session requiring a jury, and in the County of Charleston like periods before the first of each alternate week of the Court of Common Pleas, and at such other times as the respective Courts may order, shall issue writs of venire facias for jurors, and shall therein require the attendance of jurors on the first day of the term, and for the Court of Common Pleas for the County of 1b.. $ 8. 2Spear, Charleston on the first and each alternate week thereafter, and such other days as the Courts may order. The petit jurors returned for the Court of General Sessions for Charleston County shall serve for the term, and the jurors returned for the Court of Common Pleas for two weeks; the jurors for the Court of General Sessions for all other Counties shall serve for the term, and for the term of the Court of Common Pleas immediately following. Jurors to serve for what time. 211; 1 Rich., 189; 3 Strob., 33. |