An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1Hewatt, Alexander
History
An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1
Hewatt, Alexander
Georgia -- History -- Colonial period, ca. 1600-1775; South Carolina -- History -- Colonial period, ca. 1600-1775
LIX. The eldest of the Lords Proprietors, who shall be personally in
CAROLINA, shall of course be the Palatine's deputy, and if no proprietor
be in CAROLINA, he shall chuse his deputy out of the heirs apparent of
any of the proprietors, if any such be there; and if there be no heir
apparent of any of the Lords Proprietors above one and twenty years old
in CAROLINA, then he shall chuse for deputy any one of the landgraves of
the grand council; and till he have by deputation under hand and seal
chosen any one of the forementioned heirs apparent or landgraves to be
his deputy, the eldest man of the landgraves, and, for want of a
landgrave, the eldest man of the cassiques, who shall be personally in
CAROLINA, shall of course be his deputy.
LX. Each proprietor's deputy shall be always one of his own six
counsellors respectively; and in case any of the proprietors hath not, in
his absence out of CAROLINA, a deputy, commissioned under his hand and
seal, the eldest nobleman of his court shall of course be his deputy.
LXI. In every county there shall be a court, consisting of a sheriff, and
four justices of the county, for every precinct one. The sheriff shall be
an inhabitant of the county, and have at least five hundred acres of
freehold within the said county; and the justices shall be inhabitants,
and have each of them five hundred acres a-piece freehold within the
precinct for which they serve respectively. These five shall be chosen
and commissioned from time to time by the Palatine's court.
LXII. For any personal causes exceeding the value of two hundred pounds
sterling, or in title of land, or in any criminal cause; either party,
upon paying twenty pounds sterling to the Lords Proprietors use, shall
have liberty of appeal from the county-court unto the respective
proprietor's court.
LXIII. In every precinct there shall be a court consisting of a steward
and four justices of the precinct, being inhabitants, and having three
hundred acres of freehold within the said precinct, who shall judge all
criminal causes; except for treason, murder, and any other offences
punishable with death, and except all criminal causes of the nobility;
and shall judge also all civil causes whatsoever; and in all personal
actions not exceeding fifty pounds sterling, without appeal; but where
the cause shall exceed that value, or concern a title of land, and in all
criminal causes; there either party, upon paying five pounds sterling to
the Lords Proprietors use, shall have liberty of appeal to the
county-court.
LXIV. No cause shall be twice tried in any one court, upon any reason or
pretence whatsoever.
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