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
LXV. For treason, murder, and all other offences punishable with death,
there shall be a commission, twice a year at least, granted onto one or
more members of the grand council or colleges, who shall come as
itinerant judges to the several counties, and with the sheriff and four
justices shall hold assizes to judge all such causes; but, upon paying of
fifty pounds sterling to the Lords Proprietors use, there shall be
liberty of appeal to the respective proprietor's court.
LXVI. The grand jury at the several assizes, shall, upon their oaths, and
under their hands and seals, deliver in to the itinerant judges a
presentment of such grievances, misdemeanors, exigences, or defects,
which they think necessary for the public good of the county; which
presentments shall, by the itinerant judges, at the end of their circuit,
be delivered in to the grand council at their next sitting. And
whatsoever therein concerns the execution of laws already made; the
several proprietors courts, in the matters belonging to each of them
respectively, shall take cognizance of it and give such order about it,
as shall be effectual for the due execution of the laws. But whatever
concerns the making of any new law, shall be referred to the several
respective courts to which that matter belongs, and be by them prepared
and brought to the grand council.
LXVII. For terms, there shall be quarterly such a certain number of days,
not exceeding one and twenty at any one time, as the several respective
courts shall appoint. The time for the beginning of the term, in the
precinct-court, shall be the first Monday in January, April, July, and
October; in the county-court, the first Monday in February, May, August,
and November, and in the proprietors courts, the first Monday in March,
June, September, and December.
LXVIII. In the precinct-court no man shall be a jury-man under fifty
acres of freehold. In the county-court, or at the assizes, no man shall
be a grand jury-man under three hundred acres of freehold; and no man
shall be a petty jury-man under two hundred acres of freehold. In the
proprietors courts no man shall be a jury-man under five hundred acres of
freehold.
LXIX. Every jury shall consist of twelve men; and it shall not be
necessary they should all agree, but the verdict shall be according to
the consent of the majority.
LXX. It shall be a base and vile thing to plead for money or reward; nor
shall any one (except he be a near kinsman, not farther off than
cousin-german to the party concerned) be permitted to plead another man's
cause, till, before the judge in open court, he hath taken an oath, that
he doth not plead for money or reward, nor hath nor will receive, nor
directly nor indirectly bargained with the party, whose cause he is going
to plead; for money or any other reward for pleading his cause.
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