state in a full and correct manner the facts given in evidence, and to declare and explain the law arising thereon.

Each juror, for attending on the premises, to pass on a petition for damages against the proprietor of a mill, shall be entitled to eight shillings per day and four pence a mile for travelling to and from the place of trial; an account of which they shall render on oath to the sheriff after making up their verdict to be returned therewith to court.

If a jury eat or drink at all, or have any eatables about them without consent of the court and before verdict, it is fineable; and if they do so at his charge for whom they afterwards find, it will set aside the verdict. Also if they speak with either of the parties or their agents after they have gone from the bar, or if they receive any fresh evidence in private, or if they cast lots for whom they shall find. Any of these circumstances will vitiate the verdict entirely.

In a capital case, a juror may be asked upon his oath, whether he had not said the prisoner was guilty, or would be hanged.

JUSTICES OF THE PEACE.

Justices of the Peace within the respective counties of this state, shall be recommended to the governor for the time being by the representatives in general assembly, and the governor shall commission them accordingly. And the justices when so commissioned, shall hold their offices during good behaviour, and shall not be removed from office by the general assembly, unless for misbehaviour, absence, or inability.Constitution $38.

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Where any justice shall remove himself out of the county, and shall not return within twelve months to reside therein, his appointment shall be void. And if he shall in any manner presume to act in the county for which he was appointed after such removal, unless re-appointed by the general assembly, he shall forfeit fifty pounds for every offence; to be re covered by action of debt and applied one half to the use of the state, the other half to the use of the prosecutor.

Every person appointed a justice, shall qualify within twelve months thereafter; and shall not be permitted to qualify afterwards, unless re-appointed by the general assembly.

No justice being a candidate for the office of sheriff, shall vote or sit on the bench at the election, on pain of forfeiting fifty pounds for 'every offence; to be recovered by action of

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debt, one half to the presecutor and the other half to the couns ty: and his vote shall not be counted..

Also if he is a candidate for the office of county court clerk, register, entry-taker, surveyor, county trustee, or ranger, he shall not be counted, and he shall forfeit as last above mentioned, recoverable in the same manner and to the same uses.

A majority of the acting justices belonging to the county, shall be present at the laying a tax for repairing public buildings, building of bridges, or any other county tax or in making allowances for extra services to the clerk or sheriff, or in allowing any other claims against the county. Five shall be present when orders are made for clearing out inland rivers. and creeks, and for appointing hands and overseers to carry their orders into effect. A majority of the justices of the. court of pleas and quarter-sessions of the county where a vacancy shall be, shall appoint a clerk of the county court to fill such vacancy. Also a majority shall be Also a majority shall be present when any order is made for establishing a fair or fairs. A majority shall be present when a treasurer of public buildings, and commissioners to contract for alterations and repairs, are appointed. And seven when petitions for correcting errors in grants or patents, or in the registration of deeds, are heard.

Also to remit or mitigate fines by them inflicted, seven must be on the bench, and three of the seven must have been present when said fine was inflicted. And in the remission of mitigation of forfeitures on recognizances, five must be pre

sent.

Every person appointed a justice, shall before entering upon and executing the said office, publicly in the courthouse of his county, on a court day, take the oaths for the qualification of public officers, and an oath of office,-which see under Oaths. Otherwise he shall forfeit 1001. (equal to eighty pounds) one half to the state, the other to the prosecutor; recoverable by action of debt in any court of record.

Regularly, justices of the peace ought not to execute their office in their own case, but cause the offender to be convened or carried before some other justice, or desire the aid of some other justice being present. If he sit in judgment in a civil ease upon his own cause, he is liable to be punished for so doing, or the proceedings may be quashed. But in some cases of a criminal nature, he may proceed though the offence be committed against himself. As when he is assaulted, or shall be abused to his face, and no other justice be with him, espe cially if it be in the execution of his office, he may commit the

offender until he find sureties for the peace or good behaviour; but if another justice be present, it is better for him to act.

If a justice is guilty of any error or irregularity, in making or issuing a warrant for a matter or cause in which he has jurisdiction, the constable or other officer must execute it: but if it be for a matter of which he has not jurisdiction, the of ficer must not execute it,-as if he issue his warrant for slander, or the like.

If a justice perceives that he has been deceived or surpri sed into any measure, or that he has acted therein illegally or irregularly, he may issue a supersedeas, and prevent any further proceeding thereon.

In all cases where he is empowered by act of assembly to give judgment upon conviction for a penalty, the party ought to be summoned and, to have notice to appear and defend himself; and if the justice proceeds otherwise, he may be indicted.

If a justice of the peace refuses to proceed in a cause de pending before him, he may be compelled by mandamus from the superior court to proceed therein or if he will not proceed, or evade proceeding, to execute any act of assembly inHicting a penalty which he has cognizance of, especially if such conduct be out of favour to the offender, he may be in dicted.

The justices ought to make a record in all cases of conviction before them, for penalties, where they are empowered to hear and determine out of court, and should write down under their han ́s all matters and proofs; though in many cases they are to keep the record themselves, for at some time or other it may be wanted and sent for by the superior court, or the justice himself may have occasion to produce it, if sued for what he has done in relation thereto.

A justice of the peace may issue his warrant for apprehending persons charged with any crimes or misdemeanors whatsoever, that are indictable in the superior or county court; and if necessary, bind over the offenders to that court where the offence may be tried, and the witnesses : and, also-may take the examination of the offender in writing, and send the

same to court.

A man is indictable for saying to a justice in the execution of his office, that he is a rogue, liar, villain, or the like opprobrious words: or the justice may commit him-Str. 617. L Ray. 1369. Str. 420, 1157. And he may be bound to his good behaviour if he abuses a justice before his face, in relation to his office.

A justice of the peace ought not to be proceeded against harshly nor will he be in any case, even though he acts illegally, if he has acted honestly and candidly, without oppres sion, malice, revenge, or any bad view or ill intention whatsoever. But if he acts illegally for any such purpose, he is then indictable, and his conduct will and ought to be animadverted on with severity.

The power of a justice of the peace is determined by being made sheriff or coroner, or other officer, whose duties are incompatible with the office of a justice.

A justice cannot issue his warrant to break open any man's house, to search for stolen goods or for a felon, upon a bare

surmise.

No court of pleas and quarter sessions shall admit to the bar of such court, as a practising attorney, any person who holds the office of a justice of the peace in said county until the person shall first tender to the court a resignation of his said office, to be by the court transmitted to the competent authority. And if a practising attorney in such court accepts the appointment of a justice of the peace in said county, he shall before he is permitted to qualify, cause to be entered on the records of the said court a resignation of all claims to practise therein as attorney, so long as he shall keep the office aforesaid; and that during the time he may keep the office, he shall not be heard or received as an attorney of said court.

The following appointments are declared to be incompatible with the office of a justice of the peace, viz. clerk and deputy clerk of the court of pleas and quarter sessions, deputy sheriff, constable, county trustee, and jailor. For a violation of this provision the penalty is fifty pounds.

But a justice of the peace is permitted to accept and exercise civil office or appointment of profit or trust, under the authority of the United States, the duties whereof shall be confined to this state.

If any sheriff, clerk, entry-taker, or register shall be permitted to officiate as such, and to discharge any of the duties of their respective appointments, without having first qualified and given bond with security according to law, the justices who sat on the bench or were in court at the time of the ap: pointment, shall be considered bound as the sureties of such officer thus acting and availing himself of such his appointment without having first given bond as aforesaid, in the same de gree as though they had been formally bound; and may be proceeded against as such.

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In all actions at law, wherein it may be necessary to prove a demand upon the drawer of a bill of exchange or the maker of a promissory note or other negotiable security, the protest of a notary public, or for the want of a notary public, of a justice of the peace, shall be evidence of the demand as in cases of foreign bills of exchange.

LANDS.

When a guardian shall have notice of any debt or demand against the estate of his or her ward, on his application the county court shall make an order, specifying what property, either real or personal, may be sold; and such property shall be sold under the same regulations as property sold by execu tors or administrators is or may be by law.

When an execution is in the hands of a constable, in consequence of a judgment from any justice of the peace out of court, against the executors or administrators of a deceased debtor, and they shall deny that they have assets, to satisfy the same, the constable shall levy the execution on the real estate of the deceased debtor, and make return of the proceedings to the next county court; but before the court shall make an order to sell the same, a writ or writs of scire facias shall issue against the heirs and devisees of such deceased debtor, or in case there, be no heirs or devisees, against the president and trustees of the University of North Carolina, under the same regulations and restrictions as in case of judgments in courts, summoning them to appear and show cause why such real estate should not be sold.

Any person or persons owning pocoson or flat lands within this state, and being desirous to drain the same, but is prevented by the proprietor or proprietors of lands adjoining him or them, it shall and may be lawful for such person or persons who are desirous to drain their said pocoson or flat lands, to prefer a petition to the court of the county wherein the said lands are situated, setting forth the particular circumstances of his or her case, situation of their lands, and to what stream or water course he or she would wish to drain the same; whereupon the court shall appoint twelve freeholders in the said county, not attached to either party by consanguinity or affinity, who shall go upon the premises and examine the ground. so petitioned to be drained, and that through which said canal or ditch shall pass, as also whether such canal or ditch shall appear necessary. And further, they shall direct the ditch to