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zance, and the inquisition, into the superior court, on pain of、 being fined: and he shall commit the felon, if not bailable.

He must execute his office in person, and not by deputy.
For neglecting his duty, he may be indicted and fined.

COUNTERFEITING.

Counterfeiting any of the bills of credit emitted pursuant to the act of 1783, c. 1, printing, writing, engraving, or by any ways and means: or any part, letter, word, name, emblem, or device of the same; or the making or constructing any die, press, type or other instrument for emitting or counterfeiting any of the said bills of credit; or any part, word, letter, name, emblem, or device of the same, except by authority of law (or in case where such may be signed in order to bring suspected persons to justice) or altering or defacing any of the said bills with intention to change the value or denomination thereof is punishable, for the first offence, by standing in the pillory three hours, and having the right ear nailed to the pillory and cut off, and by receiving thirty-nine lashes on the bare back, and by being branded with a red hot iron on the right cheek with the letter C, and on the left cheek with the letter M ; which brand to be at least one inch in length and three-quarters of an inch in breadth; and by being imprisoned at the discretion of the Court, not exceeding one year, and by a forfeiture of all the offender's goods and chattels, lands and tenements, to the state, which he had at the time of the offence committed.

Knowingly to utter or pass any counterfeit likeness of any of the said bills, is punishable, for the first offence, by standing in the pillory one hour, having one ear cut off, thirtynine lashes on the bare back, imprisonment at the discretion of the court, and a forfeiture of one-half of the offender's property to the use of the state; and upon a second conviction, death without benefit of clergy.

The same penalties are inflicted for counterfeiting any of the comptroller's, auditor's commissioner's, colonel's, or any other certificates issued by public authority; or any part, word, or letter of the same, with intention to defraud and deceive. Also the altering or defacing any such certificates, with intention to change the value or denomination thereof. Also the knowingly passing or offering to pass, or presenting as a voucher, any counterfeit likeness of such certificates.

The same offences against the bills of credit emitted pursuant to acts of 1785, c. 5, as are above enumerated in respect of the currency pursuant to the acts of 1782, c. 1, are capital, or felonies without benefit of clergy, upon the first conviction.

Erasing altering, or counterfeiting any note or notes of the Bank of North-America, is capital, or felony without benefit of clergy.

To counterfeit, or cause to be counterfeited, or willingly to aid in counterfeiting any bill or note of the State Bank of North-Carolina, or any order or check on the said bank, or any cashier thereof, or falsely to alter, or cause to be falsely altered, or willingly to aid in falsely altering any bill or note of said bank; or to pass or attempt to pass, as true, any false, forged, or counterfeited bill or note of said bank, or check or order upon the same, or the cashier thereof, knowing the same to be falsely counterfeited: or falsely to alter any bill or note of said bank, or order, or check on the same, or any cashier thereof, knowing the same to be falsely altered with intention to defraud the said corporation or any other body politic or person, is felony and the offender therein, upon conviction, shall be imprisoned and kept to hard labour for a period not less than three years, nor more than ten,-or shall be imprisoned not exceeding ten years, and fined not exceeding $5000. Acts 1811, c. 1.

If any person shall, knowingly, by means of any counterfeit paper, in writing or in print, or by any false token or pretence whatsoever, obtain from any person or persons or corporation within this state, any money, goods, property, or other thing of value, or any bank note, check, or order for the payment of money issued by or drawn on any bank or other society or corporation within this state, or any of the United States; or any treasury warrant, debenture, certificate of stock, or other public security; or any order, bill of exchange, bond, promissory note, or other obligation, either for the payment of money or the delivery of specific articles, with intent to cheat or defraud any person or corporation of the same, such offender shall be held guilty of fraud and deceit, and being thereof convicted in any court of competent jurisdiction, shall be punished by fine, and imprisonment not exceeding twelve months, putting into the pillory, public whipping not exceeding thirty-nine lashes on his or her bare back, all or any of them at the discretion of the court, due regard being had to the nature and circumstances of the offence.

For COUNTERFEITING COIN, &c.-See Coin.

COUNTY TREASURER OF PUBLIC BUILDINGS.

69

COUNTY COURTS.

The justices or any three of them, in the county court, have jurisdiction over all causes whatsoever, at the common law, within their respective counties; [perjury and such felony and criminal causes, where the judgment, upon conviction, is for the loss of life, limb, or member, excepted ;] and of all indictments for assaults, batteries, and petit larcenies, breaches of the peace, and other misdemeanors of what kind soever of an inferior nature: of all actions of detinue, trover, and on penal statutes. Suits for filial portions, legacies, and distributive shares of intestates' estates, and all other matters relating thereto; and the probate of all wills, and granting administrations upon the estates of all persons residing at the time of death in their county, or having a fixed place of residence therein. But no suit for any sum under thirty pounds shall be returned in the first instance, into the county court, or any other court. This court may be continued by adjournmert, if necessary, for six days.

Should any sheriff, clerk, entry-taker, or ranger be permitted to officiate as such, without having first qualified and given bond as the law requires, the justices who shall sit on the bench, or are in the court at the time of the appointment, shall be considered bound as the securities of such officer, in the same manner as though they had entered into bond for that purpose. Acts 1809, c. 19.

Where certioraries are directed to the county courts, the clerk of the court is required to take security in the same manner and under the same regulations, that security is taken on appeals from the county to the superior court.

COUNTY TREASURER OF PUBLIC BUILDINGS.

The county treasurer of public buildings shall be appointed annually by the court at the same term the sheriff is appointed. And at the same term annually, he shall settle his accounts with the court; setting forth therein the monies received, and at what time; the sums expended, to whom, for what use, and at what time-and on failure to do so, his successor, giving ten days previous notice, shall enter up judgment in the county court, and have execution awarded for all sums of money he has received as treasurer of public buildings, with interest

from the day of receiving them. Also where a balance appears upon settlement, the same proceeding shall be had for

that.

COUNTY TRUSTEE.

The court shall appoint one county trustee, annually, at the court to be held next after the first day of July. He shall give bond with sufficient sureties, for the faithful discharge of his duty. And in case of vacancy, the court may appoint another until the next annual appointment, under the same rules.

He shall sue for, recover, and receive from all persons all monies in their hands due and payable for the use of the county; and shall receive from the sheriff or collectors all monies they are liable for; and shall apply the same as the court shall direct. He shall account and settle with the court annually, at the term next after the first day of June, for the whole of his receipts and expenditures, under the penalty of 200% He shall collect all stray money, and sue for the same if not paid, and shall have six per cent. thereupon.

He shall settle with the sheriff or collectors according to number, beginning at the least number. And where there is no trustee, the court shall settle with them in like manner.

He shall annually call on the sheriff of his county, for the payment of all monies in the hands of said sheriff that may be due to him; and if the sheriff fail to account for and pay the same, it shall be the duty of the trustee, at the first court of his county after the first day of February in each and every year, to move for judgment against such sheriff, after giving ten days previous notice; and the court shall thereupon award immediate execution for the amount of the tax list furnished the sheriff, or for such part as shall appear to be due; and such sheriff shall, over and above his arrearages, forfeit and pay fifty pounds, to be applied to the use of the county. And if the trustee shall fail to comply with the requisites of this act, he shall not only be liable for the monies in his possession, but shall be subject to the penalty of fifty pounds,-onehalf to the informer and the other half to the use of the county. Acts 1808, c. 21.

All fines, forfeitures, amercements, and tax fees, on suits and attornies licences, as well in the superior as the county courts, shall be accounted for and paid to the county trustees, for the purpose of defraying the costs of state prosecutions and the contingent expense of the county.Acts 1809, c. 11.

And it is the duty of the sheriffs to settle with the county trustee, for the taxes on unlisted property, under the same rules as they are bound to settle with the comptroller.-Acts 1811, c. 20.

The court may allow him a reasonable salary out of the county monies.

CRIMINALS.

According to an act of Asssembly passed in 1715, no person shall be committed to jail for any criminal offence, until he shall be examined before some magistrate, who, if the party shall be bailable, shall admit him to bail, and shall record the examination of the party with the full matter in evidence, both for and against him, with all concurring circumstances, and shall bind over the informer, in recognizance with good security, to appear and prosecute; and also bind over the witnesses to give evidence to the next superior court to be held for the district.

The record of the proceedings must also be returned to such court, under penalty of five pounds, for every neglect.

If a witness refuses to answer, on oath, or to enter into recognizance, he may be committed, or bound to good beha

viour.

Witnesses for the prisoner are to be summoned, at his request, by the sheriff, by subpoenas issuing from the clerk of the court where he is to be tried.

In all trials for capital offences, prisoners may have counsel, and where they have not, the court is of counsel for them.

See Bail and Commitment.

DEBT AND DEBTOR.

All debts and demands of thirty pounds and under, for a balance due on any specialty, contract, note, or agreement, or for goods, wares, and merchandize sold and delivered, or for work or labour done, or for specific articles, whether due by obligation, note, or assumpsit, or for any judgment which may have been granted over twelve months, by a single justice of the peace, and no execution having issued thereon, or for any forfeiture or penalty incurred by virtue of any act of the General Assembly, are hereby declared to be cognizable

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