« AnteriorContinuar »
BUSINESS OF THE COURTS.
FORM OF OPENING THE FEDERAL OR DISTRICT
COURT OF THE UNITED STATES.
sc o yes! O yes ! O yes! All manner of persons whomsoever, having business in this Honorable Court, held here this day, for the District of North Carolina, let them come forward, and they shall be heard. God save the United States and this Honorable Court !"
“O yes ! O yes ! O yes! Marshals, Deputy Marshals, and all other Officers of the United States, return the several Precepts to you directed, and all other papers returnable here this day, that the Couit may proceed thereon.”
“O) yes ! O yes! O yes! All you good men, returned here this day as Jurors, answer to your names at the first call, and save your fines.”
After the Grand Jury are sworn in, and the Court ready to deliver its Charge, the following Proclamation must be made :
“ O yes ! O yes! O yes! All inanner of persons are required to keep silence, upon pain of imprisonment, while the Honorable Judge is giving his Charge to the Grand Jury."
BUSINESS OF THE SUPERIOR COURT.
MANNER OF OPENING COURT.
When the Judge arrives in the Court-House, the Sheriff should cause the people or by-standers to clear the way for the Judge to ascend the Bench. The Sheriff should also (if any persons present be so far wanting in the respect so universally paid by all civilized society to their Judicial Officers, as to keep on their hats) take their hats from their heads. When the Judge has seated bimself
on the Bench, the Clerk shall immediately cause the following Proclamation to be made three times, by the Crier of the Court:
“O yes! O yes! O yes! All manner of persons that will sue or complain, or have any thing to do in this Honorable Superior Court of Law and Equity, opened and held here this day, for the County of draw near and give your atten. dance, and you shall be heard ; for this Honorable Court is now sitting for the despatch of business. God save the State and this Honorable Court."
Then the Clerk shall cause another Proclamation to be made, as follows:
“O yes! O yes ! O yes! All Justices of the Peace, Sheriffs, Coroners, Constables, and other Officers, who have any inquisitions or recognizances, whereby you have let any persons to bail, or taken any examinations, or other things, since the last Term of this Honorable Superior Court, holden for this County, come forward and make a true return thereof, that this Honorable Court may proceed thereon."
Superior Court, answer to your names, each of you, and save
If there do not appear enough to make up a jury, then must the Clerk call them over again, (the Crier repeating the same after him,) and if any one fails to appear, the Sheriff or his Deputy certifying upon oath that he was summoned, and no reasonable excuse appearing to the Court, he must be fined. But if
reasonable excuse appears to the Court, the Clerk shall mark him spared.
If it so happen that a full Jury do not appear at the second call, the Sheriff must return some of the by-standers, freeholders, that are present, or such as he shall meet with.
There ought to be at least eighteen persons on the Grand Jury.
If more Jurors appear than are requisite to make a Grand Jury, their names are to be written on a panel, and this panel cut so that each man's name is apart—then the Clerk puts them into a box or hat, covered, from whence a boy, under ten years of age, draws out one at a time, until the number required is drawn. As each name is drawn out, it is announced aloud by the Clerk; and the names drawn for the Grand Jury are, by the Clerk written on the panel.
This boy, under ten years of age, is to be procured by the Sheriff, before the opening of the Court, so that no delay may arise.
When the panel of the Grand Jury is thus made, the Clerk delivers it to the Judge, who will appoint a Foreman.
When the Court has appointed the Foreman, the Clerk will again call the names of persons empannelled for the Grand Jury, who will answer respectively. The Clerk will then request them to get into the same box, there to stand together, and hear their Foreman's Oath.
The Clerk will then call the Foreman by name, and direct him to lay his right hand on the Book and administer to him the following Oath :
“ You, as Foreman of this Grand Inquest for the body of this county, shall diligently inquire and true presentment make of all į such matters and things as shall be given you in charge; the State's counsel, your fellows' and
your own you
shall keep secret ; you
present no one for envy, hatred or malice; neither shall you leave any one unpresented, for fear, favor or affection, reward or the hope of reward; but you shall present all things truly, as they come to your knowledge according to the best of your understanding: so help you God!"
The rest of the Grand Jury, by four at a time, in order, are then sworn as follows:
"The same Oath which your Foreman hath taken on his part, you and each of you shall well and truly observe and keep on your part: so help you God !"
When the Grand Jury are all thus sworn, the Clerk calls on the Crier to “count;" and as the Clerk names them, the Crier counts them; which being done, the Clerk shall say, Good men,
stand together and hear your Charge." And the Crier shall make Proclamation thus :
“ O yes ! ( yes! O yes! The Honorable Court doth strictly command all manner of persons to keep silence whilst the Charge is giving to the Grand Jury, upon pain of imprisonmont."
Then the Judge gives the Charge to the Jury.
When the Charge is given, one Constable is ordered to attend upon the Grand Jury, to whom the Clerk will administer the following Oath : “ You swear that
papers sent from the Court to the Grand Jury, or from the Grand Jury to the Court, without alteration or erasement: so help you God !"
When any persons are to give evidence to the Grand Jury, the Clerk shall swear them after this manner:
“The evidence you shall give to the Grand Jury, upon this bill of indictment against A B shall be the truth, the whole truth, and nothing but the truth; so help you God!"
The Clerk will then certify on the Indictment, the name or names of Witnesses who are sworn to give evidence to the Grand Jury. If
, upon the evidence given, the Grand Jury have cause to find an Indictment, the Foreman will write on the side thereof, " A true Bill ;"—but, if they have not sufficient evidence to find the Indictment, the Foreman will endorse on the side thereof, “ Not a true Bill ;” and, in either case, will subscribe his name.
MANNER OF ADJOURNING COURT.
When the Court rises, the Clerk directs the Crier to make Proclamation, viz: