term at the courthouse and at one public place in every township of his county, or by publication of at least two weeks in some newspaper published in his county in lieu of such township advertise

ment.

Code, s. 915; 1868-9, c. 273.

1514. Certificate of attendance; compensation. The clerk shall give the judge a certificate of attendance for the number of days occupied by the court, and the judge shall thereupon be entitled to receive his actual expenses from the commissioners of the county in which the court is held.

Code, s. 918; 1901, c. 167; 1868-9, c. 273.

1515. Grand juries for. There shall be no grand jury at any special term, unless the same shall be ordered by the governor.

Code, s. 921; 1868-9, c. 273.

1516. Jurisdiction. The special terms of the superior court held in pursuance of this chapter shall have all the jurisdiction and powers that regular terms of the superior court have.

Code, s. 916; 1868-9, c. 273.

1517. All persons must attend; process not returnable to. All persons and witnesses summoned at the regular or special term, and officers or others who may be bound to attend the next regular term of the court, shall attend the special term, under the same rules, forfeitures and penalties as if the term were a regular term. But no process shall be made returnable thereto except subpoenas, or other process for the attendance of witnesses.

Code, s. 919; R. C., c. 31, s. 23; 1844, c. 10; 1848, c. 29.

1518. Subpœnas returnable to. Subpoenas may issue returnable on any day of any special term.

Code, s. 920; 1868-9, c. 273.

V. PRACTICE.

1519. Minutes read each morning. Every morning during the term the judge presiding shall order the reading of the minutes of said court for the day preceding, and the minutes of the last day shall be read immediately preceding the final adjournment of said

term.

Code, s. 925; 1861, c. 3.

1520. Nonsuit not allowed after verdict. In actions where a verdict shall pass against the plaintiff, judgment shall be entered against him.

Code, s. 936; R. C., c. 31, s. 110; 2 Hen. IV., c. 7.

1521. Suit for penalty, plaintiff may reply fraud to plea of release. If an action be brought in good faith by any person to recover a penalty under a law of this state, or of the United States, and the defendant shall set up in bar thereto a former judgment recovered by or against him in a former action brought by any other person for the same cause, then the plaintiff in such action, brought in good faith, may reply that the said former judgment was obtained by covin; and if the collusion or covin so averred be found, the plaintiff in the action sued with good faith shall have recovery; and no release made by such party suing in covin, whether before action brought or after, shall be in anywise available or effectual. Code, s. 932; R. C., c. 31, s. 100; 4 Hen. VII., c. 20.

1522. Suit on bonds; defendant may plead satisfaction. When an action shall be brought on any single bill or on any judgment, if the defendant had paid the money due upon such bill or judg ment before action brought, or where the defendant hath made satisfaction to the plaintiff of the money due on such bill or judgment in other manner than by payment thereof, such payment or satisfaction may be pleaded in bar of such action; and where only part of the money due on such single bill or judgment hath been paid by the defendant, or satisfied in other manner than by payment of money, such part payment or part satisfaction may be pleaded in bar of so much of the money due on such single bill or judgment, as the same may amount to; and where an action is brought on any bond which hath a condition or defeasance to make void the same upon the payment of a lesser sum at a day or place certain, if the obligor, his heirs, executors or administrators have, before the action brought, paid to the obligee, his executor or administrator, the principal and interest due by the condition or defeasance of such bond, though such payment were not made strictly according to the condition or defeasance; or if such obligor, his heirs, executors or administrators have before action brought made satisfaction to the plaintiff of the principal and interest due by the condition or defeasance of such bond, in other manner than by payment thereof, yet the said payment or satisfaction may be pleaded in bar of such action, and shall be effectual as a bar thereof, in like manner as if the money had been paid at the day and place, according to the condition or defeasance, and so pleaded.

Code, s. 933; R. C., c. 31, s. 101; 4 Hen. VII., c. 20.

1523. Sum due with interest and costs, discharges penalty of bonds. If at any time, pending an action on any bond with a penalty, the defendant shall bring into court, where the action shall be pending, all the principal money and interest due, and also all such costs as have been expended in any suit upon such bond, the said.

money shall be deemed and taken to be in full satisfaction and discharge of said bond, and the court shall give judgment accordingly. Code, s. 934; R. C., c. 31, s. 102; 4 Anne, c. 16.

1524. Proceeds of judicial sales collected on motion. The supreme and other courts ordering a judicial sale, or having possession of the bonds which may have been taken on such sale, may, on motion, after ten days' notice thereof in writing, enter judgment as soon as the money may become due against the debtors or any of them, unless for good cause shown the court shall direct some other mode of collection.

Code, s. 941; R. C., c. 31, s. 129.

1525. Judicial sale confirmed, purchaser deemed owner. Any person let into possession under any judicial sale confirmed, where the title may be retained as a security for the price, shall be deemed the legal owner of the premises for all purposes of bringing suits for injuries thereto, after the day of sale, by trespass or wrongful possession taken or continued, in the same manner as if the title had been conveyed to him on the day of sale, unless restrained by some. order of the court directing the sale; and the suit so brought shall be under the control of the court ordering the sale.

Code, s. 942; 1858-9, c. 50.

1526. Procedure after appeal. In civil cases, at the first term of the superior court after a certificate of the determination of an appeal is received, if the judgment is affirmed the court below shall direct the execution thereof to proceed, and if said judgment is modified, shall direct its modification and performance. If a new trial is ordered the cause shall stand in its regular order on the docket for trial at such first term after the receipt of the certificate from the supreme court.

1887, c. 192, s. 2.

1527. Officer attending juries sworn. When any officer (except such as are appointed to attend the grand jury) shall be appointed or summoned to attend any superior court, the clerk, at the time of the first going out of a jury on the trial of any civil or criminal action, shall administer an oath to such officer, faithfully to attend the several juries that may be put under his care during that term, that shall be charged in the trial of any civil or criminal action; and after such officer shall be once so sworn, he shall be considered to all intents and purposes as acting upon the same oath while attending every jury, that he may be called to attend during that term.

Code, s. 927; R. C., c. 31, s. 36; 1801, c. 592.

1528. Quakers may wear hats in court. The people called Quakers may wear their hats in courts of judicature, as elsewhere, according to the custom of their sect.

Code, s. 943; R. C., c. 31, s. 131; 1784, c. 209.

VI. PROCESS.

1529. Return on notice, evidence. When a notice shall issue to the sheriff, his return thereon that the same has been executed shall be deemed sufficient evidence of the service thereof.

Code, s. 940; R. C., c. 31, s. 123; 1799, c. 537.

1530. When directed to officer of adjoining county. If at any time there should not be in the county a proper officer to whom precepts or process, original, mesne or final, of a court of record, shall or ought to be directed, who can lawfully execute the same; or if there be such officer who shall refuse or neglect to execute such precept or process, then the clerk of the court from which the same hath issued or shall issue, upon the facts being verified before him by written affidavit, subscribed by the plaintiff or his agent, shall issue such precept or process to the sheriff of any adjoining county, who shall have power to execute, and shall execute the same, in like manner as if he were sheriff of the county.

Code, s. 929; R. C., c. 31, s. 55; 1779, c. 156; 1821, c. 1080; 1822, c. 1132; 1846, c. 61.

1531. Sheriff interested and no coroner, issues to officer of adjoining county. In all cases where the sheriff of any county shall be interested, if there is no coroner in said county, process may be issued to and shall be executed by the sheriff of any adjoining county.

1532. How constituted. The supreme court shall consist of a chief justice and four associate justices.

Const., Art. IV, s. 6.

1533. Justices to take oath of office. The justices, before they act as such, shall, before the governor or some judicial officer, take and subscribe the oaths appointed for the qualification of public officers, and also an oath of office, which shall be certified by the officer taking the same and delivered to the secretary of state, to be safely kept.

Code, s. 955; R. C., c. 33, s. 3; 1818, c. 963.

1534. Quorum. Three justices shall constitute a quorum for the transaction of the business of the court.

Code, s. 956; 1889, c. 230.

1535. Convenes, when. There shall be held at the seat of government of the state in each year two terms of the supreme court, commencing on the first Monday in February and the last Monday in August.

Code, s. 953; 1901, c. 660; 1887, c. 49; 1881, c. 178.

1536. Sits until business is dispatched; name of court; adjourned if no justice present first week. The court shall sit at each term until all the business on the docket shall be determined or continued on good cause shown. The court shall bear the name and style of "The Supreme Court of North Carolina," and shall be a court of record; and the papers and records belonging to the clerk's office thereof shall be constantly kept within the city of Raleigh: Provided, that in case no one of the justices shall attend the term during the first week thereof, at the end of that time the court shall stand adjourned till the next term, and the causes on the docket be continued.

Code, s. 954; R. C., c. 33, s. 2; 1804, c. 660; 1805, c. 674; 1818, c. 962; 1828, e. 13; 1842, c. 15; 1846, cc. 28, 29.

II. PRACTICE IN.

1537. Original jurisdiction, claims against state. The supreme court shall have original jurisdiction to hear claims against the state, but its decision shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the general assembly for its action.

Const., Art. IV, s. 9.

1538. Manner of prosecuting claims against the state. Any person having any claim against the state may file his complaint in the office of the clerk of the supreme court, setting forth the nature and grounds of his claim. He shall cause a copy of his complaint to be served on the governor, and therein request him to appear on behalf of the state and answer his claim. The copy shall be