Chowan County, NC - Jurymen Appointed, 1723 Acts of the North Carolina General Assembly, 1723 November 23, 1723 Volume 25, Pages 184 - 209 CHAPTER I. An Act to provide indifferent Jurymen in all Causes, Civil and Criminal. That indifferent Jurors in all Courts of Judicature within this Governm't for Tryals hereafter to be had may be had, and that the Charge and Appearance thereon may be equally born by all and every the respective persons therein hereafter qualified to Serve upon Jurys. I. Be it Enacted by his Excellency the Palatin and the rest of the true and absolute Lords prop'rs of Carolina, by and with the Advice and Consent of the rest of the Members of this present Gen'll Biennial Assembly, now mett at Edenton for the No. East part of the Said Province, and it is hereby Enacted, that no person shall be a Juryman in the Gen'll Court to be held for the province but such whose Names are written in the List hereunto annexed, or Such which hereafter shall be added by Authority of Assembly, and if any other person or persons Shall be Summoned to Serve as a Juryman and returned in the Gen'll Court for this province it shall be a good Challenge for either party, and the persons so returned shall be discharged upon the Said Challenge. II. And be it further Enacted, that before the Conclusion or breaking up of every Gen'll Court the Justices or Judges of the Said Court, in open Court, shall cause a Child not exceeding tenn Years of Age to draw forth from a Box for that purpose the Names of twenty four persons mentioned in the List aforesaid, which persons shall be Summoned and returned to serve as Jurymen at the next Succeeding Court. III. And be it further Enacted by the Autho. aforesaid, That at the opening of every Court after the Names of the persons Summoned shall be called over and their Appearance or Neglect Entered, and in Case above twelve does appear then the Court shall Cause a Child under Ten Years of Age, in open Court, to draw out of a Box for that purpose Twelve of the Names of those that make their Appearance, and those persons only shall be the Jury to Serve that Court. Provided always, that if it shall happen that any of the Jury for Reasons according to Law shall be challenged, then the Court shall cause their places to be filled up out of Such of the Rest of the twenty four as made their Appearance, to be elected by Lots as is afore appointed, And provided also, that for want of a Sufficient Number of Jurors appearing to Serve as aforesaid it shall and may be lawful for the Judges or Justices of the Said Court to order the Marshal to Summon as Indifferent Jurymen as he possibly can out of any of the Free holders in the Said List that shall be at Such Court, which Said Freeholders so summoned by the Marshal shall be deemed and taken as Sufficient Jurors as those drawn and Summoned could have been had they appeared, anything before recited in this Act to the Contrary Notwithstanding. IV. And be it further Enacted by the authority aforesaid, That no person whatsoever which has been once drawn and Summoned to Serve as a Juryman shall again Serve before the Names of every person put in the Gen'll Box for Jurymen be drawn out and returned to Serve as Jurymen, and every person qualified to Serve by this Act, which shall be duly chosen and Summoned and returned, which doth not appear, or after appearance doth absent himself from the Said Court before the Said Court shall discharge him, shall forfeit thirty shillings, to be levied by the Marshal by order of the Court and paid to the Church Wardens and Vestry of the parish where the Offender dwelleth, for the Use of the parish, and no Juryman making default shall be Saved but by special Order of the Court for some just and reasonable Cause, proved upon Oath and certified to the next Succeeding Court, and no man shall be taken to be duly summoned which hath not been Summoned at least twenty Days before the Day on which he ought to appear, and every person shall be demed to be duly Summoned when a Note of Summons is left at his respective Dwelling, altho' such person shall not be personally Summoned. V. And be it further Enacted by the Authority aforesaid, that the Several Sherriffs and Marshals in this Governm't and every respective Judge or Justice of the Gen'll Court shall on or before the Conclusion of the next Gen'll Court Swear in open Court that he will as far as he may or can, either by his Knowledge or Information, follow, observe and keep the Rules and method, manner and way of choosing Jurymen for each Court to be holden in this province according to the true Intent and meaning of this Act, and every Justice, Judge, Sherriff or Marshall which shall be hereafter appointed shall take the Same Oath before he execute any part of his Office, and every Judge, Justice, Sherriff, Marshall, Officer or minister which shall neglect, refuse or omitt to observe and keep all or any of the Rules, Orders, Clauses or things in this Act appointed to be observed and kept shall for each Default forfeit one hundred pounds, one Moiety thereof to him or them that will Sue for the Same, the other to be paid to the publick Treasurer, to be disposed of as the Assembly shall think fit, to be recovered by Bill, plaint or Information in any Court of Record within this Governm't, wherein no Injunction, protection or Wager of Law shall be allowed or admitted of. VI. And be it further Enacted by the Authority aforesaid, That every Justice or other Officer of any and every precinct Court in this Governm't shall observe, perform and keep the Same Rules and Ways in choosing Jurymen for the Said Court within their Several precincts as by this Act is appointed for the Gen'll Court, under the Same penalties and forfeitures as is before in this Act provided. Provided always, that the Jurors which are or shall be drawn to serve respectively in the precinct Courts shall be from a List only of such of the persons in the List Annexed or to be annexed as are Inhabitants of the Districts of the Said Courts. A List of Jurymen in Chowan Precinct. W'mn. Benbury 1 Jn'o. Jones, Jn'r 16 W'm. Haulsey 31 W'm. Bonner 2 Joseph Ming 17 Constant Leuten 32 W'm. Charlton, Jn'r 3 Tho. Matthews 18 Jn'o. Lewis 33 Jn'o. Charlton 4 W'm. Sadler 19 Ed Patchet 34 Orl'do Champion 5 Edward Standing 20 Sam'll Patchet 35 Patrick Edgerton 6 W'm. Steward 21 Jn'o. Robinson 36 Jn'o. Falconer 7 Tim: Truelove 22 Caleb Stevens 37 W'm. Haughton 8 W'm. Thomson 23 Luke White 38 Thos. Houghton 9 Jer'ah Vail 24 Rich: Willson 39 Jn'o. Harlow 10 James Ward 25 Sam'll Woodward 40 W'm. Hocott 11 Francis Branch 26 W'm. Yates 41 Henry Jones 12 W'm. Cockrill 27 Jn'o. Champion 42 Charles Jones 13 Alex'r Cammeril 28 W'm. Copeland 43 Tho. Luten, Jn'r 14 W'm. Coward 29 Jn'o. Welch 44 Tho. Jones 15 Jam: Farlow 30 Walter Daughan 45 Jn'o. Evans 46 W'm. Bently 80 W'm. Garret 110 James Field 47 Jn'o. Collins 81 W'm. Rhodes 111 W'm. Freeman 48 George Guiviliams 82 Matt: Adam 112 Moses Foxworth 49 Jonas Kitterill 83 Cor: Calehan 113 Moses Hill 50 Jac'b Oadham 84 Jn'o. Edwards 114 Jn'o. Goodwin 51 Jn'o. Pipkin 85 Jas: E. Hardeson 115 Tho. Garrett, Jn'r 52 Jn'o. Wallace 86 Hen: Middleton 116 Jn'o. Jordan, Sen'r. 53 Sam'll Spruill 87 Ben. Blount 117 Charles Jordan 54 [Wanting in origiinal] 88 W'm. Steely 118 Jn'o. Jordan, Jn'r 55 Jac'b Blount 119 Ralph Outlaw 56 Godfry Spruill 89 Ben: Alexander 120 Tho: Rountree 57 James Long 90 Jos'ah Alexander 121 Jn'o. Rice 58 Tho: Hawkins 91 Jos'? Alexander 122 Fran: Rountree 59 Jam: Hawkins 92 Jn'o. Jennet, Sn'r 123 George Turnedge 60 Jam: Smith 93 Jn'o. Jennet, Jn'r 124 W'm. Weston 61 Jn'o. Swain 94 Culbert Phelps 125 Mich. Ward 62 Jn'o. Brown 95 Jn'o. Swain 126 Jn'o. Ward, Sn'r 63 Jos. Turner 96 Rich. Bortenstill 127 Media White 64 Tho. Long 97 Rob't Fewox 128 Jn'o. White, Jn'r 65 Henry Norman 98 Jn'o. Valway 129 George White 66 Jn'o. Davenport 99 W'm. Frayley 130 Aaron Blanchard 67 Matt. Carswell 100 Lewis Johnson 131 Mos: Baker 68 W'm. Swinson 101 Tho: Winn 132 Rob't Blanchard 69 W'm. Downing 102 Jonath'n Bateman 133 Rich'd Chappel 70 Jam: Jones 103 Rich'd Burtenshell 134 Cha: Chappel 71 --Hernit 104 W'm. Ludford, Esq'r. 135 Jam: Hinton 72 Rich'd Cameday 105 Tho's Bartlet 136 Jn'o. Hinton 73 *Jn'o. Walker 106 W'm Bearfield 137 Pat Lawlee, Jn'r 74 *Tho. Stubs 106 W'm. Willson 138 Ben: Spivey 75 Nath Everett 107 W'm. Ludford, Jn'r 139 Ab'm Spivey 76 Dan: Garret 108 Matt. Midgett 140 Jac'b Spivey 77 Jn'o. Adderley 109 Anth. Alexander 141 W'm. Weston 78 Edward Linnenton 142 W'm. Trevathan 79 *106 twice in original _____________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - egpotts@gmail.com