Wednesday, June 19, 2019

Article Index



ART. III. CORRECTION OF ERRORS, PARDON, EXECUTIONS, AND COSTS.


SEC. I. CORRECTION OF ERRORS.


47. Exceptions may be taken; proceedings. -- In all trials and proceedings before justices of the peace and justices of the interior courts, under any by virtue of the act passed on the sixteenth day of December, eighteen hundred and eleven, and of the act passed on the nineteenth day of December, eighteen hundred and sixteen, in relation to slaves and free persons of color, and of any acts amendatory thereof,, when either party shall be dissatisfied with any decision of the court before whom such trial and proceedings may be had, affecting the real merits thereof, such party shall and may offer exceptions in writing to such decisions, which shall be signed by such party,, or his or her attorney; and if the same shall be overruled by said court, the party making the exceptions may or twenty days' notice to the opposite party, or his or her attorney, apply to one of the judges of the superior court, and if such judge shall deem the exceptions sufficient, he shall forthwith issue a writ ofcertiorari to said justices, or to the clerk of the inferior court, as the case may be, requiring the proceedings in said matter to be certified and sent to the superior court next to be held in and for the county in which said proceedings or trial may have been had; and at the term of the court to which such proceedings shall be certified, said superior court shall determine thereon, and make such order, judgement and decisions, as shall be agreeable to law and justice.


48. When execution may be suspended. -- When exceptions shall be offered in manner aforesaid, the said justices before whom said trials or proceedings may be, shall suspend the execution of their judgement and sentence for forty days; and when awcertiorari shall be sanctioned in manner aforesaid, the judge issuing the same shall order the said judgement and sentence to be suspended until the final order and decision of said superior court shall be had in the cause.


49. When judge of superior court may fix day of execution. -- Whenever acertiorari shall be granted agreeable to the provisions of the before-mentioned act, passed on the twenty-second day of December, eighteen hundred and twenty-nine, if sentence shall have been passed and a day fixed when the same shall be carried into effect by the inferior court before whom the slave or slaves, or free person or persons of color, were had and convicted; and if, after considering saidcertiorari, the judge of the superior court before whom the same may be, shall be of the opinion that the sentence of the inferior court should not be altered or disturbed, he is hereby authorized and directed to order the execution of said sentence on some other day than that fixed by said inferior court shall have passed before the final hearing and discussion of saidcertiorari.


50. When new trial may be granted; proceedings. -- If the judge of the superior court before whom anycertiorari, as contemplated by the before-recited act, passed on the twenty-second of December, eighteen hundred and twenty-nine, shall be argued and considered, shall, after considering the same, be of opinion that error has been committed in the court before, and that a new trial should be had, be shall pass such order as may be necessary to effect this object; and the inferior court to whom said order may be directed shall obey the same; and whenever a new trial shall be ordered, said inferior court shall assemble on the day to be specified in said order, shall draw a jury, have them summoned in the manner prescribed by the before-recited acts, and in all cases of a new trial, the presenting shall in all cases be the same as those presented in the before-mentioned acts.

 

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