Newspapers / The Chowan Herald (Edenton, … / May 20, 1954, edition 1 / Page 13
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This is the Law BY CHARLES W. DANIEL (For the N. C. Bar Association) Justices of the Peace There are more than 2,000 Justices of the Peace in North Carolina today. Some are elected by the people, some are named by Superior Court judges, some are appointed by the Governor, and a large number are named in an “omnibus bill” every two years by our General Assembly, some of whom nev er qualify for office. Statutes provide that elected J. P.’s and those appointed by the resident Superior Court judge of a county shall serve for two years. Those appointed by the governor have four-year terms. Governor Umstead has adopted a poli cy of naming about 250 J. P.’s each year during his term. Limited Authority Jaypees, by statute, have rather sharply limited authority to try both civil and criminal cases. In civil ac tions based on contract they have Ex clusive, original authority if the sum involved (not counting interest) is S2OO or less. Other civil matters, with in their right to try, are limited to claims of SSO or less. They can NOT hear disputes over title to real es tate. By special law, however, they may try disputes between landlord and tenant over the right to possession of real estate. The amount demanded by a party before a J. P„ and NOT the ' amount ACTUALLY involved, deter mines the magistrate’s power to hear the case. Justices of the Peace may try, with EXCLUSIVE, original authority, all criminal cases the punishment for which does not exceed SSO fine or 30 days in jail. They have no right to hear charges of assault with intent to kill and assault with intent to com mit rape, except to find “probable cause”. Upon finding of probable cause, such cases are actually tried later by the Superior Court or a Re corder’s Court. Upon . appeal filed within 10 days after J. P. trial, the person appealing in most casts is en titled to a complete new trial in a higher court ’'T* May Not Draft Will A Justice of the Peace may NOT draft a will or draw a deed for anoth er, unless he is a lawyer and does so in the latter capacity. A non-lawyeri who purports to do these things is subject to prosecution and restraint under the North Carolina statute de fining the practice of law. Fees payable to Jaypees for issuing summons, hearing cases and issuing subpoenas are not the same in every : county. These fees, however, are set) out specifically in Chapter 7, section, 134 of the General Statutes. Regu-.| % ilYi Jones S9QO jjggf PINT $3.25 % or. ' BLENDED WHISKEY. 86 proof. 72*% grain neutral spirits. Frankfort Distillers Corp., N.Y.C. ’ By- 1 l'.L J|kL '■ St - - ! LIKE CAVALRYMEN OF OLD, modern day riflemen dbmonnt from their steed—the Army’s new M-59 armored personnel carrier—to mop op the “enemy” and seise the objective at Fort Knox, Ky. lar monthly reports of fees received and deposits made must be made to the clerk of court of the county served by the J. P. . A statute designed to uphold the dignity of the magistrate’s court gives) him’ authority to punish a person found in contempt. The law says: j “If any person shall profanelyj swear or curse in the hearing of a Justice of the Peace, holding court, the justice may commit him for con tempt, or fine him not exceeding five dollars.” At the request of either party to an action before him, the justice can com pel attendance of witnesses. If a wit ness fails to appear, he must forfeit eight dollars to the person for whom he was summoned. Can “Attach” Property A justice can “attach” property in a proper case, just as the clerk or judge of Superior Court can do so. If an “order of attachment” is issued against the property of a person who can not be found for personal service of summons, notice of the claim must be posted for 30 days at the county courthouse door. The statutes regulating magistrate courts also provide for trial by jury upon request of either party where there is a question of fact to be de termined. The statute specifies a six man jury. The parties may agree to have the case heard by a less number of jurors, however. Each justice is required to keep a jury box of two di- j visions with a lock for each contain ing the names of qualified persons' I ★ SWEET POTATOES ★ ] 5 WAYS TO A BETTER CROP F umigate your land— Grade and Set Only Row or Broadcast. Nice Strong Plants. Dip Lower Part of Plant to Space Plants in Row Regular help Control Diseases. ly—Water Each Plant Equal. Grow Sweet Potatoes on Nicest of Soils. “Give Sweet Potatoes A Chance” Bethel Auction Company, Inc. Phone Bethel 2641 Joe Butterwortii, Mgr. ; BETHEL, NORTH CAROLINA IS M THE CHOWAN HZRALD, EDENTON. M. a. THURSDAY, MAY 20, 1964. from the township in which the magis trate serves. No person is compelled■ to serve as a juror in a justice’s court I out of his own township, except as a 1 talesman. Each party in a J. P. case |is allowed, as a matter of right, to 'challenge two jurors and have them | excused from the trial. A party demanding a jury trial must pofct three dollars with the jus tice. It is required that each juror be paid 25 cents for his services, but only if the party requesting the jury trial wins the case. If the party re questing the jury loses, the jurors may be out of luck insofar as their “pay” is concerned. One Advantage “I’m glad my wife is built long and thin, sorter like a shoe string, as you might say,” stated Gap Johnson of Rumpus Ridge. “Why?” inquired an acquaintance. “Well, she don’t shade the corn while she’s a-hoeing of it like a fat woman would.” Town Council Proceedings | Edenton, N. C., May 11, 1954. The Town Council met this day in regular session at 8 P. M. Members present: Mayor Leroy H. Hasket, J. Clarence Leary, Clyde Hollowell, G. jM. Byrum, George A. Byrum, J. Ed win Bufflap and John Mitchener, Jr. ‘ Clyde Hollowell and George A. By rum were appointed to confer with the ■ County Commissioners regarding the answering of fire calls in the county. • The Mayor has appointed the fol lowing committee to investigate the feasibility of the Town of Edenton adopting a zoning committee ordin ance: G. B. Potter, chairman, L. S. Byrum, W. D. Holmes, Jr., T. C. By rum, Jr., and S. S. Campen. Motion was made by George A. By rum, seconded by J. Clarence Leary, that George Franklin, legal counsel for the North Carolina League of Mu nicipalities, be requested to meet with the Council and Zoning Committee to discuss zoning. Motion carried. Motion was made by G. M. Byrum, seconded by J. Clarence Leary, that a purchase by the E. & W. Depart ment of a piece of property 100 feet by 51 feet and 4 inches belonging to Housework teyWittoiit • Nagging Backache When kidney function slows down, many folks complain of nagging backache, loss of pep and energy, heaaacnes and dizziness. Don’t suffer longer with these discomforts if reduced kidney function is getting yon down—due to such common causes as stress and strain, over-exertion or exposure to cold. Minor bladder irritations due to cold, dampness or wrong diet may cause getting up nights or frequent passages. Don't neglect your kidneys if these condi tions bother you. Try Doan’s Pills—a mild diuretic. Used successfully by millions for over 50 years. While often otherwise caused, it’s amazing how many times Doan’s give happy relief from these discomforts —help ~ the 15 miles of kidney tubes and filters flush out waste. Get Doan’s Pills today! Doan s Pills SURETY-BONDED TERMITE CONTROL Flying ants . . . or . . . termites? Can you tell the difference? Most people can't! So the best thing to do is call an expert . . . call jjw^Eßf Otto, the Orkin Man! Free inspection without 1 ' jrjffidplfgl obligation! That's the only way to be sure, the WgjpSgmm f only way your home can really be safe from . w .* these destructive pests. Termites are swarm* _ ing right now! Be safe, be sure! Call Otto, the Orkin Man! M FREE INSPECTIONS WORLD'S LARGEST PEST CONTROL CO. Call Elizabeth Gty 6783 Cod. I - ■ j Russell Chappell for use in connection with the water softener plant at a cost of $700.00 be approved and re corded. Motion carried. Motion was made by J. Clarence Leary, ’seconded by Clyde Hollowell, that the E. & W. Department be re quested to transfer $9,000.00 to the general fund to complete the amount set up as anticipated revenue in the 1953-54 budget. Motion carried. Motion was made by G. M. Byrum, seconded by B. A. Byrum, and duly carried that the following Town of: Edenton bills in the amount of sl,- 895.87 be paid: Chowan Herald, $17.00; Michie Co., $70.50; Hooper Bros., $4.00; Office Supply Store, $2.47; J. N. Pruden, $38.05; Sinclair Refining Co., $67.27; . Norfolk & Carolina Telephone & Tele graph Co., $9.60; Byrum Harware Co., $9.94; Edenton Ice Co., $12.15; 1 Edenton Office Supply, $4.05; 8.8. H. •Motor C 0.,. $15.08; Chowan Herald, $26.10; Sinclair Refining Co., $i1,13;l I **-**-**-* w -* 1 -- ------f—,i-y-ii- » mnrun ~in.~iru-u-uru~»<~< _________ Save Up To 10% on your Fire Insurance To protect your home, fire insurance is nec essary. But it’s not necessary to pay high rates for it. Farm Bureau Fire Insurance ... • Deducts 10% from State Rate in N. C. • Provides you with sound comprehensive protection • Gives you prompt friendly claim service When you think of Fire Insurance —Think of Farm Bureau ... you’ll be glad you did. LONNIE HARRELL VALHALLA INTERSECTION PHONE 671-J-5 PARKER HELMS 204 BANK OF EDENTON BUILDING PHONE 175-W I Farm Bureau gUI I MUTUAL AUTOMOBILE INSURANCE CO. I -SECTION TWO— Norfolk & Carolina Telephone & Tele graph Co., $6.50; Bishop Laundry & Cleaners, $18.00; American-La-France Foamite* Corp., $202.10; Byrum Hard ware Co., $1.97; W. H. Bunch’s Ga rage, $125.26; Pay for Volunteer Fire men, $16.00; Sinclair Refining Co., $247.30; Texas Co., $30.30; Albemarle Motor Co., $16.56; Byrum Hardware Co., $19.46; Ack Ack Exterminating Co., $15.00; W. H. Bunch’s Garage, $100.08; Edenton Ice Co., $100.35; Jones Truck Line, $57.38; T. F. Wright, $4.00; Esso Standard Oil Co., $6.03; Norfolk Southern Railway Co., $232.81; E. J. Smith & Sons Co., $54.07; Superior Stone Co., $229.78; 8.8. H. Motor Co., Inc., $11.41; A. S. Smith Machine C 0.., $6.01; J. F. W. Dorman Co., Inc., $9.54; J. A. Gard ner, $28.50; R. J. Boyce, $67.35; By rum Hardware Co., 25c; McLean \ Trucking Co., $2.53. There being no further business, the Council adjourned. I ERNEST J. WARD, JR., Clerk. Page One
The Chowan Herald (Edenton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 20, 1954, edition 1
13
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