IN RELATION TO THE: POWERS AND
DUTIES OF CLERKS OF, SUPERIOR
COURTS. - . v :
The General Aiicmbly of North Carolina do
enact: .J..
Sbctiow 1. That as this act will be incor
porated in the general act respecting the prac
tice jand proceeaure of the courU, required to
be 4-reported to the General ; Assembly at its
present .'.session, by the commissioners, ap
pointed for that purpose, It ytlll be printed in
that general act and not elsewhere among the
acts of this General Assembly, unless other
wise hereafter directed.
Sec, 2, t The Secretary of State is required
to hare the third section of this act. and that
portion
printed
a a
lisned in mis state, ana tne sum necessary
i that' purpose, is hereby appropriated from any
I monies in the Treasury not otherwise-appropriated.
- " '.: '
Sec, 3: 'The terms of the several Superior
Courts of. this State' shall begin in each year at
the times hereinafter slated, and shall con Un
ite" to ber held for lw6 weeks (8undays and le
gal , holidays excepted,")" unless the business
shalhe sooner dlsp6s6a'df."t,rt; tr ': . ; :.
0-.'. vi FIRST JCDICTafc: DISTRICT.
j Wilkes, fourth Jtofey Sifter .third ifonday
in march and September. ?
i Caldwell, sixth ifonday after third Jfonday
in march and September.' .- i
iBttrk eighth ifondayafter third .Monday
in JUarch and September "
2cDowell, tenth ifonday after third Jfon
day in Jfarchand September. . . t .
I Alleghany county," the first4 Jfonday in
April and September. . -
, (Ash, third Jfonday in April and September.
! Wautauga, second Jfonday after third Jfon
day in April and September;;! zjiisoiv;:
Jfitchell, fourth Jfonday after third Monr
day in April and September 1 1 lUOi
Yancey, sixth Monday after third Monday
lion-
relating to tne superior court Clerss. i -Ff " wwwauuw.y :.. y- -
At Wat Wrpiriv fti fnnV v.tv nnh. 1 maaison, eighth Monday alter third
. V r-m . . - - - - .. I W A W- n A 1 .., .4 U Mil AV1 Krt. -
1V1 I .
: Buncombe: tenth Monday, after third Mon
day in April and September. , v.
; TWELFTH JUDICIAL DISTriCT,"
Clay county, the first Monday in April and
September. - J i;-,..;-i
: f lierokcc, third Monday in April " and Sep
tember. w ;"--" arxii :utrA.
1 : Macon, second Monday after third Monday
In April and September.
J act son,. fourth Monday after third Monday
Urtle county first monday in March and In April and September.
uciooer . . . ........ -
Hertford, third monday in -March and Oc
Gates, fourth monday After tle; first Mon
da1n March and October..'1 -
Chowan, sixth. monday after the first Mon
daV lit March "and October..- - ! 4s
Perquimans, eighth monday after the first
monaayin Alarcn and October. - -x
. Pisquotank, tenth -monday -after : the 'first
monday in March. and October! r 'I -"'
Camden, twelfth, monday after-the first
monday In March, and Octoberj S T -1 '1
Chrntuck. fourteenth monday; after 'the
first monday iir March and October.
ay
i Haywood, sixth Monday after third kon
in April and September. ' I -
I Transylvania, eighth, Monday af terthird
Monday in April and September; f - " f
Henderson, tenth Monday after third Mon
aay in April and oeptember. .
OF THE QUALIFICATIONS AND; GEN
ERAL DUTIES OF CLERKS OF THE
U SUPERIOR COURTS. - i
si ?
1 1
I l iZBKtONV JUDICIAL J)IspiiCT0
ber
Tyrell county the first monday. in Septem-
sr and!Februan4'i'tia,.u,iU k-m.ua
? Sec. 1. , At the first meeting of "the county
commissioners of each county after the elec
tion or anrjointment of arrr Clerk of a Hnne-
Tior Court, t shall be the duty of the clerk to
jj.l! . . 1 i
uKiiyer u) sucn commissioners a oona, wnn
sufficient sureties, to be approved by them, as
13 now required hy the law, payable to the
Washington, third monday in September j State of North Carolina, and with a condition
and-FefcTUary.: -a hhit -f.t:i i y ;yA & be void if he shaU account fori any , and
day in September and February. ,
Hyde, fourth Monday after the third Mon-1
day 1uf September and February, '.;
rior Court, theTIcitc5rffor CbS Jil&lcial Dis
trict shall inspect the office of the clerk and
report to the court m wnung. v if any clerk'
aner oeins I urnisnea wiin tne necessary
books, shall fall to keep them up "as recnlred
by law, he shall be guilty of a misdemeanor.
and the Solicitor shall cause him to be prose
cuted lor the same. II tne solicitor shall fail
or neglect to perform the duty hereby im-
posea on mm, ne snail oe. iiiaoiej 10 a penalty
of "five ! hundred dollars to any person who
shall sue for the same. r a
. : rrr .- 'rn -i
EXBTIKG SUITS. ,
iTheTfollowinff sections, numbered lll 21 3.
4 5, relate exclusively ;to actions which have
ueen commenced, ana in waicn no nnai judT-
meni nas oeen renaerea prior 10 me raun ca
tion of thi3 acVas & part of the Code of Prac
tice and Procedure: "
llmportant Article in Ihcjl
ARTICLE IV.
i'
respeciive cpnuies.
TroTrinrtiirtjrrs
and
Beaufort, r sixth Monday af ter Tibe
monday in September and Februarv i h-.
Pi tt, eighth Monday after the third Monday
in September and "February.1 , " ; t
Edgecombe, tenth '.Mouday after the third
monday in September and February,
Wayne county the first Monday In Septehl
ihdr anai eoruary.
-: M
pay over, according to law all monies and ef
fects which have or may come into his. hands
by virtue or color of his office, and shall dili
gently preserve and take care of all books,
records, papers and property which have come
or may come jntq hls possession; by,virtue or
color of his . bffice, "and shall in , all things
faithfully perform the duties of his office,
as they are or hereafter may be prescribed by
law. ...
BONDS- HOW APPROVED, v&C.
f j Sec. 2. The approval Of said bonds by the
commissioners or a majority of them shall
j' CLZrKS TO DOCKBT EXISTINaUITS.
ISec. 1. The clerks of the Superior Courts
at the request of a party" thereto,', within six
monms irom me raiincaiion oi a general act
respecting the practice and procedure of the
Superior Courts of this estate, and on the pay
ment of a fee of one dollar, shall enter on a
separate docket, all suits, wmcn; -at the' ratifi
cation aforesaid, shall have b&en commenced,
or in which final judgment bas jiot Lecn ren
dered in the latetCountyiCourw,Nkiperior
Courts of lw, and Courts of Equity, of their
rrociDEDwrriii
Sec 3. And every suit not so transf
within hr time aforesaid; fehall abated
the Clerk of the Superior Court shall tax
costs against the parties liable, and collect the
same by the proper process. .-'
. !Sec 2.-The said , suits, shall be proceeded
in, and tried under the existing laws and rules'
applicable thereto. After final judgments
shall be rendered therein, the plerk; shall. en
ter such judgments on Uhe execution docket
required to be "kept by him, and the subse
quent proceedings shall be as provided for ac
tion hereafter to be commenced.
EXISTING JUDGMKNT8 KOT DORMANT.
;Sec4J Exl8tingjudgtnenis and decrees not
dormant may in like manner be entered on the
execution docket, and the subsequent proceed
ings shall be as is prescribed for actions here
after to be commenced, as far as shall be com
patible with the previous proceedings, and no
ten acquired before the. ratification aforesaid
shall be lost by any change of process, occa
sioned by this act. s . .
Sif.it
DORMANT JUDGMENT?; 4
Sec. 5. Judgments or decrees which arc dor
mant at the ratification aforesaid, may be re-
ivcu ur cuiurtu iu mo mauuer Herein provi
ded.
JODlClAlTDEPAUTMnNT; 1
Wtlci l Th distlnctlinicttreett ctIoa at &
and oiu In equitr. and th form ot all nch kUodj
and solu shaU be abolished and there aliaU bm la taia
State bat one form of action, for the enforcement or
protection of prirate rUrhU or the redrf of prlrate
wrong which hall be denominated djll act Ion ; and
every action presented bjpeoe of th8Ut a a
party, agalnat a peron charged with a pnbllc offence,
for the ponihment of the aame, thall be termed ' rtm
rnal action. Feigned Issue ahaU atoo be abolished and
the fact at lne tried by order of court before jary. ,
Bee X, Three Commleloner haU be appointed by
this convention, to report to the General Assembly at
It nt m-mmln-n, mftr-r thla ronslltation Shall be adopted
by the. people, rale jot practice and procedarejn a
cordance frith tie,proriIon of the forefoln cttfofU
and lha raarmtba haU nrovide f C th Comnupaer
a reasonable com penation. ' ; . , J J
Boe. a. The same commissioners snau uw rrpon iv
the General Assembly a soon a practicable, a code of
law of North -Carolina. The Governor shall have pow
er to fill the vacancies occurrinjj In this commission. ?
Bee 4. The judicial power of the State snau oe vesiea
In- a court for the trial of impeachments a 8opreme
conrt, Superior court, court of justice of the Peace
and p pedal court. '
Bee a. rne conn for tne tnai oz impeicomniw soau
hei the senate a maiorltv of the member shall be nee-
eaarrtrvnrniB. and the indment halCntl erteti
beyond removal from and UnqtaJlj8tion to ar4
in tmsiate, trarTne party ihau be naN to inoicuneca
and punishment according to law.
Sec. 6. The House of Ttepreoentatives soleJr, hall
have the rower of Impeaching, no person ball be con
victed without the concurrence of two-third of the
8tSuators present. When the Governor 1 Impeached
the Chief justice shall nreside.
. Bee 7. Treason against the State shall consist only
in. levylnj? war against It. or adhering Iq It enemiea,
tnenxaia ana eociiort,- - no person inair oe tarn.
broecU before a Jttvtlce. be" ahan mate a- mcrd af tie
nroceedlnga, and Uk lb aame wlUt the Ocrk of the
boieriovCort of Um eonaty. "
Bee. St. Whca the tSoi of Jastlre of the reot shal
ttMYimi vacant, otherwise than by tht czptraiion of the
linn, and la case u sae lauare ny ut vovsrs ot aay cia- -trtct
to elect the derk of the nperlor coart to Ua
coanty, shall appoint to til the vacaacyforiham&cx-
plrad term. . s . j : .,
AfcB. la eaM the czzce t CJera or a svperxw eovtrt
for a county Uan become TacanV otherwU than by
the explrauoa ! tM term, ana mca ci azausrafey
the people to elect, the i adg of the Superior Ooert for
the county shUl appoint to tH the vacancy, aalll aa
election can be rriirTy held.
Jones, ..third; Monday ' in : September and j be recorded by their clerk, any commissioner
February.
Onslow, first monday after the fourth Mon
day in September, and February. i
Craven; third monday after ie fourth Mon
day in September and February.
dissentmg may cause his dissent to be enter
ed on record. Any commissioner approving
a bond which he knows or believes to be in
sufficient, shall personally.be liable as ;it he
was a suretythereto The said bond acknowl-
Lenbfr, fifth monday after the fourth Mon-1 edged by the parties thereto, or proved by a
day in September and February, i
Qreene, seventh monday after; the fourth
monday in September and February.
Carteret, ninths monday after the fourth
Monday in. September and February. ' ..
Wilson, eleventh monday after the fourth
monday in September and February.
u i pouittii JUDiciAt DisTricrVV 7S
Tiobeaon county on the fourth monday in
AuirUBt and February. ' i
-Bladen. . , second monday after the fourth
monday m August and February.
,Columbus, fourth monday after the fourth
monday in August. and February. . !' '
Brunswick, sixth monday after the fourth
monday in August and Februarys
$e w Hanover, , eighth , monday, after the
fourth,' monday In August and February. .; .
j - ISampsbn tenth monday after the fourth
; monday in August and February, i ' " -Diiplin
twelfth monday-after the .fourth
monday in August and February.
f T T tWrf JEI?C'Af4 dTRICTiT,n' cfQ'
HartbyuyMheetoTidIond
gust and February. -
,Ioore, .second monday. after the second
monday in August and February. : : v
Montgomery, fourth monday after the sec
ond monday in August and . February. 7
SjahJ sfxihjfcnonday jaf tef the"second mon
diy in August and February. ! ,
Unio,' eighth "r monday after the second
m0hdarJ.inIAllgust and February j .tc jiu v
'Anson, tenth monday after the second mon
day in AUgUst and February. I ! ;
Richmond, twelfth' Monday after, the second
monday in August and .February.; v V, V. v
Cumberland,- tf ourteehtli Monday wf Ur the
second. Monday ,iu. August and February
subscribing witness, before the clerk of said
commissioners; 'as their presiding officer, reg?
istered ' in the office of the register of the
county, in a seperate book to be kept by him
for the registration of official bonds, and the
original with the approval thereof endorsed
deposited with the register for safe keeping,
The like remedies shall be hadiuDon said
bonds as are or may be given by law on offi-
? Sec. 3. Every clerk of the Superior Court,
before entering on the duties of j his office,
shall take and subscribe before some officer
authorized by law to administer an oath, the
oaths prescribed by law, and file the same
with the Register of Deeds for the county.
f FAILUKE TO QTTK BOND. "" i
" Sec. 4. In case any elerk shall fail to
bond and qualify as above directed, the cliair
man of the county commissioners of his conn
ty shall immediately inform the Judge of the
judicial district thereof rTwho shallr thereupon
declare tne omce .vacant; and nil t the same,
and the appointee shall give bond Hand quali
fy as above directed t & '5 r' g "f 'c f
I 'liV oFFiCTS-wrmuETOi he kept. "
' Sec. 5. He shall haye an office iri the court
house, or other place provided by the county
commissioners, m the county town of his
county, He shall give due attendance, in
person or by deputy, at his'offlce, daily, Sun
days and legal holidays excepted,) -from 9
pclock A. m., tothree 'o'clock, P. M., and
longer when necessary for the dispatch of
business. ;f 1 !
1 TO BECE1VB OFFICIA1 FAPKBS, &C
i Sec. 6. . Immediately after he shall have
given bond and qualified as aforosaid, he shall
receive from the late Clerk of the County and
CI.Tt
.. s
llercliaiits' Club Houso,r
h craven street.
Near the Post Office,
NEW BERNE.1 Ni C.
TJERSOXS coealnx to 2?rw Berm, wiS lad this a
and comfortable place to stop at. Xrery attcatlow
paid to electa.
i IS All
Alwa7 WppHdwtth Uaeate? Wla-a, Ueaora,
. , f With aS tha market wtH nppl.
. ! J , J '"'"zoDonraa,: f 1 '
UMurpasaed.
JlijM-tf. . , . rtoprlctor.
- .
11
(
..'tit L - -m J
ACTIdl? COMMENCED
"APTEB
THE
RATIFICA
TION TO SECOND OLD DEBTS, &C. -
Sec. 6. In all actions hereafter commenced.
founded on such contracts as are provided
for in an ordinance of the Convention of .this
State, entitled An Ordinance respecting the
jurisdiction of the Courts of this State," rati
fled on the 14th day of March, 1868, the sum
mons shall be made returnable to the term of
the Superior Court therein designated, and the
subsequent proceedings shall be in accordance
with the provisions of said act. ' ' r
EXECUTIONS LEVIED ON PERSONAL PBOPEBTY
Sec. 7. The late Sheriff of any County hav
ing in his hands any ' fiere facias execution,
which has been levied on personal property of
the defendants, which is unsold shall proceed
to sell ithe same asnow- required by .Iaw, i he
shall pay ' over the ' proceeds after deducting
his fees, and shall also make return of the writ,
to the Clerk of the , Superior, Court, of the
county to any Court of which the writ is re
turnable, the proceeds to be paid by the Clerk
to the r.arties entitled thereto. r.
EXECUTION 8ATISFIEP.
Sec. 8. The said sheriffs shall in like man
ner return nil executions in their hands which
are satisfied, whether by a sale of property or
otherwise. Vind shall pay. over any proceeds
thereof.
EXECUTIONS NOT LEVIED AT ALL, OR LEV
IED ofc-nfeAL PROPERTY-.--- '
Sec. 9 As soon as-the- successors. o"f , .he
said laic SherrifFs shall' have "qualified and
given l)ontU.Al required by law, tlie said late
rHhenffs' shall deliver to such successors, all
writs of executions in their hands which
have not been satisfied and. have not been
levied at all, or which have been levied on
property which-has been sold, and a residue
remains unsatisfied, or have been levied on
real property -.which in ,wholeror in part re
mains uosoiu, wim a return siaung any re-
!i - " . . 1 ' ' i . 1 .5
ccipi oi money uy-xnexn, ana meir acima
under the writ The .new Sheriffs shall pro
ceed to act under such writs as if the same
had been addressed and issued to them, and
shall make return thereof -to the "next term
iri vine
icted bf-treasoa Dale- oar the testimony of twoSrrt-
nesses to the same orer act. or on confession In open
court. No conrictlon of treason or attainder shall
work corrnption of blood or forfeiture. -
bee & The Sapreme conrt shall consist of a Chief
J netlce and four Associate J as ticca,
Bee 9. There shall be two term of the Sapreme
court held at the feat ttf!Yeniineatof the State in
each year, commendns on the first Monday In Janoai
ry, and first Monday in Jane, and continuing as long
aa the public Interest may require.
Bee 10. The Supreme court shall haTe iarlsdlctlon
tat reriew, upon appeal, any. decision of the court be.
low, upoa v? iaatierf .nwritMraf in
no issue oJactalljU triad before Uhvto art r-ad
the conrt shall hare power to issue ny remedial writ
Deceesary, to Rlre it a general supervision and control
of the inferior conrt.
Bee 11. The Supreme Court shall hare orleinal jurist
iltrrlan tn hM Halmi mlrtt ttia Stats K t 1. A .
u.wmvm mn v . m m...w. . ... vwi, VUBWV UQLW
ion shall in mercty rKsoromrndyttory as prvt )n
ine nature oi execuuon soau issue inereon ; tbey snail
be reported to the next session of the General Ai
Mf fnrlta irflnn
Bee. IS. The SUte shaU be dirlded Into twelve iudl
al Amrtr 1nr nrh rtf m'Kir4i a inilcw shall K. rKn&sn
who shall hold a superior court In each county In aald
district, at least twice in each year, to continue for two.
weeks unless the business shall be sooner disposed of.
Bee. 18. Until altered by law Ihe following bU be:
the judicial dirfrfcu 1 ' J J . I !
First DisCrtcC Cnrrttnck, Camden, Pasqtrotahk, Per
qaimans, Chowan. Gates, llertford, Bertie.
. Second District Tyrell, llyde, Washington, Bean-
ion, Martin, nit, jsAgecomoe.
Greene, tenolri Wayne, WHson. iJ I i. U
Fourth District urunswick, Piew llanorer, Duplin,
Columbus, Bladen, Sampson, Robeson. .
Fifth District--Cumberland. Harnett, Moore, Rich
mond, Anson, Montgomery, Stanly, Union.
Sixth Distrlct-rNortharnpton, Warren,- . Ilalifax.
Wake, Nash, FraaklhC JoHnaton,' Granrtlle.'; ; t.
Seventh DIstrtct-Ferson Orange, Chatham, Ran
dolph, Guilford, Alamance. Caswell. Rockingham.
Eighth District Stoke, Forsythe, Davidson, Row.
an. Davie. Yadkin, Surry.
Ninth Disttict-CaUwba. Cabarras. Mecklenbnrf,
Lincoln. Gaston, Cleveland, Rntherford, IpJk. ;
Tenth. District Iredell, : Baike, Caldwell, Wilkea,
Alexander, McDowel. ;
Eleventh District Allephany, Ashe, Watauga, Mitch-1
eu, xancey, M&dison, uuncombe.
Twelfth District Ilenderson, Transylvania, Hay;
wood, Macon, Jackson, Clay. Cherokee.. . ,
Secjl4. Every judre of Barerior Court shall rcsid
In hi district while holding hia'offlce. The judge
jnay exchange districts with each other with the con.
sent of tie Governor, and the Governor for good rea
son which he shall report to the Legislature at its cur
rent or next session, may require any judge to hold one
or more sped fled term of said courts in lien of the
judge in waosc district they are. ' . r '
Sec. 1. The Superior Courts shall have exclusive
original jurisdiction -of all civil -actions, whereof ex
clusive orir1ual inrisdiction is hot given to sovtie other
Courts, and of all criminal actions in which the punish
ment may exceed a fino of fifty dollars or imprisonment
ior one monin.
Sec IS. 'Tbo superior conrts shall have aoDellate in.
risdiction of all issues of law or fact, detet mined by a
Probate 'Judgc or A' Justice of the Peace, where the
matter In controversy exceeds twenty-flro dollars, and
of matters of law in all cases. ,
Sec 17. The clerks of the nperlor courts shall hare
inrisdiction of the probate of deed, the rrautlng of
letters testamcutarv and of administration, the ap
pointmont of gnardlaity. the wpprcnt icing of orphans
to audit the accounts of cxutors. administrators and
guardians, and of such other matters as shall he pre
scribed by law. All isssues of facts joined before them
shall be trsnffvrred to .the superior. courts for trial,
and appeals shall lie to the superior courts frow their
judgments in all matters of law.
Sec. 18. In all issues of fact, joined in any court, the
parties may waive the rtsht to hare the aame dctcrmf
ned hy jury, in wfttciTtasthQ finding of the Judge up
on the fact, shall bW th fevcoand effect r a iurv. i
Sec 19. The General Assembv shall nrovlde for the
establishment of Special courts, for the trial of misde
meanors, in cities and towns,' where the same may be
necessary.
Sec 20. The Clerk -of .'the Supreme Court shall t
apjK inted by the court and shall hold hi office for
eljrht years.
Sec 21. A Clerk of the Snnerior Court for each
county, shall be elected by the qualified voter thereof.
m me nme ana in me manner Dreeenacd dv law. for
. . . ' - v
A gents .Wanted
FOB ru
i
!
:
OFFICIAL HISTORY
'.j,Uo'. :-5:T! -i-i-'f-JOB PR1WTING 1
f fi flfiiiHetc. ibnrarf er. Cone I
unci ana acsuiis.
B:IIon. Alex, II. StcplieiiSe
A Dock for all Sections and all JPartU,
... . - .
ritlll$ rret work present the only complete and
k X timpani analysis of the fa sees of the War yet
pabutneo. ana givee uose interior lir&U ana taaaow
of the great cob filet only known to those hlghoacrr
who witched the fiood-llde of rrvotatloa from tt
fountain tprtaga. and which were so acccasru to Mr.
Stephen from his position a second SccreX the
Coaf ederacy.
Te ptibUe that Thaa been surfeited with AFFA
TICNTLT SIMILAR FltODUCTIONS. w promise a
rbck of fare, both arreeahle and aaUtary, and sa ta
telkxtVa treat of the highest order. The Great Ama
rican War ha AT LAST foad a historian worthy of
lta importance, and at who hand It will receive that
moderate, candid and impartial treatment which trails
andjastlce so ergeatly deaaand.
-kTTI T t iniiBiB urire rrny warn naaucsira lOODuua
vnftlOW, llhUw&rlr. Its OAtIaI rhirarlrr mnA mm4 a.l.
lalned with an Iscreased commission, make tt the beat
subscription book ever published.
One Agent In Easton, ra., rrporU "a sabecrlbrrs la
three day. i ,
One In Boston, Has lOSubecrlber In f oar day.
. ' Obe In Memphis, Tcnn 10a sabscrtbrrs la five days
Send for Circular and see our terms, and a fall im
crlptioa of the work, with FTtiz notice of advance
sheet, dc Ad dress . . -
; 1 NATIONAL TUBLTHTinC CO O-
I M South Seventh SL, PhUadclphla, Pa.
i April ao-tw . . "
(xERMANTOWN TELEGRAPH.
J OB PRINTING !
SJB PIUKTWGU
Job piuvtjxgu
We call tWaUesUon of the while to the rwvat aa.
Horn to oar oOc of a eoasplctc -
FAITIIL,Y and an AGRI
CULTURAL, JTOURIVAX.
Job Printing Establishment,
with jvarir presses
KUfTM,
of the moat improved s,nd
( tevoted to vuuijb LiTtatATUKK. Inclodl
nr roe-
ry; Novelette, Tale and Moral sod antmalaingBcd.
inz. cenerauy. in ine uterary xepartment we shall
rue wtuia toe reach of oar
Granville county second Monday in August Superior Courts, and Clerk and Master,)f the of the Superior Court-of the county, (or) to
. . -W7 m m m w i m f a aw. - . : t a a. . -
uourt oi jnquity oi . tne county ail recoraa,
and Febfuarv.t
Warren, Becnim Monday j after the second
rrioriday.inrAuguat and February. nr-tj . ? i
"Franklin, fourth Monday after the.second
monday iiriAtugust"a"ni EcbrhaiyXQiJ.
Johnston, sixth 3Ionday after the second
Monday in Airust and February.
Wake, eighth-Monday aft er-the second Mon-i, they ehall he respectively liable on their ofu
books, papers, money and property of their
respective offices, and give receipts for-the
same: and if any such late clerk, or clerks
and master, shall refuse or fail within a rea
sonable time after demand to deliver such re
cords,, books, papers, money and property.
m me nme ana in tne manner presented by lai
tae election of merahers of the General Assemalv.
-Sec, 22. Clerk of the Superlon Court shall hold
meir omces for four year.
bee 23. The General Assembly shall prescribe end
lenlatc.tbe fees, salaries, and emolument of all offi
cers provided for iu this 'Article; but the salaries of
the Judges shall not be diminished during their con tin-
usiivu iu uiuce.
- eh-c 24. i ne law or riorth Carolina, not repugnant
to this Constitution, or to the Constitution and Uwa
oiy.
'present the choicest varieties
extrndeo: means. Tne rtovetetle. Tsle. roetry. etc.
shall be rnpplied from the best and hbzhest aoarcr. anil
;tc equal to anything to .be found In any journal or mag.
aloe. . . ...
i I AGRICULTURE AND IIORTICULTCRE,
jBrnbradog Farming, Gardening. rult-Rllng. rit
Our labor In this department for over tblrtv yrars.
have met the cordial approbation of the tabi(e. Oar
narpose bas been to furnUb nsefnt and reliable Infnim-
anon anon meec Terr imporiani orancne oi inaati r
ttad to protect them so far as within our power arslnst
tnit lajseoocmnca ana seiasn parpose or tne snaay
rmplrie and senaatlon adrerturers by which the f aim
er is Incessantly assailed. This portion of the (Jan
mantowk TcLconara Is alone worth the price of sub-
aciipuon.. t , . . . , .
i ! ' ' s fflTK'R ni"lAnTlfl---CT
Tfhe same Industry, care, and dlscrlmlnstfon la cath-
enngana prenaungine sumng events oz the dav. ex
pressly for this paper, which hUberUt ha U-ew one of
U marked features aad glretj sach onlversel Mtlsfar
tlcn. will be continued with redoubled effort to innt
toe imreasme Oemands ox toe public.
to order received without the cash, and all s a barrio-
ficns sioppeaat inecna oi lae ume pia lor. rpect
pMO numbers senC Address . '
j ; Editor snd Proprietor,
i Germantown. PhtUArlrvkia
June 14-lm.
New Type, Borders and Cuts,'
from the
FIUST FOUNMUES IN THE CX)UOTRT
Experieiaced Workmen,
I and desire to baild ap a be si see by gfrlaf atla!at
tiosi to ocr patrooa.
li
-1
uiy u -.vhouua vuturnj t " -I'
Nasll, teiith"monday"after Che second llon
dav in August and February lri U n;.
Halifax, twelfth Monday after the second
monday intugust'atid Pebruaryx v)Uti - 11
-Northampton, fourteenth Monday after the
second Monday in Augusfand February. 1
J)n-nrja5raT
Guilford county, ;lhe- first Monday in
March find September. no t4 -sv.at:Fv
Rockingham, thei secQndIonday after the
first Monday in March and September.
Caswell, fourth monday after the first Mon-
the first Mon
day in March and Sentemben
Person, sixth 4 monday afteri
-mm l a. 1 .
uavjn .jviarcn ana oeDiemuer. ,r-.r
Orange, eighth monday after the first Mon-
dny in march and September.
lUndolphi twelfth -Jfonday after the first
AfbndayHn ifaich krM'SeDtember. ui 1
a Alamance, fourteenth Jfonday after the
first Jfonday in Jarch and September.
: i EIGHTH JUDICIAL DISTRICT.
Davie'.couhW.th-tvnrs, Jndayi in April
and September.
Rowan, third Mondayin April ana Beptemt
4JaViason,tsecond . Jonaay after the third
Jfonday in April and September.
Forsvthe. fourth Jonday after the third
Jfonday in April and September. .
Stokes, sixth Jonday after the third Jf on
day ip'AprSland September! i HN
Surry, eighth Jfonday after the third Jfon
day in April and .September. 'p. .
Yadkin, tcrilh Jonday after the third Mon
day in April and September.
. M VKUXtH. iDDlCIAI. DteTKICT
-rolk'rounty, the first Jfonday in Jfarch and
September.. ' fiVU-i',"f rj
Rutherford, third Jfonday jn Jfarch and
Semcmbdrj-fTAlvi " pt f - r .-J ffTA r
leVeUndVsecond Jfonday after, the third
Jonday in Jfarch and September. -
liincolri; fourth Jfonday after third Jfon
daV in' Jfarch and Sentember. '! V 1 ' 1
.raston, sixth t Jfonday after; third Jonday
in Jarch and September v u v
Jfet"kleuburg,1 eighth 'Jfonday1 after 1 third
Jfonday la Jfarch and September. - 4
Oabarms; tenth Jfonday after third Jfonday
' ihLSarch and September; ; r,
TENTH JUDICIAli DISTRICT.
Caiawba o6untyi firet Jfonday in Jarch and
SeiJtembcxvi v ' -v.?-fjv''. v.'i-i-Alexander,
third;5 Jfonday Jfj; and
IredcUecond llonday after third Monday
in MarCli kid 'September. , - ,
cial bonds for the value thereof , and be held
guilty of a misdemeanor. i '
; ..; TO KEEP RECORDS, &C. :
Bee. 7, tie shall Keep in bound yonmes a
complete and faithful record of all his official
acts, ana give copies uiereox w ail persons ue-
smngthenvtin pay mentorthelegal feesr
BOOKS TO -BE KEPT BY THE lCJ.KBKSK.-
Sec8l"h clerXJshidl keeix.thcM fbwing
books: .- I
1. A docket of-all writs ofsommoas. or
ouier oj liuii isauw oyjucma, .or re-
turnea to nis omce. : mis aocKet snail con
tain a brief note of eyeiylrQceediBwhafe
ever, in each action, up to the final J judgment
inclusivr.
2. An Execution Docket, in which the sub-
any uourt ot wnich the writ is returnable.
Any bhenif- failing to make. due returns
of such writs delivered to him, shall forefeit
and pay one hundred dollars to any plrson
grieved thereby, .to be recoyered on motion
to the Conrt before which the writ ia ri-tisr-
ed to be returned. All proceeds of executions i ?fie Unltcd ahall belaforce nntll jawfuUy af-i f .
in part only satisfied, while in the hands of .srAc&mi'atlaW, and
mwaj wu(. w x ; J v w wm vs-.sa.aa Mav r II TT fc tilaaa lC r I
wMunvwvu w u-c luuiiB uiTiu lunioimaii mpmir. i. i
JOB- WOE
stanse of the judgement hall be recorded, and
avow Trvwi r-i ry ertiHcsrttiont ieiliPrvti AmiA i
w v y yiwwWM' nuwv-f uvwvuuva a v j
with An alDhaoetical index. . . ; .
3.A Docket" of all 'issues of Tact joined I lo maae aue return tnercot ana to proceed as
UDon the Dleadinsrs and other matters, triable 1 Herein prescribed shall in each case forfeit
to the clerk of the Superior court of the
county., to - any. court of which, the "writ is
jeturnable for the use of the parties entitled
thereto under the penalties now provided hy
law in case of failure. r , Pi
EXECUTIONS TO BE. DOCKETED.
Sec:-1(X! -The"' clerk of .-'any Snixrior
Court to which any; executiortslialVl re
turned as is aoove prescribed-6hall at Hi r-
quest of any person intsreated, I herein, mid
on tne payment ot one dollar, enter su:-nir.-
ecutions, on his execution 'docket, and 'the
like process may be thereafter' had thereon
as is proVidedin similkrjcases do t judgements
recovered after the ratification of this net,
PE3IA1.TY U0N "SrilirFFS "TOR FAILIXfJ TO
RETTjRi. .r.;r.D
) Sec11. p Any late Sheriff v other officer
having ''executions in his hands-and failing
and pay to ariyhy Dexson "criefetT. one hnn
dred dollars be recoyered on motion of -the
court.! J '- vr:,- ,d .vlwrt. ;;rI xiO ill
JCMVE'lJpT. pOIllIAKT, WIIES-r.,, j
Sec. 12'. No judgment' shair belield to
have become dormant by reason of? any stay
.i - . -
ox execuuon mereon ln oDeoience to . any
before a jury, and of ' all other matters for
- -a f .1 1 a
uearing ueiore ine juages, at a regular term
Qt the Court, a copy of which shall be f ur-
nishedtp the judge at the conxmencement of
each term.t f- ta u..i u n u4J.iUii;u
t 4: 'An alphabetical index according' to the
names of the .plaintiffs, of a 11 ? final f judg-
ml ciyil &cUoji. rendered in tthe court, general or special orders issued by the Gene
ral lately commanding the military District
df which the State of North Carolina formed
a' part, and thetime during which execution
was so stayed, shall not be counted in deter
mining any question -itespectinga judgnient
being dormant. f? T j
ORDENAKCE OF 14TH OPltARCTI 1868, jfOT
with the dates' and numbers thereof.
5. AJJocKet ot au criminal actions, con
taining a note of eyery proceeding in each.
BY Wfl91ITIl3 1 BOpKiATK -TO BE FUr?-
h ecl D. The-books specified irr the above
section snaii pe supplied to tne cierKs ot tne
several counties by the Secretary of State, at
the expnopf he State,- and: the , Secretary
shaU, as tsoon as rxissible, transtoit an ac
count thereof to the chairman of the County j ordinance of the Convention ; of GrfaO -State.
Commissioners, in order that the price may entitled "aii.DTdinance respecting theA juris-
uo icii .m: uc vuumr uucb, auu lueu .uio i uicuon oi ioo uouris ot mis ouiie, rauued
Auditor of public accounts, who shall add
Sec. 13. xTothimr-lrn this act'oontarned
shall affect or impair any right given by an
the same to the taxes of. the respective coun
ties; and receive and account for it asrorJ
other taxes. The commissioners of any coun
ty failing to cause such sum to be levied with
he other county ,taxes, shall be guilty; of a
nisdejneanor , -.:
PAPETS IN JEACIt ACTION TO BB KEPT SEP-
Y'-lX-u ATATE. : :
Sea 10. The clerk shall keep the papers in
tech action in a separate roil or ounaie, ana
at its . termination, attach together, properly
the 14th day of March. 1808, in the cases to
which it is-applicable. ' J -' J 1 'KXKX
i Ratified the 14th day of August, A., D.,
xoua . i
; (Signed,) JO& WrHOLDENt III
Speaker iouseof nepresentauyes.
SSXL !TOD,lU C ad WELL,
i JL W. rTesiaeAW ine oenaie.
(Sign?
STATE OF NORTH CAROLINA; "
o t.i . A a a m . :
vJrrlVJ& 0waafAai c diaji.,
RnlHnJt. Avmut22d 16C8..
I. fienryirenJUDiHXSearet
3abel,and file them in order of the date of Ihe j hereby certify that the foregoing is a true
final judgment.
! SOLICITORS TO EXAMINE KECOrDS, A.C.
' Sec. -11. At every regular term of a Supe-
copy
of the original act on file in this office.
U. j. m jn run u felt,
Secretary of Slate.
without prejudice by reason of the change, and all such
actions and suits, commenced before, and pending at,
the adoption by the General Assembly, of the rule of
pmctlru and procedure herein provided for, shall be
neard and dcteralncd,-accordin; to the practice now In
use, unless otherwise provided lor. by aald rules.
Sec. S. The justices of tbe 8uprcme Court shaU be
elected br the qualified roter of the SUte, as Is proTl
lfl for the election of member of the General Asaem.
br. They shall hold their offlces for eifht year. The
Judge of the Superior CtmrU shall be elected in lika
r.i irtner, and shall bold thrir offices for eurfat years ; bdt
the Judges of the Superior Court elected at the ftret
V tlon under this constitution, shall, after their else.
itu. under the superintendenee ei the justice oi the
Sp pretne Conrt, be divided by lot into two equal rlsssrs.
oiio of which shall hold office for four year, the other
Sec. S7 .Tho OcncrakAsaesAhH mv nmtl KM I
.v.. ii .-v k, . , '.l 7' r-- 1
mat wi juat- m iiK uyrioijjos ri liiiiadoa bev
ac wmcu iit me voter oi l DC wnoid a Lata. i
en provided for. shall be elected br the Toters
te. aa 1 here
oterm of tVHr
respective districts. , :
Sec. 38. The Superior Court hU be. at all time,
open for the transaction ef all business withla their ja
rfedtction, except the trial of issues -of' fait rMalrLutr
a jury. -.---' '
Sec. tt. A Solicitor Vhall te rlnrlT frVsh indlrlsJ
district by the qualified voter thereof, as la prescribed
- - Aar a m 0 . m. k -
iwr memw ot me uvneraj Asscmniy, v m, u4i-lvok(.
omce ior ine term ot lour years, and prosecute oa be
half of the State, in an criminal actions la tbe Superior
Conrta, and advise the oflrers of iustlce in his dia.
te elected by the qualified voters thereof, as 1 nre-
criDea zor memners of the Oeneral Assembly, and sbau
noiatneir omce for two years, ineacn township
kiivrc buu ut svoBiuon ciscxe id uajb rainnw oy'ine
voter thereof, who shall hold hi oQce for two years.
V hen there I no coroner In the county, the Clerk of
the Superior Conrt for the county may appoint one for
special cases. In case of a vacancy existing- for any
canae,tn any of the office created by this section, the
comaiiaetaner fox the cocaty may appoint lo adch i vf
flcelorttie nnexplred term
Sec Bl. All vaeancie oceurrlar vncrwfor1
ded for by this Article of, tbe CohstltuUoa. sbsH be
filled by the appotntaseat ot the OoreraaT, vales oth
erwise provided for, sad the appointees shall hold their
places until the next regular ejections A -.;.'
Sec 82.. Theofficers elected at the-flrst election held
under this Constitution, shaU hold their offices for the
terms prescribed for them respectively, next ensuicr
after the next regular election for members of tbe Gen
eral Assembly. But their term thall begin vpon the
approval 01 this ConstltaUott by the Congress of. tha
u ni Lea sates. . , . ,
8ec' to. The aeveral iuatlcev of the Peace ahaU haVa
exchfaive orleinal iurWUciloa nnder aaeh vsianAM
as the General Assembly ahaU pirscrtbe, of all dril acv
uoonounra on contract, wneretn the nra demanded
shall not exceed two' hundred d6Cara, and wherein the
n esiaie snau not De in controveisr, and of
ait cnminai maners arising within their coon ties where
the punishments cannot exceed! ffoe cf f ty-delUra.
?rlm,V3limr.n' f .OM month. When aa Issue of
joinea oexore a justice, on demand of
either party thereto, he should cause a jary of six saea
to be summoned, who ahaH- try taeaisATne party
apalnat whom iddment shall be rendered la anydvfl
-jr vv m uia superior uonrt rroua the
woe, ua ii ine jnoment taall exceed tweaty.flvedol
lar.thmjDbcaV Irlalf the rh4e aaMter la
i.cuij ii.cQOiiWvwkM, then the caae shall be heard
in tne sppellate court, only upon matters cf law. la all
caes 01 - a CTlmVnsl nular. tK mriv imif
jadmect UciseA tiayappeaf to the Ssnerlor Comrt,
where the matter .k.m K ,m .. SJ
w aw v it. m aac
W SOtJOT ALL KtXDS
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