Newspapers / New Bern Republican (New … / Oct. 6, 1868, edition 1 / Page 4
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IK RELATION TO THE . POWERS AND DUTIES OF CLERKS OF SUPERIOR COURTS. Th General Assembly of North Carolina do I in ifarch and September! SectioH 1. That as this act Win be Incof- m P6? . - wtv, -Wilkes, fourth JLfonday after third Jfonday. riox Court tfea Solicitor for. the Judicial Dl. in march and September. , ; trict shall inspect, the oflce of the. clerk and V Caldwell, sixth Monday after tMrd ifondaj report to the court In Trritfng. ! If any clerk, in inarch and September. . after; beiurr famished with the necessary Burk, eighth xronday after third i JTondaj i Books, ahail tall to keep them tip as required uj law, ne auaii ue jgrmij or a mxsaemeanor, Important Article- ia-the - 1 w C W VUUaMw r o rrrr .V m ft f . . I ABTieLS IV. borated in the sreneral act respecting the prac tice and tiroceedure of the courts, required to ha rptiorted to the General Assembly at its A. AM S 4 A " d resent t aetuuuu, uj uio wuuuissivucn vir- pointed for that purpose, it will be printed in that general act and not elsewhere among the acts oi,Ufiiis uenerai Assemoij, nmess omer- Wise hereafter directed. ELKVKMTU JUDICIAL DtSTKICT. Alleghany'Tconntj,1 the first ""Jtfbndayia April and September. " 1 ?: i . Ash, third Jfondayfcr April and BeptembcSf Wautauga, second ifonday after third 2ba day in April and September. rV k'szH and the Solid tor sisll cause bin to be prose- cutea lor the esse. - If the oouaior shall fau cr neglect to perfom the duty hereby im posed on him, he shall be- Hablej to a penalty or fire hundred dollars to any person who snail m far t& ntae. 1 v JUDICIAL DEPAIlTnENT. 4 unsnifo SUITS. - - - The following sections, numbered 1, 2, 3, KT SEE bf . Slate U i&ffiSl Ap SeptemU Ifitcheli, fourth Jonday after third Ifon- 4, 6, relate excluslrery to actions which 'hare to have the third Section of 'this act. and that portion relating to the Superior Court Clerks, printed at least weekly in' four papers pub lished n this State, and the sum necessary, for that purpose, is hereby appropriated from any priated.. . ' -. : ' "' ' ' Sec 3. The terms of the several Superior Courts of this State shall begin in each year at the times hereinafter stated,, and shall contin ue to be held for two weeks (Sundays and le gal holidays excepted.) unless the business shall be sooner disposed of. . . . . , . irmST JUDICIAL DISTRICT. .crtle county first monday in March and . October. '-y ' ' '" Hertford, third monday in March and Oc tober. -' - ; Gate?), fourth monday after the first lien- been commenced, ana in which no final judx- Tancey, sixth, Monday after third Monday I ment lias been rendered prior to the ritiflca-' tice ahd Prccedure. . , " 1 ) CULTEA T0 DOCKET EOSTtSa SUITS; U Mon- in April and SeDtember. madison, eighth Monday after third day in April and September.. - r - ; - - v isuncomoe; tenth Monday atter tnira Mon day in April and September, r , f f uii'i TWKLPTII JUDICIAL DlSTnCT. iJvU Clay county, the first Monday in April sad September Sea L The clerks of the Superior Courts at the request of a party thereto, within six months from the ratification of a general act respecting the practice and procedure of the Superior Courts of this State, and on the par- Cherokee, third Monday in April and Sep-1 xnent of a fee of one dollar, shall enter on a tember. Macon, second Monday after third Monday In 'April and September. :t 7. If Ait.'f'tA Jackson, fourth Monday after third Monday in Anril and Sentember. ! Haywood, sixth Monday after third Monday I respective counties. id " r'r-. : , ... , I now such suits ftockkdkd wmi. . xransyivania, eignm jionaay aiier imra Monday in April and September. separate docket, all suits, which, at the ratifi cation aforesaid, shall hare been commenced, or in Which final judgment has not been ren dered, In the late County Courts, Superior Courts of law, and Courts of Equity, pf their day in 'March and October. ; - : I . . Ilenderson, -tenth Monday alter third Mon day after .the firstIon: day in April and September ' Chowan, sixth mom day in'March and October. Perquimans, eighth monday after the first monday in March and October. - v v . Pasquotank tenth monday. after the first monday in March and October; - Camden, twelfth monday after the first monday in March and October. ' - Currituck, fourteenth monday after the first monday in March and October. . ... , SECOND JUDICIAL DISTBICT. t , TyreU county the first monday vin Septem ber and February. -' - .- -r Washington, third, monday in September and Fetruary.- J ' ' ' " Marti n , second Monday after the third Mon day in September and February, j '.. Hyde, fourth Monday after the third Mon day in "September and February." j . Beaufort, sixth Monday after the 'third monday in September and February. Pitt; eighth Monday after the third Monday J . in oeptemDer ana jreDruary. . Edgecombe, tenth Monday after the third monday in September and February. i THIRD JUDICIAL DISTTICT. fWayne county the first Monday in Septem ber and February. - Jones, third Monday in September and February. " Onslow, first monday after the fourth Mon day in September and February. , Craven, third monday after the fourth Mon day in September and February. Lenoir, fifth monday after the fourth Mon day in September and February. Greene, seventh monday after the fourth monday in September and February. Carteret, ninth . monday after the fourth Monday in September and February. Wilson, eleventh monday after the fourth monday in September and "February ; FOURTH JUDICIAL. DISTT ICX. Robeson county on the fourth monday in August and February; V Bladen? second monday after the fourth monday in August and February. Columbus, fourth monday after the fourth monday in August and February. Brunswick, sixth monday after the fourth monday in August and . February. New Hanover, eighth monday . after the fourth monday in Augustmd February. Sampson, tenth monday after the fourth monday in August and February. - zi Duplin, twelfth monday after the fourth monday in August and February. FIFTH JUDICIAL DISTRICT. Harnett county . the second Monday in Au gust and February, v v - Moore,"" second monday ' after the second monday in August and February. Montgomery, fourth monday after the sec ond monday hrAugust and February. Stanly, sixth monday after the second mon day in JLngust and February. Union: eighth monday after the second monday in August and February. . - Anson, tenth monday after the second mon day in August and February. , '.V - Richmond, twelfth Monday after the second .monday in August and February. ; Cumberland, fourteenth Monday after the second Monday in August and February. EIXTH JUDICIAL DISTRICT. See; And every suit.not so transferred within the time aforesaid, shall be abated and the-Clerk pL the r Superior .Court shall -tax costs against the parties liable, and collect the jsame by theproper process. J . I Sec. 2. The said suits shall be proceeded in, and tried under the existing laws and rules applicable . thereto, j After final Judgments anall be rendered therein, the Clerk shall en- bcc. l. At the first meeting of the county I ter such judgments on . the execution docket commissioners of each .county after the dee-1 inirpd to be. tent bv him. and the snbse- tion or appointment of any Clerk of a Supe- J quent proceedings shall be as provided for ac- OF THE QUALTJTCATIONS AKD GEN ERAL DUTIES OF CLERKS OF THE SUPERIOR COURTS. Beetles 1 Tim 4Itlet! J?? mxwA .ait 1 bm aboU!l m4 tier J SUUMom form of actum, tor f.1.? Mrtr. liit a perton eaarsd wlU PfS for Um PaUbmnt of thm SAPjS; lmlodion. Feigned iw hIl abftflw l)onlVed 1 the tMX at ! tried oy order ox cx rJLZi'Zt ti 8il Three CommlrtBCT tplAv. UdioooTcnUoa, to report to thn OeflefW Ainbr at lulrrt ession after M eonrtltmtKm BUbe adopte4 by tho'people, rales of practice and procedure In cordaaoe with tbe prorlaione of tbe f oregolnic aectloa, and tbe coarentloa thaU proride f Ue coeamltelooera airaaonafolecoiBpeniatlonv T " Tm ... ! 8oc a; The ium oommlMlonera naa aiao report W the General Aaeeaablj a eoon aa practicable, a code of law of NorU-CaroUa The OoTeroor ahall kaTe powj er to all tSe recmiiciea occnrrlnjr la tUi commlMloa. j - Sec 4. The Jndldal power of tbe State ahall be Tested la a eovrt for tbe trial of Impeachment a Repreme eoBTt, 8aperior coart, coart of jo ticca of thePfeace and epecuu eoerta. . i SecS. The eoert for tbe trial of tapeackaU abaq betbeaenau; aaaajorltrof tbe member than U nee eesary to a qaorwn, and tbe lodgment abaIOM extend berMMi reaaorai iron ana aiaaaauseanoa to moa ozace tn thla 8UU, bat the petty ahall be liable to IndVctaarai and pauiBraeu aocoroiBr to uw. r . Bee. v i.mm jjoomox mpretanTieee eotefr.oui kare tbe power of Impeaching. Hoperaonahanbecon? Tided without the concurrence of two-third of the Senators present. When tbe Gorcmor 1 Impeached the Chief Jutlce than preelde. Sec 7. Treason acsinat the State shau comsut only la leryinf war against It or adbertex to tts enemlea, jtriac them aid and comiorL no pertqn shall be con vlctea of treason nnleea on the testimony of two wtU i to the same orer net, or on ccmiessioa la r; r court shall consist of a Chief jog as long deliver to such commissioners abondtrith1 sufficient sureties, to be approved by them, as is now required hy the law, payable to the State of North Carolina, and with a condition to be void if he shall account for any and! 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 into his possession, by virtue or color; of his , office and shall in all things faithfully perform - the -duties of his office, as they are or hereafter may be prescribed by law. . v'" ...!.-.-, . XXI8TINO JUDGMKNTS KQT DORMANT. Sec. 4. Existing judgments and'decrees not dormant may in like manner be entered on the execution docket, and tbe subsequent proceed ings shall be as is prescribed for actions here after to be commenced, as far as shall be com- fatible with the previous proceedingVand no ien acquired before the rati f cation aforesaid shall be lost by any change of process, occa sioned by this act. - ! " DORMANT JUDGMENTS. j Sec; 5. Judgments or decrees which are dor mant. at the ratification aforesaid, may be re vived or enforced in the manner herein provided. ACTION COMMENCED AFTER THE RATITICA : TIOW TO SECOND OLD DEBTS, &C. j- Sea 6. In all actions hereafter commenced, founded on such contracts as are provided for in an ordinance of the Convention of - this 8tate, entitled "An Ordinance respecting the jurisdiction of the Courts of this State," rati fled on the 14thday 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. . , EXECUTIONS LETTED ON PERSONAL PBOPERTT Sec 7. The late Sheriff of any County hav- . S 1 J J? 1 work corruption of blood or forfeiture. Sec 8. Tbe Supreme i Justice and four Associate Justices, Sec 9. There shall be two term of the Supreme court held at the seat of roTernmcnt of the Bute In each years, commencing on the first Monday In Janus ry. and first Monday In June, and continnlns aa as the public Interest may require. 8ec 10. The Supreme court shall hTe lurisdJctlon to rerlew, upon appeal, any decision of the court be low, noon any matter of law or legal Interference j bat no issue of fact shall be tried before this coart ; and the coart shall hare power to Issue' any remedial writs necessary, to clre it a general seperrisloa and control of the interior courts. Sec 11. The Supreme Coart shall hare original juris-! diction to bear claims against the Bute, but Its decis ions shall be. merely recommendatory ; no procers In the tatare of execution shall Issue thereon ; they shah be reported to the ftext session of the General Assem bly for Its action. - Sec IS. .The State shall be dlrlded Into twelve )adl4 CUU districts for each or wnicn a inaffe snau ne chosen. peri or coart in each county In said district, at least twice In each year, to continue for two hrooxbt before a Justice, hi tmcaedinrs. ad likotbe ahsU Dili a mord of tbe Moediiifi. ad Uko IM aaaae wua ue Ciera of is Superior Crt of hla eoanty. ttgmm racamt, oucrwu uan wy ue axpirsuon e im la com ml im xauars try im nun oc aaty cis kd ut CMfs mm im snensr cam ior im kmn ttMtit to SJ1 the racaacr for tasaaaf ftcSt caselM rcco oc otx or a arpencr cocrt 4TdrcontyabaIl MeoaaoTaesxi, acrwuj un ay tn TTrfmiAsi mt IM sersa. ssa im cus mm m rsuare vw Ui vmM Xm cict. Im J adr tM perHe Otrt (or ruf. comary f m imj twkj! iiu mm no reraiany ncu ; .. . l aHE? U3LIC AII JobiPrintiiigOfflco MIIcclmlt3, ; Club -Houeo," ' Near the Post Office, , " NEW BEJINE. N..C. TJXBS02YS ccenlacUKew Derm. wtH 14 this a X i and comfortaUe place to atop at, Zrcry attention pajd u rneeta. Always awppUedvtth tbe beet ot'Wlnea, Ziqaors, and Ctcara, I I TABLES, . , t NlWSitUMMSmiWUSITpiJ Unswrpassed. . WX. L. PALMXE. HUjl4L - rroprfctor. I T 'A A cents TT anted rem - OFFICIAL HISTORY OF THE WAS. Its Causes, Chnraetcr, Con- dact and Results. JOB PRINTING I By i Hon. Alex. II. .Stephens. Id Hook for all Section and aUJpartie. fTni8 Kteat work presents tbe only complete and iB imparual analysis pobUsbed. and fires tb BOKDS - HOW APPROVED, &C , ,3ec 2. The approval of said bonds . by , tbe commissioners, or a majority of them,, shall be recorded by their clerk, any commissioner dissenting 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 If he was a suretyjthereto. The said bond acknowl edged by the parties thereto, or proved by - a 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, fog in his hands any" Jiere facias execution. rlne 11E6 remedies Snail be had UPOn SaM whirh hna h.n lerled nn norannsl nmnortv nf bonds as are or may be given by law onoffi- the defendants, which is unsold shall proceed bonds. to sell the same as now required - by law,1 he qualification of clerks. 8hall pay over the proceeds after deducting Sec 3. Every clerk of the Superior Court,' his fees, and shall also make return of the writ. before entering on the duties xsf1 his office, I to the Clerk of the Superior Court, of the shall take and subscribe befoie some, officer authorized by law to administer an oath-, the oaths prescribed by taw, and file the same with the Register of Deeds for; the county. . . i FAILURE TO OrVB BOND. Sec 4. In case any elerk shall fail to give county to any Court of which the writ is re turnable, the proceeds to be paid by the Clerk to the parties entitled thereto. j ' EXECUTION SATISFIED. Sea 8. Thesaid'sheriffsRhallinlike man ner return nil executions in their hands which bond and qualify as above directed; the chair j are satisfied, whether by 'a sale of property or man of the 'county commissioners of his coun ty shall immediately inform the Judge of 'the judicial district thereof, who shall thereupon declare the office vacant, and fill the same, and the appointee shall give bond and quali fy as above directed. 4 -. ' : r . j - OFFICE8 WHERE TO BE KEPT. - . - Sec 5. He shall have an office in the court house, or other place provided by the county commissioners, in the county town " of his county. Ue shall give due attendance;! in Serson or by deputy, at his office, daily, (Sun ays and legal holidays excepted,) from 9 o'clock A. m., to three o'clock P. M., and longer when necessary for the dispatch of business. ; - ; ; " TO RECEIVE OFFICIAL PAPERS, &C Sec 6. Immediately af ter he shall have given bond and qualified as af orosaid, he shall receive from the late Clerk of thA Cnnntv nd Granville county second Monday in August Superior Courts, and Clerk and Master of the otherwise, and shall thereof. pay over any proceeds EXECUTIONS NOT LEVIED and February. Warren, second Monday after the second monday in August and February. Franklin, fourth Monday after the second monday in August and February. Johnston, sixth Monday after the second Monday in Agust and February. Wake, eighth Monday after the second Mon day in August and February . Nash, tenth monday after the second Mon day in August and February. Halifax, twelfth Monday after th second monday in August1 ana cDruary. AT ALL, OR LEV IED Oil REAL PROPERTY. - 1 - Sec 0 As soon as the successors of the said, late Sherriffs shall have qualified and given bonds af required by law, the said late Sheriffs' 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 whole or In part re mains unsold, with a return stating any re ceipt of money by them, and their action 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 of the Superior! Court of the county, (or) to who shall hold a superior coart weeks unless the business shall be sooner disposed of. Sec IS. Until altered by law the following siU be the judicial districts. ! First District Currituck, Camden. Pasquotank, Per qntmans, Chowan. Gates, Uerttord. Bertie. . . ! i Second District TyrelL 11 yds. Washington, Bean- fort. Martin, Pitt, Edgecombe. t Third District CrsTeix. Carteret, Jonea, Onslow, Greene, Lenoir. Wayne, Wilson. j Fourth rrtrict Brunswick, New IUnoTef, DvpUn, Col am bus, Bladen, 8am peon. Robeson. Fifth District Cumberland. Uaroett, Moore, Rich-' mond, Anson, Montgomery, Stanly, Union. f Sixth . District Northampton, Warren, Halifax Wake, Kaab, Franklin, Johnston. Granrllle. - Serenth District Person. . Orsn?e. Chatham, Has tnlnh. rSnllfnnl. Alam&ne. rnr)l rtnklnciBmi t . iSghth District Stokes, Forrytbe, Daridsoo, Itow an. Dane, Yaoain, tnrry. ; Ninth District Catawba. Cabarras. Mecklenborg Lincoln, Gaston, ClcTcIand, Rutherford, Polk. Tenth District Iredell, Boxke, Caldwell W likes,' Alexander. McDoweL ' Elerenth Di st rlct A Bethany. A he.'Ws tana, M ltch ell, Yancey, Madison, Buncombe. Twelfth District Ilenderson, TransylTanla, Hay wood, Macon, Jackson, Clay, Cherokee. Sec. 14. Erery jnde of a Snrertor Coart shall reside in his district while holding hjs oflce. The jndgea mayexchaare districts with each other with tbe eon- sent of treuorernor. and theGorernor for pood rea sons which he shall report to the Legislature at Its cur-' rent or next session, may require any judee to hold one or more specified terms of said courts in lien of tbe iodee in wjose district they are. . Sec 15. The Superior Courts. shall hare exelasfre. original jurisdiction or aucml. actions, whereof ex clusire original iurisdictlon Is not clren to some other Courts, and of all criminal actions in which the pnaUh ment may exceed a Hue of SIty dollars or Imprisonment for one month. Sec' 16. The superior courts shall hsTe appellste ya rifdiction of all Issues of law or (set, determined by a Probate Jud pe or a Justice of the Peace, where the matter in controrersy exceeds tWenty-flre dollars, and of matters of law in all cases. See. 17; The clerks of the superior courts shall hare iurisdictlon of the probate of deeds, the crantlDj: of letters testamentary and of admlnirtrstion, the ap pointment of fruanilana. the apprentlrtnr of orphans to audit the accounts of executors, administrators and jruardlans, and of such other matters as shall be pre - scribed by law. All Isssues of facta joined before thenv I hall tut irnafrvwl tA t K. annrlnr mHi (r 4a1 and appeals shall lie to the superior couits frow their judgments in all matters of law. Sec. 18. In all tones of fact, joined In any court. the parties may waire tbe rieht to hare tbe same detcrml ned by jury. In which case the finding of the Judge p-k on the fact, shall hare the fore and effect of a yary. See. 19. The General Aasemby shall nstrrVde for th establishment of 8 pedal eourte, for the trial of Usdet meanora, tn dtles and towns, where tbe same may be. necessary. XL tbe of the War yet Interior ticbu and shadows of the treat eonfilct only known to those hlxh oBcers who watched the flood-tide of rerolntloa frosa its fountain springs, and which were so accessible to Mr. Stephens from ala posltloa aa second oSccr of the Confederacy, To i Mblle that baa bm surfeited with APPA- KKNTLY SIMILAR PRODUCTIONS, wo promise a thanjre of fare, both ajrreeable and salutary, and sa l tellectaal treat of the btgheet order. The Great Ame rican War has AT LAST f oaad a hislorisa worthy of Its Importance. aa4 at whoM bauds It win imtn ikaL moderate, candid and Impartial treatment which truth ana justice so urrsnuy cemand. -Tbe Intense desire erery where manifested toohtala this work, its Oficial character and ready uW, tinm blned with aa increased commission, make It the beat aabacriptlon book ever pubUsbed. ' One Axeat la Kaeton, Pa, reports TS sabserfbrrs la three dsya. j Ooe la Dostoh, Masa in subscrfbers la foor days. , One la Memphis, Tenau. IOC subscribers la five days Bend for Circulars and see our terms, and a fun da ecriptlon of the work, with Press notice of ad ranee sheets, Ave. Address NATIONAL PTnrLISIirjCGS (X. M South Seventh St- FhlladrJrhla. Pa. JOB PJlINTIKOi JTJB PRINTING ! JOB PR1XTJXGU GERilANTOWN TELEGRAPH. A FiVMlIiY and aa AGUI CULTURAL JOVJXKAJL. Wt ca3 the aUeaUo of the rabllc U the reornt U. tlon to oar ofSca of acosa(4rf $ Jobrf PiintiDg Establishmeiit. WITH JTZTTr MESSES Cf Vh most ImproTtw and fterha. 8e.. The Clerk of the Sucreme Court shsllWi ppciutea oy tne court ana snail bold ais oocezot eight years. 1 See. SI. A Clerk of the Superior Court for each Court of Equity of the county all records,' I Coart of rhich the writ is retnmsbla dooks, papers, money and property of their respective offices, and give receipts for the same; and if any snch late clerk, or clerks and master, shall refuse or fail -within a rea4 sonahle time after demand to.deliver such re cords, books, papers, money and property, they shall be respectively liable on their offi cial bonds for the value thereof, and be held guilty of a misdemeanor. TO KEEP RECORDS, &C Sec. 7. He shall keep in bound vol imes a Northampton fourteenth Monday after tho I complete and faithful recorcTof all his official second Monday in August and February. SEVENTH JUDICIAL DISTICT. Guilford ttuhtvV !the' ' first ! Mduday in March and Beptember. Rockingham, , the second Monday after the first Monday in March and September. Caswell, fourth monday after the first Mon day in March and September.-- Person, sixth monday after the first Mon day in March and September. - Orange, eighth monday after the first Mon day in March and Septembers ., , V,- Chatham,-tenth monday after the first Jfon day in march and September.1 J Randolph, twelfth Jfonday after the first Jbnday in ifarch and September. ? Alamance, fourteentri Jfonday after ? tho first Monday in jlarch and September. ; EIGHTH JUDICIAL DISTRICT. ": Davie county; the first ifonday in April and September, '--v? -i V " ;Wv r Rowan, third Monday in April and Septem ber. Davidson, second ibnday after th third Jfonday in Aprir and September. Foray the, fourth Jonday after the third Jbnday in April and September. Stokes, sixth Jonday after the third Jon day in April and September. . . Surry, eighth ibnday after the third Mon day in April and Septeml)er. j ' Yadkin, tenth Jbnday after the third Mon day in April and September. ! ' .: " NINTH JUDICIAL DISTRICT. Folk county, the first Jonday in Jf arch and - Beptember. . . -.. . ' . -, . -: - Rutherford, third ifonday in Jarch and September. V . , Clevelsnd, second Jfooday after the third 3fonday in ifarch and September. ,:. Lincoln, fourth . Jfonday after third Jon day in Jarch and September. Gaston, sixth Jfonday after third Jonday in Jarch and September. Jecklenburg, eighth Jonday after third Jonday In Jarch and September. Cabarrus, tenth Jbnday after third Jfonday in Jarch and September.. -; " - 1 vTENTU JUDICIAL r DISTRICT. ; ) ' Catawba county, first Jfonday in Jarch and ' September, p ' .-y.., Alexander, third Jfonday in Jfarch and September. Iredell, second Monday after third Monday in March and September.". acts, and give copies thereof to all persons de siring tnem, on payment of the legal fees. ;' ' BooES to me wept bt thjb clerxs.- r 1 Sec. & The clerk shall keep the following books: :. : t t; 1. A docket of all writs of summons, or other original process issued by him, or re turned to his office. -This docket : shall Con tain a brief note of eVery J proceeding what ever J in, each action, up to the final judgment indusivr. ' 2. An Execution Docket, in which Ah-ub stanse of the judgement shall be recorded, and every proceeding subsequent thereto, noted, with an alphabetical indexU '. . ' ' 3. A Docket of all issues of fact joined upon the pleadings and other matters, triable before a jury, and of all other matters for hearing before the judges at a regular term of the Court, a copy or which shall be fur nished to the judge at the commencement of each term. ; . 4. An alphabetical index according to the names of the plaintiffs, of a 11 " final judg ments in civil action, rendered in the court,! general or srcdal ordesuedy th'eCeni with the dates and numbers thereof, j '4riiMaK.lv rmmiLr1ino- tKAmilitir nictt Any Sheriff f aUinc to make due returns of such writs delivered to him, shall forefeit and pay one hundred dollars, to any person grieved thereby, to be recovered on motion to the Court before which the writ is requir ed to be returned. All proceeds of executions in part only satisfied, while in the bands of any late Sheriff, shall be paid by him to the clerk of the Superior court of . the county, to any court of which the writ Is returnable for the use of the parties entitled thereto under the 'penal ties now provided by law in case of failure. - i EXECUTIONS TO BE DOCKETED. .. 8 eg. 10. The clerk of any Superior Court to .which any execution shall lie re turned as is above prescribed shall at the r- quest of any person interested therein, and on the payment of one dollar, enter such ex ecutions, on his execution docket; and tire like process may be thereafter, bad thereon as is provided in similar cases nn judgements recovered after the ratification of this act. j . PENALTY ,ON SHERIFFS . FOR V AILING TO " Sec 11. Any late Sheriff or other officer haying executions in his hands, and. failing to' makS .due return thereof and U proceed as herein prescribed shall In .each .case forfeit and pay to any any person grieved, one hun dred dollars be recovered on motion: of the court- ! : , JUDOICENT NOT ' DORUAVT WHEN an. i o XT 4j v n i t.i.i . I have, become 'dormant by reason ofj any stay ox execuiian luereon .in oDeuience u anv i: 5. A-LHcKet or an criminal actions, con taining a note of every proceeding in each. ; BY WnOil THE BOOKS ArE TO BE FUTN- 5 ' -J ISItED - - ' v. ; J Sec. 0. The books specified in the above section shall be supplied to the clerks of the several counties by the Secretary of State, at the expense of the State, and the Secretary shau, as soon as possible, transmit an ac count thereof to the chairman of the County Commissioners, in order that the- price may be levied in the county taxes, and. also the Auditor of public accounts, who shall add the same to the taxes of the respective coun ties, and receive and account for it .asfor other taxes. The commissioners of any coun ty failing to cause such sum to be levied with the other county taxes, shall be guilty of a misdemeanor. ; PAPETS IN EACH ACTION TO BE KEPT 8EP : Rpk 10 The clerk shall keen the carjcrs in each action in s separate Toll or bunole, and . ItalHvK August 22L 18C8 - at its termination attach together, properly - , Ij Henry Jr Menninger, Secretary of State, lfthl and file them in order of the date of the I herebv rrtifV that the foregoing is a trne copy- of tbe original act on nie in mis oracc li. j. JUJMninuisjt, . . . - Secretary of JStaU. Aug;23:-4wr:'- ' . of which the State of North CaroKnaformed a part, and the time during which execution was so stayed, shall not be counkd in deter mining any question respecting a. judgment being dormant. . V. . o . f-' ORDINANCE OP 14TH OF MARCH 1808, NOT AFFECTED. ''- : Sec. 13. Nothing in this act contained shall affect or impair any right given by an ordinance of the Convention of this 8tate, entitled "an Ordinance respecting the juris diction of the Courts of this State," ratified the Uth day of March 1868, in. the cases to which it is applicable. . I Ratified the1 14th day of August, A. D., 1868. ' (Signed,) JOS. TV. HOLDEN, Speaker House of Representatives. ' - (Slimed TOD R. CALDWELL. I iesiaent ox tne cenate. ;STATBOF NORTH CAROLINA, f I OFFICE DECBjCTABT OF OTATK, ''JO, final judgment SOLICITORS TO EXAMINE EJECOrDS, AC. Sec. 11. At eyery regular term of a Supe eoanty, shall be elected by the qaallfled rotera thereof, at the time and la the manner prescribed by lav, foe tbe election ot members of the Genera! Assembly. f Sects.- Clerks. mt ta Bnperion Cotirta ahaB Isold their offices for four years. t ? t Sec. S3. Tbe General Assembly shall prescribe and t reflate tbe fees, salaries, and emolument of all of3 eers prorlded for In this Article; but the salaries of the Judges shall not be diminished daring their cost! a nance In office, . Sec' ii. Tbe laws of North Carolina, not repnrnant to thla Constitution, or to the Constitution sod laws' of tbe United States, shall be In force nntll lawfnQy si. tered. 8ec 15. Actions at law, and suit la equity, pending when this Constitution shall go nto effect, shall be transferred to the courts baring Jarltdlctioe thereof, withoit prejudice by reason of the change, and all sacbr action and salts, commenced before, and readier at. the adoption by tbe General Assembly, of the rnles of practice and procedare herein proTtded for, shall be heard and determined, according to tbe practice now In use, onlesa otherwise pro Tided for by said raJea. ( ' Sac SS. The jnstlces of tbe Sapreme Conrt shall be elected br the qualified Totera of the State, aa la prorl ded for the election of members of the General Assem bly. They shall hold their office for eifht yaara. Tbe Jndgeeof tbe Superior Coart shall be elected ta like manner, and ahall hold their office for eixht years ; bnt the Jndgeaof tbe Superior Coerts elected at the Srst election under this conatltatloa, shall, after their elec tion, nnder the snperlntendcnce of the yasticee of the Mapreme Coart, be dl Tided by lot Into two equal rtmis. one of which shall hokl office for f oar years, the other for eight years. j Sec ST. The General Assembly may proride by law that the iadrcs ot thttaDertorCorla. Instead of be. lng elected by the voters of tbe bote State, as Is here J en prorwec ior. snau be elected or the roterr of tvelr rusoectlre distrleta. i t Sec SS. The Superior CoorU shall he. at aO time, open for the transaction of sll boslneas within their Ju risdiction, except the trial of Issues of fact requiring 6ec'.' 'A soljcilor shall be elected for each Judicial dlatrtet hy the qualified rotors thereof; Is prescribed for members of the Qeoersl Assembly, who sbsil hold office for the term of four-years, and prosecute on be half of the Bute, in all criminal actions la tbe Superior Courts, and adrise the officers of justice la his dis trict, r ; - Sec SO. In each county a Sheriff and Coroner. sWl be elected by the qualified roters thereof, aa- lis pre. scribed for members of the General Assembly, and shall noiatneir offices for two yesrr. in each township there shall be a Constable elected In like manner by the' voters thereof, who shall hold his office for- two yeara. When there Is no coroner In the county, the Clerk; of the Snperior Court for the county may appoint one for spcoai casea. in case of a racancy existing for any cause, in any of the offices created by thla section,! the Commissioners for the county may appoint to such I of fice for the unexpired term. j Sec Zi:: AU vacancies oceurrlagrn the offices prorl ded for by thla Article of the Constitution, ahall b filled by the appointment of theGorernor, unless oth erwise prorlded for, and the appointee shall hold their place aatil the next regular election. Sec 23. Tbe officer elected at the first election held under this Constitution, shaJl hold their offices for the terms prescribed for them respectlrely, next ensuing after the next regular election for soembers of the Gen eral Aaaemtxy. isut their terms snau begla upon the approral of thla Conatltatloa by the Coxreaa of ! the United State. Sec S3. Tbeeereral Justleeeof tb peace ahiama exdurire orlgtnal iurUdlctkn under aarb MUrtM a th General Assembly shall prescribe, of ail cirll ae- Mo-. lojumea cwuacx. wDereiu uu sum demsaded shall not exeeed two hundred doQara, and wherein the H!1-i0re! eute n Botbe ia cotxtrorerry. and of all criminal matters arising within their cowutiere w puiiiuksu cannot exceed a fine of flftrtloQara. er Imprisonment for one month. When aa 1mm oi fact ahaU be joined before a Justice en demand S either party thereto, he should cause a Jury of rixmea tobeaaaaaoned, who shall trythesaxae. ThVpertr agaut whom judgment ahaD bi rendered laiaySS ISJS11.! 10 oTperior Court froi the Same and if the dnnmt itxTX J m , j.i JtJS? may be a new trial of the whole matter la Jheirppellate court; but If the Judgment shall be for twenty-ire dollars or less, then the case ahall be heard in the appellate court, only wpea matters of bnr. In an of a criminal nature the party against whom iTiP0?1 " Tcn m2,PP1 to the 8upcrior Court, V where the matter; hallle heard tew. la all caees . Deroted to CHOICE LITXRATTTRXL lacf sdlmr Poe try, KoTelette, Tate and Moral and Eaterulning Erad lag. generally. Ia the Literary Departaet we shall present the choicest varieties within the reach of our extended meana. Tbe Novelette, Tahrs, Poetry, ttc, shall be r applied from the best and hlgbtoroe, and be equal to anything to be found la any Journal or mag. xine , ' ....... AGIUCULTTHE AND noBTicrLTrnx. Embracing Farmtng. Gardening. Fruit-fl)lnr. etc Our labors In this department for over tblrtr year. bSTe met the cordial appmbation of tbe tmhllr. Onr purpose has been to famish useful sad rrUabk Inform, stion upon these Tery Impoitsnt branrhe of lndtry and to protect them so far as within our ponrr against the false doctrines and selfish fnrpoM-a of the many empirics and eenasUon drrntarcr by which the farm er Is incessantly asaalled. This portion of the flra auTtrra TxxxcaarB is slon worth the prlc of sub scription. raWS DEPARTMENT. The same tndaslry. care and dlscrimlnstloa In fath ering end preparing the stirring errata of tbe day. ri prIy for this paper, which hitherto has bora ooe of Ita marked feature and girea sach nnirersa) aatlsfae tion. will be contlnned with rrdoebled rff orta to meet tbe lTereaslng demands of tbe public TERMS. Two doriars aod fifty rests ner annum.-. No orders referred without tbe cash. anaaU sabacrip Uona stopped at tb cod of the tlaa paid tor. Speci men numbers eeut. Addrre ITIIUP B. PBEAS. Editor end Proprietor. Oermaatowa, Philadelphia, Pa. JonelMm. New TjTe, Borders and Cuts, from the PIUST FOUNDIUI IN THE COUKTRT Experienced "Worimen, and a desire to Wild ap s loslaso by firing uZCm Uoa to our patrooa. JOB f 0R1 wr soucrr all eixdi BOKE AT JOB WORK, With the awraranco that It will t dxa ' as KEATT.Y aod as CIIEAFLt as it could be done cUevbcres DAVE TOCR DILlr-UEAD.:,, THE UA2HX-DXLL8. : V ..jS. 'i t cajws9 ; CATALOGUES, DT-LATrS, V.: LEGAL : ELECTOS NOTICES, ETC ETC XTC .1 Printed zt tho "REPUBLICAN " 0ITIR "at-" Ha 39 Cravek Street a
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 6, 1868, edition 1
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