Newspapers / New Bern Republican (New … / Oct. 15, 1868, edition 1 / Page 4
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AW-'ACT-' IN RELATION TO THE POWERS AND DUTIES OF CLERKS OF SUPERIOR OAITIJTU . i. . . ... ..... . ; . . i.. . ... . ' - - . tk rirnrral Axxemblu vf North Carolina do enact: I -'. f) ,sr' , . Section 1. That lis this act will be incor potatetl In the general act respecting the prac tice and proceedure of the courts, required to bV reported to the General Assembly at its present session, : by the commissioners ap pointed for that purpose, it will be printed in that general act and not elsewhere among the nets of this General Assembly, unless other- wise uereaiicr uirecMxi.-- m v . a "! oec. . i ue Df crciary oi oiaie is required to have the third section of this act, and that Wilkes, fourth ifondarifter third Ifonday I Hbr Court, the Solicitor for the Judicial Dls . e s a-t w r ft . in marcji ana Depiemocr. . CaldwelL sixth ifondar after in marcn ana September. k. . i atter oeing turnisnea jriui me necessary Bark, eighth JfondHV 'after third . iondav I books, shall fall to keen them ud as rennlred in Jtfarch and September. . . , 1 by lav, he shall be gu(lty.of a misdemeanor," icDowell. tenth Jbndar after third ACon- and the Solicits? ihall caUse him to fce jimw. dav in Jarch and Sentember. 5 " fctltedioritheame. If te Solid tot shall fait "!:, , . . i. , .. . :.... i ...... . ...'-'. .v, - .t . ! -t I a .7 . . v . - s ! ,. I . or neglect to perform tne auty nercoy im nrtson nn mm h aitn m i iia.nim rn twnaiiv the first JTonday. Jn 1 f five hundred dollars to any person who shall sue for the same. Important Article in ; the TciT Constitution. ; ARTICLE IV, J:- ELEVENTH JUDICIAL PISTRICT. ; JUDICIAL DEPARTMENT Boetlool.: Th dJaUnctloii betwvea ctlwn It lft Alleghany county. ADril and Rent ember. A8b, tuira -fiionday la Apni aoa Mepiember. Wautaug&i second Jfonday after third Jbn- ? BXISTECO STJITa." - The following sections, numbered 1, 2, 8, portion relating to the Superior Court Clerks, in PJ?1 ad! September. ifitchell, fourth. JtTonday, after third Mon-14. 5. relate exclusively to actions which have day in April and Beptemberf iij 1 1 "been commenced, and in which no final judg- Yancey, sixth Monday after third Monday ment nas been renaerea prior lo ine ratlfica tnadison, eichth Monday after third non- day in April and September. K! :-: ':.) ' Buncombe; tenth Monday after third Mon day in April and September. TWELPTIf JVVICIXL DlSTflCTn r Clay county, the first Monday in April and " September, f ' -:!.r 1 " " A Cherokee, third Monday in Apnl and Sep- tiTnrwr ; -.e- Transylvania, eighth r Monday after third Monday In April and September. " ' uenaerson, tenin Monaay alter inira Mon- nrintcd at least weekly in four papers pub lished in this State, and the sum necessary for tnat purpose, is hereby appropriated from any monies in the Treasury not otherwise appro- priated. - :-' :"! W:. 8ec. 3.- The terms of the several Superior Courts of this State shall begin in each year at the times nereinaiicr suuea, ana snau conim tie to be held for two weeks (8undays and le gal holidays excepted,) unless the business shall be sooner disposed of, . --. . . ' V V Flit ST JUDICIAL DISTRICT. 1 1 a - i .,riie county first monday in March and October. ' V ulj.7V:',f- .lieriioru, uura monuayia jjiarcu sou uc tober. ' r "" ' '. V.;l''V; - Gates, fourth monday after the first Mon day infMarclt and October ,' ' T ; . .Chowan. si.v th monday after the first Mon-1 day in April and September, uay in Aiarcii ana uciooer. f . r Perquimans, eighth monday after the first monday in March and October.; . ,. , i 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. . 1 v . w SECOND JUDICIAL DISTRICT. r Tyrell county the first monday. in Septem ber and .February. f . "Washington, third monday in September and February. f . ; f '.. -Martin, second Monday after the third Mon- day in September and February, v ; ' " Ilyde, fourth Monday after the third Mon :dav in September and February. I Beaufort, sixth Monday after the third , monday in September and February. ' .Pitt, --eighth Mondav after the tuira Monaay in September and February. h r : ) . Edgecombe, . tenth Monday after the third monday in September and February. tion of this act, as a part ef the Code of Prac tice ajid. Procedure. .? ' s . r, CErKS T&boCRXT KX1ST1KO SUITS.- ' l ' Sh 1; The clerks of the SuDenor Cnnrtu at the request of a. party thereto, within six months from the ratification oi a general act respecting the practice and procedure of the rm n C it? O . 1 superior vouru ox iuis oiave, ana on me pay- ment ot a Tee ot one oouar, snail enter on a separate docket, all suits, which, at the ratifl- ,iw i cation aforesaid. shalLhave been commenced. in April and September. w injvhlJ.final judgment Jim not Uetp renr Jackson, fourth Monday after third Monday defeJT In "the'late Connfr Courts, Superior iii April and September. Courts of law, and Courts of Equity, of their ; J Haywood, sixth Monday" after third Monday i respective counties. in April and September. . ' . now sucn sur F THE QUALIFICATIONS AND GEN ERAL DUTIES OF CLERKS OF "THE -SUPERIOR COURTS. , . V Sec 1. At the first meeting of, the .county commissioners of each county after the elec tion or appointment of any Clerk of a Supe rior Court, it shall be the duty of the clerk to deliver to such commissioners a bond, with 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 f andl pay over according to law all K 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 whichhavecome or may come into his possession, by virtue or color of bis office, and: shall in .all things faithfully perform the 'duties of his office. as they are or hereafter may be prescribed by iaw. i . BONDS HOW APPROVED. &C. Wayne county the first Monday in Septem- I Sec. 2. The approval of said .bonds by, the w v m a w -w v -mm u m-r "Sec. 3. And every suit not so transferred within the time aforesaid, shall be abated and the Clerk fof :the Superior Court. shall tax costs' against the parties liable, and'collect the same by the proper process, r , Sea 2. The said suits shall be proceeded in, and tried under the existing laws and rules applicable thereto. After final rjudgmeots shall be rendered tnerein, tbe.Clerk shall en ter such judgments on the execution docket required to be kept by him, and the subse quent proceedings shall be as provided forac- t X L 1 1 . lion uereaiter.uj uc wiuwtuvcu. rw EZXSTXK6JUDOMkKT8 KOT -DORMAKtI Sea 4. Existing judgments and decrees not dormant may in like manner be entered on the execution docket, and the subsequent proceed- Ines, shall be a is prescribea. for acuons here after to be commenced, as far as shall be com patible with .the previous proceedings, and no lien acquired before the ratification aforesaid shall be lost by any change of process, occa sioned by this act. . 1 DORMANT JUDGMENTS. t Sea 5. Judgments or decrees which are dor mant at the ratification aforesaid, may bo re vived or enforced in the manner herein provi ded. -. bor and February. Jones, third' Monday" in September and ;February.- ..... .i .'t . : Onslow, first monday after the fourth Mon day in September and February. ; Craven, third monday after. the fourth Mon day in September and February. . tcnoir, fifth monday after the fourth Mon, dav'in Sept6mher and February". I Greene, seventh monday after the fourth liiomlay in September and February. - v Carteret, ninth mondav after, the fourth 'Monday in September and February, : 1 x -"Wilson, cloventh monday after; tho. fourth monday in. September and February. f POURTII JUDIClAIi DISTr ICT. iTie lite 1 remedies shall be: had upon' said Iwndft aSJITfi AT msivllA VlVATI r law nn nffl. Robeson county on the fourth monday in 1 bonds. r . . r ir. August and February. V " :rr?i. I qualification of culrkk. commissioners, or a majority of them, shall bfe recorded by their clerk,' any commissioner j s . : ! if . . . uwscuuug may rause uis uisseni 10 DC enter ea on recora. Any commissioner approving a bond which he knows or believes to be in sufficient, shall personally 'beliableVas if ih vvusu &urciy muretu. ne saia Dona acKnowi edged by the parties thereto, or proved by a Duuouiuuig (w i wess, uciure iiie t;ierK oi saia commissioners, as their presiding officeri'reg'-,E istered ! in the office of the register of the county, in scperate book to belcept by hini for the registration of official bonds,and 1 the original with the approval Uhereof endorsed deposited, with the register for safe keeping, iing-in his .hands any 'Jlere facia execution. ACTION COMMraCKD;ATTERt TBji RATIFICA- ! r TiOifTasECONroiKSTa, dfe i Sec. 6. In all actions hereafter commenced, .founded on such contracts as are provided, jfor in an ordiuauce,Qf .the Co'nventionvOfthU State, entitled A An iQrdlnanco respecting the jurisuiunuii ui i lit vrtiuria oi ims oiaie, rail fied on the 14th day of March, 1868, the s,um mons shall be made returnable to the term of the Superior Cpurt therein designated, and the isubsqueritproceedipgs Shall be In accordance ; with the provisionsof said act. ! EXECUTIONS LEVIED O.N PEBSONAI. PROPERTY Sec. 7. The late Sheriff of any County hay and iniu lo eqaltT, oa u wnm w wui incn cuont and aolu miaU. be abolUoed ud tter nhtll bm la tU 8Ute bot one form of ctlon, for the enforcement or protection of prirate rights ' or the redrew of print wrong wuca enu oe aenonuiuwu uju kuob ; ua ererr action resented by the people of the 8UU aa a. partr. azainit a penoo charged with a public offence. for the Banishment of the same, shall be termed a crlas- tnal action. Feigned Issues shall also be abolished and the fact at issue tried by order of conrt before a jary. See. x. Three Commissioners saau do appointed by this conrentlon, to report to the General Aeeemhly at its first session after this confutation shall be adopted by the people, roles of practice and procedure In ac cordance with the proYilons of the f orrgolag aection. and the conrentlon shall pro Tide f .r the commissioners a reasonable compensation. 1 .,.., bee. S. The same commissioners shall also report to the General Assembly as soon as pradlcole. a cods of law of North-Carolina. ' The Governor shall hare pow. er to fill the vacancies occsrrlng In thla commlasion. . i Sec. 4. The judicial powerof Lhe Sute a hail be reste4 in a court for the trial of lmpeachmeau a Supreme conrt, 8aperior courts, court of jastlcta of the Peace ana speaai courts. - - See, The court for the trial of impeacfcmetoU ak03 be the senate; a majority of the member ahall be nec essory to a quorum, and the judgment fcalx extend beyond remoral from and dleqaailfication to bold omce in thla BUte, but the party shall be Uabluto txadlctmest: and punishment according to law. .,, i " Sec C The House of Reprrsentollres solely, shall hare the power of impeacMBg. Kopersos bal) be con Tided without the concurrence of two-thirds of the Senators present. .When the Gorernor Is Impeached the Chief Justice attan preside. - r,, Sec'T. Treason agsinst the State shall consist only in levying war against It or. adhering to its enemlea, gtrtng them old and comfort. Jio person shall be cent dieted of treason unless on the testimony of two wilt oesses to the same orer ocVor on confession In open court. No conviction of treason or attainder .shall Sec 8. The Supreme court shall consist of a Chi Justice and four Associate Justices, ' Sec m There ahall be twa trm r,t i Rimmn. court held at the seat of corernment of the Sute ta each years, commencing on the first If onday In J anus ry, and first Monday in June, and continuing as long as the public Interest may require. ... . Sec lOt The Supreme court shall Kara mArir to review, upon appeal, aay decision of the courts bel low, upon any &"ttr of Uw or legal interference ; but no lastie of fsct shall be tried before this court; and the court ahall have power to Issue anr remedial wrlu necessary, to give it a general saperrUlon and control of the Inferior courts. . , t ' Sec 11. The Supreme Court shall have orlrlnal iurisv diction to hear claims against the Sute, bat 1U decisw lons shall be merely recommendatory: no process In the nature of execution ahall Issue thereon ; they shall be reported to the next session of the General Assem bly for Its sction. i Sec 12. The SUte shall be divided Into twelve judi cial diftrlcU for each of which a lodge shall be chosen, who ahall hold a superior court In each county In said district, at least twice la each year, to continue for two weeks unless the business shall be sooner disposed of. SeclS. Until altered bylaw the follovrfnf iU be thejndicial districts. Fust District Curritsck. Camden, Pasquotank, Per qaimanR, Chowan, Gates. Hertford. Bertie. 1 Second District TyrelU Uyde, Washington, Beau, fort, Martin, Pitt, Edgecombe Third District Craveu. Carteret, Jones, Onslow, Greene Lenoir. Wsvne. Wllsoa. t J brought before a 1 astlce. be than make, a record of the ..rinr Vkirt of his eonmtr. Sec St. When the oCse of JasUee of the Peace shs3 MOome vacant, otherwise than by the arptratloa of Um ii.. .twI !b mm of the failure bv the voters of any dis trict to elect the clerk of the superior court for the cooctr. shall appotal to all the vacstocy lor the unex pired term. .an Tfieawdharficoof clerk of a wpetiot eotrrt foratctcfity shall become vacasii oilserwls i-thoa by v...MtTflaf th term, and In case of nfoUarebv the people to elect, the Jodge of the Superior Court f or tneeountysBAu j7w ,iwt- - election can be regiiarry bold. . , . CC CO "llcrclianta' ; ClubHonco,'' I 1 CBAtXX BTXZXT. i Near tie Post Office, ..V.NE W PE U KE; N, C TirmsOXS rumls? to Krw Bern. wlH tad this a nest A x4 comfortable place to stop at. .Srary st Tent Ion paid to guests. ' - ' 'BAR I Always supplied with the best of Wbsea, Uqoora, OgSTS, I TABLES, Wlli OH the market will sxrypjy.' ' . LopazxGSi r Unsurpassed. " f 1 WJC L. TP AUK KB. 14.. . .-in .Pit ; y ''0 Moyt-X4f. .rtsprietor.. Agents .Wanted 1J laden, second monday . after ' the fourth monday in August and February, ', .-: ,,,, , , Columbus, fourth monday after the fourth - -monday in August and February; :l - r . Brunswick, sixth monday after the fourth monday in August and February, . , . w A New Ilanoyer, eighth imonday. after the fourth monday In August and February; Samnson. tenth monday after the fourth monday in August and February. ec. .3. Every- clerk of the Sunerior Oonrt before entering on the duties, of his ofBce shall take and subscribe before some ofljeer authorized by law to administer an oath, , the oaths prescribed by , law T aud-file. the. game with the Register of Deeds for the county. ' f (rj "i ' FATLDBE TO GIVE llOKI. ; Sec 4. In case any elerk shall fail to crlve -which has leen levied on personal property of tne aeienaants, -wnicn is unsoia snail proceed to sell the same as now required by law, he shall pay over the proceeds after deducting his fees, and shall also make return of the writ, to theCHerk of the Superior Court, of the county to any Court of which : the writ ia..re turnable, 1 the proceecU to be' paid by the Clerk to the parties entitled thereto. . T ;- . EXECUTION SATISFIED ' 8cc;5 & -The said sheriffs shall In like man ner return all executions in their hands which Fourth District Brunswick. New TJsnorer. Dunlin! Colambua,'Bladen. Sampson, Robeson.- - ' -,'- i t Fifth District Cumberland. HarnctC Moored Klcb mood. Anson, Montgomery, Stanly, Union. . : Sixth Dlstrlctr-Northsmpton, Warren. Halifax, Wake, Nosh, Franklin, Johnston, OraovlUe. ; -f ' Seventh District rerson. Orange, Chatham, Hon. dolph, Guilford, Alamance; CsswelU Rockingham. ; : Eighth Dlstrict--8tokeaf Forsyte, Davidson, Row an, Davie, Yadkin, Surry. . i S ' Ninth District Catawba. Cabarras. Mecklenburg, Tenth District IredelL Burke. CaldwelL Wilkes.' Alexander, McDoweL : : Eleventh District Alleghany, Ashe, Watauga, Mitch ell, Yancey, Msdlson, Buncombe.' - j Twelfth District Henderson. Tranarlvanla. liar- wood, Macon, Jackson, Clay. Cherokee. f ) Sec 14. Every judge of a Sorerior Court shall resd in his district while holding his office. The judge may exchange districts with each other with the con sent of tie Governor, and the Governor for good rea sons which he shall report to thu Legislature at Its enrr rent or next session, may require any judge to hold one or more speanea terms oi earn courts in Ilea of the; judge in wjose district they are. t 1 See, us Tbo superior .xorU shall have exclusive' original jurisdiction -of all cItH" actions, whereof ex-T elusive original jurisdiction Is not given to some other; Courts, and of all criminal sctlons It) which the pnnlsh ment msy exceed a fine of fifty dollars or Imprisonment for one month. - . j Sec 10. The superior courts shall have appellate juJ risaicuon or ail issues oi iaw or I act. determined hi ro OFFICIAL HISTORY OF THE WAR, , , , . ; t ' Its Causes, Character, Con duct and Results. By Hon. Alex. II. Stepliens A Book for all Section and all Parties. fTinS great wotk preseBts the only rosoplete and 1 impartial analysis of the tenses of the War yet published, and gives those Interior lights and shadows of the great eoaaict my knows to too sugnoaccra who watched the flood-tide of rrvolBtloa from Its fountain springs: and which were so accessible to Mr. Stephens from his position aa socood oCccrof the Coifedrs-y, To a public that has been surfeited with APPA RENTLY M1MILAR PRODUCTIONS, we promise a rhinmnf fin IwltitmMM. aut (n mJt mm l. tellectnal treat of the hit best order. The Groat Ame rican war noa a j uis r toua a blstorlan worthy or Its importance, andat whose hands It will receive that moderate, candid and Impartial treatment which truth and justice so urgently demand. . - The Intense desire every where manifested to obtain this work, Its Official character and ready sale, com- . s a St m m - . . I Dinea wim an incressea comwursion, make It the beet subscription book over published. One Agent In Easton, Pa reports 73 subscribers tn three days. . One In Boston, Maa 1C3 subscribers In four davo. One In Memphis, Tenn 100 subscribers In lve iats . Send for Circulars and see our terms, and a fan de scrip Uon of the work, wit Press notices cj advance sheets, AC Address v a sssswvT a s.wam. ' 24 South Seventh St, PhUadcrphla. Pa. -April 80 Sw - ... GERM ANTOWN TELEGRAPH. JOB PRINTING I JOB PJUNTWG! 1 1 J"JB PRINTING!! JOB PBINTINGll A FAimXY and an AGRI CULTURAL J O URIYAIi. Wt coil the sttcutlon of the puVCe U the rseem add " ' ' ... Uon to our eSca of a complete Job Printing EstaWisliEieiil, WITH NEW PRESSES of the most Improved oo4 saodsra Veneroo, Devoted to CHOICE LTTERATTJRE. lododtng Poe try, Novelettes, Tsles sod Mors! and Eatertalulng Read. Ing. generally. In the Literary Department w shall present the choicest varieties withla the reach of or 3t8X2&5SSi New Type, Borders and CdU, be equal to aajthlnglo beXound Inauy journal or mag. I - , - ; AORICULTCRE AND nORTICtXTriir, Duplin; twelfth monday after the fourth I man of the county commissioners of his conn monday in August and February. ' ' FIFTH. JUDICIAL DISTRICT. , , . . ' Harnett couniy ' the second "Monday in Au gust and February. ' . , . : a lloore, second 'monday after- the second . monday in August and February. ? 'V iJilontgomery, fourth monday -After the sec u: dud monday in August and February. Stanly, sixth monday after the second mon dav in An trust and February. ' !! J Union, eighth ' monday after the mondav in Aucnist and February. Anson, tenth monday after the second mon-, day in August and February. , ! Richmond, twelfth Monday after the second monday in August and February. Cumberland, fourteenth Monday' after the second Monday in August and February. ; SIXTII JUDICIAL DISTRICT. .a bond and aualif r as above dinctfti. thp rrii!r. I are satisfied, whether by a ale Of property Of I Probate Judco or a Jasticeof the Peace, where ib2 1 A . P i I .l S Jt , I . 1 . J . m j... uajr over uiiy procceus I u,""cr ,u cwvcrj cxoces wtmij-uTe ooiiars, ana uiwuaiH ii vi iaw in ti vjifvs. j il Sec 17. The clerks of the snperior courts shsll have ty shall immediately inform the Judge of the judicial district1 thereof , who shall thereupon declare the office vacant, and fill X the same, and the appointee shall give bond and q'uali- ; OFFICESWHERE TO BE KEPT. Sec. 5. He shall have an office in the court house, or Other place provided by tlie county commissioners, in the- county town of his county. He shall give due v attendance, ' in otherwise, and shall thereof. EXECUTIONS NOT LEVIED AT ALL, OR LEV IED OJI REAL PROPERTY. Sec 9 As soon as the successors of the said late Sherriffs shall have qualified and given bond a 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 I nave not been levied at all, or which have been levied on second petsonor by deputy, at his office, daily, (Sun- property which has been sold, and a residue days and legal holidays excepted,) from 9 o'clock A. m., to three O'clock, P. M., and longer when necessary for the dispatch of Dusmess. j TO RECEIVE OFFICIAL PAPERS, &C. Bee. 6. Immediately after,; he shall have4 giyen bond and qualified as af orosaid, he shall receive from tne late Clerk of the County and " rf"t A 1 11 . Granville county second Monday in August Superior Courts, and Clerk and Master of the nnd Februarv. Warren, second .Monday after the second mondav in August and February. Franklin, fourth Monday after the second monday in August and February. Johnston, sixth Monday tffter' the second Monday in Agust and February, i Wake, eighth Monday after the second Mon day in August and February. Hash, tenth' monday after the second Mon day in August and February. Halifax, twelfth Monday after the second mondav in Aueust and February. r Northampton, fourteenth Monday after the second Monday in August and February. SEVENTH JUDICIAL DISTICT. ; Guilford county, Jthe first Monday in March and September. , Rockingham, the second Monday af teethe first Monday in March and September. Caswell, fourth monday after the first Mon day in March and September. .- i Person, sixth monday after thq first Mon- day in March and September: Orange, eighth monday after the first Mon day in March and September. ' ) Chatham, tenth monday after the first Jfbn f day 4n march and September. . Tr f . Atandolph, twelfth ibnday after the, first Jionday in Jlarch and September. s Alamance, fourteenth Jionday after the first Jbnday in 3arch and September. ; ; 0 EIQnTn JUDICIAL DISTRICT. Davie county, the first Jonday, in April .'and September. . ' !il 1' T Uo wan , third Monaay in April ana eepienv bcr-.." ! i jiavidson, second Monday after the third .Monday in April and September. t ' ' ' i Forsythe, fourth Jonday 1 after the third Jbnday in April and September, r n i - ; Stokes, sixth Monday after the third ikon day in April and September, , K. Surry, eighth vVbnday after the third ilfon dav in April and Septemler. : v f ; 1 i Yadkin, tenth Jonday after the third Mon day in pril and September. NINTH JUDICIAL DISTRICT. - ? Polk county, the first Jlpday irt Jfarch and Hutberford, third JTonday in arch and - September- , -. - - -.i . Cleveland, second ?JIonaayt after-the third Monday inJuatch tfnd September. ' : Lincoln, fourth ?ionday after third Jbn i day in Jarch and September. J I Gaston, sixth' ifonday after third Jonday 1 in Jarch and September. , Jecklenburg, eighih Jonday after third ,u!j6iiday In Jarch andScpteraberVt : nn; 1 Cabarrus, tenth Jbnday after third Jbnday In 'Jiuch and September. TENTH JUDICIAL fllSTOICT. Catawba county, first Jbnday la iarch and Beptmbcr.- , ; . Alcxtfndcr, tlilnl JLomliyia JTardi sad TrklK teconJ MoniUy after U;inl HcsOay inMarvliandBrptcRibcr. v Court of Equity of the county, all records. 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.' they shall be respectively liable on their, offi cial bonds for the value thereof, and be held guilty of a misdemeanor. j TO KEEP RECORDS, &C. Sec. ' 7. He shall keep in bound vol lmes a complete and faithful record of all his official acts, and give copies ' thereof to all persons de siring them, on payment of the legal fees. i j BOOKS TO BE KEPT BTTTI CRKJ3. Sec. 8. The clerk shall keep the foli owing DOOKS J- - . g rf r remains unsatisnefl, or nave 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 aa if the same had been' addressed and issned to them, and shall make return thereof to the next terra of the Superior Court of the county, (or) to any Court of which the writ is returnable. Any Sheriff failing 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 required- to be returned.: All proceeds of executions in parVonly satisfied, while in the hands 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 penalties now provided by law in case or failure. EXECUTIONS TO BE DOCKETED. 8ec 10. The clerk of any Superior Court to which any execution shall , I ' re turned as is above prescribed filial! at the r- quest of any person interested therein, nnd jurisdiction of the probate of deeria. the granting of letters testsmentarv snd ot administration, ihr 'sp pointment of pusrtflans. the spprentldne of orphans to audit the accounts of executors, administrators snd pusrdians, and of such other matters as shsll be pre Rcribnd hy Isw. All Isssires of facta joined before tbcm shall be transferred to the superior courts for trial. nnd appeals shsll lie to the snperior courts f row their judgments In all matters of law. ; Sec 18. In all Issues of fsct. joined In sny conrt. the parties may waive the right to have the same detcrm! ned by jury, in which case the finding ot the Jndjro p on the fact, ahall have the fore and effect of a Jury. Sec 19. The General Asscmby shsll provide for the establishment of Special courts, for the trial of misde meanors, in titles and towns, wnere tne same msy be neeesssry. , Sec SO. The Clerk of the Supreme Court shall b? sppclnted by the court and ahall hold hlsoficefor eljrht yesrs. ; Sec SI. A Clerk of the Snperior Coart for each county, shsll be elected by the qualified voters thereof, at the time and In the manner prescribed by lawi for the election of members of the General Assembly, j Sec, 33. . Clerks of the Buperion Courts shall hoM their offlces for four years. j Sec 83. The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of alfoZ cers provided for iu this Article; but the salaries of the Judges shall not be diminished during their contin uance in office, Sec 24. The laws of North Carolina, not repurpant to this Constitution, or to the Constitution snd laws of the United States, shall be In force nntil lawful al tered. Sec S3. Actions at law, and suits In equity, penilng when this Constitution shall go 'nto effect, shall be ! transferred to the courts having jurisdiction thereof.' without prejudice by reason of the change, and all iucb. actions snd suits, commenced before, and peadlnz at. the adoption by the General Assembly, of the rnUs of Embrsdns; Tannlop. Gardenia-;. Frm!t-TJJltr. Our labors in this department for ovrr thirty years, have met the cordial approbation of the pot lie. Oar purpose has been to f amUh (! and reliable Irfottav stion epos) the very Imtot tsiil branches of It dotrr snd to protect thrra so far as within oar power arslttst the false doctrines and selfish parposr t4 the aasnv empirics snd sensation adventurers by which the f srn er Is IncesMntly assailed. Thla portion .of the fim MsXTowii TrLxenara Is alone worth the price vf sub scription. NEWS DEPARTMENT. The same Indastry. rare, and discriminating) f a rsth- erlnjr and preparlnir the stlrrlar vents of thedav.ez- rresly for this paper, which, hitherto hs been um of ts marked features and fiven sarh nlTrrsal Mtlsfae. Uon will be rontlnsed with redonblrd e forts to meet the Inereaslnr demands of the public TZItMo. Two dollars sbd fiXly cents per aaaem. No orders received wltbost the rash, and all eaborrtp tlons stopped at the end of the time paid for; Speci men numbers seat. Address PHILIP TL THE A ft. -Editor snd ProorletoT. Germaxtown, rhUadeiphla, Pa, JunelS-lm. from tU KIKST FOUNDUllS IN TUK COU.NTIT Experienced Torinen, sod a desire tobU4 apatMliHoa Vy zlrlsf sjCX tlon to Oar patroats. JOB f 0E1 practice ana proceaure nerein heard and determined, accordlni ractice T to tne p; n. nnlesa otherwise nrovlded for bv said rale. rovid the ed for, shall be ractlec now In 1. A' docketof aitwBtklDffsHmmons, or I on the payment of one dollar, enter surh ex- other original process issued by him, or re- turned to his omce. r i-bis! dock etr-sliaUcon4 tain a brief note of every proceeding what-; ever, in each actionftip to the-finar-jadjrment inclusivr. ; ' - 2. An Execution Docket, in which the subi stanse of the ludgement shall be recorded, and every proceeding subsequent thereto, noted j with an alphabetical index. ' t ' , 3. A Docket of all issues of fact joined upon the pleadings and other matters triable before a jury, and of all other matters fot hearing before the judges, at a regular term of the Court a copy ofT which shall be fur nished to the judge at the commencement 'of each term. ;J -.'" ;--;f.f - 'H j j 4. An alphabetical index according to the names of the plaintiffs, of all' final ' judg ments in civil action. " rendered in the court, Willi tne aates ana numoers inereor. ecutions, on his execution docket, and the like process may -e thereafter liad thereon as 13 pro videdjn similar cases on t judgements 'recovered af temheTatification of this act. PENALTY ON SUEBIFTS POR PAILIKO TO ' KBTTJIUi. .. - ?x -j SkcIL Any late Sheriff or, other officer havingr executions in his hands, and failing ta make due return thereof and to 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. . p -' JUDGMENT NOT DOBM ANT,' WHEN 8ec 12. No judgment shall be held to have become dormant by reason of any stay of execution thereon in obedience 1 to any general or special orders issued by the Gene ral lately commanding the military District 1 5. A Docket, of all criminal actions, con- I of which the State of North Carolina formed i. it l . I . . i . j . taining a note of every proceeding in each. THE BOOKS . ArB TO BE PUTN- BY. .WHOM a part, ana tne lime aunng wnicn execution was- so stayed, snail not De counted in deter- f ISIIED. Sec. 0. The nooks specified 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 shall, as soon as possible, transmit an ac count thereeHo the chairman of the County Commissioners, in Order, that the price may be levied in the county taxes, and also the Auditor Of " trablic accounts, who shall add the same to the taxes of the respective conn. I which it Is applicable. ties, and receive and account for it as for I r Ratified' the 14th ; day other taxes. The commissioners of any conn-1 loGS. ty failing to cause such sum to be levied with the otner county taxes, shall be guilty of a misdemeanor, , v : , - T . . j PAPErS IN EACH ACTION TO BE KEPT SEP- , v ' ... xrATE. ; ;- V I V Sea 10L The clexls ihall keep the pspcrt la each sctisn tn a separate roll r t us die, and at its termination attach tojrcthcr, properly label, and die tfccxa la order of tho date of the final judgment. - . KOUlTTOIl TO CXAIIIND RCrort, AC, gcC tt. At cTcry reubr ttra of a C3?. mlnlnfi: any question respecting a judgment being dormant. V r i i ; t j ; 't j : in the above I ordinance, qv 14tu of mabch 1868, xot AFFECTED, t Sec. 13. Nothing in this act contained shall affect or impair any right given by an ordinance of the Convention of this State, entitled "an Ordinance respecting the juris diction of the Courts of this Stata, ratified the 14th day of March 18C8, In the cases to e of Angustj A. D.t (Signed,) JOS. W. HOLDEN, 8peaker lloose of RcTtrescntatires. (Signed,) TOD IL CALDWELL, President of the Senate. : 8TATE op ijoirfn cahoun a,' Office Sechetaut of State, U UtsTj J. IIcnniT? tct, LzztzIztj cx Elate, fiertby ccrtifr that tLe forrlna !i a trca con of tho crisal act on f.!a In this c2cc, ctereviratjuau. Acj.r Aw 8kg. ML The instlees of the Supreme Court shail be elected bv the qualified tSStera of the SUte, as la previ ded for the election of members of the General Assem bjy. They shall hold tbelr offlces for eight yesrs, Th 4ad-esof the Snpeilor Court shall be elected 'In; like manner, and shall bold their offlces for eieht years but the Judges of the Superior Courts elected at the; first election under this constitution, shall, after their elec tion, under the superintendence of the instlees of. the Supreme Court, be divided by lot Into two eqnsl classes, oue of which shall hold office for four years, the other for eljrht. yesrs. - f, Sec 27. The General Assembly may provide by law. that the indges of the Snperior Courts, Instead of be Ins elected hI the voters of the whole State, as Is here' en provided for. shsU be elected by the voters of Ixeir respective districts. 'J - Sec SS. The Superior Courts shall be. at an times, open for the transaction of all business within thiejr ju risdiction, except the trial of Issues of fact requiring s mr- . . i 8eo 20. A solicitor shaU be elected for each jaldal district hy the qualified voters thereof, as Is prescribed for members of the General Assembly, who shall hold office for the term of four years, and prosecute op be half of the 8tate, in all criminal act I ops in the Superior Courts, anr advise the offlcen of justice la his dis trict. Sec SO. In each county a Sheriff and Coroner, sbl be elected by the qualified voters thereof, as Is pre scribed for members of the General Assembly, and snail hold their officea for two years. In each township there shall be a Constable elected In like manner ty the voters thereof, who ahall hold his office for two years. wnen there la no coroner tn tne county, tne Clerk of the Superior Court for the county may appoint one for apodal cases. In case of a vacancy existing- for any cause, in any of the offices created by this section, the Commissioners for the county may appoint to such of fice for the nnexnired term. See. SI. All vacancies ocewrlne; ta the offices provi ded for by this Article of . the CoostlUtloa. shall be filled bv the aTmolniment of the Governor, ttnlese oth erwise provided for, and the appointees shall hold their places until the next regular election. See. 83. Theofficers elected at the first election held under this Constitution, shall hold their offices for the terms prescribed for then respectively, next ensuing after the next rerular election for aoembers of the Gen eral Assembly. But their terms shall begin tpoa the approval of thla Constitution by the Coarrese of the United Ststes. - fc . Sec S3- The several Justices of the peace a&aH nave cxciBivrs onzinaj jurisdiction ander sack rnraUtlona as ine uenerai Assembly shall prescribe, of all dvll ac tions founded on contract, wherein the sum eemasd4 shall not exceed two hundred dollars, and wherein the few estate snan not m ta contxuTtuf. and f all criminal matters arulBi wtlUa their rtrmlrs where puniaaments cannot exceed a fine est C'ty dsUars, e tmprlsonmvnt lot ocs month. . When an tssne ef fsct shaU be lo!n-d before a inatlce, ea tfmxnd ef rltheT party thrrt la. heshr'.l txi m Icry rf six men to be summoned, whe ShaU try tlss tiae. Tts part? TXlnst whom lan!renBt s!ul!1 La trrcrrA ta asv rit.l actloa, taav s; pel te the tt-pertor eart (mi ti same, and If tU-j airmen t sali exve twntytedcW Ura there csy Le rswtruicl te mttie t-ttrtt ta lassrp'.ate encrtj ball lis f:izt l tmtct twrt.ty.CTt fr.ixrt CT Irss. tkca Us rrre i I Nr r -st tatfesrrili?,rt?trt.er,f ri tsttfrtcf Its. ln I rssrs ef r'.rs:til rii.rs.r e frty e-i t t ic - trret Is r'cn rntr s; rsl telle f t, tir t - rt. s BONE . AT WE SOUCTT All. KEtDS JOB WORK, With the assurance tliat it ViU be doei as NEATI.Y and as CHEAPLY aa it could be done elsewhere. THE DAILY i4EEPUBIilCAF HAYK TOCK " " ., i BILL-HEADS, ' UAXD-BILL8, T POSTERS x ' CARDS, . CATALOGUES, BT-LAW3, LEGAL 0 a I LZTTEZ-lirABS, CIRCULARS, election jroricz. 'i . t,
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 15, 1868, edition 1
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