Newspapers / New Bern Republican (New … / Oct. 23, 1868, edition 1 / Page 4
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; : jy'Ivfi&TJuliJ&eniQii wall IN RELATION TO THE POWERS AND DUTIES OP CfcEKSrOIBUPERIOR COURTS. J TA dekerhVATsembljf of UortK Cavlin& d nact : . ,ti'sif .... , Section l.-Tlial as this Act win be -incorporated in the general acl respecting, the, pracr tice and proeedUre of the courtsrequlred to be 'reported to the' General 'Assembly at its present session; by tbe commissioners ap pointed for that ptrpDse; it will be printed frf that general act and not "elsewhere among the acts of; this" G eneral Assembly; unless other wise' hereafter directed.' . , -y .. ' Sec.' 2.'r rThe Secretary of State Is required to have fte third section of this act; and that portion relating' to the' Superior Court Clerks' printed at least-weekly infour papers pub lished In this State, and the sum necessary for thai purpose, is hereby appropriated: from any monies In the Treasury not otherwise appro priated . ;;.'' V oec a i ne terms or me several superior UOUX13 of this State shall berin in each vearat th tlmVA liorninnftPr statA tiill rnntin. i.'4a ttiv-i.Ai q........ai.; i uc iy uuciu tut tnu nccivs ouuuajo aim le gal, holidays 'excepted,)-unless thebusiness than be sooner disposed or. " v . V . . . , .. ,. f. r: Vte.?Mm- ..,.-.: j ifrile county. first. mondayf irtt JIarcb and October:; - . . , . r: T & I Al!i J f - r- I iiemoru, imru monoay m .j)iarcu,auq uc . tober.yr .... . . .J,-,h''"!t -v:,r Gates, fourtbrnroiiday., after jthe 'first Mon daf in Marcb and, October..-. .. . 4 Chowan, sixth monday after the first Mon Perquimans, , eighth monJay after the first mondav in March and October. ' I ' jfasqnnuin .tpniu moooa': auer uio, nrsi monday 10 AXarch and October, r r Camden, twelfth, .monday after the first monday in March and October. " :(?;t.! Currituck, fourteenth monday after ' the n a a - . M first monday in March and October. V SECOND JUDICIAL DISTRICT. rell connty th Washington Ithird t monday inySeptfmber and February: " - Martin, secon4 Jlqnday af Ur thethird Mon day in September and February. Hyde; fourth Monday, af ter .the third Mon day in September and February. a w -- Beaufort, - sixth Monday . after, the. third mondav in Sentember and Fehrnnrv Pitt, eighth Monday after tbe lhird3lnday in ocpiewucr anu reoruary.. Edgecombe, tenth Monday after the third monday in 8eptenbgy(andsjPebrttajS THIRD JUDICIAL DISTriCT. Waynequijty Jhe first, Monday in Septem ' brt ahtf Fbruarfi oJUwvOL , Jones, third Monday in' September and February. iff,4' ? tfr f ry " .- Onsldw,rst mbhday.af ter the fourth Mohi day in September and February. ! Craven, third monday after the fourth Moni day in September and February. ' "' ! Lenoir, fifth monday after the fourtb 3Ioni day in September and February. . I Greene, seventh monday af teri the fourth monday In September and February. Carteret. ninth-'mohdav5tftr th -fnnrtti Monday in September and February, . Wilson eleventh monday - after the fourth monday in September and February. . e r; FOURTH JUDICIAL DISTr ICT. Jfoounfjjf'gif'jtb mouday jn August and February. " " ' f Bladen,, second monday after the fourtli mohdAy in August and February. , f f -Columbus, fourth monday, after the fourth monday in August and February. t i Bi;npswick, ixth monday af ter? the fourth mohday'In August and February.1 " , New Hanover, .. eighth monday after the fcwrthvmnd&yin August and February. .' Sampson; tenth monday after the ' fourth monday in August and February. .. Duplin, twelfth monday "after the' fourth monday in August and February," ; I n ! . FIFTH JUDICIAL DISTRICT.' j Harnett county the second Monday, in Au gust and February. k - . u - . ; - llborf, second monday after the second monday iu August and February. Montgomery, fourth monday after the sec ond monday in August and February. Stanly. ixth mondayaf ter the second mon dav in August and February."" w : J' Union, eighth monday "after the second moriy;inrAngufit;an4Fbmaryr fT ri ;Au)iWiehth immdlafrXheifleconxlmouv day in.A,ugU8t and February., T . ; . f , , Jt , Richmond, twelfth Monday after the second monday in August and February, Cumberland, fourteenth Monday after the second Monday in August and February. ! eiXTDj 'JUDlOIAtt' DISTRICT!. '3 v Granyille county second Monday in August and February. !s 1 v " - ' Waren, second Monday after the second monday in August and February. . Franklin, fourth Monday . after the second monday in August and FebruaryjV TJohnston, sixth Monday after the second Monday in : Agust and February. ' Wake, eightbJ.Ionday after the second Mon day in August alkdFebrittry.O l .Nash, tenth monday after the second Mon day rAugustarid Fcbroary. n 8 iHJi Gl Halifax, twelfth Monday a after, the. second monday in August and February. " . Northampton, fourteenth Monday after the second Monday in August' arid February., o SEVENTn JUDICIAL ' DISTICT. Guilford county, Jthe first , Monday in March' and September' ' ' - -? - . Rockingham, the second Monday after the first Monday In March and September." r - Caswell, fourth monday after the first Mon day in March and September. -f ? Persoi sixth monday after the first Mon day in March arid September: ' -tt u: - Orange, eighth monday after the first Mon day in March and September. "' - ; r Chatham, tenth1 monday after the first Jfon day in march and September. ilandolph, twelfth 13bnday after the first jVpnday in jarch and September. ' ' Alamance, fourteenth Jtfbnday after' the first Jbnday in Jarch and September.- EIGHTH JUDICIAL DISTRICT. v Davie county, the first ionday in 'April and September. I . C ; ,i Rowan, third Monday in April and Septem ' ber. ' v ' - ,,. .. . Davidson, second Jbnday after the third Jcnday in April and September. -a aqtt I Forsythe,' fourth Jonday. i after' the third Jbnday in April and September. Stokes, sixth Jonday after the third Mori day in April and September. . V; ,p -,v Surry. cifhlh Jbnday, after the third Jbn dav in Apriland September. v - Yadkin, tenth Jbnday after the third Mon day in April and September ; C;??? 7 -NINTIl JUDICIAL DISTRICT; i . Polk county the first Joriday in Jfarch and September. . v . ." , . Rutherford, third 'Jbnday in Jarch and September.- . . -. . Cleveland, second Jonday after: the third ilonday in Jarch and September. Lincoln, fourth 3onday after third Jfpn- Anv !n Hfnrtih n.nd Rntpmhfr j , Gaston, sixth Jbnday after, third Jonday in Jarch and September, 'A ; ' i:mp. Jecklenburg, eighth 'Joriday after third Jonday Jn'Jarch and September. Cabarrus, tenth Jbnday after third Jonday in Jai ch and September.' ? 7 !r - TENTH JUDICIAL DI8TRICT. n 1 1 -CiUwba countyi first Jbnday in Jarch and ISepteriiber. : - - 3 - Alexander, third Jbnday -in Jarch' and September, . ; w .? . .. JredelJb second MofftTay nf ter third ironday - in March and September. ? Wilkes, fourth Mpnd&f, if teihird Jbnday Ajaiaweiii JXth JXonday, after thirdJlzondar in march and-September. i ':-iri i ' Burk. eiirhtb JoTiflav ft- iLiM Vtv in Jarch ana SeptemW o f i , . 53 vAicuoweu,; tenth Jbnday after third Jbn day in 'JTarch and September.:, f ' V ' j I ":EIJEVESrrn judicial district f-?" ' Alleghany county,! the "first - Jbnday in April and September. v r5.-i n Ash, third -Ifonday in April and September, f tWauUuga second Jf'raday after third Jbn day in April and September-., , r, . i Jfitchell,' fourth ifonday after third lion day jn April and September. -. ? r f ? 1 1 1 i ? Anuwjr, iiiiu Monaay auer tmrd Monday in April and September. . f madi8on, eighth Monday after-third 1 Mon- day in April and September. 2 Buncombe: tenth iMOhdav aftpr third rnn. day in April aud September;; ' h" ""V TWELFTH JUDICIAL DISTTJ CT.? i.CaJ funt Clay county, the first Monday in April and DepiemDeiV LDeroKCC. I Cherokee. hbfd Mondav In "Anril nnl RoWl 1 ww- VClUVd. . - . . a-4- . v ... . , . t Macon, second iroTidav nf tfr tiilni rnw m April and SeDtember,- " f JaJksofouAZndiy after third Monday 1n April and' September. , t . , . j "uiu Huuuaj Haywood, sixth Monday after third Monday in April and September. r 1 1 . m .. ... - . L j a ransyiyama, eignin Monday after third MondayJn April and tieptember f? 1 1 &t Henderson, tenth Monday after, third' Mon day in April and September.. OF THE QUALIFICATIONS AND GEN ERAIi D.TJTTijJS OF, CLURKS OF THE I SUPERIOR COURTS. Sec T.At the first meeting of the county commissioners of each-county after the elec tion or aDDointment of anv filprfc xtor Court, itjBhall.be the duty of the clerk to deliver tb 4 stich 'commissioners a bond with anfflrSant rn.t:nn j . .. Au.wv.i ouicucs, uc appro veil py mem as o. ?OTSr x,requd the law Payable to the State of North Carolina, and with a condition to be void if he shall account for any fandl pay over, according to Jaw ail 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 4 take care of. all books, records, papers and property which have come or may come into his possession, by'virtne or 0!.70 his ffice nd shall in all. things faithfully perform the duties of his office as they are or hereafter may be prescribed by law. -v v.- , BONDS - HOW APPROVED, &C. ' Sec -2. The approval Of said bonds by the commissioners, or a majority of - them, shall be recorded by their clerkrany commissioner dissenting may cause his dissent to be . enter i ed on record Any commissioner approving a bond which he knows or believes to be in sufficient, shall personally, be liable as iff he was a surety thereto: Thesaid bond acknowl edged by the parlies thereto, or proved by a subscribing witness before the clerk of said commissioners,: as their presiding officer. rez- 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 anmnvnl tliofonf j 4lp0SiMed Wlth ihe g'ster for safe keeping.' imo jciucuics auu.li . ue naa - upon said bonds as are or may be given by law on offi- ' QUAtlFICATIOX OP CLERKS. " ! 1 See. 3. Every clerk of the Superior Court . l before entering on the duties of his office shall take and subscribe before some officer authorized by law to administer !. A?! P1 Jaw, and file the same vnu iuc agister oi ueeasfoj the county. ! ' -i Q FAILURE TO GIVE BOND.' - a i Sea C In case aiiy elerkhall fail to give bond and qualify as above directed, the chair-; ma of the county commissioners "of his coun ty shall immediately inforrt the Judge cf the judicial district thereqfwho shall thereupon declare the office vacant, and: fill the same, and the appointee shall give bond and quali fy as above directed.-'- 4-. i OFFICEdr WHERE TO BE KEPT. ; j ec-; 5. He,shall:have an office in the court-, hquse; or other place provided by the county; commissioners, in the county town of his county. He shall give due attendance in person or by deputy, at his office, daily, (Sun days and legal holidays excepted,) from t p clock A. m.,. to three o'clock,: P. M., and longer when necessary for the dispatch of business. r . ; TO RECEIVE OFFICIAL PAPERS, &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 Superior Courts, and Clerk and Master of the Court of Equity of -the county all recordsJ 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 tinie after demand to deliver such re cords, books, papers, money and property they shall be respectively liable on their offl- c:al bonds for the value thereof, and be held guilty, of a misdemeanor. ; .. . ; , ' V TO KEEP RECORDS, &C. j Sec. 7. He shall keep in bound vol imes a complete and faithful record of all his official actauidfflYe nnpipg tVreof tf all persons de siring them, on pay merit of the legal fees. " ! bokJ clerk shall kepVhe folibwing ihkZ aHfri ooX pummons, or other original process'lssued "by bifnor re tnmnd to hia nffirv Thic Jtain abnefiiote or every proceeding what- vuiivji vv4u up m.ms:unai - juugment inclusive 2. vAn Execution Docket, in which the sub stanse of theiudgbment shajl be recorded, and every proceeding subsequent thereto, noted, with7 an alphabetical indexj i V - 3. A Docket of all issues of fact joined upon thr 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 of which shall be fur nished to the judge at the commencement of eacbterm.1 -Uxa 4. An alphabetical index according, to the names of the plaintiffs, of all final,', judg ments in civil action, rendered in the court with the dates and numbers thereof. ' 5 A Docket of all criminal actions, con taining a note of every proceeding in each. Bt WHO!! THEBOOKS "ATE ' TO BE ' PUTN- fal!f?li0taWisnED71-! rj'ffroH Sea 9. The books specified in the above section shall be supplied to the clerks of the several counties by the Secretary of : 8tate at the expense of the State, arid the Secretary shall, as; soon ras possible, transmit an ac count thereof to the chairman of the County Commissioners, in order that the price may be levied in i the county taxes, and also the Auditor of public accounts, who shall add ine same 10 tne taxes of the respective coun j ties, and receive and account for it as for other taxes. The commissioners nt m onnn ty failing to cause such sum to belevied with the other county taxes, shall be guilty -of a misdemeanor. i PAPErS IN EACH ACTION TO BB KEPT ' SKP- ! .s . t. : ; ArATE. : : - j-- ; " . ' '-: . "V Sec. 10. The clerk shall keep the papers in eachaction in a separate roll or bundle, and at its termination ttacltogetueri properly label, and file them in order of the date of the final, iuagme ;; SQUCITORS TO EXAMINE BECOTDS, AC. Sea" ill ' At every regular term-of a Supe rior Court, the 3ollcit0r,fbr; the Judicial Dis trict shall Inspect the office of the clerk and report to the court in writing. If any clerk after being furnished with the necessary books, shall fall to keep them up as required by law, he shall be guilty of a misdemeanor and the Solicitor shall cause him to be prose cuted for the same. If the Solicitor shall fail or neglect to perform the duty hereby im posed on him, he shall be liablej to a penalty of. ;five fcundnkr. dollars' tb any person who shall sue for the same. ' ' " k : EXISTING SUITS. The following sections -numbered loo 4a 5, relate exclusively to actions which have been commenced, and in which no final judg ment has been rendered prior to the ratifica tion of this act. as a part of the Code of Prac tice and Procedure. .... : CLErK8 TO DOCKET EXISTING SUITS. Sea 1. 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 8tate, aud on the pay ment of a fee of one dollar, 6hall enter on a separate docket, all suits, which, at the ratifi cation aforesaid, shall have been commenced or in which final judgment has not been mi dered Jif thellate County, Courts, Superior Courts of law, and Courts of Equity, of their respective counties. V I10W SUCH SUITS PrOCEEDED;WITII. a? And ejery suit not so transferred within the time aforesaid, shall be abated and the Clerk of the Superior Court shall tax costs .against the parties liable, and collect Ihe same by the proper process. Sea 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 Clerk shall en 4er such judgments on the 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 JUDGMENT8 NOT DORMANT. Sea 4. Existing judgments 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 lien acquired before the ratification aforesaid shall be lost by any change of process, occa sioned by this act. ' DORMANT JUDGMENT. 8ea 5. J udgments or decrees which are dor mant at the ratification aforesaid, may be re vived or enforced in the manner herein provi ded. ACTION COMMENCED AFTER THE RATIFICA TION TO SECOND OLD DEBT8, &C. Sec. 6. In all actions hereafter commenced, founded on; such contracts as are provided for m an ordinance of the Convention of this State, entitled ' An Ordinance respecting the jurisdiction of the Courts of this State," rati ficd on the 14th day of Marcb, 1868, the sum mons shaTl be made returnable to'tbc term of the SupenorCourt therein designated, and the subsequentproceedingsshallbe in accordance with the provisions of said act. EXECUTIONS LEVIED ON PERSONAL PROPERTY . Sec.7. The late Sheriff of any County hav lng inhis hands any Jiere facia execution, which has been levied on personal property of the defendants, which is unsold shall 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 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 tothe farties entitled thereto , EXECUTION 8ATTSFIED. Sec. 8. Thesaid sheriffs shall in like man ner return all executions in their hands which are satisfied, whetber by a sale of property or otherwise, and shall pay over any proceeds thereof. EXECUTIONS NOT LEVIED AT ALL, OR LEV TED OS REAL PROPERTY. ' Sec 0 as soon as the successors of the said late Slierriffs shall have qualified and given bonds as 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 undkr 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 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 requir ed to be returned. All proceeds of execution in ) part only satisfied, while in the hands of ?j?nrH Sheriff, shall be paid by him to j the clerk or 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 bv law in case of failure. , EXECUTIONS TO BE DOCKETED. 'i Sec 10 - The clerk, of any Superior Court to which any execution shall bo re turned as is above prescribed shall t tbe r qnest of any person interested therein and on the payment of one dollar, enter sut h ex ecutions, on his execution docket, and the like process may be thereafter had thereon as is provided in similar cases on judgements recovered after the ratification of this act. PENALTY ON SHERIFFS FOR FAII.INO TO RETURN. Sec 11. Any late 8heriff or other officer having executions in his hands, and failing to make due return thereof and to proceed as herein prescribed, shall in. each case forfeit andrpay tetany any person grieved, one hun dred dollars be recovered on motion nf the court. . . JUDGMENT NOT DORMANT, WIIEN- . Sec. 12. No judgment shall be held to have become dormant by reason ofjany stay .of execution thereon in obedience to any general or special orders issued by the Gene ral lately commanding the military District of which the State of North Carolina formed a part, and the time during which execution was so stayed, shall not be counUd in deter mining any question respecting a judgment being dormant. I . . " . J ,; -i ORDINANCE OF 14m OF MARCH 1868, NOT , AFFECTED. . 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 Slate," ratified the 14th day of March 1868, in the cases to which it is applicabla Ratified the -14th day of August, A. D., (Signed,) JOS. W. HOLDEN, Speaker House of Representatives. ' (Signed,) TOD R. CALDWELL, : President of the Senates STATE OP NORTH CAROLINA, j Office Secretary of State, ! .. Raleigh. Attgmt 22tf, 1868,' ' -1, Henry J. llenninger, Secretary of State, hereby certify that the foregoing is a trae copy of the original act on file in this office. ! sa: t j H- J. MENNINGER, T Secretary of .Stale. ( Aug. 29- 4w : 1 Important Article in""tihc.;j ARTICLUIV. f JUDICIAL DKPARTiUENTJ Section 1. The dlttloctlon between Mellon at; Uw and aiu la eqaitT. aod tb form of tl such cUons and ssiu ihall be abolished and there anall be la thla SUtebatone form of action, for the enXorcrmeot or protection of private right or tberudrwaaof pmate wrong which ahali be denominated a cifil action and eTery action preaented bj the people of the bute ae a part y, aainet pcrao o charged with public offence, for the bonUhmcnt of the eame, thall be termed a crim inal action. Feigned iasoe ahall alao be abollahed' and the fact at if sue tried by order of court before a jnr)r. . Sec 2. Three CommiMionen thall be appolotedby this convention, to report to the General Acmhjy al iu lint session after this conrtltntioa hall be adopted by the people, rules of practice and procedure in ac cordance with the provisions of the foregoing section, and the convention thall provide f r the commits loners a reasonable compensation, t - - - . - j Sec. 8. .The aame commissioners shall a!o report to the General Assembly as soon aa practicable, a code of law of North-Carolina. The Governor ahall have pow er to fill the vacancies occarriDjt In tola commission. - Sec. A. The iodic! a! nowerof the Bute sball h -r,tA in a. court for the trial of impeach men ta a Supreme : wui h Bupwiw cvuni, roan oi juiuctf or ine rxace and special courts. fc , . : Sec 6. - The court for the trial of impeachments ihaO be the senate; a majority of the members ahall bcec eksary to a quorum, and the judgment shall not extend beyond removal from and dlMiaalifleatlon to hold oflce in this 8Ute, but the party ahall be liable to indictment and punishment according to law. . Sec 5. The Ilouse or Iteprcmjntatlvea lr!j, haTJ havejhe power of impcachln?. No person sball tiVon ricted without the concurrence of two-thirda of tbe niM?Int-u1Xl,en th Governor ia impeached the Chief Justice shall preside, , . . S-ec ? " Tren jrain-t the State shaH consist Uly vM2naMfcltr adbertnx tolUenemlc; e.11"? d comfort. No poa thall be corv icted of treason unless on the testimony of two wit nesses to Tthe same over act, or on coufession in open court. No conviction of treason or attainder ahall work-corruption of blood or forfeiture. -7 . . i SecS. The Srmrm srn . .h.n i- ; a Justice andfour Associate Justice. SaJ av ab A wr . k - I ovj. mere suaii ne two terms of the 8aprrme court held at the seat of povernment of the if Ttateln each years, commencing on the first Monday in Janoa- rTlndflKuJfondi,y in Jnnnd conUnulni a." n a the public Interest may require. .!r Sec. ia The Supreme court shaJl have jurisdiction to review, npon appeal, any decision of the row be low, upon any matur of law or Ic-al interference -tt no issue of fact shall be tried b?f ore tb U SSn; ani the court ahall have power to issue any remedial Writs necessary, to Rive it a genrral super-ion and cortrol of the inferior courts. Sec 11. The Supreme Court shall have original iuris dlctlen to hear claims against tbe Sute. but it deda ions shall be merely recommendatory; no proccra In the nature of execution sball issue thereon ; they shall be reported to the next session of the General Atsrm bJy for its action. T Bcc The SUte shall be divided into twelve judi cial districts for each of which a jude shall be chosen, who shall hold a superior court In each county In said district, at least twice in each year, to continue for two weeks Jinlcss the business shall be sooner disponed of. i,S?,VS Vn.tI,Jl,tcmi,b3rIw tn fonowinliTn b ion, m aw. m, niu tairccombe. . . . A. 1 Third District---Cravcti. Carteret, Jonea, Onalow; Greene, Lenoir, Wayne, Wilson. ! Fourth District-Brunswick. New IJanovcr. DuollnA Columbus, Bladen. Sampson, Robeson. "P?in, FUta District-Cumberland. Harnett,' Moore, lllchi mond. Anson, Montgomery, Stanly, Colon. .. Sixth District Northampton, Warren. Halifax Wake, Nash, Franklin, Johnston. Oranville. m"p? A$elC1hnPlMxl?i-rnoii 0rnr Chatham. rUnl .f0' Abm,llce. Caswell. Rocktncbam. Ninth District Catawba. Cabarras, Mecklenbvr, Lincoln, Gaston. CTcveland, Butherford, Polk. r Twelfth District-Uenderson. Transylvania, May. wood, Macon. Jackson, Clay. Cherokee. Sec. 14. Every judee of a Surerior Court shall reside In his district xvhire holding hi office? Tb e j ud2 may exchanxe districts with each other with the con sent of tie Governor, and the Governor for rood rea sons which he shall report to th Lejrlslature at its cur rent or next session, may require any jndee to bold one or more spedfied U rms of said coutt fn Uen of tbe judge in wjosc district thev are. - 2T- Th,8aPr,or oarts shall have exclusive original jurisdiction of all civil actions, whereof ex elusive original lurisdiction Is not tfven to some other Courts, and of all criminal actions In whic h the punish mcnt may exceed a fine of flrty dollars or imprisonment for one month. V .C..1R- hc r.periorroniU -ball have sppcllate ful rtsdlction of all issues of law or fact. d-trinfned I v a Probate Jndce or a Justin of the Peace, where tbe matter In controversy exevds twcuty-Cve dolla:. and of matters of law in all cases. . T CCV, ,T; ThA! r'e,kof ,he 'iperJor courts shsH have jurisdiction of the probate cf deed, the erantliu? f leticrs tcstamentjrv and of admlnlstistion the to polntriont of jmardlsns. the appieniHnr of orpbars to antut the accounts of executors, administrators and CTiardians. nnd of such other matters as Khali be rre scribtKl bylaw All isssnes of farts joined before thera shrill be trsnsferrinl to the superior courts for trial and appeals shall lie to the superior couits frow their jndjrmi'nt In all matteis of law. ; Sec. 18. In all issues of fact, joined in any court th parties may waive the right to have the same detenn ned by jury, in which case the finding of the Juries up on the fact, shall have the force andtffect of a inrr i ihSi 1u T!1C peueral Asscraby shall provide for the establishment of Special courts, for the trial of misde meanors, in cities and towns, where the same mar be nccessarv. 1 y Sec 20 The CTerk of the Supreme Court shall h npiKlntcd by the court and shall hold hUofilcefor ciifht year. y Sec 21. A Oerk of .the Superior Court for each county shall be elected by the qualified voter thereof, ! iJ me F ,n.lbe manner prescribed by law. for the election of member of the General Assembly. ? -v. cJcrk" o' tbe Supcrion Court shall hold their offices for four year. nan now regulate tbe fees, salaries, and emoluments of all offl cer provided for iu this Article; but the salaries of the J udges shall not be diminished during their contin uaucc in office, u. . sfSi 24A Th.e Uw" of North Carolina, not rrpupnant to this Constitution, or to the Constitution andlw. of the United State, shall be in force nnUI KwVullv 5 tcrcu Sec 2Sj. Actions at law, and sulU In equity, pending riwiiL', SnA!Unt,on. ,l!,lU, 'oJffect,Vhall bS transferred to the courts having jurisdicUon thereof, without prcjud ice 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 practice and procedure herein provided for. shall be heard and determined, according to the practlcV now in use, unless otherwise provided for by said rule " .!5-. Jne Bfi,ya of lhe 8prme Court shall be elected bv the qualified voterjf the SUte. aa is provl dwl for the election of member, of the General Assem b!y. They shall hold their offices for eight year. Tbe Judges of the Superior Court sball be elected in like "-nner. and shall hold their offices for etebt years but the Judges of the Superior Court elected at the Unit c'.vctlon under this constitution, shall, after their elec tion, under the superintendence of the justice of tbe Supreme Court, ha divided by lot in to two equal classes oaa of which shall hold office for four year, the other for eight years. , Sec 27.- The General Asserablv may provide br law that the judges of the Superior Courii. Instead of K ing elected bv the voters of -the whol State, as is here en provided for. shall be elected by the voter of telr respective districts. Sec 28. The 8uirior Court shall be. at all time! open for the transaction of an buslne-) within their ju risdictlon, except the trial of luc of fact reouirinjr "JJinr. , Sec 23. A s6l jcltor shall be elected1 for each Indicia! district by the qualified voters" thereof, as Is prescribed for members of the General Assembly, vbo shall bold office for the term of four year, and prosecute on be. half of the SUte, in all criminal actions In the Superior Courts, and advise the officer of justice in hi di. trict. .. - - - v ! S1c-A8i Jn eiux connty a Sheriff and Coroner, hal DfcJ by the qualified voters thereof, a Is pre f1? 0nnher of the General Assembly, and shall hold their office for two year. In each township there shall be a Cons table elected in like manner by the voter thereof, who shall hold Iu office for two rear ' When there is no coroner in the county, the Clerk of the Superior Court for the county may appoint One for special cases. In case of a vacancy existing for anr canbe, in any of the office created by this section, the Commissioner for the county may appoint to such of fice for the unexpired term. - t 7 ; Ti 8ec 81. -All vacancies occurring In the office provl. Sfer,XtbU Article of tbe CwtltuUoiubklJbe filled by the appointment of tbe Governor, unless oth erwie provided for. and the appointee ahall hold their place until the next regular election.- inwr Thofflcr elected at the first election held nnder thla Constitution, shall hold their office for th term prescribed for them respectively, next enaulir after tne next regular election for memberVof the G eral Assemblr. W their terms ahall begin nnotf tfniJed Su'teT' C".tt. 2e Sec S3. The several justice of the peace ahaH fc.i. exclusive original jurisdiction tinder srAroUtS as the General Ambly shall prt of TdrU tlon founded on contract, wherein thenm demlndJS shall not exceed two hundred dollr7juihf-f?iv Utle to real esUte .hall nSfS U wntrerdf fi S" amlB thJn elroe wheJi the Tnnlshmenu cannot exceed a fine of fiftVdollW EJMn 'ISTf motn- When in!?.w or lurL0JSedvbi:ow iMtlce.- on demand It either party thereto, he should cause a iarr of riTml iJafn.80110 ti?th7snfe? Th part? 1 hom JdPnent shaJl be rendered in aavrir JeT'aiSYf tWi t0 th SnpericTcrt f "m th2 SSl !i tbJudgment hJI twentylve do judgment Urnyil Zhom where the matter .7f iSFSJ0 loj.Conrt, rirst DistrlctCurrltuck, Camden, Pasquotank. Per quimans. Chowan, Galea, llertiord, Uertie. Second TlUtrirt TVwll H,a .. rontt nerorejtjciuccii jhall make a rrcord of tb procrrdirl, ax. Tiki lbs aasst wi'Ji U CJoa tl become vac ant, otherwise than by tbeexplraUoa ot the time, and In case of the f aIar by tbe voter of asy dis trict to elect, the clerk of tbe anterior eoart for tbe county, shall appoint to tU the vacaccy for the unex pired term. Sec 35. Ia case the rCc of clerk of a eperlor ooert for a county shall become vacant; etbcrwtse tKaa by tbe expiration sf the term, and in cue of a f altar by the people to elect, the Judge of Ue Saperior Coart U the count sluJl appoiat totU the Tacaacy. mntU am election can be rernlariy held. , . " "Ilerchants'. . ClubTEoOf,, ;'V txc Ma nen tne 6 doe of JUc of la reaoa shall CSATXS STJIEBT. I! Ncar ttho Post' OfBce, , ! i . i 0 NEW li E R.N E . N . C A i.. f SI ilf 7 i PERSONS .eomln- to New Ber,"wta tad this a eai paido ZStSC , PUC t0tUP Xt i . " DAJV . ' . " Alway .uppUed with the best I Wlne liqaora, and 7 - TABLES, '.: -'a ... with all the market will aapplj. . v r -V k" J L0DOIK08,' - r WM. L. PALMER. . lUyi-l-tlA Proprietor. Affcnt Wanted '"- jrom run OFFICIAL HISTOBT. . OF THE WAIt, . Its Causes, Character, Con- duct and Results. . By lion. AIc II. Stephens. A Book for all Section and all Jtrti(S. T1! 'T? wk presenu lb ml cosapWte and in ;r; . j - - m ufTi et iuf vt ar vex It tlSJ? lb. teller Hcht and shade Ob a fi a ViPVtsB W Ftt .n. 1 a . ... """ iwwa io uoe nirh otScer ronnf.w th9 flJcx4,,lde moluUu. front lu rican War has AT LAST foe Id a historians ,?2?Tt IU importance, and at bee hands vV reT moderate, candid and Impartl.latraJit Ihkh lth and justice so urgently demand. l wiiTi OOelaI character and ready sale. rem. blned with an Increased romnt.lcn. make li t KrTt Bbsolptlon book ever rubllsbed. betl thrSTdafs?1 E,t0B r- rr?rt "UatUri ta r! ! "iOT,Uk- 105 "rs In four day,. TcnB- 108 nUcribrjs la five day a Send for Circulars and tceeor term., scd a f.U I ffl,Scf Addr -lt - NATIONAL mHUHniXGOO.. -April S-tw PhlUdelpbla, a. 6ER3IANT0WN TELEGBAPIL A FAlUIIiY and an AGKI-CUI-TUnAI, JOUniYAI. f sssMaaBBss DevoUd to CIIO ICE LITTEATCRE, Indadler Posh cbo,crL r,ri.r1 ln 'n tbe reach of our hall be rnpplied from the Inland hlgWtsrcS. Sj beequal to anything to befoend tnsny Journal or mag. AGRICTLTURE AND llOirriri LTrKK. Our labors In this drjitmrbt for cvrr tLltty v4r nSlArTobatlnp of lU ynhZnr punw has Wn to fi.icUh nfol aM nl&M li fortn. tlon upon the vrty In., oil. n Hwlf ,.f ii-lu.i,r and to Hotr them so fsi mliLia. ur ti-mrt a.h-t thefals.doc1rii.e.i,d ln.l. jur,'.! ilVnaVv empirics and sjnilon advn tmei bv 1.1, t t - f .,,;. cr fs incrssantly asaiJI. This i-ilt. t, .f m f;r !cirpTt?o TzVtQAru u i f X NEW8 DrPARTMrXT. rJ?? ,Da;T.cr-. ard disci ! ml n afar In rath- i, Ui... . frt""" xl riven r.rh vrUrrsrt --l'-fr-tlon i winoomlnordwltb rtxlM.U rf,,ir1. 5 ths ir.creaslnr drmstxls tif tl r fl TEBM8. Two dollars trA tUy rents iracncra. Iso orders received without the cash, and1.!! sur!crip tiona stopped at tbe rod of the time paid for. tSl men number sent. Address 1 rprci- PHILIP Tt FREA8. Editor and Proprietor. Jnne Ift-lm. "crmai town. Phlladrfphla. Ta. JOB WOEK ONE AT THE DAILY "i i ) -sJob-oemce:1 . JP T? T5TTT) T -r- I'itinf-- HL'U Alt V -iA m i. Jt. V- . . M - ... if. - , 1 I JOB PRIWTIWG I JOB PIUNTIXGi , . 0n WIXTJXQ!! . rail h. uuuio. of the p.wa. u the r, Uti, Uea U oar cCU a co.. Job Printing -Establfchoent, of U. lmfm au, A New Tj-pc, nordcra nndCntj, froM the KIIIST FOf M.ItlES 1JCT1IK COlXTKr Expcriecccd TTorhnen, - 4dlr -.pmUm'htitmem tla t oar patron. WE fofJCTT AVL JOB WOEK, Wih U.o wsnrance tint h will bt W m NEATLY and i CHEAPLy . - , . . at it cotiM l done eltcwbrre. HATE TOC BILL-HZAD8, " IZAXD-niLLS, p os runs,.' 4 ; CARD S, CATALOGUES, ; XT-LAWS, LEGAL XLAS&, LETTERHEADS, ;': CIRCULARS,, ELECTION 2 OTICES, ETC., ETC ETC. Printed at the -- r ...... - .. ;...,,: "REPUI1LICAN,''. OFTIE , '. o; :22-Cravca Strc:t July IS aj-rf
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 23, 1868, edition 1
4
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