Newspapers / New Bern Republican (New … / Oct. 24, 1868, edition 1 / Page 4
Part of New Bern Republican (New Bern, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
j IN RELATION TO THE POWERS AND DUTIES OF, CLERKS OF SUPERIOR The General Attembly of North Carolina do enact w--'.:ro vi . t . a, .ps-"iiiil,. -.j.;- f Section 1. That as this act be incor porated in the general act respecting-the prac tice and proceedure of the courts required to bo reported to the General . Assembly at its present session, ; by the commissioners ap nointcd for that purpose" it will be printed in that general act and not elsewhere amongUhe acts oi; wis uenerai .sseiuuiy. uiuess uiuur Wise hereafter directed. , .-"i f - r Sec 2t The Sf crctarv of State is require to have tae third section of this act, and lhat portion relating to the Superior Court Clerks; printed at least weekly in r fourVpiapers Vpubi lished in this State, and the sum necessary for that purpose, is hereby appropriated from any a monies in me treasury nos oiuerwise nppru priated. " ' " ' Vj.VSj'.Vr' ..v-j r Sec 8. Tlie terms of the several Superior Courts of this State shall begin jn.each year ai the. times hereinafter stated, and shall contin- VL9 to be held for two weeks (8undays and lev gal holidays excepted,) "unless the business, hall bo sooner disposed of. : r. ; , : : j r ; fibst! judicial. pjstkict. , - Jrrile county first monday in Alarcu ana October. - - - ' Hertford, third monday in March and Oc4 tdberii. '-' - a:,- - a i q s::tii-?ul V Gates, fourth monday after the first Mon day in-March and October. 4 ' cl3howan, sixtli monday alter me nrsi mon-i day in Mareh and October, i ' VxFcrPluiuian8 eiffhth monday after the first monday in March and October. -J . Pasquotank, tenth monday after the 'first monday in March and October. v: Camden i twelfth monday after the ' first feiohdav in March and October. , - " OiirritHr.k- fourteenth monday after the first monday in 3Iaroi and October. ' , ; SECOND JUDICIAL DISTRICT. ' ' . tiTyreH couhty the first monday : in Septem ber and February.. , VVasmngion, miru 'inouuay m oepicmuer and February. Martin, second Monday after the third Mon day in September and February. . Jllyde,' fourth Monday after ;i lie third Monf- dav in September and February. Beaufort sixth Monday after the third monday in September and February. Pitt, eighth Monday after the third Monday in September and February. , j Edgecombe, tenth Monday after the third monday in September and February. THIRD JUDICIAL DlSTriCT. rvrWayne county the first Monday in Septem br and February. ' " ' Jones, third Monday in September and February.-, r v-' : a Ortslow, fir8tTiionday after the fourth Mon . day in September and February. I Cmyen. third monday after the fourth Mon day in September and February. Lenoir, fifth monday' after the fourth Hon- 1 dar in SeDtember and February. Greene, seventh monday after the fourth monday in September and February. Carteret, ninth monday -after, the fourth Monday in September and February, a a 5 ; - 1 Wilson, eleventh monday after the fourth , monday in September and February. rt FOURTH JUDICIAL DlSTriCT. a .l&bcson '.county, on the fourth monday m August and February. Bladen, second monday after the fourth monday in August and February. : i f Columbus, fourth monday - after the fourth mondjiy in August and February. 1 .Brunswick, sixth monday after the fourth ? inonday in August and February. ' New Hanover, eighth monday after the fourth uv lidty in August and February. ? k Sampson, tenth mondav after the fourth u monday in August and FeWuary. , Duplin, twelfth monday after the fourth monday in August and February. f, , , FIFTH JUDICIAL DISTRICT. Harnett county the second Monday in Au gust and February. - Moore, second monday, 1 after the second ' monday in August and February. . ' -Montgomery, fourth monday after the sec- , ond mondav in August and February. Stanl- sixth monday after the second mon dav in August and February, r Union,-eighth mon ay after the second naonday in August and February.- Anson, tenth monday after the second mon day In August and February, r Richmond, twelfth Monday after the second monday in August and February. Cumberland, fourteenth Monday after the j second Monday in August and February. 1 BIXTU JUDICIAL DISTRICT. Granville county Becond Monday in August and February. ' Warren, second Monday after the second monday in August and February. Fi-anklin, fourth Monday after the second monday in August and February. . Johnston, sixth Monday after the second Mondav in Acust and Fehruary. Wake, eighth Monday after the second Mon- day in August ana a eoruary. .t.- U'lf.iHastt, teutn monaay alter ine accona mon- ..lf.l, tA.,; tl,ivMfl Xlilllia., IVTGlllM jjiwuuuj niv cv.uuu monday in August and February. , r - - Northampton, fourteenth Monday after the ' iecond Monday in August and February. BEVENTII JUDICIAL' DISTICT. - - nuilford count v. Ithe first Monday in. March and September. a ? j Rockingham, the second Monday after the first Monday in March and September. Caswell, fourth' monday after the first Mon day in March and Beptemoer. Person, sixth monday after the first Mon .v In Mjirch and SeDtember. Orange, eighth monday after the first Mon dav in March and beptemoer. Chatham, tenth monday after the first Mon rrh nnd Sentember. i : t?.inrininh twt?lfth Jfondav after the first Akrch and Sent ember. AiamnnM. fourteenth ITonday; after the first 4bnday in M arch and September. , - a EIOIITn JUDICIAL DISTRICT. Davie county, the first Jonday in April and 8eptRtnber. ' . , ., . . I Rowan, third Monday in April and Septem ' lvr i' ' . ' .,-' - a- r iDavidson, second Jfonday after "the third VnnrUv in Anril aml SeDtember. Pnrsvthe. fourth - Jondav after the third Jfunrlftv in Anril And Sentember. ' Stokes, sixth Jonday after the third Jf on dav in April and September. - a ; i . Surry, eiirhlh .uonday alter ine inira yuon thw in Anril and Sei)iemlcr. Vadkin', tenth Jonday after the third Mon day in April and Septcmoer. ,aj NINTH JUDICIAL DISTRICT. . : Polk county, the first Jonday in Jarch and Miirfnl third Jbhdav in Jarch and , t '1-vpUnri. second Joday after the third l Mnn;iv in Aarch and SeDtember. v T.tnroln. fourth Jondav after third Jbn- ; day in Jarch and September. Baawvv. w aX rrriS,r.ui v in Jarch and September . I irbtpnhnri'. eisrlnh Jondav after third t Iorrh nnrl Rentemher Cabarrus, tenth Jbnday after third Jonday in Jfaich and September. ; . . ... r TEXTH JUDICIAL DISTRICT, 1 ' iV',k mnntv . flrat Jbndavin Jarch and ; September.: -. , ' 'Alexander, third 4onday in arcn - In M n9epmb: ' Wiljkes, fourth 3&nday offer third Jbnday i n m arch and Septembers a. ... -- ? ? i. - Caldwell, "sixth Jfonday after third jbnday in march and September. " ; ; ' r : ; Bark; eighth Jonday. after third -Jfonday in 3farcband Septemler.'- ; m : j, .:Fr; iicDowell; tenth ifondaY after third Mon- 4 ... i: t " 'ELEVENTH J U - , ... ..... ,i f AV DISTRICT. ; Alleghany county, the first Arr51 anH HontomKav ' - . Jbndayv- in t. asu, .ijiiru juonuay-in April ami -Dejneinuer. WauUtiga, second iinday after third Jbn day in April and September. " " ! : Jfitchel V fou rt h Jfonday after third Mon day in April and September." - ' ' " Yancey, sixth Monday after third Monday in April and September, i - " iw v) Vp madison, eighth Monday after third lion- in Apn l and epi ember. 'ijfb ""." Mon- Har in Anril rhiI Rpntpmlvr . TWELFTH JUDICIAL DISTrCT. Clay county, the first Monday in April and oepiemoer. Cherokee, third Monday in April and Sep tember. : r.': ? - t - Macon , second Monday af ter third Monday in April and September. L Jackson. fourtltMonday after third Monday in April. and, September. , Haywood, sixth Monday after third Monday in April and jseptember. Transylvania, eighth Monday fterrlhird Monaay in April ana oepiemDer. ; Henderson, tenth Monday after third Mon day in April and Septeiiiber. - ; ... . "... . OF THE QUAMFICATIQS AN p &EK JSUAL. 1JU TIES OF OLEUKS OF THE ; SUPERIOR COURTS. , ,t J..- Sea: 1.? Jkt the first meeting: of Lithe iconnty I commissioners of-; each county after the elec tion or appointment of any Clerk of a Supe rior toun, ii snan De ine ouiy oi the clerk to deliver to such commissioners a bond, with sufficient sureties, to be approved by them,' as is now required fey the law, payable to the State of North Carolina; and with a condition to be void. if. he shall account fprinny. andl pay over accprding to law all monies and ef fects which have or may come into Txs hands by virtue or color of his, ofljee, and shall dili gently preserve-and. take care of all books, records, papers and property which have come or niay come into his possession ipby 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. ;a i ; BONDS - HOW APPEOTED, &C. r. Sec. 2. The approval of said bpnds by the commissioners or a majority of them, shall be recorded by their clerk, any commissioner ea on recora. Any commissioner approving .. 4- a oona wnicn ne Knows or oeiieves to be in snmcient; shall personally be liable as if the was a surety thereto. The said bond ackno wl edged by the parties thereto, or proved by a subscribing witness, before the clerk of said commissioners, as their presiding officerreg- lsterea in tlie office of ; the register of the county, in a seperate book to bekent bv him for the registration of official bonds, and the original with the approval thereof endorsed deposited with the register for; safe keeping 'me like remedies shall be had: upon said bonds as are or may be given by law on offi bonds.5 ' "; " -a" : ' - i- : , QUALIFICATION OF CLERKS. Sec. 3. Every clerk of the Superior Court, before entering on the duties of his office, shall take and subscribe before some officer authorized by law to administer an oath, the oaths- prescribed by law, and tile the same with the Register of Deeds for the county., FAILURE TO GIVE BOND. Sec. 4. In case any elerk shall fail to crive bond and qualify as above directed, the chair man of the county commissioners of his coun ty shall immediately inform the Judge of., the judicial district thereof 4 who shall thereupon declare the office vacant,' "and fill " the same, and the appointee shall give bond and quali fy as above directed, f 5 a ; . . . OFFICES WHERE TO BE KEPT. Sec. 5.' He shall have an office in the court house, or other place provided by the countt- commissioners. in the county town of; his county. He. shall give due attendance in person or by deputy; at his ofiice, daily,-(Sundays and legal holidays lexecpted,) "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, Sec. 6. Immediately after he shall have given bond and qua'ined as aforesaid, he shall receive from the late Clerk of the County and Superior Courts, and Clerk and Master of the Court of Equity of.' the countv all records. books, papers,-money and property; of tb'eir respective offices, and give receipts for the same; and if any such late r clerk, or clerks and master, shall refuse or fail within a rea- sonaoie ttme alter aemana toaeuver sucu re cords, boolcs, papers, money: and proncrtyl i,Voii iiw- Xl.azi j they shall he respectively liable on theif offl C;al bonds for the value thereof, and beheld guilty of a misdemeanor. TO RECORDS, EC. Sec. 7. He shall keep iri bound vol lmcs !a complete and faithful record "of all his official . a , - ' , - Y. - - i , . - . acts, ana give copies inereor to an persons ae siring mem, on payment.otne legal lees. Sec. 8. The clerk shall keep the foliowine books; f a r f- hUt-G' 1 ! 1. A docket of- all writs "--of summons, or other original process issued by him, or re- turneato nis omce. i nis aocaret sn&u con tain a brief note of every-lproceedlngwhat-ever,J in eachTactFon, up t6"thenffEarirarmcnt inclusivr. : 2." An Execution Docketr in which the ub- stanse of the judgement shall be recorded.' and every proceeding subsequent thereto, noted, with an alphabetical index. Docket oHll issues of fact Coined ?eI; Vhltl S'ilSl 3. A upon the pleadings and other matters, triable before a jury, and of all ; other, matters 'for hearing before the ludges, at a regular term of the Court, a copy of which ; shall -be fur nished to the judge at the commencement of 4. An ulnhahetical index according to the names of the plaintiffs, of all ' final judg ments m 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 jeacb, - RY WHOMTHE BOOKS ArE TO BE VSJTS- ISHED. '.' The books 'specified 1 Sec. 9. The books specified in the above section shall be supplied to the .clerks ;Of the bavpta! cnnntiia-hv the Senretarv of Rt&te. ait the expense of the Statc and the Secretary shall: as soon as possible, "transmit an ac- " ' . count, thereof to the chairman ,t)fthe County Commissioners, in order that the 4 price may be:- levied in tbe 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 as for other taxesJThe commissioners of any coun- tv failine to cause such sum to be levied with the other countjr taxes shall be guUty of a misdemeanor. - , a , 1 PAPErS IX EACII ACTION TO BE' KEPT SEP- jltate - S g cIerk all xhe papers in each action in a separate rdU or bundle, and t Star termination attach "together: properly i label, nnd file them in order of the date of and ; final judgment. " - ' ' . Sec. 11. At ewy wgnlar (ton of Hope- rior Court, t he fidllcitdr fbrthe-Jadicial Dis- tncl shall inspect the office of the clerk and report to the court in writing. If any clerk, after being furnished with the necessarv books, shall fall to keep them up as required by law, he shall be euilty 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 ina. op8eu.qji mnx, ne naji ue i iiauiej.io u UtnauCTJ and ui uve uunarea aouars vu auy person wno shall sue for the samel . ' " ' " existing sifrrs. --. The following sections, numbered 1, 2. 3. 4, 5. relate exclusively to actions which have been commenced, and in which no final judg' mem nas oecn rendered pnor io me raunca tion of this act. as a part of the Code of Prac tice and Procedure. ciVi A CLErKS TO DOCKET EXISTIXQ SUITS. Seel. The clerks of the 'Supenor Court 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 pay ment of a fee of one dollar, shall enter on a toanMvnA r1rtl.'A oil anfta TO Vi lli m t ft cation aforesaid.hall have, beeh CommeheM be r M whtcli friaJ Mietnenl'hnsinot been fprw-1 dered tn the 14te County Courts, Suoerior Courts of law, and Courts of Equity, of their respective counties. - now such suits rrocEEDKD wrm. '. !- Sec, 3. And every suit not so transferred within the time aforesaid, shall be abated and the Clerk of the Superior Court shall tut COStS against the parties liable, and Collect the, I same Dy me.propen process. ( :ir s . r -.r v Sec.; 2TTbe said sdlta shall teroceeded in, and tried under the existing laws and rules applicable thereto. After final .judgments shall be rendered therein, the Clerk shall en ter such judgments .on r the execution docket j 1 1 a mlr ' - . . . required 10 oe ;. uv nira; ana ine suDse quent proceedingsshaU be as provided for ac tion hereafter to be commenced. . ! EXISTING t JUDGMENTS NOT DORMANT. - Sec. 4. Existing jrfilgments and decrees not dormant may in like manner be entered on the execution docket, and the subsequent proceed- 111KS aunii uc as is presunucu lor actions ncre 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 JUDGMENTS. Sec. 5. Judgments or decrees which are dor mant at the ratification aforesaid, may be re- vived or enforced in the manner herein provi- aea. ACTION COMMENCED AFTER THE RATIFICA TION TO SECOND OLD DEBTS, &C. ' Sec 6. In all actions hereafter commenced,' founded on such contracts as are provided for in an ordinance of the Convention of thxi State, entitled An Ordinance respecting thej jurisdiction of the Courts of this rStale " rati; fied 6rttlte lithrITBCcTrthesum-: mons snail be made returnable to the term of the SuperiorCourt therein designated, and the subsequent proceedings shall be in accordance with the provisions' of saifi act. EXECUTIONS LEVIED ON PERSONAL PROPERTY Gee. 7. The late SherifF of any County hav-' ing in ins nanus any jiere jaetas execnuon. which has leen levied on personal I property-of the defendants, which is unsold shall proceed to sell tjhe 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 ot; which .the writ is re turnable, 'the proceeds to be paidby the Clerk to the rarties entitled thereto. EXECUTION SATISFIED. Sec. 8. The said sheriffs shall in like man ner return nil executions in their hands which are satisfied, whe ther by a pale of property or otherwise, and shall pay over any proceeds thereof. EXECUTToX ; 2?QT i LEVIED -AT ALL,.' OR TEV IED OX HEAL rROFEItTY. f - a Pec. 0 (: A, soonjt the successors of the Kiid late Sl.c.riffs' shall lnve qhalified and given bonds a required by law, the said late .Sheriffs shall deliver to such successors, all writs of executions in their hands which have r.ot been sniistiod, and have not been levied nt all. or wliichfjhavei bee n leviecTon property wliirh has been sold, and a residue remains unsatisfied, or, .have been levied 0:1 real pi-operty which ih 'whole or in part re mains unsold, wilh a return stating any re ceipt of money by them, and their action und r 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 uourt of which the writ is returnable. Any henlf failing to.make due returns Of !suCh writs: delivered to him. shall foirfeit and nnv nns lmiirtrorl stil t nnn iummi rriaVtf1 1 1isor1 ft Vu TfrxrTA rr turit lain aa,sw-'v wmm ' j w rm ivwi W4VU wee iiirssi to the Court before which the writ is requir- rr i'ji I, !lV parlarfijvtatisTiwri ; Am. at 11 . to the crk of the Superior court of the count v. to anv onnrt of whlrh tho writ U returnable for the use of the parties entitled thereto under . the penalties nov provided by law" in case of failure " '"' " . ' EXECUTIONS TOIIE DOCKETED. Sec. 10. .The 'clerk Jof any Superior Court to which any execution shall be re turned as is above prescribed shall at iho r quest of any person interested therein, nnd on ine payment of one dollar, enter such vx ecutions. on his execution docket, and the. like process may be thereafter had I hereon as is provided in similar cases on judgements recovered after the ratification of this act. PENALTY- ON 8nERTFF8 fOR FAILIKO TO Skc 11. Any late Sheriff or other officer havine .executions in hia. liands. and failine t0 .m-ake due rctura therof antl Proceed as rein ? prescribed .hall in each . cSsc forfeit and pay to any any person erieved. one hun dred dollars, be recovered on motion of the court. - . " JUDGMBNT NOT DORMANT. .WflEN Sec. 12. ; No -judgment shall le held to have become dormant by reason of; any stay of execution thereon in obedience to any general or special orders issued by the Gene ral lately commanding the military District of whichjhe State of North .Carolina fortned a part, and-the time during" whkh execution was so stayed, shall not be counted in deter mini nzz any r queslion.5 respecting adjudgment being dormant. ordinance op. 14th. oz march 1868. not I r -t rt --r " .1 m t 3 's ojj.-10. i xauiuuii; : n .Aaiwi 'nea 8all affect or impair any right given by an ordinance -of the - Convention ?Qf . this State, entitled an Ordinance respecting the juris--diction of the 'Courts of .this. Hutrv'unttified the 14th day of March 1868,-in the cases to which it is applicable!' ' i'.: .'i.Tz ' . . Ratified the 14th day "of Angusr," A. D 1868. " ! - .-..X , (8igned,) JOS. W. HOLDEN; a -! Speaker- House of iReprcsentatives.,. (Signed.) TOD 1L UALUWJSLiLi, , , , President of the Senate. STATE OF NORTH CAROLINA, Office Secretary of Statk, -, , T , . .Jtaldght Aufftegt .231868, ; Iv Henry J. Menninger, Secretary of State, hereby - certifv that the foregoing ir a true copy of Unoriginal act on 1 in this office. '.tVun, J.fMENNINGER, tertiary of fratt. the loportani AWicIc Id "tUej. iciT tousuiuiiuui 1 Y Airricisiv. r ? j vnwi ax;- de iARTai ent. - Soction 1.' ' The diktrnetion between' cUonr at Taw UJ.addiaettoBi aaiu ahaU be a&oiubea and there ahaU be to thia dtatebotooe form of action, for ine emorceococor protctio of private rltu or the rediaa of private wfon which eiall be dcoomlnatcd a dril action ; aud every actl6q preeented by the people of the State aa a partyVagaiiUt a porsoA charged with. a. public offence, tor the panistunent of the eiane, ahaU be termed .a crim. tnal action. Feigned iesoea shall alao be aboUihcd atd the ractat lsae tried by order of court before ajnry. - 8ec2. Three Comcilaaiooera ahallbe appoicUdby thia conTestlon, to report to tbe General Aaaejnbly at lta first aeaaion after thia constitution shall be adopted by the people, rnlea of practice and. procedure in ac Mnlnoe with the brovf siona of the t orefotne eectiea. and the convex tioa shall provide I n the cunnalasioDera reasoaahiecoinpeesauoa. .. ... ,. , ... .: t ticc 'X. ' The aame commtaaionera shall also report to tbe General AswemWv aa soon aa Dracticbl. a coda Of law of North-Caroiliia. The Governor, thall have pow er to fiJI thd vacancies occurring In thia commiaaton. . : Sec.. C' The judicial power of the Bute shall be lted Id a coart' for the trial of Impeachmects a Snpmnt coart, Snperior court, court of fustic: of thtTeace ana ipeaai eoima4 : t,t.. ' v cc a. 'i. ne court for tbetruuoz iropeacnmenta anau the acnate : a majority of the jaeiabera tball be nee- esary to a quorum, aAa tbe Jodsneot ahanno eu&d in this State, but the party ahaU be liable to Indictment and Daniahment according to law. . Sec B The Ilouse of Reorrventativee aolelraaall have the power of Impeaching. . Kopertoa shall be oo&t vjciea wunouif xne - concurrence oi iwo-tniras , oi toe Sena tore preaenC. When the Governor ta Impeached the Chief Justice shall preside. - ' ! . Sea 1.' Treason against the 8tate ahall eonalat only' la IcTjiaj-rsr agalBt.lt or adhcrln tolUenemleaj gi uciu uu wuuuib xiv pacaanou oe con- lctJ v treaaon bnleaa on the leatlraony of tWwtt- -tic6ee to the earn over act, or on conf eealon in bperi com., rto: conviction 01 treason or aiUlodcr shall work corruption of blood or forfeiture. . . t . -8ce Tae Sppreme coart shall conalst oaCtlcf Joattce and four Associate Jasticea. - - - i-ec,- v 1 There: shall be two tenna of. the 8tfptetne. conn ueu at jmo seat oz Forcrnment or toe state in each Tears, commend bz on the first MotvUt in .Jtnei. ry, and first Monday . In Jane, and continuing aa -ions 8ec 10-. The Sflpnnne court shall have iarledJctloa to review, npon appeal, any decision of the coarta be low, noon any matter of law or lecal tnterfmr -hut no ieeae of fad shall .be .tried before thia coart ; and the court ahaU have power to Issue any remedial write neceefeary, to Rive It a general aopervlalon and control 01 toe interior coons. , r ' See 11. The Supreme Coart shall have orlrlnsi-iorli diction to hear claltna against the State, but lta decis ions shall : ba. merely recommendatory; no process In the nature of execution shall Issue thereon : thev ahn be reported to the next' acaaloa of the General Astern- bly for lta action. 1 See IS. The SUto shall be divided Into twelve Judi cial a inn exs ior enca oz wnicn inore anau oe cnoeen who shall bold a bb perl or court In each coonty In said district, at least twice In each Jer. to continue f ot two weeka nnleaa the beslneM ahah be aoooer dipe4 of. Sec IS. Until altered Dy law the following rU be tbe iadiciai districts. .First District Currituck. Camden. Pasquotank," P5r- qnimana. inowan, uaura. ueruora, ucme. 1 Second District TyrdU Hyde, Waehlngton, Dean fort, Martin, Pitt, Edgecombe. 1 Third District Craven. Carteret, JoDea, Onslow, Greene, Lenoir, Wayne, WITnon. 1 Fourth District urunawlck. New Hanover, Dnpun, Coiambna, ltladcn, ampaon, I io be son. ; 1 Fiftn District Combcrland. Harnett, Moore-'lllch- mond, Anson, Montgomery, Stanly, Union. i Ul.ll. t . l t V . . . 1T L Wake. Nash. Franklin. Johnston. Granville. Seventh District Person. Orance. Chatham. Ilan- aomn, uaiuora. AJamance, Caswell. Iiocklnrham. 1 Jiiehth District btoicea lenth District btolcee, torsythe, Davidaont,Row- an, Davie, Yadkin, Barry. Ninth District Catawba. Cab&rraa. Mecklenbnnr. uavie, lAGS-inu oarry. Lincoln, Gaaton. Cleveland, Kutherford, Polk. Tenth District Iredell, Darke, Caldwell, Wilkes, Alexander, McDowcL Eleventh District A llefrhany. Aahe, Watatgja, Mltch- ell. Yancey, Madison, Buncombe Twelfth District Henderson. Transvlvania. Hay wood, Macon, Jackson, Clay, Cherokee. Sec 14. Every jadfcre of a Superior Coart ahaU reside in his district while holding his ofiice. Tbe jndee mav exchamre districts with each other with tb eon. aentot the Governor, and the Governor for rood rea- aona wnicn ne enou report to tnw L?isiatare at its cur rent or next aeaaion. may require any jnrttre to bold one Or more specified terms of said coarta in Ilea Af tbe jadRe in wjose district they are. .. . 8rtC 11. The Snperior Court" shall have exrrnslve onjrlnal jurif diction of all civil actions, whereof ex clusive oripinnl inridictIon Is not riven to soraeother Court, and of all crlmiual rtio:i in whlrii the pnnUh mcnt may exceed aline of fifty dollar or itnpriopnient for one month. . . 1 Sec 10. The superior cor.it sh.tll have sppollcte in ripdlction of all isne f law or Inct. dcterminrl a Prolwtu Jud;rc or a 7ufctirtof the Peace, wht-re tlf nir.ttcr in coutruverry cxci-ds twenty-Cve dollats. and of matters of law In nil raK-s. it Sec 17. The lerk'f th:ierior coansfhall haV jurisdiction of th? pro?at' .f devl. the jrrantlnjr of letters tc?tiimcutsTT ard of amiuirtraiicr. the sp pointmrnt of rnan.ifi:. the frprrrtIHT nt Orthana to andit the accounts.nf cxrentora. administrator tv.A EUftrdtanji. niul of sih-Ii otlivr mstters a hal lie pre scrihod ly law. Ail lssne of f act joined before them j shall be "transferred to the superior conit for trial. and appeal shnll lie to the superior coarta frow their junrmente in all matter or law. Sec. 1. In all isue of fact, joined in any ctrnrt, the partiea may waive the rijrht to have the esme determi ned by jury. In which case the fimUec of the Jndre tip on the fact, shall have the force and effect of a jury. ; Sec 10. The General Asacmbv shall provide for the establishment of Special courts, for the trial of misde meanors. In cities and towns, where tbe tame may be necessary. "Sec ta The Clerk of the Supreme Coart shall b appi Intcd by tbe coart and shall bold hlaoScefor eltrhtyeara. " . t. Sec 21. A Clerk of the Snperior Coart for each county, shall be elected by tbe qualified voter thereof, at the tirao and inlhemauucr prescribed by law, for the election of mxnbr( of the General AemUv. ' - Sue 2.. Clerks of tbe Scperlon Courts shall hold their oficea for four yrara. . , rc-ulatc the feea. aalarlc, and emolnmcrta of all offi, cer provided for'Iu thia Article; bntthe aalartea o The General Assembly shall I JVPC' a . ' j Sec 34-. The laws ot Kortn Carolina, not rennrnant to thle CooetltallouVor to the ConaUtutioe. and lawa I trinsferrcd to tbe conru having rritdictkn thereof i wi.honl Pjodice by rraui of thechaace, and all aoch art Suns find salts. cmiMCDced tefor. and pending at, 11m uduptioo hj tlie tlncral AssciuMt. of tbe tulcs of practico and procedure bcrein protndrd tor, shall ke hcara ana acterminra. accoraine to tbe practice bow In UKts unless otherwise provided tor bf said nrtn. i brc. 26. The justices of toe Sopreme Cooft shall be elected br the qnallflcd voters of the State, aa Is prol-j drd for the election of member of the General Aam bl v. Ther ahaU hold their officea for elirht rears. Tb wi?eof -theSnpettorConrt'sdudl be elected la like innnncr, and shall hold their offices for eUht years ; bat tlw Judge of the Superior Coart elected at the first t-U-1-tlou ncder this constitution, shall, after their eleo under the s npeilntendeoce of the Justice of the Sitpremo Court, be divided by lot Into two equal claaW, ouvtof which shall hold ofOo for fwir jear,-tbe other fnf ei'rbt-Teur. . - - r..... . . t S-c. J7. The General Assembly may provide by law that tbe jud?c of the Superior Courts.' Instead of be-' ins tJccted hr the voter of the wble State, a 1 here en provided for. shall be elected by the voter ot Osir rMTOT-tlve distrirta. - 1 ; bee 2. The Snperior Courts shall be, at- all tlme, open for the transaction of ail husla w libra their la rtwlictlon, except the trUl of iaaaca of fact, requiring . )bry. - i. " . a v - $ . Sec 2 ' A solicitor shall be elected for each jadldal district by tbe qualified voters thereofas li prescribed f ornufmber of tho General Assembly, vfco shall bold office for the term of four years, and prosecute oa be half of the State, in all criminal actions to tbe Superior tourta, in advise th- officers - of iustlce la bis dla- .trjet l-1' r. ' - - - v Sec. SOw- in each bounty's Sheriff end Coroner, sha'l be eifectec- by- aneualined voters thereof, as is pre scribed for members of the General As-emlry, and snail hold their offices for two year; Itr each township there shall be a Constable elected In tike manner by the 'voters thereof,-who shall bold his office for two year. When there is no coroner In tbe coenty, the Clerk of tho Superior Court Sot the county may appoint one for special ce . In case of a vacancy existing for any cause, tn any of the offices created by thia section, tbe commissioners for the cennty may appoUllo soch of fice for the unexpired term. . See SI. All vacancies' otTuniug in the oQcea provi ded for by tht Article ortbe Constitution, shall be filled by tbe appointment of the Governor, unless oth erwise provided for. and tbe appointees shall bold their places until the next regular election. I . See. "S2. - The offiorra elected at the trit 'election beld I under tkls Constitution, shall hold their office for the terms prescribed Tor' tnem respective! v, next ensuinr after the next rep-alar election for member of tbe Gea eral Assembly.- Kut tbeir-tenD tbaU beiria upon the approval of this ConsUtutloa by tho Cobfress of the United State. . - , Sec S3. The several iatticee of. that . boeeat ahan exclusive original iuriwilctlon under aarh TwrtilatiAa a the General Asretnly ahall prencfloe, tSt ail dvil roceeds of execution! I wmtea statee. soau oe la xorce vnui lawfully alV . ii.iri t rtcrcd. " i. - ,., ... . - ! II. snuiic in euiianus.ui , ,irtnntt . n.ntt,lHM.i.- AtJ I ill b'ty' niird1 tfrxli1m U tbla Constitution ahaU ro 'nto effect. shsll be i.ionsiounieQ on convracx. wnfreiu lherrm demanded ball not tvro hamtmi dollar. , and wherein the ,:IC . . . UMU DO' o tn Ttyntrovcrrv, and of IfmlvMlBBatter amine; within tfaelrcocntlt where IMprrnjehTnents cannot exceed a fine of tfty dollara. S:AB,t,VT,T, aoth- When aa tasne of fact W M joined rbefore lortlcc otf demand of either party thereto, he should caa-e a jury of six men . "'"vi,'u idj try u same.- Tae party against whom judnnent shall be r-.adeTed la any dvLl UlWa. SUMY DDeai TO TAA Wsa wmmuw fVt v WDCtM If I hF ind'rTTVTlt ihaH mT-A aMea 9- 1 lar. theraiaf K- now trlsl of tbe whole matter SlfEri ltv,c,Vin: "atl' the ludrmeat shaH be ,n or 'B the rase shall be beard vU coart, onjy cpon matters of lrw. la all fL ajminal tutare, the .party acainst whom Judpnent U (rtven mav appeal to tee Superior Court. broo'sht before lastlce; It ttm nal a -rctfl tt VU procoedlxra, and like the aaoa with the Clerk of tit bo pet lot tocii oi imXk consiy. bee. M. W beh the oOce ot JuUce of th Teaea shaS become vac act, otherwise than by the exptrailoa of the time, and in caa of the f allare j (ha voter of any 6 U trkrt to elect .the clerx., of the eapcriof eoart tor the coanty.'ahall atpolrt to fUl the vacaacy f or thecxz pired tana. Bee EX la caae the rf3ce of clerk est a tvperior ccrort for a county shall becotue vacant,' other ise xUa the expiration aX the term, and' La cac : tJ a fiinr ty the people to elect, the Judge of the boperior Court fpr the county etull appolst to til the vacaccy, urVU a election caa be rrpilarty held, .'Merchants' Club Houbo," ciijLYJarjiszTm. . t -- Near the Post Office, NEW BERN E". N . C. PERSONS ewmlx U TTawafs; wdCsd thU a at and coanXorUUe plaoatorte4JaX -Bvery atlaaUaa paid to "(testa. Alwaya supplied wilh the beat of WKea, llmara, lad Clears, TABLES With all the market wQ aapply. LODGINGS, Unaurpaaaed. ltayl-1-tf. rropritter. A cent "Wanted row rmm OFFICIAIi HISTORY OF TUX WAR, Its Cause, Character, Con duct and Hcsulta. By Hon, .Alex, II. Stephens. A Book for all Section and all TartUi. nnnia great wrk-prcaenU tbe em!y eeeapMe JL 'rn)parUaamalye1a of Use tae of lk War yet published, and rivee thoee laurior jlrhta and ahdewa or tne pl conoid only known ta tw arn sCcwa woo waicnea ue - sooo-tiae or revoieuea rrem lta fountain s prints, and which were ao acorastble to Hr. Biepneae from nia poaiuoa aa aacowd oGccf of the conieoerary. To a nnblie that haa been srfttl wtiV AM4, RENTLY MIUILAR PRODUCTION . we orossU i ciianire of fare, both agreeable acd aalstary. and sa ta- leuccxnu ireai or in nif nest oraer. Tbe Urtat A ncaa war baa AT LAbT loo Jd a htatorlaa worthy of ltalmportanoe,andatwboehandalt wU reeelw thst moderate, candid and Impartial treatment which truth ana )uuce so urgently demand. Tbeintenaedraire evarv where msntfesfed t &mJb thia work. lta Odrial character and rrmdy al,e: Uned with an lncreaaed rommlHlin, maka It the beat anbscriptien book ever published.- tune Arent in aaion, l a., rrporU TS aabacriUri la mree oays. JOne In Boston. Usi. 1M salMrrtWra tn taarSam ' . One la Memphis. Tcun., 10 aubacrtbvTa Vn nvt iry Bend for Clrculara and t4 oar teraa. aed a fall ae acriptlooof the work, with Prrae notice cf advance eneete; cc Aaam NATIONAL PTBLIsniNOOO.. J8 South Seventh rhlladelLLla, Fa. April 30 xw GERMNTOWN TELEGRAPH. A FAMILY and an AGHI : CULTUKAL, JOUHIVAI-. Xevoted to CnOICK LITERATURE. lwAn&rTo try, Novclettea, Taleaand Moral and KntettalalitcReaA. In?, renerallv. In the Literary jrvpart&eet wa shall present I be choicest varieties within the Tt achof oar extended mesne. ?d meana. The KovWtt. TaJea, Toetry. 4c rnpplled from the Wat and highest sparer. aM shall be be ec4nal to anjtMr- to b found tnaty jonrcal wr unc. ; A G RICV I.TUH H Ain) ITOllTICTLTritr, Embradnff Fsmjla-. Gsrdenln. mU-HaisInr. ete- Doriancr in tni department for over thlrtv yrsrs. f have mrt the cordial arprt.batian of tbe mK1!c. fHtr j . .... . 1 . . M a . . t ,f ...... 1 atlon Bn these vriy !iPportri.t br&neLe rf ludcirr and to piotet tbm o fsr a lth!n ytr pt.r si!rt the false doet 1 Ine aid eIfih (.crote of tbe tasay einuir.ru sea n?w.i;Qn iuitt lurers we wi.irn rsrm erlIrrrMBr.tly as-alVd. ThU f-ct'on ef tbe Jn vaktowx TxLtwRaru Is slcrc worth the price of eib acriptlon. NEWS DEPAKTUENT. Tle aame Indastrv. car, stn! dIetlntBais. la nth- erlajr and prepailrc tbe ilnlrr ev-nte rf tbe da v. ev preaviy for this paptr. wbkh hltltrtn bsa ef its maraed tertarv and r rrr oeh ci(vetal etiafao. t!on win be eontleaied wltaTrrdovhUd etlirtta t saeet tbe IncresMr-t!mar.ds of tl e puKIe. TElt3JS.Two!cllaraatd efty rrnta per aanam. Xo order received ltboot the rash, and alt aScrip tlons stopped at tht end of the time paid for. Speci men nnmbera acct. Addrrs pniLip it rrtKAs. Editor a d Front let r. Crrmat town, Philadelphia, pa. Jane lft-lm. J"0 "B f 01 s v TEE ac- la for M0B"0EE5G!SL r.QtP;U: B;IrI C A IT " - mw uok. gating Ofiice PRirNlTIMGl Jon PiwrTmmp! JOB PBTXTJXGi We call the attasUea f the pehile la Ike raeaat U41 Ue U ear afiie mt a coavpUt Job Printiiig Establishineiit. WITH IBESSES of Ua t Isaprovad and taocara ftarM, j New Type, Borders and Cnls, froea tka 1 FlItST FOUND It IKS IK T1IK COLM JIT Experienced Workmeii. k4aWire UU114 .al hra tiam to ar patreeta. " JTK SOUCTT ALL tTXDl " JOB WOBE, With the ausarance Lhtt it will bw-dems o NEATLY and as CHEAPLY M it could U dons clsswWc : XXATB T0C5 BTLZt-TIZADS, ' . JOB a BAND-BILLS posters, : ; , - CAJZDS, ' ' CATALOGUES. J BTuLAKS; ' ' LEGAL ZLAXX. LETTER-HEADS. CIBOULAIIS. ' ELECTION NOTICES. . ETa etc. Era m ' Printed it tLe REPUBLICAN " 0FFIE , ;..!Id2;.CraTta5tr "j UMihT .bb&u oe aeara new. jn au
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 24, 1868, edition 1
4
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75