Newspapers / New Bern Republican (New … / Nov. 2, 1868, edition 1 / Page 4
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r - . i 1 - - . r J AIT ACT 'IN RELATION TO THE POWERS AND f DUTIES OF CLERKS OF SUPERIOR f COURTS. ' - The General Assembly of 2?orth Carolina do enaet: . " Section 1. Thai as this act willbe incor porated in the general act respecting the prac tice and proccedure of the courts; required to bo 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 acts of this General Assembly, unless other wise hereafter directed. - - ' . ; - , , Sec. 2. The Secretary of State is required to have V.ie third section of this act, and that portion relating to the Superior, Court Clerks, printed at least weekly n four papers pub lished in this State, and the sum necessary for that purpose, is hereby appropriated from any monies in the Treasury not otherwise appro oriated. Sec. 3. The terms of the- several Superior Courts of this 8tate shall begin in each year at the times hereinafter stated, and shall contin- : uc to'be held for two weeks (Sundays and le gal holidays excepted,) unless the business shall be sooner disposed of. illtST JUDICIAL DISTRICT. ,firtio county first nionday in March and October. Hertford, third monday in March, and Oc tober. ' -: .Gates, fourth monday after the first Mon day in March and October. Chowan, sixth monday after the first Mon day in March and October. r Perquimans, eighth monday. after the first monday in March and October. j; Pasquotank, tenth monday after the first monday in March and October. Camden, twelfth monday after the first monday in March and October. f Currituck, fourteenth monday after the first monday in March and October. ! - SECOND JUDICIAL DISTRICT. i ' L Tyrell county the first monday in Septem ber and Februarv. ; Washington, third monday in September and February. , Martin, second Monday after the third Mon day in September and February. ! Hyde, fourth Monday after ihe third Mon day 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. ! Edgecombe,, tenth Monday after the third monday in September and February. THIRD JUDICIAL DISTVICT. Wayne county the first Monday in Septem ber and February. ! Jones, third Monday in September and February. -'. .. ,-; -Onslow, first monday after the fourth Mon day in September and February, j Craven,- third monday after the fourth Mon day in September and February. j Lenoir, fifth monday after the fourth Mon day in September and February. , jCJreene, seventh monday after the fourth nionday in September and February. Carteret, ninth monday'after the fourth "Monday in September and February. j Wilson, eleventh monday after the fourth monday in September and February. VOUllTII JUDICIAL IUSTriCT. Robeson county on the fourth monday in . August and February. Bladen, second monday after the fourth monday in August and February. Columbus fourth monday after the fourth .monday in August and February. ' Brunswick, sixth monday after the fourth - monday in August and February. :j New Hanover, eighth monday after the. fourth in; ntliiV in -August and February. Sampson, tenth monday after the fourth monday in August and February, j Duplin, twelfth monday after the fourth monday in August and February. FIFTH JUDICIAL DISTRICT.; J Harnett county thci'secontl Monday in An gust and February. Moorp, second monday after the second 'monday in August and February. . Montgomery, fourth monday after the sec ond monday in August and February. I Stanly, sixth monday after the secojnd mon dav in August and February. r tJnion, eighth mon. ay after the second monday in August and February, i !j - Anson, tentb monday after the second mon day in August and February. ' Richmond, twelfth Monday after the second nionday iu August and February. Cumberland,-fourteenth Monday "after the jccond Monday in August and February. SIXTH JUDICIAL DISTRICT. Granville county second Monday in August and February. I Warren, second Monday! after the second nionday in August and February. j Franklin, fourth Monday after the second monday in August and February. Johnston, sixth Monday after the second Monday in Agust and February. . Wake, eighth Monday after the second Mon day in August and February. Nash, tenth monday after the second Mon day in August and February. Halifax, twelfth Monday after the second monday in August and February. '-..Northampton, fourteenth Monday after the second Monday in August and February. SEVENTH JUDICIAL DISTICT. . Guilford county, Jthc first Monday in Marclt and September. - i - Rockingham, the second Monday after the first' Monday in March and September. I -Caswell, fourth monday after the first Mon day in March and September. , 'Pe-on, sixth monday after the first Mon day ... March and September. ' Orange, eighth monday after the first Mon day in March and September. Chatham, tenth monday after the first Jbn dnv in march and September. -Randolph, twelfth Jbnday after the first Jonday in Jarch and September. Alamance, fourteenth Jbnday after the first Jonday in Jarch and September. EIGIITn JUDICIAL DISTRICT. "Davie county, the first Monday in April and September. ; Rowan, third Monday in April and Septem ber. ; . - . .- v Davidson, second Jonday after the third Jonday in April and September. - Forsythe, fourth 'Jonday after the third Monday in April and September. . Stokes, sixth Jonday after the third Jon day in April and September. Surry, eighth Jouday after the third Jon-. day in April ana September. ; :-r Vadkin, tenth Jonday after the third Mon day in April and September. NINTH JUDICIAL DISTRICT. Polk county, the first. Jonday in Jarch and September. Rutherford, third Jonday in Jarch and September. Cleveland, second Jo"day after the third Jon4ay in Jarch and September. Lincoln, fourth Jonday after third Jbn day in Jarch and September., Gaston, sixth Jbnday after third Jonday In Jarch and September. Jeeklenburg, eigh'h Jonday after third Jonday in Jarch and September. - Cabarrus, tenth Jbnday after third Jbnday in Jaich and September. TENTH JUDICIAL DISTRICT. Catawba county, first Jbnday in Jarch and September. -. " ' Alexander, third Jonday in Jarch and Hentember. ' , . Iredell, second Monday after third 3nday hi March and September. . ,fV;-.-"' .ji imv's, lounn iuonaay.atter third Jonday. in march and September; -; Caldwell, sixth Jbndayj after third Jbnday in march and September. ; : - - Burk, eighth Jonday - after third Jbnday iu Jarch and September, j JcDowell, tenth Jbnday after third Jbn day in Jarch and September. KLKVENTII JUDICIAL DISTRICT. Alleghanyl county, the! first Jbnday in April and September. . . - J ' Ash; third Jforiday in April and September Wautauga, second Jonday after third Jbn day in April and September, i : - - - -.- Jfitchell, fourth Jbnday after third Mon- (lav in 'Anril onrl fi!arvnmKn' : : . Yancey, sixth Monday after third Monday in April and September, i i madison, eighth Monday after third Mon day in April and Sepjeniber. , .Buncombe; tenth Monday after third Mon day in April aud Septcmoer." " " -v 11WELFTI1 JUDICIAL DlSTriCT o Clay county, the first Monday in April and September. - v -r ; ' Cherokee, third Monday in April and Sen tember. , - j; r:: - . -. : . Macon, second Monday after third Monday in April and September, i . , J Jackson, fourth Monday after third Monday in April and. September. j v . J :m Hay wood sixth Monday after third Monday in April and September. -. J Transylvania eighth Monday after third Monday in April and September. Henderson, tenth Monday after third Mon day m April and September. OF THE QUALIFICATIONS AND GEN ERAL DUTIES OF CLERKS. OF THE g SUPERIOR COURTS. ;j Sec. 1. At the first meeting of the county c)mmissioners 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 commissiohers a bond, with sufilcient sureties, to be approved by them as ?0 equed hy 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 law all monies and ef fects which have or may come into his hands by virtue or color of his office, and shall dili gently preserve and take care of all books records, papers and property which have come or may come into his possession, by Virtne or S!?iVf, 1118 ?ce and; shall in all things faithfully perform the duties of his office as they are orjiereafter may be prescribed by law.- - j L - - BONDS - HOW APPROVED, &Ct Sec. 3. The approval of said bonds ' by the commissioners, or a majority of them, shall be recorded by their clerk, any commissioner dissenting may cause his dissent to be cuter ed on record. Any coa:missioner approving a bond which he knows or believes to be in sufficient, shall personally.be liable as if he was a surety thereto. The said bond acknowl edged by the parties thereto, or proved by a subscribing witness, before 'the clerk of said commissioners, as their presiding officer, reg istered in the office of the register of the county, in a seperate book lb be kept by him for the registration of official bonds, and the original with the approval thereof endorsed deposited with the register for safe keeping. Thehke remedies shall bf had ' upon said bonds as are or may be given by law on offi bonds. j j ; QUALIFICATION OfcLERKS. Sec. 3. Every clerk of the Superior Court before entering oif the duties of his office shalUake and .subscribe before some officer authorized by lawf to- administer an oath the oaths prescribed by law, and file the same with the Register of Deeds for the county. FAILURE TO GIVE DOND. ; Sec- Ia cc any'plcrk Miall fail to giw bond and qualify as above directed; tlte chair man of the county commissioners of his coun ty shall immediately inform 'the Judge of hv judicial district thereof, whb shall thereupon declare the office vacam, and fill the vumc and the appointee shall give bond and nuali fy as above directed. : ; OFFICES -WI1ERE TO J5E KKPT. Sec. 5. He shall have an pffice in the court house, or other place provided by the coun t v commissioners, in the county "town of lifs county. He shall givelidue; attendance, in person pr by deputy, at his office, daily, Sun days andrlegal holidays except ed,) "from 9 o'clock A. m.. to three o'clock, .P. M..v and longer when necessary fori the dispatch of business. ; . . j : TO RECEIVE OFFICIAL PAPERS&C. ec. 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 records books, papers, money and property of their respective offices, and give 'receipts for the same; and if any such late j 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, i : i . ; i TO KEEP RECORDS, &C. Sec. 7i He shall keep in bound volimes a completq and faithful record of all his official acts, and give copies thereof to all persons de siring them, on payment of the legal fees, BO0KS TO BE KEPT BY THE CLERKS. books'- 8 The clerk sha11 keeP tlie foliowing writs of summons, or other original process issued 1 by him, or re turned tQ his office. This docket shall con tain a bnief note of every proceeding what ever,! aeh action, up to the final judgment inclusive j. .:;-: . j.-:-. ; . 2. An Execution Docket, in which the sub stanse of he judgement shall be recorded and every proceeding subsequent thereto, noted with an alphabetical index. V . - ' 3. A Djocket" of all issue? of fact joined uiwn thebleadings and other matters, triable before a jury, and of all other matters for hearino, before the judges, at a reeular ' term of the Cotirt; a copy of which shall i be fur nished to the judge at the commencement of each term i j ; i 4. An alphabetical index according - to the names of the 'plaintiffs, of a II I final judg ments in civil action, rendered in" the" court With the dates and numbers thereof. - - J 5. j A Docket of all criminal actions, con taining a pote of every proceeding in each. BY WIIOI THE BOOKS jA?EiE FUTN- ISIIED. -3T .l-.V uir. Sec 9, The books -snpnifiWli section shall le supplied to tfie clerks of the ooiciiuwuuucs ujr me oecreiary ot otatev at the expense of the State, and he Secretary shall,, as J soon as s possible, transmit an ac count thereof to the chairman of the County Commissioners, in order that the price may be leviedj in the county taxes, and also the Auditor of 4 public accounts, who shall add the same to the taxes f the respective coun ties, and receive and account for it - as for other taxes. The commissioners of any coun ty failing to cause such sum to be levied with the other ounty taxes, shall be guilty of a misdemeanor. 1 ' - , , PAPERS iif EACH ACTION TO KE KEPT EP- ATATE. Sec. 10. The clerk shall keenl the nnrvp.rs In each action in a senarate roll or hnndl anrt at its termination attach together, properly label, and 'file them in order of the date of the final judgment. ' ' i ; -. - SOLICITORS TO EXAMINE KECOrDS, AC, Sec. 1 1 , At . every regular term of a Supe- P P?r, cn the Solicitor for the Judicial Dis- 'Hwaunspjcuiie . oflice Of the clerk and report loathe court in : writing:' If any clerk! after being furnished with the necessary books, shall fail to keep them up as required yJaf ' he sha11 be gniIty f 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 liable to a penalty of five? hundred ddllars to any person who shall sue for the same. f I v . -V ' ' EXISTING SUITS. I m The ,follow,"nS sections, numbered 1, 2, 3 ' 14, 5, relate exclusively to actions which livA .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. ; , CLE r ICS TO DOCKET EXISTING SUITS. I Sec. 1. The clerks, of the Superior Courts at the request of a party thereto, within six months fronuhe ratification of a general act respecting the practice and procedure of the Superior Courts of this State, aud on the pay ment of a fee of one dollar, shall 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 ren dered in the late County Courts, Superior Courts of law, and Courts of Equity, of their respective counties. J ' . v . . ; . IIOV SUCH SUITS PrOCEEDED WITH. . Sec. 3. And every 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 the same by the proper process. f Sec. 2.: The said suits shall be proceeded in, and tried under the existing laws and rules applicable thereto. After final judgments shall be rendered therein, the 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 for ac tion hereafter to be commenced. . EXISTING JUDGMENTS NOT DORMANT. - Sec. 4. Existing judgments and decrees not dormant may in like manner bo entered on the execution dpeketand Ihe subsequent proeeed ! incs shall be as is prescribed for actions here i after to be commenced. n.t fr na cioii k ipatible with the previous proceedings, and no ihen acquired before the ratification aforesaid ; shall be lost by any change of process, occa- DORMANT JUDGMENTS. Sec. 5. J udgments or decrees which are dor mant at the ratification aforesaid, may be re vived or enforced in the manner herein provi jded. ACTION COMMENCED AFTER THE RATIFICA- TION TO SECOND OLD DEBTS, &C. Sec. G. In all actions hereafter commenced founded on such contracts as .'are provided form an ordinance of the Convention of this State entitled "An Ordinance respecting the jurisdiction of the Courts of this State "rati ficxl on the 14th day of March, 1868, the sum mons shall be made returnable to the term of the Superior Court therein designated, and the subsequent proceedings shall be in accordance with the provisions of said'act. EXECUTIONS LEVIED ON PERSONAL PROPERTT 1 ?r Vie ?t0 Sheriffof any County hav ing in his hands any fiere facms 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 j Jus fees, and shall also make return of the writ to the Clerk of the Superior Court, of the county to any Court of which the writ is re turnable, the proceeds to be paid by the Clerk to the raises entitled thereto. . - j EXECUTION SATISFIED. Sec. 8. The said sheriffs shall in like man ner return Jill PTrVMltir.no in I. t : are satisfied, whether by a falc of property or . otiierwi.?n nnrT sfinll Tnr n.r. r... there f vj inceeus EXECUTIONS NOT LEVIED AT ALL, OR LEV ! TED OS REAL PROPERTY. Sec. 0 As soon as the successors of the said late Sherriffs shall have qualified and SMVeI? Jn& squired by law, the said late Mienrfs shall doliver.to such succe?srs. all writs of executions in their hands which have not been satisfied, and have not been ievied 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 rc-niams- unsold, with a return stating any re ceipt of money ly them, and their action tindpr the writ. The new Sheriffs shall pro cecd to act under such writs as if the same had been addressed and issued 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 taanyprrsun grieved thereby, to be recovered on motion to the Court before which the writ is requir ed to be returned. AH proceeds of execittion in part only, salisfied, while in the hands of any late -Sheriff, shall be paid by him to the e'erk 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 bv l$w in case of failure. EXECUTIONS TO HE DOCKETED. ISec. 10 The clerk of nny Superior Cpurt to which any execution shall be re turned as is above prescribed shall at tV r quest of any person interested therein,' and on the payment of one dollar, enter surh ex 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 SHERIFFS ;FOR FAILING TO RETUR1. Sec 11. Any late Sheriff or other officer bavin executions in his hands, and failin to; make due return thereof and to proceed as hereiu prescribed, shall in eich -case forfeit and pay -to any any person grieved, one hun dred dollars be recovered on motion of the court. - j JUDGMENT' NOT DORMANT, WIIEN-i Sec. 12..; No ; judgment-shall be held to lrnvc become dormant by reason oPnny stay o execution therccuT in obelience 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 counted in deter mining any question respecting a judgment being dormant. ORDINANCE OF 14tH OF MARCII 1 8C8, NOT " I ' .y AFFECTED. ' ' Sec. 13. Nothing in this act contained shall affect or impair any right given by an ordinance of the Convention of this State, entitleduan Ordinance respecting the juris diction of the Courts of this State," ratified the 14th day of March 1868, in the cases to which it is applicable. - ? Ratified the 14tb day of Angnst; A-D., (Signed,) . : . JOS. W. nOLDEN, J ; Speaker House of Representatives, oignea,) TUU K. UAL.UWELJi, . President of the Senate. '. STATE OP NORTH CAROLINA, V. UFFICE bECRETART OF STATE, , Ilaleigh Augutt 22d, 18G8, jl, Henry J. Menninger, Secretary of State, hereby certify that-the foregoing Is a true copy of : the ; original act on -file in lhisjofiLceL ; ": - ..-n."J. MENNINGER, ", - Secretary of SWa Aug. 20- Aw ly 'Z J Important Article in the New Constitution AltTI CLE IV. ! JUDICIAL DEPAItTMENTl Section 1. The distinction between Actions at law and snits in eqnitr, and the forma of all inch action And t alts shall be abolished and there shall be la this State but one form of action, for the enforcement or protection of prirate righta or theredreeaof private wrongs which shall be denominated a civil action ; and every action presented by the people of the btate as a party, against a person charged with a public offence, for the punishment of the same, shall be termed a crim inal action. Feigned issues shall also be abolished and the fact at issue tried by order of court before a jury. Sec 2. Three Commissioners shall be appointed by this convention, to report to the General Assembly at its first session after this constitution shall be adopted by the people, rules of practice and procedure in ac cordance with the provisions of the foregoing section, and the convention shall provide f r the commissioners a reasonable compensation. t Sec 3. The same commissioners shall also report to the General Assembly as soon as practicable, a code of law of North-Carolina. The Govejnor shall have pow er to fill the vacancies occurring in this commission. Sec. 4. The judicial power of the btate shall be vested In a court for the trial of impeachments a Supreme court. Superior courts, court of justices of the l'cace and special courts. j Sec 6. The court for the trial of impeachments shall be the senate; a majority of the members shall be nec essary to a quorum, and the judgment shalnot extend beyond removal from and dlnqoajiuealloo to bold office in this State, but the party shall be liable to indictment and punishment according to law. , Sec 5. The House of Rcpresentatlvea solely, shall have the power of impeaching. So person shall be con victed without the concurrence of two-third of the n.rLVre?ntOhcn tLo Governor Is impeached the Chief Justice shall preside. :. Sec 7. Treason against the State shall consist only giving them aid and comfort. No person shall be con-" ..vwv wu vu iuc i esumony or two wit nesses to the same over act, or on confession In open court. No conviction of treason or attainder shall work corruption of blood or forfeiture. TtfL?" JJeSoprenw court shall consist of Chief Justice and four Associate Justices, "iiMTi1e.fhallbo.t,ro tcrm of tbe Supreme court held at the seat of government of the State in each years, commencing on the first Monday in Janua ry, and first Monday in June, and continuing "il k Tng as the public interest may require . . Sec 10. The Supreme court shall have jurisdiction to review, upon appeal, any decision of the courUbe low, upon any matter of law or legal interfcrenceV but no issue of fact shall bo tri-d before this court and necessary, "to give It a genr ral supervision and control J v uv mtvi tv .V14SS i Sec 11. The Supreme Court shall have origin! Juris diction to hear claim agaiuM the Sutc, but its decis ions shall bo merely recommendatory; no procct in the nature or execution shall Issue thereon ; they shall be reported to the ueit scsihou of the General Assem bly for its action. Sec. 14. Tl e State shall be divided into twelve judi cial districts lor each of width a judge shall tie chosen who shall hold a supeiior court In each county In said district, at ltast twice iu each year, to continue for two weeks unless the buslnvs si.aU be sooner disposed of. Sec IS. Uttil altered bylaw the following iill be the ludiciul districts. First DUtrict Currituck. Camden. Pasncotank, Per quimans. Chowan. Gate, licttford. Ih-rtie. Second DlstrlctTyrell, Hyde, Washington, Bean fort, Martin, Pitt, Edgecombe. Third District-Craven. Carteret, Jones, Onslow, Greene, Lenoir. Wavnc, Wilson. Fourth District llrunswick. New Uanovcr, Duplin, Columbus. Bladen, Sampson, Hobcsou. Fifta District Cumbet land. Harnett. Moore, Rich mond, Anson, Montgomery, Stanly, Union. i v? t;lcfc-;,ort,J"1Pton Warren, Halifax, Wake, Isash, Franklin. Johnston, Granville. Seventh District Person. Orange, Chatham. Ran dolph, Guilford, Alamance, CasMell. Itocklngham. Li?bth District--Stokes, Forsythe, Davidson, Row an, Davie, Yadkin, Surry. T Ninth District Catawba. Cabarras, Mecklenburg, Lincoln, Gaston, Cleveland, Rulheiford, Polk. Tenth DUtriri-Iredcll, Burke, Caldwell, Wilkes, Alexander, McDowcl. - Eleventh District-AlU-hany. Ashe, Watauga, Mitch ell. Yancey, Madison, Hunconibc. Twelfth District Henderson, Transylvania. Hay wood, Macon, Jackson, Clav. Cherokee. . Sccl L Every judge of a Surerior Court shall reside In his district while holding his office. The judgea mnyexchance district with each other with the con scut of tl c Governor, and the Governor for good rea sons which he shall report to thu Legislature at its cur rent or next session, may require any judge to hold one or more .specified term of said courts in lien of the judge in wjose district they are. V'. TnoS,,perIor Courts shall hare exclusive original jurisdiction of all civil actions, whereof ex elusive original jurisdiction I not given to some other Courts, and of all criminal actions In which the punish ment may exceed a fine of fifty dollars or imprisonment for one month. , - Sec 1C .The snperior courts shall have appellate jq. risdictlon of all issue of law or fact, determined ty a Probate Judgo or a Justice cf the Peaco. where the ni.uter In controversy exceed twenty-live dollar, and See 17. The clerks nf the superior courts shaHbave iurisdlction of the pro!mte of decl. the granting of letters testamentary and of administration, the ap pointnu nt of nidlans. the Apprenticing of rrpbsn to nndif the aceonnts of exmtors. administrator and guardians, and of suth other matters as shall be pro aeribsd by law. - Al! Isssne of farts joined before them hall be trsnhferrvd to the superior court for trlat. and appeals shll He to the STtperlor courts frow their judgments Iu a!! matters of law. Sec 18. In all Issues of fact, joined In any court, the TMirtla m mlrn tho Hrh In Viavo (h. -..t- - - ned by jury. In which case the finding of the Judge tr on the fact, shall have the force and effect of a jnrv. J occ. u. a ue ueucrai Asscmoy scan provide for-the: csUhllshment of Special court, for the trial of misde meanors, in cities and town, where the same may be nccsry. ' Sec 20. The Clerk of the Supreme Court shall b applnted by the coutt and shall bold hi office for eihtyear. . Se. 21. A Clerk of the Snperior Court for each munty, shall be elected by the qualified voter thereof, at- the time ard In the manner prescribed by law, for the election of members of the General Assembly. t Sec, 2-. Clerks of- the Sopcrion Court shall hold their ofllec for four year. See. 23. The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all offl. ccrs provided for in this Article; but the sslaries of the Judges shall not bo diminished during their contin uance iu oflice, i Sec 24. The liw of "Sorth Carolina, not repugnant to this. Const hm ion. or to the Constitution and laws of ihe I r.itcd State, shall be in force until lawfully al- icrcu. i S;?c. -". Action: nt lw. and suits in equity, pending "" i" uiiriitiuiuii Minn jjo mo euect, snail be transfened to thu courts having jnrUdict ion thereof, without prcjr.'V-c l.r rtasoii ot the change, and all mcb act.ons and siiltii. contmenced before, aud pecdin" at, the adoption by the Gri:cia) Asscmblr. of the itiles of pr.ir.tice and procedure hereiu provided for, shall be lend und detenuim d. according to the practice now in nse, unless othenvisc provided tor by said rule. Sec. 20. The jr.stlees of the Supreme Court shall he elected bv the qualified votci s of the State, as Is provi ded lor the clectln of members of the General Assem bly. They shall hold their ofilccs for eight years. Tl-e Judge of the Superior Court shall be elected In like .n inner, and thatl hold their odceafor eicht years : but the Judges of the Superior Court elected at the first ei'.-clion under this constitution, shall, after their elec tion, under the superintendence of the justice of ti e Supreme Court, bo divided by lot Into two eqnal classes onu of which shall hold office for four years, the other for lg.it years. Sec. 27. The General Assembly may provide by law that the judges of the Superior Courts, Instead of be ing elected by the voters of the whole State, as Is here cn provided for. shall be elected bv the voter of tVelr respective districts. ?" Sac 28. The 8uperior Courts shall be. at all time, open for tho transaction of all business within their jo rLfdiction, except the trial ofIioc of fact requiring a jury. ' , , - -, ' . .Sec, 23. A soljcitolull be elected for each judicial district by the qualified voter thereof, as Is prescribed formemN-rs of the General Assembly, ho shall bold onice for the term of four years, and prosecute on be half of the State, in all criminal actions In the Superior Courts, and advise the officers of justice in LI dl. tl Kt. Sec SH. In each county a Sheriff and Coroner, hal be elected by the qualified voter' thereof, as 1 pre scribed for members of the General Assembly, and shall hold their office for two years. In each township there shall be a Constable clceted In like manner by the joj48 thereof, who shall hold hi office for two year. hen there is no coroner in the county, the Clerk of the Superior Court for the county may appoint one for special esse. In case of a vacancy existing for anv cause. In any of the office created by this section, the Commissioners for the county may appoint to such of. flee for the unexpired term, r- 01 Secl. All vacancies occurring In the office provi ded for by this Article of the Constitution, .bin I be filled by the appointment of the Governor, unless oth erwise provided for. and the appointees shall hold thHr places nntil tho next regular election. - . r Sec . The officers elected at the first election held under this Constitution, shall bold their offices for thl terms prescribed for them respectively, next eninine ftcr the next regular election ormemberVof the SIS eral Assembly. But their term shall berln unom TtK- 5?niSsuU CO,U,Ut0tIO"bjtha CP? tbl a the General Assembly .hall JrScriKf STcivl fS Uon founded on contract, wherein tbeVnm dlmliiS shaU not exceed two hundred dolUnTaSrhSff? title to real estate shall not be i lie f r J!L- J sll criminal matters srisiug within SSrT' of the punishments eanot elSrf a fin? of fi? or imprisonment for one SSth. WbA. H jtiMM,h fact shall 1 joined bef Orei instle? either party thereto, besbonld canw?W ot to be summoned, who shall trrthZLlZZ1 4lX against whom Mgmtshln 2 ridSS t action, mar sppell to theSerh?r cri d.r aamc, and if the judgment shallSceedSt?Sm i1? Urs, there may be 11 new trial of TLl T tj fl Te doh the anDellatfl r . fl7tP 5i?M ole matter In juogment is given jut V.vT 'o1"1" wnom brought before a lustice. he tbaH make a record ef the proceeding, and like the same with the Clerk of the Superior Court of Lis eonnty. bee S4. W ben the office ot Justice of the Peace shall become vac ant, otherwise than by the expiration of the time, and in case of the failure by the voters of suy dis trict to elect the clerk of the superior court forth county, shall appoint to fill the vacancy for the unex pired term. Bee 23. In ease the r ffice of clerk of a superior court for coustv shall become vacant, otherwise than by the expiration ef the term, and incase of a failure by the people to elect, the Judge of the Superior Court for the eonnty shll appoint to fill the vacancy, antllaa election can be reguUrty held. - " "UeTChants' Club House," CJtAYEX STREET, Near tho Post Office, , NEW BERNE, N. C. , pERM)8 eomlBg to Ifew Bern, will find UU eal - and comfortable place to atop at. Every at t ratios paid to guests. BATt Alway sui-plied with the best of Wlnea. Lloiora, and Cigars, TABLES With all the market wtn supply. j L0DGIKQ8, Unssrpatsed. - VTM. L. PALMKR. May M4f. rroprieter. A.?cnts Ts'antcd roa TBS OFFICIAL HISTORY i Or THE WAR, Its Cause, Character. Con j . duct nnd Kcsults By Hon. Alex. II. Stephens. A Booh for all Sections and all JPartlu. THIS great work preseats the only complct aad KJilTrtll "I be ITaas. ,f th i War yet Itl V T lb. tetIor llcbts ad shadoV bVl"',l?rt only known to those blgh,fScer ?ont1 lLo revolatlunfioS It. KhtlVFIlDSVn,lw,.c,, accrrslUe to Mr! cSfedac fWUl0tl M tVd To puhlle that has been surfc-ttrd with imi SS?JL f IMR ".01l?CT10Ni. w?' JoilXAa change of fare. N.tb greeable and salutary and.n 1 tellettual treat of the behest ord TbGi a JI rican War ha. AT L-VSTLd? bi. Jrl-GAbVo It Importance, and at whose bands It wl l rerHV.fi tnoderate. candid and Impartial tritmcnt wth and justice so nrrently demand. mifarvi WBIt" ,r . The Intense desire cverv where mau!frf rf ttj.i. thlawork. It. Official thatacter and trJi? Jr blned with an Increased ttrnimMi 2SV Im. hZl subscription hook ever published. bm tbreVdafs?llII Efc,Wn,,a, rrPrt "tsalber. In Z,1' 1Xto:,U'n'' 1OT ODscrlber In four daya. 1 " M NAT'OXAL rrBUHlilNRiO.. April 30-" lh - 1-hllJd.lpMi. !. GEHMANTOWN TELEGJiAPII. . i 1 A FAITIILY and an AGKI ? C1JL,TIJRAI JOURIVAL. Devoted to CIIOICE LlTEItATI'IlE, IjKldIBP To & NrS T-A,a,,ds3J.0rJ tertalalncliS tog. generally. In the Uterary Departmrnt w shall VJ,1 c'c',T"-ri,tirs within tbTrracb of on! ?tT,D5dme!nBJ:.TheN'TeIrtl Tale. roctry,lc ball be rnpplird from the best and highest soTrorl ifo tlf? lo DlalBC 10 b found In any Joutn.1 w msg. ! AOIlICULTUttE AND IIOIfTICrLTrftE. J2VLDZ r'.1?!" C'T- It-TtsUlur.". te Oor labor. In this depattmrat fur over IhlrtVtrii-. have wet the cordial approbation of the pt,bjrcJ7 purpose has bren to fornlsb nseful and relfaui Irfotm Uon npon the- vny Imjttant brsuehrs t k1h frf V1 Hbln oar r-w. r a-ah ?t the false doctrine and erlflsh turf f ih empirics nd nsation advrr.trrr?lTwb ch tnl ?JL er U lDcesat,ily assailed. Ttl pot ilea it ihl : JCEW8 DEPATtTMrjCT. The same Industry, rare, and discrimination lo rstk eriogarM preparing lb stlrrlegevrnu of tb"!! Its markrd feature and riven seek nr.lvrrs.1 iLiiTimZ tlon will Y continued with rrdcuMed effo. m the Incresslnr demsnds of the public mkx TERMS. Two dollar and fifty rents peraeeam. Xo orders received without the rash, and all suWrip. tlm. stopped at the rod of the time pld for. men number sent. Addrrs r. rpeo- , rTTILlP IL FREA8. ' Editor snd Proprietor. June lUm. Cennar town, rhUadtrphla, Pa. i JOB WOR (WE AT A THE DAILY TOLICAH" HEP ?0B;OEEICfe "BEPTJBLI OA " 3 op -Printing Offlco 'K-lLli.'J JOB PRINTING I Jon rniNTmoi J-JB PJIIXTIXG!! J on jj:ixtjx(;u W. e!I the attettUB ef IU p. to tb. mid tllon to our eBco of a coaptaa Job Printing EstabUshment, 7 WITH XW messes lh moi Proved aM anorr. ,,t 2fcw Tjtc, Borders and Cut, 5 frow tbe Kill ST FOU.NDHIEb IN TIIK (CILNTRY Experienced TTorianen, ad desire toowlld 9fm b!as by fjvfnx .fe Hon te our pat rent. we ruuerr all nxnt V JOB WORK, Wtli the .wnrancc thai it will be dent a NKATTA anl ttt CHEAPLY a il cotiM be ilone clwuhcrt. DAVE TOCa BILL-HEADS, JZAXD-BILLS, POSTERS, : CARDS, . CATALOGUES, . BT-LAW8, LEGAL BIASES, LETTER-HEADS, . CIRCULARS, ELECTION NOTICES, ETC., ETO, Era Printed at tho " REPUMJCAN " OFFICE, No. 22 Craven Street; .11 Y" , - ' I 1 f s H ... v - a . - mm I 5 !
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 2, 1868, edition 1
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