Newspapers / New Bern Republican (New … / Nov. 7, 1868, edition 1 / Page 4
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aiv ACT IN RELATION TO THE POWERS AND DUTIES OF CLERKS OF SUPERIOR COURTS. The General Assembly of North Carolina do triad : Section 1. That as this act will be incor porated in the general act respecting the prac tice ankl proceedureof the courts, required to be 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 act of .this General Assembly, unless other? wise hereafter directed. - . , Sec 2 The Secretary of State is required to hate the third section of this act, and that portion relating to the Superior Court Clerks, printed at least weekly in 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 priated. ' . , , sw 2 The terms of the several Superior Courts of this State shall begin in each year at 'the times hereinafter stated, and shall contin ue to be held for two weeks (Sundays and le gal holidays excepted,) unless the business shall be sooner disposed of. Fill S J JUDICIAL. DISTRICT. rtle county first monday in March and October. . ,r , ,A Hertford, third monday in 3Iarch and Oc- tober. ! Gates, fourth monday after the first Mon day in March and CTctober. . Chowarf, sixth monday after the first Ion day in Match and October. . Perquimans, eighth monday after the first ' mondayn March and October. . Pasouotauk. tenth monday after, the first monday in March and October. . i rv,.riAn twelfth monday after tl monday in Marcb and October. ; fourteenth monday after first mondtiy in March and October. SlIcbxD JUDICIAL DISTRICT , S Tyrell county the first monday in Septem ber and February. r Washington, third monday in September and EeVuarv. Marti ri?sccond Monday after the third Mon day in September and February. ' Hyde, fourth Monday after the third Mon viiv.Sentembcr and February. ftpanfort. sixth Monday after the third i mnndiiv in Sentembcr. and February. ! Pitti eighth Mondav after the third Monday . in September and February. 7 if Edgecombe, tenth Monday after the third I tnonuav m oeptemuui uuu riuaij. JUDICIAL DISTHCT. Wilkes, fourth Jdnday after third Jbnday in inarch and September. 5 -- - Caldwell, sixth Jfonday after third ibnday in march and September.. : ; Burk, eighth Jtfonday. after Ahir$ Mopd&y in JLTsirch and September. - JcDowell, tenth Jfonday; after third Jbn-. day in Jifarch and September. ELEVENTH JUDICIAL. DLSTUICT. Alleghany county, the first jlonday in April and September. , v,3:fr : f . U Ash.1 third Jondav in Anriland.Seotember: WauUuga, second JLTonday af ter third Jbn- , Jitchell, fourth Jfonday after third Mon day in April and September. 1 r " Yancey, sixth Monday a in April and September. madison, eighth Monday day in April and September. r Buncombe; tenthMonday after third Mon day in April aud September: j ,. TWKLFT1I JUDICIAI, D1ST1ICT. Clay county, the first Monday in April and September. . ' "I ' Cherokee, third; Monday in; April and Sep t ember. ' . ' .i" . , i ; Macon, second Monday after third 'Monday in April and beptcmuer. Jackson, fourth Monday in April and September. Haywood, sixth Monday! in April ana September. Iransylvania, emhth Monday after Monday in April and September. "i ' : " i " Henderson, tenth Monday after third Mon day in April and September. norCourtAheficifoVfor the Ju:diciarDis.-P fiunort.'iat Article in the fter third Monday after third Mon- 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,,6hall 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 thasaine. If the Solicitor shall.f ail or neglect to -perform' the duty "hereby im posed on him, he shall be liable to a penalty of five hundred dollars to any person who shall sue for the same. :'v EXISTING SUITS. The following sections, numbered 1, 2, 3, 4,.5, relate exclusively to actions which have been commenced, and in which no final judg ment has been rendered prior to the ratlfica tion of this act, as a part of the Code of Prac". tice and Procedure. CLTE r ItSTO OfKKTJSTlNO S U ITU. J ? 1 Secl ThV clerks of 'the Superior" Courts at the request of a. party thereto, within six months from the ratification of a general act respecting the practice and procedure of the Superior Courts of this State, and on the pay ment ot a tec ot one aonar. Mian enter on a separate docket, all suits, which, at the ratifi- f .j .i -ii i first the after third Monday after third Monday third i . . cation arorcsiim. wian nau i-ven v-uuuuenccu, or hi whici final judgment Jias; not been, ren dered ' in' the late County Courts, Superior OF TEIE QUALIFICATIONS AND GEN- ERxiL DUTIES OF CLERKS OF THE SUPERIOR COURTS. . Sec. 1. At the first meeting of the count v commissioners of each county after the elec tion or aoDointmeut of anv Ulerk of a Sune- rior Court, it shall be the duty of the clerk to deliver to such commissioners a bond, with sufficient sureties, to be approved by them; ns is now required hy the law, payable to the State of.JNorth Carolina, and with a condition to be void if he shall account for any ' fahdl pay over according to law all monies and ef fects which have or may comeinto his band by virtue or color of his office, and shall dili gently preserve and take care of all books,' records, papers and property which have come or may come into his possession, by virtue or color of his office, and shall in" all things faithfully perform the duties of his office. as they are or hereafter may be prescribed j by law. BONDS . HOW APPROVED, &C. - Sec. 2. 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 enter ed on record. Any commissioner approving a bond which he knows or believes to be i in- TIIIRD Wayne county the first Monday in Septem ber and February. - Jones, third . Monday in September and February. Onslow, first monday after the fourth Mon av tn SntfMYihpr and February. Craven third monday after the fourth Mon- sufficient, shall personally be liable as . if he day in September and February. was a surety thereto. The said bond acknowl- Lenoir. fifth monday after the fourth Mon- edged by the parties thereto, or proved by a day in September and February. subscribing witness, before the clerk of said Orppne seventh monday after the fourth commissioners,-as their presiding officer, reg- monday in September and February. istered in the office of the register of ! the Carteret, nmtn nionaay aner iue luuim wuinj. mrtociraoio uw w uc ncpi ujr uim Monday in September and February. Wilson, eleventh monday ; after the fourth monday in September and February. - FOURTH JUDICIAL DISTTICT. ' !, Robeson, countyon. the fourth monday in August'ahd February. ' ' wv V Bladen, second monday after the fourth monday inAugust and February. Columbus, iourtn monaay after the fourth monday in August and February. 1 " Brunswick,- sixth monday after the fourth fiionday in August and February. : ! ' New Hanover, eighth monday after the foarth m: ridav in August and February. Sampson, tenth monday after the fourth monday in August and February. " Duplin, twelfth mondayuafter the fourth monday in August and February. ' FIFTH. 'JUDICIAL DISTRICT. . Harnett county the second Monday in Au rust and February. . , Moor, second monday after the second monday in August and February. -: 3Iontgomery, fourth monday after the sec ond nlonday in Auaust and February. Stanly, sixth monday after the second mon day in August and February. - ' Union, eighth mon ay after the second monday.in August-and February. - Anson; tenth monday after the secondmon day in August and February.' " Richmond, twelfth Monday after the second monday in August and February. -s Cumberland, fourteenth Monday after the tecond Monday in Attgust and February. i ajxf n JCDICIAL DISTRICT H ii . for the registration of official bonds, and I the original with the approval thereof endorsed deposited with the register for .safe keeping. The like 'remedies shall be had upon g'aid bonds as are or may be5 given by law on offi bonds. - i : QUALIFI CATIO OF CLERKS. v . 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 file the same with the Register of Deeds for the county. FAILURE TO GIVE BOND. Sec. 4. In case any elerk shall fail to 'give bond and qualify as above directed, the chairr man of the county commissioners of his ct. iin ty shall immediately inform the Judge of the judicial district thereof, who shall thereupon aeciare me omce vacant, anil nil tne same, and the appointee shall give bond and quali- iy as aoove uirecica. j -'OFFICES "WTIERETOiBE KEPT.-. ; r ' 5 Sec. 5. He shall have an office in the court house, or other place provided by the county commissioners, in the county town of his county. He shall give due attendance, in person or by deputy, at his office daily, (Sun days and legal holidays excepted,) "frpm 9 o'clock A. m.,i to three o'clock, P. M.i and longer when necessary for the dispatch of business. TO RECEIVE OFFICIAL PAPERS, &C. Sec. 6. Immediately after he shall have given bond and qualified as aforosaid, he shall receivefrom the late Clerk of the County and Courts of law, and Courts of Equity, of their respective counties. HOW SUCH SUITS PrOCEKDED WITH. Sec. 3. And every suit not so transferred within the time aforesaid, f hall be abated and the Clerk of the Superior Court shall tax costs against the parties liable, and collect the same by the proper process. 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 6hall be as provided for ac tion hereafter to be commenced. EXISTIXO JUDOJIENT8 KOT; DORyiML' , OCC. JjSisun.H juujiiiitiuw auuuci irea iiuw dormant may in like manner he entered on the execution docket, and the subsequent proceed ings shall be as is prescribed for actions here after to be commenccd,.as far as shall be com patible with the previous proceedings, and no ien 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 arc dor mant at the ratification aforesaid, may be re vived or enforced in the manner herein provi ded. ACTION COMMENCED AFTER THE HATIFICA- , - TtON -TO SECOND" OLD DEBTS&C. . i SecJM. In all actions hereafter commenced. founded on such contracts as are provided for in an ordinance of the Convention of this State, entitled tAn. Ordinance respecting the jurisdiction of Ihe Courts of this State," rati fied on the 14th day of March,;.18C8, the sum mons shall be made returnable to the term of the Superior Court therein designated, and the subsequent proceedings shall be in "accordance witbthe provisions of said act. - EXECUTIONS LEVIED ON PERSONAL PROPERTY Sec. 7. The late Sheriff of any County hav ing in his hands any. fiere facias-execution. which has been levied on personal property of me aerenuams, wmcn is unsoia snail proceed to sell the same as now reouired bv 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 voine j al lies enuueci inereio. EXECUTIO SATISFIED Sec. P. The said hcrifTs shall in liko man-i ner return all executions in their hands which are satisfied, whether hy a sale of properly or j probr.tc .Jui'jr otherwise, ana smui pay over any roccc!s thereof. IVcw Constitution. f .... XltTlCLElY. .;- JUDICIAL, DEPAUTMKNT.!. Section 1. ThcdUtlncUon between Uo t.'law indwit tn eauitr. and the form, of aU unch kUoci ind.niU .halt be abolished and there Ja! ate but one form of action, for the o"" protection of private rtnU or tho red" of Pri rate KTongo which .haU be dcnomtnaUd a dvil action ; and iVery action presented bj the people1 ot bobttUii partr, asalnet a per? oo cbanrca wun "V","""' for the punishment of the wun. aboil be termed aj crini lnal action. Feigned tsoes ahall alw aboliPhed and the factat iwuc tried bj orderof u f ilS V Sec 2. Three Commiwlouera ahall be appointed by this conrentioa, to report to the Ueneral Aascmblx at its firet aewlon after tbia constitution r hall be adopted by the. people, rule! of practice and procedure in ac c6nVnncSi with tbe pio)ion f the forecoiiiK aectlon, nd the conrention ehallproTide f r the cwxamiilonera Sec 3. The aame coramiesionera shall lalso repot t to the General Assembly aa soon as practlt-ole, code of law of Nona-Carolina, me uoTcruur tn An ikAnnixHm nrnrrin? in ints connui MJU. A. Thm fnUrUl nowcrof the bute sball be rented In a court for the; trial of Impeachments a buprcwe comt. Snpeiior courts, eourt of justicva cf;tllcacc and f pecial eourts. i . m, . - . ' Si.: The rrvjrt fnr the trial of impeachmct! S Stall be the !cnatu ; a maiority ot the members shall be ncc- . - " J . I. tAnmnt ah II tint T fn1 beyond removal from and dlsqnaJiflcatlon to hold office r uail DC iiso.e 10 ijum.iun.ui in this State, but the r.arty nnA nnnUhnifnt itcroTdlc' to lew. Sec, 0 The Ilouec of RfesentatiTea poMj, hT hATe the power of impeaching. JJo person suall be con Tlcted without the eoncurrirnce of two-thirds of the Senators prefect. When the CoTcrnor is tirpeached the Chief Justice shall prcsine. Sec 7. Treason aalr.H the SUte sball constat tu!y in leryin war against it or adhctlnj to its enemies, jiving them aid aud comfort. No periou shall be con ictcd of treason unless on the testimony of two wit nesses to the some over act,' -or on confession in open court. No conviction of treason or attainder hall work corruption of Mood or forfeiture. Si c. S. The Supreme coart shall consist of a Chief Justice and four Associate Justices, Sec 9. There shall be two terms of the Scprcme court held at the! scat of corernmrut of the btste In each rears, commepcii:?: on the first Monday in Jscca-: ry, aud first Monday iu Juuc. ana coutinulug as long as the public Interest may require. Sec. 1U. me anpreuie couii niu nsve jurisdiction to nrlew. noon snneal. any decision of the cocrts he. low. upou a:r ranit' r ol law or tejral Intcrficcncc ; but S co issue of f.v-t shall 6e triea oetore this court; and the coart shall havr power to Issue any remedial writs necessary, to jrivs It a -.U' ral scpcrvWou and control, of the Inferior courts. . , . j S-c. 11. The Suitremc Court shall haTe original iarls-i dlctian to hear cUiuiS against the State, but Its decis-I. :v rccommenaaiory; no proceta in, the nature of cxecJitlon shall Issue thereou ; they sball! brouEht before a iostlce, Lc shall make a rx-cord of tbe proctdinra, and like tbe same with tbe Oct k of tbe Superior conn oi uia wnoij. Sec 54. When the ofSce of Justice bf tbe reaoe shall be come ant. otherwise than by tneexpirauon ot tbe time, andln case of tbe failure by the voter of any dis trict to elect , tne ciera: ox vdc mpciiui wun ur iut county, shall afpolnt to til tbe vacancy for the unex pired tctm. Sec 85 In ease tbe rfiee of clerk of a superior court for a county sball become vacant, otherwise tnaa try tbe expiration f tbe term, and incase Of aiauurecy the people to elect, the J udce of tbe Superior Court for the county sh-U appoint to fill the vacancy, ttntil au election can be regularly held. . " Merchants' Club House," ' VJtA TEX S TJttVLT. . - Near the Tout Office, : N E W B K It N E . K . C. PERSONS eomirg to New IVm, R1 find this a tat and comfortable place to atop at. Every at t ration paid to ruesta, - f ,, BAR i Always mpptlcdwiih the best of TMnea, Liquors, and Cigsr,' i TABLES, s With all the market wlU supply. . .. i L0DOIXGS, , i . rnturpassed. i WM. L rALMr.R. Msy-ltf. ' rroptlftor. ' Agents IVaufcd "REP'.TJB-LICAlT' Job Printing Office rom tcs ions shall be merely be reuortcd to the next session of the General Atscm-i OFFICIAL HISTORY OP THE WAH," Its. Causes, Character, Con duct and Result. By Hoii. Alex. II. Stephens. -1 Booh for all Sections and all Parties. rilUIS prat work presents tbe oaly complete and X impartla analysis of the Cause of the War yet publlslied. and glvrs those Interior Ucbts sad shadow, of the crest coafiict only known to lhoe high ufilcrr who watched the flood tide of revolution -from it fountain springs, end which were so accessible to air. Stephens from his-position as Second officer of the Confederacy. To a public that ha been snrfHted with AITA- Wlv T r ft h! f.r i r.rtlon Sec. 12. The State shall be divided into twelve judi cial districts for er.cn of which a juripe slmll be chosen J who hn'l hold a suoeilor court in each county in said district, at leai-t twice iu eat-n rear, toconiinue lortvq TTKNTLY SIMILAR Il01UCTIONS. we promts weeks unless the business miuii ne aooner usposcd .!.; . ii-::-r of fare, both agreeable and salutary, atd sn ln- IUC loiiowiug s-ii DO 1 tchrt tn&l ttr't t,t tit MrLr.t arfirT The Omt Ame. nran war has AT LAST foood a blstotUa worthy of Sec 13. Until altcrea by law the judicial dlstntts. First District Currituck, Camden. Pasquotank. Ter quimans. Chowari, Gates. Hertford. Bertie. A . . t m 11 lt..J.. t Second UlSiriCl ijiew, ujuc. n Jin;vnt jH-su. fort. Martin, Pitt; Edgecombe. Third District craven. uncici, wodci, ubi. Greene. Lenoir. Vvnc, YHaon. . Fourth District Brunswick, hew Hanover, Duplin Colnmbas. Bladen. Sampson, Robeson. Fiftn Dlstnct-rCumberiann. iiameu, aioore, men mnmi. Annhn. Montgomery. Stanly, Union. Ntxtn iji9irici-oriiiiiiupoii, loncn, uuuiu WaVe. Xh. Franklin. Johnston, GranviUe. . . . . i Seventh UlStriCl I crson, wraugc, -niuini, im.u dolph, Guilford, Alamance, Caswell. Rockingham. j Eighth District--Stokes, Forsytbe, Davidson, Row an. Davte. Yadkin, Surry. ' , , , J Ninth District CauwDa. vaoarras. ineciucuDur& Lincoln, Gaston. Cleveland, Rutherford. Polk. . J Tenth Dlstrlci-Iredell, Durke CaldwcD, WUkei Alexander, McDowel. J Eleventh District AllcRhany. Ashe, Watauca, Mltc,b ell. Yancey, Madison. Buncombe. J Twelfth District Henderson. Transylvania, HaV- Clav. Cherokee. sm. ii T!verv mdpe of a Surerior Court shall reside in hi, rii.trlrt while boldlmr bis office. The iudees mayexchanee district with each other with the con sent of tie Governor, and the Governor for pood rea sons which he sball report to the Legislature at Itscnt-.-n nr noxt .e.sion. niav red o I re anv iudre to bold one mnrt, irwrlflml terras of said courts in Utu of tbe rtlttrlrt thrTirt. 1 Thr Snoerior Courts shall have exclusive nr.nM ii.Htutlrtlon of All civil action., whereof ex HnnivA original iarl-dlctlen is not riven to some other Courts, and of aU criminal anions m wmcn mr pnm-q . r tl.a tMM. wA . w V. . . K ftm9M l . I 1 ! J I iliftl . , Mill v. nuu 0 1 uvrr w muw ft . T.,,,,,t.rft I ii"- i. ? .-. i indld and Impartial treatment whlcb truth fir o urfently demand. ; 'i he i-tc4.se desire everv vi here manifested to obtain . .i v-:. its Official character and ready sale.com Liued with an Increased comtnlssicB, make It tbe best subscription book ever nuMLbed. One Aeent In Eastoxtu Ta.. renorts 71 sattrribsrs In three days. . . one in lioston, Mass.. 10 subscribers In fer days One in Memphis, Tenn., 106 subscriber In five days Send for Circulars and see our term, and a fall U scription of the work, with Triss notices of advance s beets, c Address NATIONAL rrCLlSIHNGwO-. S6 South Seventh St., PhiUdelphla. Pa. April 30-zw , r "GERMASTOWN TELEGRAPH. A FAMILY and ah AGRI CUIiTUUAIi JOURIVAi. Granville county second Monday in August Superior Courts, and Clerk and Master of the - anfl "FV.hrimrv Warren, second Monday after the second monday in August and February. Franklin, fourth Monday after the second Monday in August and February.- Johnston, sixth Monday after the second Monday iri 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. , I t j ;:. Halifax. i.velfih Monday .after the tecond monday in August and February Northampton, fourteenth Monday after the second Monday in August and February: BEVENTII JUDICIAL DISTICT. - Guilford ' county,, '.the first Monday i n March and September. r ' Rockingham, the second Monday after the first Monday in March and September. Caswell, fourth monday after thefirst Mon day in March and September. ' 1 Pe-on, sixth monday after the jfirst Mon iiv ... March and September. range, eighth monday after the first Mon day in Slarch and September. : -. Chatham, tenth monday after the first Jlon dav in march and September. t j Randolph, twelfth Monday after the firbt Jimday in Jfarch and September. v Alamance, fourteenth Jbnday after the first Jfonday in 3farch and September. " ' ! ji EIOIITII JUDICIAL DISTRICT. ; ! Davie, county, the first ioriday in ' April ' and September. , , Kowan, third Monday in April second Jbnday after Jfonday in April and September. ' Forsythe, fourth, Jonday after the third 'Jfonday In April and September. ' i' Stokes, .sisth 3onday after the third Jon day in April and September. - ; Surry, eighth Jonday after the third ifon 7 dav in Apriland Septcmler. -, ,1 Yadkin, tenth Jonday after the third Mon day in April and September. : l NINTH JUDICIAL DISTRICT. ir. ; Polk county, the first Monday in Jfarch and -September. ' '.j ' . ? , : Rutherford, third Jfonday in ifarch zki !SeclevTand, second Joday; after : the third Monday in Jfarch and September. ' ' Ttnonin fourth Jonday after third Jfon- ' .day in Jfarch Hud September. - rj . s .1. -f 1nnHnir nftt and Septem- the ; third Court of -Equity of the county, all records. books, papers, money and property of their respective offices, and give receipts for the same ; and if any such late clerk, or clerks and master, shaft 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 he held irnilt.v rf n. mififlpmprmrvr i' ' ' " TO KEEP RECORDS, &C, : . . : -. f . M VT V 1 'mm oec: iie snau Keep in oounct vol lmes -a complete and faithful record of all his official acts, and give copies; thereof to all persons de siring thai, on payment of the legal fees. J ' - BOOKSTO BE KEPT BY THE CLERKS. 1 Sec 8. The clerk shall keep the foliowinr books : a. -: ' m n ft:- tfs w . j l. a ciocKet of an writs ot summons, or other original process issued 1 by him. jor re turned to his office. This docket f&ha con tain a brief note of "very proceeding What ever,! in each action, up to the final judgment lnclusivr. -. 2. An Execution Docket, Tn which the "sub stanse of the judgement shall be recorded, and every proceeding subsequent thereto, noted, with an aipuaoeticai mciex " 3. A Docket of all issttes of factjoined upon the pleadings and other matters, triable before a iurv, 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 commenoement of each term. , ! 4. An alphabetical index according o the names of the plaintiffs, of xt 11 final judg ments in civil action, rendered in the j court, with the dates and numbers thereof. 5. A Docket of all criminal actions, con taining a note of every proceeding in each: BY WHOM THE BOOKS ArB TO BE EXECUTIONS OT LKir.D AT ALL. OR LSV IKD OX REAL PROPERTY. Spc. 9 As Rotn :ts l he successor of th said late Sherriffs slsxll have qualified nnd given bonds a required by law, the aU late Sheriffs shall deliver to such successors, all writs of cxeculioii8 in, their hands which have not bcetY fcjsfiwli and have not been levied at all. "or'which have Lech" levied on property which has been sold, nnd a residue remains unsatisfied, or have been levied on real property which in whole or in part re mains unsold, With a return stating any re ceipt of money by them, and their action under the writ. The new Sheriffs shall pro ceed to a9t under such writs as if the'same had been addressed and issued; to tbemand shall make return thereof - to the next tPim of the Superior Court of the county, (or) to any Court of which the writ is returnable. Any Sheriff failing to make due return of such writs delivered to him. shall forefeit and pay one hundred dollars to anv person grieved thereby, to be recovered on motion to the Court before which the writ is reouir ed to be returned. All proceeds of executions in part onlv satisnetl, while in the hands ot any late buentr, shall be paid ny 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 mont rin? crceei a 2ntr of fifty aollars or lmprlcim.ut for on liiutn. ; .... ., Sec. IS. Tin m, nor court's r.avp nj-pciaieja all lilies oi law .r fact. Vtirni.ticd by i ! . ., . ... T. . . i . V i uuiro or a .lumreoi mc imr.nuriciHr m.tT In mntrovi'rvv cxcx twtnxT-Bvr coi.utt, ami l of tnattTsoriM.-iniiUcflic. . . .. . i Sit. 17. Thcc'.crki-of tae ni)-r:or cnnnfria:j r.grr ;jur'.tf(Iicll-jn of the prb'-atn ot cli-w.. tne sriutinp or loiter? tctsmOi:a:v run vi snmir.inrui.n. m- j lioinlmor.t r.f riC an, llie nvprrntu n-p oi crpraii to audit thr f.ecMiiU oi executor. i'iniu wip iki TJrdiaTiM. mil of uch other mattern r.in pre Hcrlivd l.v law. All iasne oi tari jwmw wior thill be "trsrsfriTcd to tbe mpertor courtc for trial, and anneal khiU lie to the aupcrlor court frow, their judgment In all mattera of law. i Sr 1H III ii innncii hi lacu 10lli'-i iu put iuii. lit JOB PRINTING 1 JOli PRINT JKO I jrjll PiaXTINGU jo n nuxTiXQu W tall tbt attectloD f tk fm't U tie rerrtt U lloa teroor o!lc of a oonplett Job Printing Establishment, ---- - . . i . t iiartir may waive the ripnt to r.rirc inc war uririm. nen hy jury, in wmcii ce uinu .u umi u- on the tnct. miaiiTtave nr ionr sum-ut i - jm j. i s. id Th Central AswmDv inau rrovuie tor tne establUlinient tf Special conrta. for the trial of misde meanor. In cltlet ar.a tovn, wnerc inc iamc may wc neccasary. Sec. 20. unptintca The Clerk of the Supreme Court liall b by the contt and sball hold hlaoCccfor ht years, i oi a nrlt of th innenor conn ior eacn county, aball bo elected by the qualified voter thereof. t th tlm and in the manner prescribed by law, for the election of members of the General Assembly.' I Sec. 22. Clerks of tbe snpenon uonrw ,uau no.a their oiTices for fonr years. - t . Sec 23. The General Asscmniy snau presenile iou regulate tbe fees, salarlea. and emoiueuts oi an om a t A ..I.. V. M tk am alM4 Amm tr ccra proviaea ier iu ini anicw. uuiiiirivi the Judpe shall not te dlmlnlihed aunn:incirconii: nanctXln' office, M Sic. The laws oi rorn tjaroiina. noi repucnam to this Consutntion, or to tne i,oiimiiu.ou uuuum. of the United butca, shall be lu lorce until mwiuuy al tered. ' . .. ., Sec. C5. ActionK at law, and suits in equity, pemnp? when this C t-'.i'Mtution mi.HI go nto encct, naji rc frm.sfcrred to the conrts having juri-.tnciion incrcoi. without prejudice bv rcuon ol the chance and all such ift-nna mid nltf. commenced before, and pcndlrs at. the adoDtion bv the General Assembly, oi tne rniea -oi neard and determined, acconllrff to the practice now In nni.ii. ft-tti.ru-tu nmvidrd for bv said rnlea.. s:. oft tv, in .t ( nf the Stinreme Court Miail oe elected bv tbeqnallScd voter of tbe State, aa is ptoxY fru- ti n .ii.rtinn or memocra OI IOC .tcucri aK. Th ahull hold Lheir omcesioreicnivearB. iuv Indies of the Snnetlor C'onrt" fball be elected In Uk ,.,Mr.r lid ahall bold their ofllcvHfor chrhtyear : but the Scnerlor Courts elected at tlui firtt '.-ctlou under tlMu constitution, shall, after their elec tion, tmder the supetlntendcnec of the justices of tbe Supreme Conrt, U- divided by lot Into two equal daapet", nnnof whiehrshnllhold ofllce for four years, -tb vtber fftir f?trht vest. " : ' i . . . . f.ivj ec. 27. The lienenu iffcmniv may proiui o ia Devoted to CHOICE LlTERATTTtZ. locladlar Po try, Novelettes, Tales and Moral and Entertalnlm Rtm4 lnfr. jrenerallv. In the Llterarv ivpartment i ball present the choicest varletle within the reach of ou extended mears. The ?ovelrttr. TiIm. Pxity. tie. shall be rnpi-lte! from tbe bt and Mcbeal m orris. t4 be equal to snjtMrj to tft.uuU In: by jourcsl or toc zlue. ACiiici LTrr.i: xi iioi:Tif VLTrrtr. rml. rating ratrnlnr. CJatdt-o.nr- I rtiIt-K!lnc. etc. Our labors In tbl d)tatlnrat for orr ihliiv yrt, ha,ve met Ibecoic'ial apmbrtton of tbe tm' llc.' bi purpose ba bteii to f mr.ib i-scful r m ttl abjr ii fotm atlou Cpon llie vny llnroiUnt t.rrt.cbr of U.atltv and to prote-t tkrm io far wltMn onr f-nwr iet tbe false doctrine ar.d rl5b inrj-o' f tbe turay einplric" and artPaUt'ii st.r! Tnre; l.v nfclb tb fstin. er is Iricessaotly aa'.Jed. This iXftjiln of the Crn maktowx Tzt.aur.xru Is aloi.e wciih tbe ptlee rf ub- SCtiptlbU. . NEWS UEPA RTMfNT. The same ladnstry. eare. ard f Iscrlralnatlow !i rib erlrc and prenatlnp the stltrlnf evrets of tbe t'ay. ex- firersly for th( papr. which hllheito hra hrebo'ncf ta marked fcatctes and ver sm-H r.nivrrrl sail fac tion will bt conlIcnel with redoubled rffotts to meet the Increaflnr demand" of tbe put He TKRMS Two dollar ?im1 Cfly certs per annum. No orders received wltbcnt the rah. and all soWiln tlons stopped at the end of the tine paid for. Speci men numbers sen. Address pniLr R. Fit EAR. Editor ani Proprietor. -CeraattowB, rhlladelnhia. Pa. Jcne 16-lav. WITH NEW PRESSES S, New Type, Bovdci-s uni Vnia, ttuta lb FIRST FOUNDUIES IN THK C'OL'.MnY JOB WOE, thereto under the nenalties BOW provided bv nraclteo and procedure herein provided for, ahall be 1 i P ... I I J 1 J.t.Mj.l areivwl I v law in case oi Tauure. EXECUTIONS TO BE DOCKETED Sec. 10. The clerk of cany Superior uourt. t-o - which any execution shall liu re turned, as is above prescribed shall r.t tbi r quest of any person interested therein, .nid on the pavment of one dollar, cuter s:.r h t-x ecutions, cn his execution docket, a;id Un like process, may bo thereafter had thereoiv as is-provided in milar -cases on rjudijcinents recDvercd after the ratification of this :ict. - PENALTY Experienced Worinnen, andadcaira to bulk! apakctiBess bj tlvlrf MiVj tion ts onr ps trass. ON FAILING TO ISllED.; Sec. 9. The books ' specified ; in the above section shall be supplied to the clerkaof the several counties by the Secretary of State, at the expense of- the State, and the Secretary shall, as soon as - possible, transmit an ac count thereof to the chairman of the County Commissioners, in order that the pricef;'may be . leviett in the county taxes, and also the Auditor of public accounts, who shall add the same to the taxes of the respective coun ties, and receive and account-for it as for other tax$s.j The commissioners of , any coun SUKItlFFS FOR RETURN. Sec 11. Any late Sheriff or other officer having' executions in his hands, and failini; to make due return thereof and to proceed as herein prescribed shall In each case forfeit and pay to any any person grieved, one bun dred dollars be recovered on motiou of the courts, . r .. . :!r,r : - JUDGMENT NOT DORMANT, "WIIEtf SEC-ia. JNo ludgment shall be held to have become dormant by reason ofjany stay of execution : thereon' in obedience to any general or special orders issued by tne Uene ral lately commanding the military District of which the State of North Carolina formed a pari., and the time during which execution rrv f .was:8d stayed, shall not be count; d in deter-ruTN- j iaining . aDy . question respecting tk judgment being dormant. : 1 ' " - ' '' '. - " ORDINANCE OF' 14TII OF MARCIT 1803. NOT AFFECTFD. thatthejndzeaof thcSuiicrlor Courts, instead; of be inTflni t. il KV tli voter of the whole State.-as is her ennrovided for. shall be elected by the voter of t'.elr respective, districts. , - ,v.r !.' bee. ZS. - i ne tnpenor i 9niiMii nr. u iiuc, niwn mrmn irnr.mmnn ni mi uumucpi nnuiu men i u- rUdictlon, except tho trial of auea of fact rcqnlrfn? Sec. W. BONE IT WE KJUCTT ALL KINDS JOB WORK, With the assurance that it will be 3 a. N IE ATLY and at CHEAPLY a it couUl he clon elsewhere. r . tsi SIS aiciai &?trathilbnday after third Jfondky ty failing to cause such sum We levied" with arch and September ' - the other cqtmty taxesrshallbc gniitjot lTovlrlPntVlirir- eiUUt-ti juuuuoj oim T Monday iu ifarch and September. i ; Cabarrus, tenth Jfonday after third Monday fin Jfarch and September, t TENTH JUDICIAL DISTRICT. I : Catawbi county, first Jfonday in Jfarch and jfTredcuC second Monday after third Monday id March and September. misdemeanor. PAPEl'S IN EACH ACTION TO KEPT set- Sec. 13. Nothing rin this act contained shall affect or impair any right given by an ordinance of the Convention of. this State, entitled "an Ordinance respecting the luris- dictionof - the Courts of this Slate," ratified I tbe 14thf day of .March. 186a;injthe cases to which it is applicable. i Ratified the; : 14lh. day.ot Angnat; A. .D., lBt8. . i (Si2ned. JOS, W. HOLDEN. Speaker Housd of Representatives. (Signed,) TOD R. CALDWELL, v J President of he Senate. T"'; ... .;.V".';,. A FATE. -..'".V..;-!.:";.- J ' Sec. 10. The clerk shall keep the papers in each action in a separate roll or bundle, and at its termination attach together, pronerly label, and file them fa order of the date of the final Judgment. : . ; . i SOLIClTOItS TO EXAHI5E ItECOrD8, AC . . . i Sec 11. At'erery regular term of. a Supe STATE OF NORTH CAROLINA, Office Secretary of state. 1 r-.. , r SrHaUialL August 22d. 18C8. U Henry JVIMninger, Secrelary. of fitate, herebv certifv thAt the foregoing is a 'true copy of -the roriglaai act on file in this office, tvrenty-nve dollars or K c :.- Ity. MENNINGER, the appclute conrt. Aug.-20- 4w ' Xkerctary of State.- Mlictlon, except tho trial of ifauc ol See. A solicitor shall be elected for each iu district byhc q oollfl cd rotua XbrxeoL. aMrtrTl be d t or members of tho General Assembly, vho snau r.o.d ofticc for the term of fonr resrs, and prosecute on be- . . w . . . at . m lsalf cf the State, In all criminal actiors in toe snpciior Contts, and adtisc the cCiccrs of justice la Hi dia- Sec. 3a In each connty a Sheriff and coroner, sta'l be elected bv th nnalified voters thereof, as Is pre scribed for members of lUo Gent-rat Aviinbiy,, and shall hold their odors for tt o yearr. in eacn 4 township there shall be aConswbW iK-ctwl In like manner by tlhe voter, thereof, who shall now Hi otace xor nro years. When there is no coroner in the county, the Clerk of the Superior Court for the county may appoint one for nnerJl efle Ineaseof a vacancy exUUne for anv caaMJ.In any of the oflces treated by tbta section, the commissioners lor me county nuj I'iwim uSBcn of. flee for the nnexplred tenn. - - . i Sec SI. All vacancJca oceurnnjtln tbe oflcea provi ded forbvthls Anicle of tbe CoastltoUoo. shall be filled by tbe appointment of tbe Governor, unless oth erwise provided for. and the appointee shall hold their places nntll the nextrepnlar election.- . ; .. ,. .. Sec JQ. The offlorr elected at the first elect! on held under this Constitution, shall bold their office for the terms nrescrihed for them respectively, next raanta after the next regular election for members of the Gen eral Assembly. But their terma shall betrla upon the approval of this Constltotlon by the Corjreaa of the United States. Sec S3. The eereral justices of the peace shall have exclusive oriirlnal iurlsdietlon under such renlattons as the General Assembly shslt prescribe. o(all dvil so. tlons founded on contract, wbereia tbe sara detnandad sball not exceed two hundred dollar, and w herela the tiue to real esute shall not be In controversy, and of alt criminal matter arising vtthin their conn tie where vaupunisnmenis cannot exceed b one of fifty doll is. or ixnprlsoirmect for one moath. When in tsssnr of fact ahall bn joined before a justice, on demand of cuaer party thereto, he should cause a jury of tlx men io oe summoned.-who shall try thessme. The party apalnst whom judgment shll be rendered In any d vQ action, may anneal to the Snnerfor Conrt f mm thm fame, and tt the judgment shall exceed twenty-live dol lars, there mar b m. now trial f thm vhnU ii u . . . J - w bjmw.v. ,M ine appellate court; bntl' the judgment shall be for lets, then tne case shall be beard i onrv nnoa matters of Law. in ir we or a. criminal nature, tho party Acainst whon wh k V cn m 7 "Pr1 tome Bupcrior Court,' . v. iuc ujaiirr intunc onra new. n til THE DAILY- r HAYS TOCB BILL-HEADS, HAXI-BILL8t t i w :rosTzi:s CARDS, CATALOGUES, -i r LEOAl BUS''' ease JOB OFFICE: LZTTER-UEjLDS, 'CIRCULARS. ELECTION NOTICE ETCETC Panted it iU I .., .... - " nEPUULICA5 " OFFICE, No. -22 1 Craven Street- July 13 32-tf I 'V
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 7, 1868, edition 1
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