Newspapers / New Bern Republican (New … / Nov. 10, 1868, edition 1 / Page 4
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i . AW ACT IN RELATION TO THfif VoWEIta AND DUTIES OF XLERK.OB! SUPERIOR COUUT8. .3i; 7 General Jbtrfibly ff North Qardiiia do SkcxioitX That as this act" will be .incor porated lit the general act respecting the prac tice and proceedure of the courts, required to be reported to the General Assembly at its present : session, bjr the commissioners! fap-: 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 - - - ' !'.; Seer 2. " The Secretary of State is required to hatefSe third section of this act, and that portion relating to the Superior Court Clerks, printed at least weekly in four papers pub lished in 3tlns State, and the sum necessary for that purpose, is hereby appropriated from any monies in the. Treasury not otherwise appro priated.' ' :-- -sr: -a '' The terms of the several Superior Courts of this 8tate shall begin in each year at geDteber -ft r tat .nr shall nintm- K. . Wilkes, fourth Jonday after third Jfonday in march and September. -., Caldwell, sixths ifond&y after ttiird ifonday. in march and September, '-if 'il - ' Burk, eightli ionday after' third Jfonday in Jfarch and September; -.V" ' f : l v v r JcDowell, tenth Jbuday after third JfotH da in ifarch and September.;' , ELEVENTH JUDICIAL blSTRICI. I Alleghany county, . the first . Jfonday ' in 1 April ana September, . AIT- , Asht third Jfonday m April and Septembers " Tf - X 'mm- I . . r . , n auiauga, second Aiinaay aiier imra juqu any in April ana oepiemDcr. Jfitchell; fourth 'Jfonday after third Mori" day in April and peptemberi j - 4 Yancey, sixth Monday after third Monday in April and September, v ! u f 4 ';- .a madison. eighth Monday after , third Mon day in April and September. Trt'Buncombei tenth Monday after third Mon- uay in April auu ocpieraoer. , , , ' . TWELFTH JUDICIAL DISTriGT. " Clay county the first Monday in?Aprjt and and Sep- " ti times hereinafter stated, and shall contra uc to be held for two weeks (Sundays and le gal holidays excepted,) unless the business shall be sooner disposed of. :'-- ; :K - f i V FIltST JUDICIAL DISTRICT. - . rtle county, first monday in March and Hertford, third monday in fjVlarcn ana uc-1 in April ana eepiemoer. Gates, fourth monday . after, the first Mon day in March and October. : . ' Chowan, sixth monday after the first Mon day in March and October, . - v - f Perquimans, eighth , monday after the first monday in March and October, . ; Pasquotank; tenth monday: after the first monday irtrMarch and October. ' Camden, twelfth monday ! after the first monday in March and October. Curntuckr fourteenth monday after the first monday in March an.d October. " ' SECOND JUDICIAL DISTRICT. - - - Tyrell county the first monday in" Septem ber and February.? ' i i! a f Washington third "monday in September and February. : - h'-vu ; Martin, second Monday after the third Mon- day in Sjeptemoer ana r eoruary. Cherokee, third Monday in April teraber. ' ! ., ; Macon, second Monday after -tbirsL uoiiday in April and September. Jackson, fourth Monday after third Monday in April and September. 'r ' - - Ilaywoodr sixth Monday after third Monday April and : September. : ; : I ' i Trail syl van iaV eisbth. Monday after third Monday in April tind; September. j U i f Henderson, tenth Monday after third Mon day in April and September, i i ft -. OF THE QUALIFICATIONS' AN D GEN . ERAL DUTIES OF CLERKS OF THE nor uouiT, tne tsoiiatoxror-ine juuiciaMiis- trict shall inspect the office of the clerk and report to the court in writing. If any clerk. atter belnar furnished witn tne necessanr bonks, shall fall to keep them up as required by law, he shall be guilty of a misdemeanor. ana tne solicitor snail cause him to De prose cuted for.tbe same, if the Solicitor shall fail or neglect 4o; Derforta tlie duty hereby "Im posed pn him,- he'ehAll be lllablejto a penalty of . five hundred' dollars C6.anyperson'who shall sue for the same. . EXISTING SUITS. .The following sections, numbered 1, 2. 3. 4f. relate exclusively to actions which have been commenced, and in which no final judg ment has been rendered prior to the rati flea Uon of this act. as a part of the Code of Prac tice and Procedure. V cirX Tft DQCisTcufrs.J ; ; Secf f: The,derkJofY the Supcrtcr'Cotirts at the request of a partJ 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 separate docket, all suits, which, at the ratifi Important Articlie In tht ricivi Uonsmuuon. f i "J 1 : 1 ARTICLE IV. ; JUDICIAL DKPAUTMENT. rectIonl.- Tb distinction "between tctloM t"Uw 'and salts Id aaltT, and U form ot 11 kuom nail be abousnea ana mem sham w ui form of action, for tne eaxorcemeni or tne rearcM 01 private and aalta State bat one KmtMtlnn nf nrlvttn rlphtl OT eTery aalon preacntcd by the people of the fctute aa m party, agalnat a peraoo charged with a public offence, for the punishment of the same, shall be termed a crim inal action, l elctoed Isaacs snail aiso d aotwisnru the fact at lisne tried by order ox court ociore a jury.. 8cc S. Throe Commissioners shall be appointed by th) conTentlon, to report to the General Assembly at Its first session after this constitution shall be adopted by the people, rales of practice and procedure in ac cordance with the provisions of the foregoing section. and toe convention nau proTias i r m whumhhwihi a reasonable compenssuon. ' ' . s s Th mm PAmmlssloner sh all also report t the General Assembly as soon aa practicable, a coda of of North-r.rollna., The Governor shall have pow er to flU the vacancies occtrrrinjc in this commission. Qw A Th innlHttl rmwrrOI IDC Diaie 11111 V9 TrSlCvl ln:a court for the trial of impeaenmenw upreav court, Superior courU, court of justices vt the Peace ana bdccui courts. . ... f it ti.. au iii. Mil fir niwunmniu tti cation aforesaid, shall haTe been commenced, t be the senate; a majority of the mem halj Je nec W 5n vtfUf oh &nJl mrlment 1m-ot lPn rn'. esfary to a quorum, and the j odnnent 0t "tend " - . 7 .-w.. , w, dered in the late County courts, Superior Courts of law, and Courts of Equity, of their respective counties. now sucn suits procEEDED with. broart before alst(ce7 14 1'iltH rastri Thoord of IV proccecinrs, aa n. vum w.m mm v Saperior Court of Ua cooBty. tvec. Si. When the oCce of JasUce ct the Peace shall be ct me anu otherwise than by tne expirauon x ie tLmlacdlaraMof the failure by the yours of aydts. trlct to elect the clerk of the aaKrior court for the county, shall appoint to 111 the vacancy for the bj- plrrQ Loth. , SccC IaeaUrncCfcJcrKt?r WMnorcron for a county ahall become tacanv tacrwo :rT -i . v. jr is RntrlofCinrt for tk.ftnfV rttkolnt to fill the vacancy, exilian election can be regnlany bald. "ESP, TJD LI OA IP "UercliantsCliib . Housed CJTJ FJTJS" 8TBXXT. Xear the Pott Office, . KEW BERNE, N. C. Job Imting Office SUPERIOR Sec. 1. COURTS. At the first meeting of the county commissioners of each county after, the elec- ! . : t. J' f rt-. - n won ur appuimuieui ut vicK 01 -a oupe- rior Court, it shall be the "duty of the clerk to deliver to such commissioners ,a bond, with suflicient sureties, to be approved by them, as is , now required by the law, payable to the State of North Carolina, and with a condition to be void if be shall account for any andj pay over according to law all monies and ef fects which have or may come into his hands Hyde, fourth" MondaV after the third Mon- by virtue or color of his office, and shall dili- the third dav in September and February. Beaufort,! sixth Monday after mondav in Sentember and February Pitt, eighth Monday after the third Monday in'September and February, i I TCdirecombe. tenth Monday after the third monday in September and February. THIRD JUDICIAL DISTHCT. Wayne' cbunty .the first Monday in Septem ber and February. , Jones, third Monday in September and February.' T : ? V . '- ) I ' '. - V V -" ; Onslow, first mortday after the fourth Mon day in September and February. 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 by law. - r bonds , now approved; &c". - ' . Sec. 2. The approval of said bonds by the commissioners, or a majority of them, shall be recorded by heir clerk, any commissioner dissenting may; Cause his dissent to oe enter ed on record. ; Any commissioner approving a bond which he knows or believes to be in- rirttvn third mondav after the fourth Mon- sufficient, shall personally be liable as if lift day in September and February. j was a surety thereto. The said bond acknowl- tm mm m r I . S - 1 Jl k a Mm Knorr1 romnTAl from sml dlsanallflcatlon to hold Office in t Ills State, bufethe party snau oe iuidm w izuucisaent and punishment according to law. . I i . km. r.- tub tioDtte oi ueoreseniaiif e uu.,i, ruu have the power of Impeaching. No person shall be con Titted without the concurrence of two-thirds of the senators nrcsent. When tbo Governor la Impeached Sec. 3. And every suit not so transferred i the Cbief Justice shall preside. . ! v: . ithin the time aforesaid, shall be abalwl unfl Sec 7. Treason a-afnstthe State shall consist only In; lerrtne war azalnst it or aancrinj. to lis enemies. giving them aid and comfort. Ho person shall be con ictca of treason unless on the testimony of 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. i Bee 8. The Supreme court shall consist of a Chief Justice and four Associate Justices, -. , i . 'y Sec 9. There shall be two terms of the Supreme court held at the seat of government of the State In each years, commencing on the first Mondav In Janua ry, and first Monday in June, and continuing aa long as the public interest may require. r i Sec 10. The Supremo court sbau have jurisdictloxl to review, ttpon appeal, any decision of the courts bc low, upon any mattvr of law or leal interference ; but no issue of fact shall be. tried before this conrt;-end, the court ahall have power to Usuc anv remedial wriU necessary, to cive It a genrral supervision and control oi the Inferior courts. Sec. 11. The Supreme Court shall have original juris diction to hear cjalms against the State, but ita decia ian ahall ha jnn-lv recommendatory ; no process In tho nature of execntlon shall issue thereon ; theT shall be reported to the next session of the General Assem bly for Its Action. t x , . i Sec 12. The S'i .Kail be d vlded into twelve ittdl- olilrti-lcta for each of which a iude shall be chosen. who ahall hold a snnerlor court in eacn conn it in aaia district, at least twice In each year, to continue for two weeks unless the business sbau be sooner disposed of. Sec 13. Until aiterea oyiaw tuc ignui5uw the iudlclal districts. ' I subscribing witness, before the clerk of said fourth commissioners' as their presiding officer, reg istered in the 1 office of the register of the fourth county, in a seperate book to be keDt bv him for the registration of official bonds, and the fourth original with the approval, thereof endorsed deposited with the register for safe keeping. The like remedies shall be had upon said bonds as are or mav he ci vrn liv law rn .ffl Robe&on ': coflnty on. .the, fourth monday Intboudt. lv A iitrus And February. w& & A l - Riaden. second monday after the fourth dav in September and February. Greene, seventh monday after the monday in September and February, r Carteret, ninth, monday' aftet. the Monday in September and February. Wilson, eleventh monday after the mbnday in September and February. - ' FOURTH JUDICIAL DISTriCTi monday irf August and February. -iColumbus. fourth monday after the fourth monday in August and February. j Brunswick, sixth monday after the fourth mondaty in August and February, f f , New Hanover, eighth monday after the ' fourth mt.ndav in August and February. Sampson, tenth monday : after the .fourth mondav in August arid February. F . ..Dnofin. twelfth monday after the fourth monday in August and February. , FIFTH JUDICIAL DISTRICT. Harnett county the iecona iionaay m au gust and February, -, ; . ' . j 3loor, second mojidav after the second monday in August awd February. Montgomerv, fourth monday. after, the sec ond monday in August and February. Stanly, sixth monday after the second mon day in August and February. ' r . Union, eighth mon- ay. after the second monday in August and February ... .. U, Anson, tenth monday after the second mon day in August and February. Richmond, twelfth Monday after the second monday in August and February. Cumberland, fourteenth Monday fter the second Monday in August and JTebruary. i .r 8IXTH JUDICIA1 DISTRICT. QUALIFI CATIO 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 file the same with the Register of Deeds for the county ' , FAILURE TO GIVE BOND. -..1 ' j .1 M j oec. . in case any eiera snail Tan to give within the time aforesaid, shall be abated and the Clerfc; ot the superior Court shall ' tax a costs against the parties liable, and collect the same by the proper process. . I 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 ronnirftrl ro bft-kpnt hir hirrt. nnrl' triw anhen. tion hereatter to De commenced. rvrcTTVii TrnnxnTvo rrvt vAntrivnf1,""i Sec. 4. Existing judgments and decrees not dormant may in like manner be entered on the execution docket, and the subsequent proceed ings shall be as is prescribed for actions here after to be,commenced,Tis f ar as shall bo com patible with the previous proceedings, and no lien acquired before the ratification aforesaid shall be lost by any change of process, occa sioncd by this act. DORMANT JUDGMENTS. Sec. 5. Judgments or decrceswhich are dor mant at the ratification aforesaid, .may bo re vived or enforced in tho manner herein provi dcd. ACTION COMMENCED AFTER THE RATIFICA-J-TIOnTtP 8EXOND-0LDDEBT8itC.. Sec.6. In'all actionsierearter commenced, founded on such contracts as are provided for in an ordinance of the Convention of this State, entitled VAn Ordinance respecting-the jurisdiction of the Courta.df this State," rati fied on the 14th day of March, 18C8, the sum mons shall be made returnable to the term of the SuperiorCourt therein designated, and the subsequent proceedings shall be in -accordance witif the provisions of sairt act. , ; ( EXECUTIONS LEVIED ON PERSONAL TROPERTT Sec. 7. The late Sheriff of any County hav ing in his hands any Jicre facias execution, which has been levied on personal property of the defendants, which is unsold shall proceed to sell the same as now required by law, he shall pay over the proceeds after deducting his fees, and shall also make return of the writ. to the Clerk of the Superior Court, of, the L-uuuiy iu any vyouriot wiucn me writ is re turnable, the proceeds to be paid by the Clerk toine fames enuiieo tnereto. - EXECCTIO 8ATISFIED. j ! Sec 8. The said sheriffs shall in like man ner return all executions in their hands which t rirst District Currituck, Camden, PasquoUnk, Per quimans, Chowan, Gates, Hertford. Bertie. , i Second District TyrclL Hyde, Washlnzton, Bean fort, Martin, Pitt, Edgecombe. - J i Third District craycu. i:anerei, iones, umiow, Greene. Lenoir, Wayne, Wilson. . Fourth District Brunswick. New llanovcv, DupiUv Columbus, Bladen. Sampson, Robeson. j ) yiftn District Cumberland, iiarneti. woore, iucn mond. Anson. Montgomery, Stanly, t'nlon. ; Wake. Nash, Franklin, Johnston, Granville. . HeTenth District Person. Orange, Chatham. Ran dolph. GuHford, Almnancc, Caswell, llockiocnam. ; Eighth District--Stokes, Forsythe Datldson, itow- bond and qualify as ibove directed, the ctir- n!f u, Hhn by a sale of property or ... J . - - w wv s w v tststA i -t hortt'tcn ntin Clinll lint ant nnv rAw1 thereof. " man of the county commissioners of his coun ty shall immediately inform the Judge of the judicial district thereof, who shall thereupon declare the oflBce vacant, and fill the same, and the appointee shall give bond and quali fy as above directed. OFFICES WHERE TO BE KEPT. Sec. 5. He shall have an office in the court house, or other place provided by the eoun ty commissioners, in the county town of his county. He shall give due attendance, in person or by deputy, at his office, daily, (Sun days and legal holidays excepted,) from 9 o'clock A. m.- to three o'clock, P. M., and longer when j necessary for the dispatch of business. TO RECEIVE OFFICIAL PAPERS, &C. Sec 6.1 Immediately after he shall have given bond and qualified as aforesaid, he shall receive from the late Clerk of the County and C 1 rfa s - . a EXECUTIONS NOT LEVIED AT ALL, OR LEV IED OM REAL PROPERTY. i As soon as the successors of the ShcrrifiV hal 1 have qualified and Granville county second Monday in August Superior Courts, and Clerk and Master of the V and Febrnarv. Warren, second Monday after the second monday iu 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 Iday in August and Februarys f s Nash, tenth monday after the second Mon .Uv in Ancrnst and February. I Halifax, twelfth Monday after the second monday in August and February. Kortharapton, fourteenth Monday after the : second Monday in August and February.: SEVENTH JUDICIAL DISTICT. ' , 'Guilford county, ;the first Monday in March and September. T 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. j ' ' Pp-oii, sixth monday after the first Mon ' day ... March and September. .1 - Orange; eightli monday after the first Mon day in March and September. j- f ;( ' ' Chatham, tenth monday after the first Jfon day iu march and September. l v fenndolnh. ; twelfth Jfonday after the first Jtfbnday in Jfarch and September. - AUmarce. fourteenth Jfonday Urst Jfonday in Jfarch and September. EIGHTH JUDICIAL DISTRICT. Davie county, the first Jonday in April and September. . K ' . Rowan, thud Monday in April and Septem ber " - ' -T! ! -'.' Davidson, second Jfonday after the third Jfonday in April and September. ! Forsythe, fourth . Jfonday after the third Jfonday in April and September. j Stokes, sixth Jfonday. after the third Jfon Mav In Anril and September. vH r ' Surry; eighth Jfonday after the third Jfon day in April and September. Court of Equity of 'the county all records. books, papers, money and property, of their respective offices, and give receipts for, the same; and if any such late clerk, or clerks and master, shall refuse or fail within a rea sonable time after demand to deliver such re cords, books, papers, money and property! they shall be respectively liable on their offi cial bonds for the value thereof, and be held guilty of a misdemeanor. . . TO KEEP RECORDS, &C. ; Sec. 7. He shall keep in bound vol lmes a complete and faithful record of all his official acts, and give copies thereof to all persons de siring them, on payment of the legal fees. BOOKS TO BE KEPT BT THE CLERKS. Sec. 9 said late given nonus nv required by law, the said late Shenfts shall deliver to such successors, all writs of executions in their hands which have not been; satisfied; and have-not 'leen levied at all, .or which have been levied on property which haSjbeen sold, and a residue remains unsatisfied,! or have been levied an real property which' in whole or in part re mains unsold, with a return stating any re ceipt of money by them, and their action under the writ. The new Sheriffs shall pro ceed to act under such writs as if the same had been? addressed .and issued! to tbera, and snail make return thereof to the next term of the Superior Court of the county, (or) to any Court of which the writ is returnable. Any Sheriff failing to make due returns of such writs delivered to him, shall forefeit and pay one hundred dollars to any person grieved thereby, to be recovered on motion to the Court before which the writ is requir ed to.be returned-4 All proceeds of executions in part" only 'satisfied. While in the hands of any late Sheriff, shall be paid by him to the clerk of the Superior court of the county, to any court of which the writ is returnable for the use of the parties entitled thereto under the penalties now provided bv law in case of failure. EXECUTIONS TO BE DOCKETED. Sec. 10. The clerk of anv Superior uoun to which anv execution shall he re Sec. 8, The clerk shall keep the following turned as is above prescribed shall at the r dooks : " 1. A docket a 1 t oi an writs oi summons, or other original process issued by him, or re turned to his omce. 1 his docket shall con tain a brief note of every proceeding what ever,! in each action, up to the final judgment inciusivr. 2. An Execution Docket, in which the sub stanse of the judgement shall be recorded, and every proceeding subsequent thereto, noted, with an alphabetical index. quest of any person interested therein, and on the payment of one dollar, enter such ex ecutions, on his execution docket, and the like process mav be thereafter had thereon' as:is provided in-similar cases on judgements? recovered alter the rktificationt)f this act. . . SIIERIFF8 FOR FAILING TO RETURN. Any late Sheriff or other officer in his hands, and failing: FENALTY ON Skc 11 having executions Kk after the 3.. A Docket of all issues of fact joined T " rr "u" a nlanntntta Ann fitliav t- r r tn.a l.inl.1. I .v.w in rtavlo .YidHn. SnrrT. ; Ninth District Catawba. Cabarras, Vfcklenbarjr, Lincoln, Gaston. ClTelsud, Rulhsrford. Polk. 1 Tenth District Iredell, Burke, Caldwell, Wilkes, Alexander, McDowel. . , I i ; EleTenth District Alleghany. Ashe, Wstaojra, If ltch eiU YanceyIadlson, Banoombe. i Twelfth District Henderson. Transylvania, Hay wood, Macon, Jackson, Clay. Cherokee, j 8ecl4. Every jodgc of a Soferior Conrt' shall rrslde in his dlslrJct while holding his office. iThe judges mayexchanee districts with each othtr wi'.h the con sent of tie Governor, and the Governor Ifr tixl - Sons which he shUl report to thw Legislature M it cur rent or next session, nimy require any judge to hold uu or more specified terms of said courts in Utuof -tba Judge in wjose district thev are. I fti in Tho Snnrior Courts shall have exclusive original jurisdiction of all civil actions. . whereof ex clusive original jurisdiction Is not given to some other Cnnrti. and of all criminal actions in which the ponlh ment may exceed a line of fifty dollars or Imprisonment lor one mon in, .... ' . i ! . Sec 16. The superior courts shsll have appellate ju rUdictlon of nil Issues of law or f set, determined by a Probata Judge or a Jnf tlce of the Peace, where tbo matter in controversy excreds twenty-five dollars, and, of matters of law In all cfl?cs. S-c. IT. The clerfc of tbo superior courts shall have iurtwllction of the probate of deeds, the granting of letters tretaraentarv sod of administration, the sp nointmcnf of gnaidisns. tl apprtrticlur of rrpbans to audit the account of executors, administrators aua iru.irdians. and of such other matters aa sdsii oepre srribt-d bv law. All isssues oi isci jomeu wiun- shall bo trsneferrrd tu the superior courts tor inai. and appeals shsll 11 to the superior courts frow their judgments in all matters of law. , , Sec. 18. IU all issues OI ISCl. JOinm m muj wui v, parties may waive the rirbt to have the same detennf I ned ny jury, in wnicn esse, inc numnn ui ui mhs u yi on the fact, shall have the force and effect of a jury. Bee. lit. The General Asscmbv ahall provide for the establishment of Special courts, for the trial of misde meanors. In cities and towns, wnere me mb my "Sec??. The Clerk of the Supreme Court shall b- apptlnted oy tne coon ana latu uwu imuiww eigni years. - . ' 8ec . A Clerk of the Snperlor Court for each county, ahall be elected by the qualified votera thereof, at the time and In the manner prescribed by law, f of ft Vk aIaMIati rt msm hra of tha General Assemolv. Sec, 22. . Clerks of the Superior! Courts shall bold their ofilces for four years. ...' t '. Sec. 23. The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all offi cers provided for iu this Article: tmt the salaries of the Judges shall not be diminished daring their contin uance in office. . L 8ec. 24. . The laws of North Carolina, aot repugrxant to this Constitution, or to the Constitution and laws of the United States, shall be in force until lawfully al tered, i ., Sec 25. Actions st law. and suits In equity, pending when this Constitntlon shall go 'nto effect, shall be mimfxrrixl tt thi ronrts bavlm; iuricdlctlon thereof. without prejudice bv reason of the change, and all such actions and suits, commenced before, and pending at, the adoption by the General Assembly, of the rules of Rractice and procedure herein provided for, shall be eaxd and determined, according to the practice now In use, unlcsa otherwise provided lor by aald rules. Sec. 20. The juittces of the Scprerne Court ahaU bo elected bv the qualified TQters of the State, as U provi del for the election of members of the i OmeraJ Assem bly. They shall bold tbclrofflcea for eight years. The Judges of the Superior Court- shall be elected la Ilka manner, and shall bold their offices for eicht years ; but th-Judges ot the Superior Courts elected at the first election under this constitution. shaU, after their elec tion, under tbo superintendence or me jutuccs i ie Supremo Court, bo divided by lot Into two equal classes, one of which shall hold ufflce for four yaara. tha other for eight years. - v , t .Th. c.r-nr Aserablv tniT nrovlde br law that the judges of the Superior Courts, iinstead I be ing fleeted by the voters of tho wbol SUtc as Is here en provided for. shaU be elected by the voters of l-clr respective aismcxa. . .-t .t, ., Sec i lie Bnpcnur.v.ri..,,- .- risdlctlon. except the tril of tsiuea of tfact Tequlriag PKKM)ItS cowl U Kew Rem, wDJ tad UU a sat and eomforUhlo place to atop at. Kverj attemtlon - - Always wpplIedwlUa tha beat of WUea. U.ors, aad Cigara; TABLES, With all the market wtn sspply. ... LODGINGS, . J. . . rBsarpassed. vru. l. rAUfnt. Msyl-ltf. Proyrictor. Acents Wanted ' roa tu OETICIAIi ' HISTORY ' OF THE WAR, Its Causes. Character, Con - duct and Itesults.v By Hon. Alex. II. Stephens.' A Booh for all Scctioni and allPartiu. THIS great work preseata the only complete and impartla analysts of tha (Causes of tha War yet published, and gives those interior llcbts a ad shadows of tha grest coafllct only known to those high oScera who watched the flood-tide of revolution from Ita fountain springs, and which were so aoeesihl to Mr. Stephens Irota his position aa second oQctr af the Confederacy. " To a puNlc that has been surfeited with APPA TtENTLv SUflLAB PbODUCTIONS. we proaals a change of fare, both agreeable and salutary, and aa In tellect nl treat of the hlgbert order. Tb Great Ame rican War has AT LAST foujd a hlstoriaa worthy of Its Importance, and at whoso hands It wfl reeelv that moderate, candid and Impartial trvalmett which traLh and juMire so urgently demand. Tue Intense desire ever? where mastfrtted to obtala tbiswotk. ita Official character and ready sale, roes- hired with an Increased commission, make It the best sutnuiiuu dook ever paausaeo. One Agent in ai ton, Pa reports T2 aabacribera In three day. .. One in Boston, Vara.. 10S subscribers la fear dare. One in Memphis, Tenn.. IM subscribers la five eara Send for Circulars and see ocr terms, and a f mU ac acriptlon of the work, with Vrxti notices of advance sheets, Ac Address NATIONAL PCBUsniNGOO.. South SeTcalh 8U, PhlUdelphla, Pa. April SO-tw :v" ' V '"' l 4Am JOB PRINTING I JOB miNTINOt JJB PRINTING !! JOB PBINTlKGtr GERMANTOWN TELEGRAPH. A FAHIILY and an AGRI i We can the attention of the poUle te Ue rvcrvt safl Uoa to onr ofSce of t4ele Devoted to CTTOTCE LrTZRATTTTTE. Including Poe try. Novelettest, Tales and Moral and Entertaining Read lng, generally. In the Literary Department we shaU present the choicest vstletie. within the reach of out extended mesns. The Novelettes. Tales. Poetry, etcv. shall be rnpplied front the best and highest sources, and be equal to anything to befound Inaoy journal or aatg xine. AGIU CULTURE AND nOIfTI CULTURE, Kmbradir- Farming. Gardening. Prnlt-RaislB-. etc Our labors In this department for ver thirty years, have met the cordial approbation of the pnhlle. Oat purpose ha h-n to fnroib useful and reliable lnfrr atinn or-on these very important branches nf lndairy and to protect them so far a a within our pwwrr aralnM the false doctrine sn-i srlflVh norposcs of the ansay empirics and sensation adventurers by which lb farm er Is Incessantly assailed. This portion f the fits haktowk TsLnonarn Is alone worth the price of aab scrirtion. NEWS DEPAltTMENT. . The same ladustry. care. atwrTUcrirolnstfou In gath ering and preparing the stirring events of the day. ex pressly for this paper, which hitherto has been one of Its marked features snd riven snrb itversl sativfar. tion will he continued with redoubled efforts to meet tb I acrewslnr demand nf tho public TERMS. Two dollars and fifty rente per armors. No orders received without the cash, and all subscrip tions stopped at the end of the time paid for. Speci men numbers sent. Addrrs PHILIP JL wreAS. Editor sod Proprietor. G era an town, Philadelphia, Pa. June lt-lm. Job Printing Establislunent, WITH NEir PRESSES of the saost taprevsd and asodern polUrns Xcw TjTe, Borders nnrt Cnt, f resa Us I I FIRST rOUNDIUES IN THE "COCXTRr Experienced Workmen, and a desire to build a a bnslnoee by giritg astiaUt tion to oer patreaa. JOB WOE, upon the pleadings and other matters, triable before a lury, and of all other matters .'for hearing before the judges, at a regular term of the Court, a copy of which shall be fur nished to the judge at the commencement of each term. 4. An alphabetical index according to the names of the plaintiffs, of a 11 final judg ments in civil action, rendered in the court, with tne dates ana numbers tnereoi. o. A DocKet ot all criminal actions, con taining a note of every proceeding in each. BY WnOM THE DOOKS AH! TO BE PUrN- ISI1ED. Sec. 9. The books specified in the above s" - . - r-i - m BMMsaa'SL.KV - - i s i iin saiissvo Yadkin, tenth Jfonday after.the.Lthira Mon- - rr;v " Jin.v in Anril ana oeDtemoer. ' v I ..t c., a. . J r---- . . , i NTOTli JUDICIAL DISTRICT, t ...Polk county, the first Monday ip Jfarch and fieptember. . , T?nthprfnrd. third JTondar in Jfarch and ABUtMvi ----- . : - . Rntpmber. Cleveland second ' Jfonday after the. .Wonriav in Jarch and September. il r IJncoln. fourth. Jonday after, third Jbn "i'-'i -i-mr--t- A C ami rial- -h Lrt. third seTeral 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 price, may be levied 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 taxes. The commissioners of any tjpun ;A , iiftvaftfir third Jondav f tv failing to cause sticlr sum to be levied with MSber: : ! " the other county taxes, shall be guilty of a Mjir.bi-nburir.eiehUi jHonaar axtcr tnira i iui9uciuwui. :Jonday in Jfarch and September, i Cabarrus; tenth Jfonday after third Jfonday in -Jfaicb and September. - TENTH JUDICIAL, DISTRICT. , Catawba county, first 'jfonday..in )far di-and Btnterribef " r t" "'.'" -"- jLlexaijder, third Jfonday In Jfarch and YreiKVeoond Monday ftr thfrd Mmiday and pay to any any person grieretl. one hun- drrd dollars be recovered on motion of tiie court. f ' JUDGMENT-NOT DORMAKT, WIIEM ; Sec. 12. No judgment shall be held to have become dormant by reason ofjany stay of execution thereon in obedience to anv general or special orders issued by the Gene ral lately commanding tne military District of which the State of North Carolina .formed a part, and the time during which execution -tfas so stayed, shall not be counUd in deter mining any question respecting a judgment being dormant. ; ORDINANCE OT 14TII OP MARCH 18C8, NOT AFFECTFD. 'v. Sec. 13. Nothing in this act contained shall affect or impair any right given by an ordinance of the Convention of this State. entitled "an Ordinance respecting the juris diction of tne courts ot this State " ratified the 14th day: of March' 1868, in, the cases to wuich it is anDlicab e. Ratified the 14th day of August; A. DV, 1CHKJ. - (Signed,) JOS. W. HOLDEN; Speaker. House of. Representatives. (Signed,) TOD R. CALDWELL, J President of the Senate.! 5 i i i i STATE OP NORTH CAROLINA, Office Secretary of htate. HaUigh, Augtt9t22d, -1868,5 PAPETS IN EACII'ACTION" TO BK KEPT SEP- ArATE. ; : r-:'.'':- . -7; Sec. 10.: Theclcrk. shall keep thepapers in ju.1. tn mm tmmmn.nmmtml'rm mil AT Vnn1. OTlH at-its termination , attach toeether. ; pronerly UWprj J; Atenhinger, Secretaryof State 111 nri filP.thpm in nrd P.r of the date of the hereby certify that the foregoing is a true final judgment. ... . - &&&ZlV&m- Sec. 11.! At rvwy regular trrrt f a Snpe-: . Anj. 4w . , DONE AT WE SOLICIT ALL XfXDS JOB WORK, With the ajttnraocc ihit it will bt l$ NEATLY and at CHEAP1X at il could be dona cltetrbrrt. a aiw' A nli-!tAr shall b elected for each judicial district by the qaallflcd voters theirof, a la prescribed . mm' - m. mtm a A a. 1 mm. . V. -H, kVall VaM lor luetnijcra mc UincxaiArrc7n "ij, vm office forth, term of four jcara. and proven t on r half of the State, in all criminal actloca In the SntHt Idr Courts an( advic tha omcera ox juauce in bi aia- Sec Sa In each county a Sherlix ana voroner, ana I hclortMl hr tha anallfled voter thereof, aa la pre- scribed for memhera of tha OeiHTalAaMsmoiy, ana mail hold their offlcea for two year. In each town. hip there ahall be a Constable elected in iik manner ty the votcra tbereof, mho shall hold hi office for two jeara. When there la no coroner In tha county, the Clerk of the Superior Court for tha county may appoint one for rtrHafi cum. incaof a vacDcv--ex.Unff tor anv caoae. In any of the offlcea created by . tfele section, the Commlaalonera for tne conmy may appvuit toancn ;oz- flrw fop that niuTT.IrM terTOL Sec. 21. All vacandea oocnrrlnjr in tha offlcea provi ded forbythla Article of the Conatltntlon. ahall be filled by the appointment of tha Governor, nnlea otb. erwlae provided for. and the appointee ahall hold their placca nntll the next regular election. Sec. The offlora elected at the firat election held nnder thla Conatltntlon. ahall hold their oficea for the terms prescribed for them reapectlvelv, next enauln after the next regular election for member of the Gen eral Assembly. But their term ahall begin npon the approval of thla Conatltntlon bj the Cpngrcsa of the United Statee. r , Sec. 33. The several lattices of the peare shall have exclusive original jurisdiction nnder ncb rrcnlatlona a the General Assembly ahall prcacrlte, of all civil ac tions fouDded on contract, wherein tha sum demanded shall not exceed two hundred dollara. and wherdn the title to real estate shall not be In controversy, and of all criminal matter analn? within their counties when the punishments cannot exceed a fine of fifty dollaia, or ImprlsonnM-nt for one month. When an Issue of fact anall to joined before a justice, on demand of either party thereto, ha should cause a lory of six men a - V tm Bummonea. wno nsii try ine wme. xne partT aalnat whom jodfment ahall be rendered In anv civil action, mav appeal to the Superior Coart foi the aame, and Lf the judgment rhall excwl tn-rn.ty-five dol lars, there may bo a new trial of the wlrole matter In the appellate court ; but I' tha judmrat shall bafor twenty-five dollara or less, then the case ahall be heart! In tho appellate court, only npon matters of law. In all caaca of a criminal nature, the party ajralnat whom judgment ia given mar appeal to tha Superior Conrt. wbr- th vtattr ahall W hear nw. , j n all ft THE DAILY REPUBLICAN" HATE TOCX BILL-HEADS, UAXD-BILL8, a POSTEBS, CARDS. , CATALOGUES, BY-LAWS, " 4 LEGAL LETTER-BEADS, :'. CIRCULARS, : r ELECTION X0T1CZS ETC., Printed at th BUS mmTf ETC' "BEPUBLICAN OFFICE JOB 0EEICE. No. 22 Craven -Street. July U
New Bern Republican (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 10, 1868, edition 1
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