The North-Carolinian. [volume] (Fayetteville [N.C.]) 1839-1861, 1855-01-13
CUMBERLAND. COUNTY COURTS.

the County ct Cumberland, ana jU1 other ptr-
poses. ~ 8a9+t @5 80
Sec. Be it enacted by the General Assembly
of the State of North Carolina, and it is hereby
enacted by the authority of the same, That on
the first Thursday of August, which shall be in
the year, of our Lord one thousand eight hum
dred and fftyfve and every four years there
after, polls shall be opened at the several cleo
tions precincts in the county of Cumberland
under the same rules and regulations as elections
for members Of the General Assembly are con-
duct ed for the election ofsome person ofntcgrity
ability and learning in the law, to be the Judge
of the Court of Common Pleas, Of said county,
aud all persons qualified to vote for members Of
the House of Commons in said county, shall
be entitled to vote at said election, and the
person having the highest number of votes in
said election, shall be chosen, and the sheriff
shall cause the same to be certified to the Gov
ernor, who shall commission him accordingly.
SEC. 9. Be it further enacted, That the per-
son SO chosen shall hold his Office for the term
of four years, and until his successor is chosen
and qualified, and in case of vacancy in said
Office from any cause, or of disability of the i'll
cumbemt, the county court of Cumberland, twen-
ty justices being present, shall proceed to elect
some person of integrity, ability and learning
in the law to fill such vacancy or to act until
such disability be removed; but no person shall
be competent to act Judge, perform any
judicial act, until he shall have taken the oath
appointed for the qualification of public officers
and an oath of office before some Judge of the
Superior or Supreme court, or in open court in
the county court of Cumberland Proridcd
Ao,cerer, that any person elected under this act
may be removed from Office upon impeachment
Sec. 3. BE it further enacted, That there
shall be held in the county of Cumberland,
quarterly on the first Tuesday of September,
December March and June Court of Com
mon Pleas, over which said judge shall preside,
which may continue it's sitting from day to day
ten days, if the business of the court require it,
and which shall have cOgnizance of all actions
and pleas civil and criminal, of which the coun-
ty court of Cumberland now has Jurisdiction:
and the said judge shall be competent to hold
the term of said court and shall aud may take
cognizance, and have full power and authority
and jurisdiction to hear, try, and determine all
causes of civil nature whatever at common
law, where the defendants, or one of them re-
side in his county, where the original jurisdc-
ton is not 10y any act of the General Assembly
confined to single magistrate, or to the
Supreme or Superior court, Of all penalties in
Cured by violation of the penal statutes of the
State, the laws passed hy the Congress of
the United States, whereby jurisdiction is given
to the courts of the several States, of suits for
dover, partition of land, filial portions, leya-
cies and distributive shares of ntestatcs, and of
all matters relating thereto; he shall have
power to try, hear, and determine all matters
and things relating to orphans, idiots, and luna
ties, and the management of their estates in
like manner conrts of chanccy exercise juris-
diction and to the extent to which the county
courts now exercise the same, to try, hear and
determine all criminal where Judgment
upon conviction shall not extend to life, limb,
or member, and all other where jurisdc-
tion and power is given by law to the Courts of
Pleas and Quarter Sessions of this State; the
said Judge shall have er eDfeio, within his county
the power and authority of Il Justice of the
Peace to arrest, commit, bind over or bail any
offender of the law to the court having jnrisdc-
ton of the offence.
Sec. 4. BE it further enacted, That he shall
have the power aud authority as is by law
ferreel upon any Judge of the Superior Court,
to take the acknowledgment or probate of any
decd or bill of sale, or any other instrument
which may by the laws of this State be required
to be registered, he may take the privy examina-
tion of any tcme corert who may be party to
any deed Or instrument requiring registration,
in the same way is now required 10y law and
the same upon his order shal! be admitted to
regst ration, and shall he to all intents valid
and of like force if taken before any Judge
of the Superior or Supreme Court; he may in
vacation grant writs of yecorduri /ocns Loguetam,
or false judgments, to remove any proceedings
which shall be had before any Justice of his
comfy into the said counrt of Common Pleas,
under the rules and regulations as are
now prescribed by law for the removal of the
eases to the Superior Court, and hereafter no
writ of false Judgment shall run from the
Superior Court of Cumberland to any magistrate
of said county, to remove any proceedings be-
fore him to the Superior Court, but the same
shall he returnable into the court of Common
Pleas He may issue commissions to take the
testimony shall have exclusive power to grant
administrations, or take the probate of wills,
which he may do in vacation twenty days notice
having been given in two or more public papers
Of the day appointed for such purpose, for all
persons having interest therein to be present.;
Prorided, however, that if objections be made
to the probate Of any will, and an issue of de-
risarit eel be rendered, the same shall stand
for trial at the next succeeding term of the
court and have the preference over all other
| causes on the docket; he shall have the power
| Of appointing guardians, and shall have, exer-
else and enjoy all the power, authority and
| jurisdiction, criminal and civil, which now is or
of Pleas and Quarter Sessions, Except as is
hereafter reserved to the County Courts) under
the same rules, regulations and usages as now
exist. Ai5~ -tf sts H44r
| Sec. 5. Be it further enacted, That the Court
of Pleas and Quarter Sessions of the county of
Cumberland, shall hereafter be styled the Cou,.-
! ty Court of Cumberland and shall be held by
| the justices thereof, twenty at least being pre-
sent, who may be competent to act, and shall
| have exclusive power Of ievying taxes, hinding
out orphans, appointing Overseers of roads.