Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-01-12

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the State of North Carolina, and it rs hereby enacted
bv the authority of the same, That the first Thurs
day of August, which shall be In the year OF our
Lord one thousand eight hundred and fifty hve and
every four years thereafter. polls shall he opened al
the several elections precincts in the County OF
Cumberland under the rules and regulations as
elections for members of the General Assembly are
conducted for the election some person OF integri-
ty ability and learning in the law, to be the Judge
of the Court of Common Pleas, of said county, and
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 the same to be certified to the
Governor, who shall commission him accordingly.
| SEC 2. Be 1T further enacted That the person 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. of
disability of the ncumbant, the county court of Cum
beand twenty justices being present, shall proceed
to elect some person of integrity, ability and learn
ing in the law to fill such vacancy to act until such
disability be removed; but no person shall be compe
tent to act Judge perform any judicial act,
til he shall have taken the oath appointed for the
qualification of public officers, and oath of Office
before Judge of the Superior Supreme court,
or in open court in the county court of Cumberland
Prouided however, that any person elected under this
act may be removed from Office upon impeachment.
| SEC. 3. Be 1t further enacted, That there shall be
held in the County of Cumberland, quarterly, the
first Tuesday of September, December, March and
June, a Court of Common Pleas, over which said
Judge shall preside, which may continue it's sitting
from day to day for ten days the business of the court
require it, and which shall have cogniZance of all &C.
ons and pleas, civil and criminal, of which the
ty court of Cumberland now has jurisdiction and
the said judge shall be competent to hold the term of
said court, and shall and 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 reside in his county, where the original
jurisdiction is not by any act of the General Assembly
confined to single magistrate or to the Supreme or
Superior court, of all penalties incurred by violation
of the penal statutes of the State, the laws passed
by the Congress of the United States, whereby jurs-
dction is given to the courts of the several States,
of suits for dover, partition of land filia portions,
legacles, and disrihutve shares of estates of mites
taes, and of all matters relating thereto; he shall
have power TO try, hear, and determine all matters
and things relating to orphans, idiots, and lunatcs,
and the management of their estates in like manner
courts of chancery exercise jurisdictions and TO the
extent to which the county courts exercise the
same to try, hear, and determine all criminal
where judgment upon conviction shall not extend to
llte limb, member, and all other where Jurls
dction and power is given by law tc the Courts of
Pleas, and Quarter Sessions of this State the said
Judge shall have, er-oficio, within his county,
the power and authority of Justice OF the
Peace to arrest commit, bind or bail any offend
of the law to the court having jurisdiction of the
offence.
SEC. 4. Be 1t further enacted, That he shall have
the power and authority as is by law conferred upon
any Judge of the Superior Court to take the acknow
6 edgment probate of any deed bill of sale,
any other instrument which may by the laws of this
State be required to be registered he may take the
privy examination of any fene cOuert who may be a
party 10 any deed or instrument requiring registra
ton, in the way is required by law, and
, the upon his order shall be admitted to regis
traton, and shall be to all lntents valid and of like
force as if taken before any Judge of the Superior
Supreme Court; he may in vacation grant writs of
rec07dari faCaS IoQuelGm, or false Judgments to re-
move any proceedings which shall be had before any
justice of his county into the said court of Common
Pleas, under the same rules and regulations are
now prescribed by law for the removal of the
to the Superior Court and hereafter writ of false
judgment shall run from the Superior Court of Cum
berland to any magistrate of said county, to remove
any proceedings before him to the Superior Court,
but the same shall be reurnable 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
D he may do in vacation, twenty days notice having
been given in two or public papers Of the day
appointed for such purpose for all persons having
8 interest therein to be present. PROVIDED, however,
that if objections be made to the probate of any will,
t and issue of deUisaU1t vel be rendered, the
shall stand for trial at the next succeeding term
of the court, and have the preference all other
: causes on the docket he shall have the power of
s appointing guardians, and shall have, exercise and
s criminal and civil, which now is or hereafter may
be conferred the said Court of Pleas and Quarter
Sessions Except is hereafter reserved to the Coun-
S ty Courts, under the rules, regulations and
= usages as now exist
It SEC. s. Be 1t further enacted, That the Court OF
Pleas and Quarter Sessions of the county of Cumber
land, shall hereafter be styled the County Court OF
It Cumberland, and shall be held by the justices thereof
e twenty at least being present. who may be compe-
tent to act and shall have exclusive power of levy
ing taxes, binding out oIphans appointing overseere
of roads, patrols, licensing retailers and transactng
g the county business The said court shall sit on the
= first Monday of September December, March and
er said justices shall elect chairman who shall preside
over their deliberations, and if by any casualty the
d. court do not meet that day, if there be any
D. mperlous necessity for extra session, the said
chairman shall have power to the said court
reasonable notice the said court shall have pow
lie er at its meetings to take bonds of the sheriff,
ner, constable, clerks other officers as now requr
ed by law, and shall have, retain and enjoy all thu
~ authority and power they have, by any law
touching the election and qualification of public off
cers the SAID court at Its session June 1885, shall
6, draw the number of Jurors required by law here
le tofore, and shall issue wrts of scire faca to TIL
ed sheriff of Cumberland county, to summon the SAM
is to the September term 1855, of the Court of Com
mon Pleas, and reguar court thereafter shat
ne in like manner draw and issue wrts of scr
tn tacas, returnrable in like manner and in case tn
D. county courts shall neglect 10 draw said jurors, tn
u sheriff attended by three feeholders shall proceed t
draw the jurors In like manner and shall certify tn
er same to the County Court Clerk who shall issu
lie writs accordingly.
ut SEC. 3. BE 1t further enacted, That the clerk
al the County Court shall oeao be clerk of the
N. of Common Pleas and shall authenticate the acts
n the said court with the seal of the County Court
whenever the same, by any existing law or usage