The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1858-12-07
COURTS OF COMMON PLEAS.

The "Bill to create and establish Courts of
Common Pleas" for each county, was introduced
into the Senate by Mr. Houston, of Dupn, the
main provisions of which We give synoptically:
The first section provides, that the first
Thursday in March, 1859, and every four years
thereafter polls shall be opened at the several pre-
cincts in each county in the State, under the same
regulations as in elections for members of the Gen
eral Assembly, for the elections of persons of in
tegrty, ability and learning in the law, to be the
Judges of the courts Of common pleas; each county
to elect one and the Sheriff to certify the to
the Governor, who commissions the judge accord
ingly.
Section second, provides that the judge shall
hold his office for the term of four years. and that
he may be removed by impeachment.
Section third establishes the court under the
name of Court of Common Pleas and provides
for quarterly sessions, viz: on the Tuesday next
after the Mondays upon which the several county
courts are held; the said court to continue its
sttings for days if necessary, and to have cog
nizance of all actions and pleas, ctoH and crtant-
nal, of achich tie county court no,c has jurisdtc-
ton. The judge shall have power to try and de-
termine all causes of a civil nature whatever, at
common law, where the defendants, or one OF them
reside in his county, when the original jurisdiction
is not by any act of the General Assembly confined
to a single magistrate, or to the superior court; he
shall have power to try and determine all matters
relating to orphans, idiots and lunatics, and the
management of their estates, in like manner as
courts of chancery exercise jurisdiction, etc.
Section fourth. gives to the judge the same pow
err as is by law conferred upon any Judge OF the
Superior court, except In cases where judgment
extends to life, limb or member.
Section fifth styles the courts of pleas and quar-
ter sessions hereafter County Courts, and gives
them exclusive jurisdiction of County business
Section 9th, makes the clerk of the County court,
CO o6icio, clerk of the Court of Common Pleas
Section seventh allows the judge to be selected
from any county in The State, and not requiring
him to become a citizen of the county in which he
may be elected; the county paying him not less
than $500 per annum, payable quarterly; besides
on every civil action and every Indictment, to be
allowed 81 EACH to be collected from the parties
convicted and on every grant OF administration
and every appointment of guardian, 81.
Section eighth, provides for taking appeals from
the Judgment of single justice of the peace, to the
court of common pleas instead of the county courts
Section ninth, provides for taking appeals from
the court of common pleas to the supreme court
alone.
Section tenth, provides for removing the trial
and appearance docket, and all papers connected
with any civil or criminal cause, OF the county
court to the court of common pleas.
Section eleventh, provides for tie payment OF
jurymen and witnesses.
Section twelfth, provides that whenever any
person shall be served with cdPtds at sdtt:f0ca-
endun., and desires to take the oath made tor III
solvent debtors he shall i've bond tor his appear
ance at the court of Common pleas.
The provisions of sections IL, IL and 10, arc OF
minor Importance