Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-10-13
The County Courts.

The County Courts.
we publish below, at the request of a member of
the Bar, the bill introduced into the last Legislature
BY Mr.. Houston, of Duplin, to "create Courts of
Common Pleas in the State of North Carolina, and
for other purposes" Many citizens are anxious to
see the County Courts remodelled and reformed,
believing that they can be rendered more useful
than they are at present Without expressing any
opinion Of our own on the subject, we publish Mr..
Houston's bill at the request of the friend referred
to, and will be happy to publish further matter
touching our County Courts and our judicial sys-
tenn generally if it should be desired. 1t is hardly
necessary that we should add that Mr.. Houston, the
author Of the BILL is able lawyer and thoroughly
Informed as to the organization and operations of
our County Courts:
To Create Courts Of Common Pleas in the State of
North Carolina, aud for other Purposes.
Sec. l. Be 1t enacted By the General Assembly, of
the State Of North Carolina and 1t Is here6v enact
ed By the authority Of the same, That on the first
Thursday in August, in the year of our Lord one
thousand eight hundred and fifty-seven, and every
four years thereafter polls shall be opened at the
several precincts and places of election in each and
every county in the State of North Carolina under
the same regulations elections for members of the
General Assembly conducted for the election of
persons of integrity, ability and learning in the law
to be the judges of the courts of pleas for
the county in which they may then reside or for
which they may be elected; each and every county
being required to elect and only one Judge in
manner aforesaid and all persons qualified to vote for
members of the House of Commons, shall be enti.
tied to vote at said election and the person having
the highest number of votes in said election shall be
chosen and the sheriff shall certify or cause the
same to be certified to the Governor who shall COM
mission him accordingly.
Sec 2. Be 1t further enacted, That the person
chosen shall hold his Office for the term of four
years. and until his successor is appointed and quail
fed; and in case of vacancy in said office from
any cause, or disability Of the incumbent, the county
court of the county in which such vacancy may oc.
cur. majority of the justices being present, shall
proceed to elect some person of ability, integrity
and learning in the law, to Mi such vacancy, or to
act until such disability is removed but no per.
son shall be competent to act as judge, perform
any judicial act until he shall have first taken the
oath appointed for the qualification of public Off
GERS, and oath of Office before some judge of the
supreme superior court, or in open court in the
county court of the county in which such vacancy
or disability may happen: Provided, hoseerer That
any person elected under this act may be removed
from Office by impeachment.
Sec. 8. Be 1T further enacted, That there shall be
held in each and every county in the State of North
Carolina, quarterly on the Tuesday next after the
Mondays upon which the several county courts
now held, a court to be named and styled Court
of Common Pleas over which the said judge shall
preside which court may continue its sittngs for 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 county court now
has jurisdiction; and the said judge shall be compe
tent to hold the said term Of said court, and shall
have and take cognizance, and shall have full power
and authority and jurisdiction to hear, try and de-
termne all causes of a civil nature whatever at
common law, where the defendants of them,
reside in his county, when the original jurisdiction
is not by any act of the General Assembly confined
to single magistrate, to the superior court of
law, of all penalties incurred by violation of the
penal statutes of the State, the laws passed by
the Congress of the United States whereby juris-
dicton is given to the courts of the several Staes
of suits for dover, partition of land, filia portions
legaces of dstrbutve shares of estates Of interests
and of all matters relating thereto he shall have
power to try, hear and determine all matters rela-
ting to orphans, idiots and !unatics, and the
agement Of their estates, in like manner as courts
OF chancery exercise jurisdiction, and to the extent
to which county courts now exercise the same; to
try, hear and determine all criminal cases, when
Judgment does not extend to life, limb member;
and all other cases where jurisdiction is given by
law to courts Of pleas and quarter sessions Of this
State: the said judge shall also have, cticio,
within his county, the power and authority of a
justice of the peace, to arrest commit, bind over,
or bail any offender Of the law to the court having
jurisdiction of the offence.
Sec T. Be it further enacted, That he shall have
the power and authority is by law conferred up
on any judge Of the superior court to take the &C
acknowledgement probate of any deed or bill of sale,
or any other instrument which may, by the laws Of
the State be required to be registered he may lake
the privy examination of any teme corert who may
be party to any instrument requiring registration,
in the same way as is now required by law, and the
same by his order shall be admitted to registration
and shall be to all intents valid and Of like force
- bol hofor ;rIr IF tho
supreme court He may, in vacation, grant writs
of recordara acias, loquelam, or false judgement,
to remove any proceedings that may be had before
any justice of the peace of his county, into said
court of common pleas, under the same rules and
regulations now prescribed by law for the
removal of such cases into the superior court He
shall issue commissions to take testimony; shall
| have exclusive power to grant administrations, or
take the probate of wills which he may do in vaca.
ton, twenty days notice having been given in two
or public newspapers Of the State for all per-
sons having interest therein to be present Provid
ed hosceuer, That if objection be made to the pro-
bate of any will, and an issue of deoisavit gel non
be rendered, the same shall stand for trial at the
next succeeding term of the court and have the pre-
| ference over all other causes on the docket. He
shall have the power of appointing guardians, and
shall have exercise and enjoy all the power, authori
ty and jurisdiction, civil and criminal which is now,
or hereafter NAV be, conferred the said court Of
pleas and quarter sessions Except is hereafter re-
served to the county courtsD under the same rules
regulations and usages as now exist.
Sec 5. Be 1t further enacted, That the court Of
pleas and quarter sessions shall hereafter be styled
aCounty Courts" and shall be held by the justices
of the peace in the respective counties, seven al
least being present. and they shall have exclusive
jurisdiction Of the county business: binding out or
phans, and infants of color appointing overseers Of
roads and rivers; of appointing patrols licensing
retailers and pedars; electing wardens of the poor
and experimenting the same; of making and pass
ing all and any orders for payment of witnesses and
jurors, and tails jurors, that said court are now EN-
powered to make and pass or any other that it may
hereafter be empowered by act of Assembly t.