Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-10-22
From the Raleigh Standard.

FROM the Ralelgn Standard.
The County Courts.
We publish below at the request OF member of the
Ear the bill introduced into the last Legislature by MI
Houston of Dupn 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
modelled and reformed believing that they be rem
dered more useful than they at present. Without
expressing any opinion of the subject, we
publish Mr. Houstons bill at the request of the friend
referred to- and will be happy to publish further matter
touching County Courts and our judicial system
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 County Courts
A BILL
To Create Courts of Common Pleas IN the State of
North Carolina, and for other Purposes.
Sec. l. Be 1t enacted by the General Assembly of the
State Of North Carolina and at IS hereby enacted by the
atahoratu of the same That on the first Thursday in
August in the year of our Lord one thousand eight
hundred and yseven, 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 regulations as 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 for
which they may be elected each and every county be-
ing so required to elect one and only judge in man.
aforesaid and all persons qualified to vote for
bers of the House of Commons shall be entitled to vote
at said election and the person having the highest num-
Der of votes said election shall be chosen and the sheriff
shall certify the to be certified to the
Governor, who shall commission him accordingly.
SEC 2 Be further eaacted That the person SO cho-
shall bold his Office for the term OF four years, and
until his is appointed and qualified and in
case Of vacancy in said Office from any cause disa-
biy of the incumbent the county court OF the county
Ill which such vacancy may occur, ma ority of the
justices being present. shall proceed to elect some per-
Df into aI1HI Tho l.ur tOH
such vacancy, to act until such disability removed;
but person shall be competent to act judge per-
form any judicial act until he shall have first taken the
oath appointed for the qualification of public officers
and oath of office before Judge of the supreme
superior court In open court in the county court
of the county i'll which such vacancy disability may
happen ProUidcCl however, That any person elected
under this act may be removed from Office by mpeach-
ment
SEC. 3. Be it further enacted, That there shall be
held in each and every county in the State of North
Carolina, quarterly the Tuesday next after the Mon
days 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 stngs for ten days. if the bus
mess of the court require it and which shall have cog
nzance of all actions and pleas, civil and criminal Of
which the county court has jurisdiction and the
said Judge shall be competent to hold the said term Of
said court and shall have and take cognzance, and shall
have full power and authority and jurisdiction to hear
try and determine all of civil nature whatever
at common law, where the defendants or 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 or the laws passed by the Congress of the
United States, whereby jurisdiction is given to the
courts of the several States of suits for DOVER partition
of land, a portions egaces, of distrbutive shares Of
Estates of interests and of all matters relating thereto
he shall have power to try hear and determine all mat
tiers relating to orphans, idiots and unatcs and the
management of their Estates like courts of
chancery exercise Jurisdiction, and to the extent to
WHICH county courts exercise the same ; to try,
hear and determine all criminal cases, when Judgment
does not extend to life, limb member and all other
where jurisdiction is given by law to of
pleas and quarter sessions of this State the said Judge
shall also have ocio, within his county, the power
and authority of justice of the peace to arrest,
nit, bind bail any offender of the law to the
court having jurisdiction of the offence.
SEC 4. Be further enacted, That he shall have the
power and authority is 10y law conferred upon any
Judge of the superior court to take the acknowledgment
probate of any deed bill of sale, any other in
strument which may by the laws OF the State, be
quired to be registered he may take the privy eXam
nation of any tee covert who may be party to any III
strument requiring registration, in the way is
now required by law and the same by his order shall
be admitted to registration, and shall be to all ntents
valid, and of like force if it had been taken before
Judge of the superior supreme court. He may,
cation grant WrltS OF YeCOTdGr fGCiGS iOQueldnl,
false Judgment, to any proceedings that may be
had before any justice of the peace of his county, into
said court OF common pleas, under the rules and
regulations prescribed by law for the removal
of such into the superior court. He shall issue
commissions to take testimony shall have exclusive
power to grant administrations take the probate of
wills which he may do in vacation, twenty days notice
having been given in two public newspapers of
the State, for all persons having interest therein to be
present Provided however, That if objection be made
to the probate of any will, and all issue of derSauu gel
non be rendered, the shall stand for trial at the
next succeeding term of the court and have the prefer
ence over all other the docket He shall have
the power OF appointing guardians, and shall have ex-
crcse and enjoy all the power authority and jurisdictions
civil and criminal, which is now or hereafter may be-
conferred the said court of pleas and quarter sessions
Except is hereafter reserved to the county courts
under the same rules regulations and usagcs eX-
| list.
SEC. ). Be further enacted That the court of pleas
and quarter sessions shall hereafter be styled County
Courts and shall be held by the Justices of the pace
in the respective counties at least being present.
and they shall have exclusive jurisdiction of the county
business binding out orphans, and infants of color
appointing overseers of roads and rivers of appointing
patrols licensing retailers and pedlars eecting Yard
of the poor and experimenting the same of making
and passing all and any orders for payment Of witnesses
and jurors and tails jurors that said court are now en-
powered to make and pass other that may hereafter
beempowered by Acto Assembly to make and pass also
toappOnt financial committee and superintend the same
now required by law to do and also to levy taxes,
but in all cases where taxes levied Or any act done
in relation to finance the financial committee major
ity of the justices of the county must be present The
said court IN the several counties of the State shall sit
on the same Mondays Or other days now fixed by law
for the sitting of the courts of pleas and quarter ses-
slons, and shall continue IN session day. The said
justices shall elect chairman who shall preside over
tI,oIpH doll oy,1if hvo.