Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-09-12

ed to Daniel Shaw, Esq, one of the Commoners from
this county passed both houses yesterday with three
addonaisectons which had not been printed and which
Mr. s had no time to copy before the mail closed =
BILL to charge the Jurisdiction of the Courts and the
Rules of Pleading therein.
SEcTioE l. he It enacted by the General Assembly Of the
Stdte o. AoTh Carolina and IS hereby enacted bg the
Law SHAH have exclusive original jurisdiction to hear try
and determine all causes of civil nature whatever st the
common law, which may require the Intervention of jury
State. F - '-
SIC 3 Be further enacted That there shall be but one
term Of the said Superior Courts Law open and held in
each the counties Of the State in each year which shall
be holden at the times and places required by law
holding the Fall terms of said and all laws requiring
the holding Of the Spring Terms of said courts hereby
repealed.
SEC g. Be it further enacted That in all actions brought
the said Superior Courts of Law the defendant de-
shall not be compelled to plead thereto for twelve
SEC. Be fuher enacted Thatn all cases where suits
have already been brought, and pending any of
the Superior Courts Law it shall be the duty of said
Court and it is hereby required give the defendant
Pendants further time for trial until the Fall Term
when the shall stand for trial other suits and in M
suits which have been heretofore brought reurnabe
to The Fall term of 1861 the defendant defendants shall
rot be compelled to plead thereto for twelve months.
SEC. o. Be 1t further enacted, That the Courts of Pleas
and Quarter Sessions Of the several counties shall have u
rsdicuon of any civil criminal in which the inter
venon of jury may be necessary and shall be the duty
of the clerks Of the said Courts to make up record in all
civil and Criminal cases pending in the said Courts of
Pleas and Quarter Sessions and file the together with
of Law before the Fall the Superior Courts
of Law in their respective countless and shall be the duty
of the clerks of the Superior Court Of Law the said
cases upon their appearance docket ard the Shall
stand for trial at the said term Of the sad Superior Court
other
SEC G. Be 1t further enacted That in all cases in which
have heretofore teen taken in either the Superior
or County Courts and upon which executions have issued
it shall be tie duty of tie Sheriff officer whose
HANDS such executions have been placed collection
endorse levy the property of the defendant de-
PENDANTS sufficient to satisfy the same, such
cuona without making sale; and upon return it shall be
the duty OF the clerk TO Issue Ucnd erp0ndS eTe
dcias at the election of the plaintiff returnable TO that
term OF the succeeding Court which held twelve months
from the test of such uend0n erponGs @ fdciaS, and
that all alias executions upon judgments aken
shall be returnable in like manner.
SEC T. BE 1t further enacted That cGpias dd satS-
tactendn shall issue from of the courts from any
justice of the peace upon any judgment existing up
the said courts, or before any justice of the peace.
SEC. 8. Be further enacted That hereafter all civil
rants issued by justices of the peace shall
bic for trial twelve months after the issuing such
warrant and no. before and justice Of the peace shsl
have power jurisdiction try any such before
the expiration of the twelve months rom the issuing of the
same and upon the trial of any such warrant either party
may appeal from he Judgment the succeeding Fall
term the Superior Court of the county where the
tried, by giving security as is now provided by law in
defendant or defendants make oath that he they
are unable to give security for the amount Of the
the appeal without security and return the paper with
such affidavit the Fail of the Superior
said county when the defendant shall enter his plea, and
the stall be continued staad for trial until
tie next succeeding Fail term Of said court.
officer shall violate any Of the provisions Of this he
shall forfeit the hundred dollars recovered
b. suing for the in the of She State,
and shall also be subject ndctmen and upon conVic-
ton shall be fined or imprisoned at the discretion Of the
cO1rt
SEC 10. Be further enacted, That all deeds of trust and
mortgages hereafter made ard judgments confessed to
cure debts sha be void as to credits unless it is express
declared therein that the proceeds of sale Hereunder
shall be appropriated to the payment Of all the debts and
liabilities If the trustee morgagor, equally pro raia
SEC H. re 1t f,rthe enacied That there Shall be but
one Term OF the supreme Court OF the State which shall
&c held IL the city If Raleigh at the usual time for holding
Winter Of same CONT to be held, hereby repealed
and the judges of the said equiredto hold the
Winter Term thereof.
SEC. Il Be further enacted That the Morganton Term
of the Supreme Court is hereby abolished, and the
judges not require to hold the term of the said court
MorGanton and shall be the duty of the clerk of the
said all the Of the the city
Of Raleigh and file them there in Tie office of the clerk
the supeme Court and it shall be the duty of the clerk
the Supreme Court at Raleigh take charge of such
records and furnish copies thereof when required in the
manner oooies OF records furnished from the
= records Of the Supreme Court at Raleigh
upreme ou at Mo Canton shall expose to sale the libra
r. Horganon public auction, to the highest bidder
for cash. and pay the proceeds into the public treasury
after repayrg the amount advanced by members of the bal
in its purchases proUided further that members of th
bar who have placed books said library shall be per
mitted TO withdraw them before sale is made.
g From the Lon on John Bull"
Another English Opinion.
! The great battle at Nanassa junction is likely to b.
memorable event in Transatlantic chronicles athoug
it rather belongs to the comic than to tbs tragic side
history. While however it is difficult to restrain one
U
- the panic stricken and screaming mob which Mr.. Rus
" sell encountered in the pe-mell fight for Washington
~ we bound to remark that this army Of clv
- ans. AS to the results Of the battle, can only re
oice that the Northeruers, engaged they to
to be, n of aggressive conquest, have so sig
naly mscarried at the very outset OF their Invasion
1t was incumbent them, before they drew the swor
~ against men Of their and speaking their ow
language, (such as it is to show distinctly that thos
~ N not entitled by the terms of the Consttutio
~ TO do as they had done. So far they from bejn
able to do this that wherever the documents of the Cor
sttuton have spoken at ALL they tend to show that
~ State is still sovereign State and such entitled
~ withdraw from the Federation whenever it shall thin
- that the understanding on which that Federat0
~ was founded has not been duly kept in view. Br
even had the Constitution been explicitly in favor
- the States which claim to the Others so ratrc
% da would still not havebeen ustifabe unless th
~ Northern States were prepared 10 show that they pc
the Of retaining their conquest when eecte
But they can only hold the South by the creation of
great military caste which, ift called into eXsenc
- would soon hold the North toO after fashion quite
consistent with their present Institutions The Mort
however, have little chance of endangerng their freedo
~ and easiness By the creation of such military CASTE
~ Certainly they have not yet gone the right way
do it. It is plain that the taors and diapers Of Ne
20 York and Boston are match for the Texan range
M and the brown fOresers from the banks OF the Miss
on sipp" such Mr.. Dickens encountered on board
steamboat, and whom be remarked to be an object
Difference even 10 those days Finding eaters to sta
thus let US hope that President Lincoln and his advise
'' will make virtue of cssity that the beigeEet
will sheath their swords and set their newspapers
a., abuse each other. We know what American j0urh;
tn can do IN that field.
led -----------------
to Position O Forces In the West.
We have late Intelligence from army in Weste
Virginia, giving the position of its several division
which every day grows more critical.