The tri-weekly standard., 1867-01-08
RALEIGH, N. c., TUESDAY

this act, and from time to time revise and alter
such rules. 1t may also determine by rule what
motions shall be heard at special term, as non
enumerated motions and what motions shall be
heard at general term in the first instance.
Sec. 2. And be it further enacted, That all
issues OF fact trable by a jury or by the court
shall be tried before a single Justice; when the
trial is by jury, at circuit court; and when the
trial is without jury, ct circuit court or special
term Issues of law may be tried at circuit
and at least ten days before the sitting of the
court, either party may give notide of trial The
party giving the notice Shall furnish the clerk, at
least four days before the sitting of the court,
with note of the issue, containing the title of
the action, the names of the attorneys, and the
time when the last pleading was served; and the
clerk shall thereupon enter the cause upon q
calendar, according to the date of the issue.
See 3. And be it further enacted, That if, up
on the trial of cause. an exception be taken, it
may bh reduced to Writing at the time, or it may
be entered on the minutes of the justice, and at
terwards settled in such manner may be pro
vided by the rulee of the court, and then stated in
writing III case or bill OF exceptions, with so
much of the evidence as may be material to the
questions to be raised, but such case or bill of
exceptions need not be scaled or signed. The
justice who tries the may, in his discretion,
entertain motion, to be made on his minutes.
to set aside verdict and grant new trial upon
exceptions, for insufficient evidence or for eX-
cessive damages: Provided, That such motion
be made at the same term or ell cult at which the
trial was had. When such motion is made and
heard upon the minutes, an appeal to the general
term may be taken from the decision, in which
bill of exceptions or case shall be settled in
the usual manner
Sec. 9. And be it further enacted, That mo-
ton for new trial on or bill of exceptions,
and an application for Judgment on special
verdict or a verdict taken subject to the opinion
of the court, shall be heard i'll the first instance
at general term.
Sec. 10. And be it further enacted, That writs
and process issued out of the court hereby or
ganiZed may be tested in the name of any justice
of Sald court.
See. IL. And be it further enacted, That any
final Judgment, order, or decree of said court may
be rceXamincd and reversed or aff1rmcdi in the su-
preme court of the United States, upon writ of
appeal, in the same cases and i'll like
manner as is now provided by law in reference to
the final judgments, ORDERS and DEGREES of the
circuit court of the United States for the District
of Columbia.
Sec 12 And be it further enacted, That ap-
peals may be made from the Judgments of Justices
of the peace to the court hereby organized i'll like
manner and in the same cases in which such ap-
peals are now allowed to the circuit court OF the
United States for the District of Columbia Such
appeals shall be heard and decided at special
term.
Sec 13. And be it further enacted, That all
suits and proceedings which, at the time this act
takes effect shall be pending in any of the courts
hereby abolished shall be transferred to the courts
to be established under the provisions of this act,
and may be prosecuted therein with the same
effect as they might have been in the court in
which the same We're commenced. Process issued
out of any of said courts shall also be returned TO
the court hereby established.
Sec II. And be it further enacted That juatices
of the peace may be removed by the court to be
organized under the provisions of this act at a
general term, after due notice, and an opportunity
TO be heard in their defence, and for to be
assigned in the order of removal.
See. Is. And be it further enacted, That the
justices TO be appointed by virtue of this act shall
receive an annual salary of three thousand dol
lars, to be paid quarterly at the treasury OF the
United States.
Sec. l6. And be it further enacted, That the
circuit court district court, and criminal court of
the District of Columbia hereby abolished
All laws and parts of laws relating to said courts,
so far the same are applicable to the courts
created by this act, are hereby continued i'll force
in respect to such courts, and all other laws and
parts of laws relating to said circuit district, and
criminal courts, repealed.
See. II. And be it further enacted, That the
President of the United States be, and he ii here
hy, authorized and empowered to appoint, by and
with the advice and consent of the Senate, suit
able person, learned in the law, to revise and
codify the laws of the District of Columbia.
Sec. 1S. And be it further enacted, That the
person who shall be thus appointed shall receive
ten dollars per day for his services whilst SO en-
ployed, and shall render final report of his re-
vision and coditication to Congress on or before
the tirSt day of January next.
Approved, March 3, 1863.