Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-15
full power to appoint other persons to fill

Stlu Offices.
Sec. II. Be 1t further enacted, That it shall
be the duty of the Justices of the county of
New Hanover to provide for the payment
of the salary of the Judge Of said Court,
and the fees and compensation of the Clerk
, of said Court, and Sheriff, and the pay of
jurors and witnesses, and all other expen-
ses incident to said Court and for these
purposes the said Justices shall lay suffi-
cient taxes on all subjects of taxation. in
which by law they may be authorized to
levy and assess taxes for county purposes
, SEC II. Be 1t further enacted, That the
) Clerk shall procure and keep Seal of said
Court, and such devices as shall be prescri-
bed by the Court.
SEC - Be it further enacted, That there
shall be six terms of the said Criminal
Court in each year, held in the Court
House in New Hanover, on the first Mon
days in February, April, June, August, Oc-
tober and December, and said Court shah
continue its sessions so long as there may
remain business on it's docket undisposed
of, and the Judge of said Court shall have
power to hold special terms of said Court
whenever it shall seem to him necessary to
orderthe same, of which order fourteen days
public notice shall be given, and at such
special terms, he may make all orders, and
do any and every thing which he can do at
theregularterms; and!when chspecial term
are SO ordered all process Ieturnable to the
next regular term shall be deemed returna-
BILE to such special terra, and all recogni-
zances, bonds, obligations and summonses
taken for the appearance Of defendants and
witnesses to said regular term shall be bind
ling upon said parties for their appear
ance at the special term aforesaid.
SEC. Il. BE it further enacted, That i'll all
cases of change of venue from the Crimi-
nal Court CT New Hanover county, APP
piled for on account Of the interest, pre-
Ijudice or relationship of the Judge of said
Court, OF on account of any other legal
objection to said Judge, the cause shall
not be sent to a different county for trial,
but the Judge may order it to be transfer
red to the Superior Court of said county !;
but any party desiring a change of venue
from said Criminal Court Oh account Of
any other cause, may, upon application to
the Judge, obtain removal OF the same to
another county, under such rules and for
such causes as are prescribed oy law for the
removal of criminal cases from one county
to another.
SEC. Is. Be it ft0tter enacted, That if the
Judge of the said Criminal Court shall fail to
attend to hold a Court on the day designa-
ted for q regular or special term, it shall be
the duty of the Clerk to open and adjourn
the Court for the two first days of the term,
and if the Judge shall not attend by o.
clock on the second day of sad term, the
Court shall be adjourned by the Clerk till
! the next Court in course, and all the recOg
nlzances, bonds, obligations, process and
other proceedings, returned or returnable
| to said term, shall be of the same force and
effect and shall be proceeded IN, as though
the same were returnable to such next reg
ular terms as is now provided in such ca
ses in the Superior Courts, and shall be re-
turnable as in such cases provided in said
| Courts
SEC 49, Be it further enacted, That the
Sheriff Of New Hanover county, and the
Clerk of said Criminal Court, in the pres
ence of and assisted by three Justices Of
the county shall, during the terms of the
said Criminal Court, draw the Jurors for
| the next succeeding term of the said Court,
in the same manner as juries are now fur
nished to the Superior Courts, and the jul
rors and witnesses, who shall attend said
| Courts shall be entitled to the same COM
pensation and be subjected to the same
rules and regulations, possess the same
qualifications as are provided by law in
regard to Jurors nd witnesses IN the Su
| perior Courts, and that there may not be a
defect of jurors, the Sheriff. by order of the
| Court, shall summon from day to day, of the
| bystanders other jurors, being freehold
ers within the county, to serve on the pc
tit jury ard such tales jurors shall be en-
titled to the same compensation, and be
subject to the same rules and regulations,
and possess the same qualifications are
prescribed by law for tales jurors and in
the event there shall be failure to draw
jurors as before provided, or whenever a
special term of said Court shall be ordered,
the Sheriff and the Clerk of said colrt, in
the presence of and assisted by three us
tees of said county, shall draw the jurors for
said court N the manner ABOVE prescribed
SEC. II. Be 1t further enacted, That it
shall be the duty of said Superior and Coun-
ty Courts of said county, at the first terms
thereof held after the ratification of this
Act, to transfer and remove, by proper ex-
emplitcations of the record, all criminal
causes and all proceedings by scire ft1claS
against defaulting defendants and witnesses |
summoned therein, or their securities, pend |
ing in said courtsto thessaid Criminal Court; |
and the said Superior and County Courts
shall recognize as we'll the witnesses as the |
defendants in the causes and proceedings |
aforesaid, to appear at the next term OF the |
said Criminal Court. And the said Grimm
al Court shall have Jurisdiction to orr ginate
proceedings by Scire .facias against default
ing defendants and witnesses summoned in
said causes, or their sureties where the de-
fault occurred before the transfer and reno
val of said causes, and no proceedings
therein were pending in said Superior or
County Coults, in the same manner as if the
said default had occurred in the said Grim
inal Court.
SEC. Is. Be ii further enacted, That the
Judge of said Criminal Court shall reside
in the County of New Hanover, and shall
not practice an attorney or solicitor IN
any of the Courts of the State of North
Carolina
SEC 10. Be 1t further enacted, That the
said Criminal Court shall hold its first term
on the first Monday of April next, and it
shall be the duty of the County Court of
said County, at the March term, 1867, to
draw thirty-six jurors, to serve as such at
the first term of said Criminal Court, under
the same rules and regulations now PIE
scribed by law fer drawing jurors for the
Superior Courts.
SEC. 20. Be 1t farther enacted, That at
torneys licensed to practice in the Courts
of Pleas and Quarter Sessions of this State,
shall have the privilege of practising in the
said Criminal Court.
ID o5,<J 41,1c