Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-02-15
AN ACT
To Establish a Criminal Court in the
County of New Hanover.

SEC. l. Be II enacted By the General AsSena-
| big Of the State Of NOrth CUOLjsu, and ii is
| here6y enacted Jy the 01hhoriy Of the same,
That Court of Record to be called :" The
Criminal Court of New Hanover county
is hereby established, and the same shall
be held in the City of Wilmington, in the
county of New Hanover.
SEC 2, BE ii further enacted, That the
Court hereby established shall possess all
the powers. perform all the duties and be
subject to all the restrictions OF a Court of
| Record, according to the laws Of this State.
SEC 8 BE it FURTHER enacted That said
| Criminal Court shall have exclusive Origi-
nal jurisdiction to enquire of, hear, try and
determine all crimes, misdemeanors and
offences committed within the county Of
New Hanover. as fully and to the same ex-
tent as the Superior Courts of the State,
and exclusive appellate Jurisdiction of all
offences, tried and determined before a
Justice of the Peace or other Magistrate in
said county, but shall have no Jurisdiction
over criminal causes removed from any
| other county to the county of New Han
| over.
SEC. T. Be 1t further enacted That the
said Criminal Court shall have all the juris-
dictiOn vested III the Superior Courts to try
all crimes and criminal offences original
| Judgment and to award execution therein,
and for the recovery of all fines and forfeit
ures ; and that the process, pleadings, prac-
tice and modes of proceeding shall be the
same in said Court as prevail in the Supe-
riOr Courts IN such cases as aforesaid.
SEC. 5. Be ii further enacted, That APP
peale to the Supreme Court and writs of
error may be prosecuted from the judg
ments of said Criminal Court, in the same
manner as they may be from the Superior
Courts.
SEC. 6. Be it fvriber enacted, That there
shall be one Judge of the said Criminal
Court, to be elected by the General Assem-
bly, and commissioned by the Governor,
who shall receive such salary as may be al
lowed by law to the Judges of the Superior
Courts, to be paid quarterly out Of the
county fund of said county, and the said
Judge shall t-ke the Oaths prescribed for
Judges of the Superior Courts, and he
shall possess the qualifications of Judge
Of the Superior Court, and shall hold his
Office during good behavior unless removed
from office, as in the next section provided.
SEC. 7. Be 1t further enacted, That such
Judge may be removed from Office for the
same causes and in the same manner as a
Judge of the Superior Courts; and all va
cancies in said office shall be filed as in
SEC. s. Be ii further enacted, That the
Judge of said criminal Court shall be con-
servatOr of the peace within said county,
and shall have all the powers of the several
Judges of the Superior Courts of this State,
to hear and determine all criminal cases
arising within the county, and the like
power to issue warrants or preceptS for the
arrest OF criminals anywhere within the
limits of the State ; and to take and certify
the proof and acknowledgment of deeds
and cOnveyances, including the deeds of
fen1es c0Uert, administer Oaths, issue writs
of h05eaS corpus, and hear and determine
the same, in the same manner as the Judges
of the Superior Courts and also to issue
writs of injunction, sequestration and ne
ereW, returnable to the Court of Equity of
the proper county.
SEC. 8. Be ii further enacted, That there
shall be a Solicitor for the said Criminal
Court elected by the Justices of said county,
Tor the term OF four years, who shall re-
celVe the same fees as are now allowed by
law to the Solicitors of the several circuits;
and should any vacancy occur by the
DEATH resignation, removal or the failure
OF the Justices to elect, the Judge shall
nave the power to appoint a Solicitor to act
until the vacancy is filed. The first cleo
ton of such Solicitor shall be at the March
NAH' ACOi, VI tuG COuuty OOul6 VI Sdlu
county; and every four years thereafter,
unless vacancy shall happen from any
cause whatever, in which case the Justices
aforesaid, at any regular term of said
County Court, a majority of said Justices
being present, shall proceed to elect such
Solicitor to supply such vacancy The du-
ties of said Solicitor shall be the same. in
respect to criminal matters, as those pre-
scribed by law for the Solicitors of the sew
eral judicial circuits of this State, and he
shall take a similar oath of Office, and shall
be removable for the same causes. He shall
also perform the duties of County Solicitor
OF said county.
Sec. 10. Be 1t further enacted, That the
Clerk of the Superior Court of New Han
over county, and Sheriff of said county,
shall be the Clerk and Sheriff of the said
criminal Court, and perform all the duties
incident to their several offices required of
them respectively, receive the same fees
and compensation therefor, and they shall
severally enter into bond, with good and
sufficient surety, in the penal sum of ten
thousand dollars, to be approved by the
Judge, payable to the State of North Caro-
lima, for the faithful performance of the du-
ties of their respective Offices; and in case
OF the failure of either to give such bond,
or In case OF vacancy occurring from any
cause whatever, the said Judge shall have |