The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-04-08
ARTICLE Nv.
JUDICIAL DEPARTMENT.

AhIlCLH Nv.
n L..i.,. JUDICIAL DEPARTMENT.. -lg,.
Section /. The distinction between actions ct
law and suits in equity, and the forms of all such
actions and suits shall be abolished, and there
shall be In this State but one form Of action for
the enforcement or protection of private rights
or the redress ofprivate wrongs which shall be
denominated civil action and every action
prosecuted By the people Of the State as q party,
against aperson charged with public offence, for
the punishment Of the same, shall be termed q
criminal action. Fegned issues shall also be
abolished and the fact at issue tried by order OF
court before ajury.
Sec. g. Three Commissioners, shall be appoint
ed by this convention to report to the General
Assembly at its first session after this constitu-
ton shall be adopted by the people, rules of
practice and procedure in accordance with the
provisions OF the foregoing section. and the con-
vention shall provide for the Commissioners
sonable compensation.
Sec. 3. The same commissioners shall also re-
port to the General Assembly as soon as practi
cable, code of law OF North Carolina. The
Governor shall have power TO I'LL the vacancies
occurring in this Commission.
Sec. 4. The judicial power of the State shall be
vested in a court for the trial of impeachments a
Supreme court, Superior courts, courts ofjustices
of the Peace and Special Courts.
Sec 8. The Court ior the trial of impcachments
shall be the Senate; Il majority of the members
shall be necessary to quorum, and the Judgment
shall not extend beyond removal from, and dis
qualification to hold Office in this State; but the
party shall be liable to indictment and punish
ment according to law. 4 .
Sec. .. The House of Representatives solely,
shall have the power of impeaching. No person
shall be convicted without the concurrence of
two-thirds OF the Senators present. When the
Governor is impeached the Chief Justice shall
preside ...
Sec. T. Treason against the State shall consist
only in levying war against it or adhering to its
enemies, giving them aid and comfort. No person
shall be convicted of treason unless on the testi-
mOny of two witnesses to the same overt act, or
on confession in open court. No conviction of
blood or forfeiture -. .s.-.
Sec. g. The Supreme Court shall consist Of
Chief Justice and four Associate Justices. b.
See. 9. There shall be two terms of the Su-
preme Court held at the seat of Government Of
the State in each year, commencing on the first
Monday in January, and first Monday in June,
and continuing as long as the public interest may
require.
Sec TO- The Supreme Court shall have juris-
dction to review, upon appeal, any decision Of
the courts below, upon any matter OF law or legal
inference but no issue of fact shall be tried be-
fore this court; and the court shall have power
to issue any remedial writs necessary, to give 1t
general supervision and control OF the Inferior
courts ... t.,
Sec. II. The Supreme Court shall have origi-
nal jurisdiction to hear claims against the State,
but its decisions shall be merely recommenda-
tory: no process in the nature OF execution, shall
issue thereon they shall be reported to the next
session of the General Assembly for its action
Sec. IL. The State shall be divided into twelve
judicial districts, for each OF which Judge shall
be chosen, who shall hold aSuperor Court in
each county in said District at least twice in each
year, to continue for two weeks, unless the busi-
ness shall be sooner disposed Of
Sec. 49, Until altered by law. the following
shall be the Judicial Districts.
First District.-Currituck, Camden, Pasquo
tank, Perquimans, Chowan, Gates, Hertford,
Berthe. f- . .--
Second District.-Tyrrell, Hyde, Washington,
Beaufort, Martin, Pitt, Edgecombe.
Third District-Craven, Carterct, Jones, Ons-
low, Greene, Lenoir, Wayne, Wilson. 9-f
Fourth District. New-Hanover,
Duplin, Columbus, Badcn, Sampson, Robeson.
Fifth District Cumberland, Harnett, Moore,
Sixth Disirict.-Northampton Warren, Hall
fax, Wake, Nash, Franklin, Johnston, Granville.
Seventh Dstrict.-Person, Orange, Chatham,
Randolph, Guilford, Alamance, Caswell, Rock
Eighth District-stokes, Forsythe Davidson,
Rowan, Davie, Yadkin, Surry.
Ninth District-Catawba, Cabarrus, Meek
lenburg, Lincoln Castor, Cleveland, Rutherford,
Polk.
Tenth District. .-Ircdell, Burke, Caldwell,
wilkes, Alexander, McDOWel.
Eleventh District--Alleghany, Ashc, Watauga,
Mitchell, Yancey, Madison, Bnncombe.
Twelfth District-Henderson, Transylvania,
Haywood, Macon, jackson, Clay, Cherokee.
Sec IA. Every judge Of Superior Court shall
reside in his District while holding bis Office
The Judges may exchange districts with each
other with the consent OF the Governor, and
the Governor for good reasons which Inc shall
report to the Legislature at its current or
next session, may require any judge to hold one
or more specified terms OF said courts In lieu of
the Judge in whose district they are. 7IU
Sec, Is. The Superior Courts shall have exclu-
sive original Jurisdiction of all civil actions,
whereof exclusive original jurisdiction is not
given to some other Courts and of all criminal
actions, in which the punishment may exceed a
fine of fifty dollars or Imprisonment for one
month. ,-ItH-
Sec. l6. The superior courts shall have appel
late Jurisdiction Of all issues of law or fact deter
mined by Probate Judge or Justice of the
Peace, where the matter in controversy exceeds
twenty-five dollars, and Of matters OF law in all
eases. .-..-.-..5 ~, e. ....... ID ...,. D.,
Sec. II. The clerks Of the superior courts shall
have Jurisdiction of the probate Of deeds, the
granting of letters testamentary and OF admins
tratiOIs the appointment of guardians. the ap-
prenticing of orphans, to audit the accounts of
executors, administrators and guardians, and of
such other matters as shall be prescribed by law.
All issues of fact Joined before them shall be
appeals shall lie to the superior courts from
their judgments in all matters of law.
Sec 18. In all issues of fact Joined In any
court, the parties may waive the right to have
the same determined by jury, in which case the
finding of the Judge upon the fact, shall have
the force and effect of verdict of a jury. j.
Sec. 10. The General Assembly shall provide
for the establishment Of Special Courts, for the
trial of misdemean0rs, in cities and towns, where
the same may be necessary. n
Sec. 20. The Clerk Of the Supreme Court shall
beapp0uted BY the Court and shall hold his ONCE
for eight years. 700
Sec. 81. A Clerk of the Superior Court for
each County, shall be elected by the qualified
voters thereof, at the time and In the manner
prescribed by law, for the election OF mcmbcrs Of
the General Assembly. .rr. l-..r.. all
Sec. q. Clerks ofthe Superior Courts shall hold
their offices for foar years. $50.
Scc 3d. The General Assembly shall prescribe
and regulate the tees, salaries, and cmOluments
of all officers provided for in this Article; but the
salaries of the Judges shall not be diminished
during their continuance In Office
Sec a The laws OF North Caroline, not re-
pugnant to this Constitution, or to tho Cousti-
tuition and laws Of the United States, shall he In
force until lawfully altered. la!taef .a
Sec. 35. Actions Mt law, and suits in equity,
pending when this Constitution shall 20 into ef-
feet, shall be trapferred to the Courts having
Jurisdiction thereof, withoas prejudice by reason
ofthe change, and al sseh actions and suits,
commenced before, and peRdtng at. the adoption
by the General Assembly, Of tho rules Of prac-
tice and pfoceedNre herein provided for, shall
he heard and determined, according to the prac-
tice now in use, unless otherwise provided Tor
by said rules. 9t.lt-a TA,b hrat
See g. The Justices of thel Supreme Court
shall be elected by the qualified voters OF the
State, as is provided for the election Of members
Al TI~-.. hall 1.<ll &lx..-