Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-08-28
VOL. "a.
AN ACT
To establish Special Courts in the cities of
Wilmington and Newberu
AN ACT

| ana Newbern.
Tie General assembly Of North Carolina do
enact Sec. l. That an act entitled An Act to
| establish Criminal Court in the county of New
Hanover" ratified on the lIth day of February,
1861 and aa act to establish GO Criminal Court
III :he county of Craven, ratified on the 11th dsv
Of February, 1867, are hereby repealed and Courts
established by those acts are a6oliehed.
Sec 2. That Special Courts shall be established d
IN the cities OF Whining ton and New Berne for the
trial OF mlsdemeanors committed within tho
rOrate limits of said cities.
Sec. 3. A Judge for each Of said Courts shall be
nominated by the Governor, and npon contirma-
ton by the Senate, appointed hold said Courts
Sec Said Judges shall have received licenses
to practice law in the Courts of North Carolins,
and shall reside within the corporate limits of the
Sec. 5. The Court in Wilmington, under tho
regulations herein prescribed, shal have ju-
risdiction of all nisdemeanors committed in The
city of Wilmington which shall be tried il sa
Court in the manner and according to the for"s
prescribed for the trial of like criminal offences IN
the Superior Courts OF this State.
Sec 6. The Court of New BerEe shall, IN like
manner, have jurisdiction of all mlsdemeaDOrs
committed in tie city of New Berne which shall
be tried in said Court according to the provisions
of the preceding section.
Sec T. Immediately after their appointm ent
the Judges of said Courts shall qualify by taking
the oath of Office before some Judge o. the Su-
preme Superior Courts which oaths shall be
subscribed by the Judges taking them and filed
with the Register of Deeds, for the counties of
Craven and New Hanover respectively.
Sec. 8. The said Judges shall hold terms of
their Courts quarterly, on the first Monday in
January, April, July and October, for one week at
each term or longer, If the business of the Court
require it.
Sec. 9 The Clerks OF said Courts together with
the Register Of Deeds for the county, shall, at
least fOurtGen days before each term of said
Court, cause to be drawn from the jury box Cf the
county Ihirty-sx jurors, and the Clerk shall i'm.
mediatelg issue al order to the Sheriff OF the
county to summon the jurors to appear ct the
time and place fixed for the term. Such Jurors
shall be drawn in the manner prescribed by law
for drawing jurors for the Superior COur.s. The
Clerks shall Immediately issue to the respective
Sherifs OF the counties OF Craven and New lam
over orders to summon said jurors to appear at
the terms for which they are drawn. These Jurors
shall be divided into grand and petty jurors is
prescribed for jurors in the Superior Courts, and
shalt be liable TO the same penalties for nOn-at-
tendance, and receive the same pay jurors in
the Superior Courts.
Sec 10. The Clerks of said Courts shall be ap-
pointed by the Judges of said Courts respectiye-
ly. They shall give bond in the sum of two thou
sand dollars payable to the State of North Caro-
lima and conditioned for the performance Of their
duties
Sco. II. 1t shall be the duty Of said Clerks to
keep docket in which shall be Tecorde all the
proceedings of said Courts and proper files OF all
writs, summons, indictments and other papers
roreriy belonging to such cases as may be tried
III SAID Courts, and shall have power, and 1t shall
be his duty, to Issue all writs, snbpUnas, notices.
and obey all iders Of the Courts in regard to pro-
ceedlngs had therein.
Sec II. 1t shall be the duty of the SheritTs of
the counties OF Craven and Now Hanover to give
due attendance upon the said Courts, execute all
processes issuing therefrom, and to obey all orders
thereof in as full and ample manner as is now
required by law from said officers in regard to the
Superior Courts Of this State.
Sec IS. All persons tried in said Courts shall
have the same right Of appea! on tho same terms
given fro II the Superior Courts
Sec. Il. The Solicitors of the Judicial Districts
il which the cities of Wilmington and Newbern
situated shall prosecute for the State. In case
Of the absence of the Solicitor of his inability
to act. the Judge shall appoint Solicitor for
the time being. The fees of the Solicitor shall
be prescribed in like cases in the Superior
Courts
Sec Is. The Judges shall hold their offices for
eight years. The Judge of the Court at Whining
ton shall receive an annual salary OF two thou
sand dollars and the Judge of the Court at New
bern fifteen hundred dollars, each payable quar-
terly and levied by the County Commissioners of
the counties Of Craven and New Hanover respec-
lively.
See &c. The fees Of the Clerk Witnesses and
Sheriff and ALT expenses Of supporting, guard
ing and transporting the accused when the accu-
sed shail be discharged with or without acquittal
trial, insOyent, and the fees oe the Solicitor
also when the accused shall be convicted and in
slIvent, shall be paid by the counties in which
the bill, found res pectiyely and Immediate
ly after such term, the Clerk shall send to the
Commissioners thereof s. list of such fees, which
shall to paid to such Clerk, and by him to the
par, entitled
Sec II. The Judges Of these Courts shall have
ell the power and Jurisdiction in respect TO crimi-
nal complaints within their jurisdiction, and to
Issue Wrts OF habeaS corpus to enforce the atten-
dance of witnesses and to punish for contempt as
Judges Of Superior Courts have, c1ld shall be sub
ject to the like remedies FIR improper conduct
They shall not by reason of their office be barred
from practiciug Attorney in civil cases, but
such Judge shall nowingly accept any fee or
give any counsel or assistance in any civil action
when the subject Of the civil action is substau-
TALLY the same with that of any criminal action
| which has been likely to be prosecuted
pending in his Court ANY Judge violating this
section shall upon conviction, be fined and i'm
prisoaed at the discretion of the Court.
Sec Is. The Judges of the Superior Courts shall
alone have jurisdiction of criminal actions in
| which the Judges of the Special Courts have
personal interest.
Sec 19. The rules OF proceedings in the Spe
cial Courts will be such as prescribed by law
in similar cases.
Sec. 20. This act shall take effect from and af
ter its ratification.
Ratified the 18th day OF August, A. D 9, 1853.