The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-03-25

Sec. q Three Commissioners, shall be appoint- |
d by this conveniionito report to the General /
assembly a. its first session after this constitu-
ion, shall be adopted by the people, rules OF |
raetice and procedure in accordance with the I
rovisions oil the foregoing section. and the con-
ention shall provide ior the commissioners rea-
enable compensation. 1llA .bih p tiflei z ''l
iSec. 3. The same commissioners shall also re- |
'ort to the General Assembly as soon as practi- |
ableya code of law OIL North Carolina The |
ioyernor shall haze power TO I'LL the vacancies
in this Commission, saa u hs! R15
See. 4. The judicial power of the State shall be
rested in acOnrt for the trial of fimpcachments d
suItrior courts, courts Of justices
,fthc Peace and Special C0urts. littD siaia
Sec 5. The Court Ior the trial of impcachments
shall be the Senate II majority of the members
shall be necessary to a quorum, and the Judgment
'hall lliaotsxtend f@yond ycnloral from, and dis
qualification to Mold ofice In this State; but the
party shall be Liable to Indictment and punish
nent according ~ law. ~ sssnGr 9tD-.f l7.}
Sec. q. The House of Representatives solely,
shall have the power OF impeaching. No person
shall be convicted withnnt the concurrence Of
two-thirds OF the Senators present. When the
Governor Is impeached the Chief Justice shall
preside.
Sec. z. Treason against the State shall consist
only in leyying war against it or adhering to its
enemies, giving them aid and comfort. No person
8 all be conricted,of treason unless on the testi
mony of two witnesses to the same overt act, or
on confession in open court. No conviction of
treason or attainder shall work corruption of
blood or forfeiture tAF Gy
Sec. s. The Supreme Court shall consist of a
Chief Justice aud four Associate Justices
See. o. There shall be two terms Of the Su-
prcnie Court, held at the seat of Government OF
the State in each year, commencing on the frat
Monday in January, and first Moniay In june,
and continuing us long as the public interest may
require. -, 1ilE
Sec. TO- The Supreme Court shall have juris-
diction 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 ii
general supervision and control OF the inferior
courts. ls,E-t- ts i. VI
Sec IL. The Supreme Court shall have origi-
nal Jurisdiction to hear claims against the State,
but its decisions shall be merely Recommended
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. L. The state shall be divided into twelve
judicial districts, for each OF which Judge shall
be chosen, who shall hold aSuperior Court in
each countyin said District, at least twice in each
year, to continue for two weeks, unless the busi-
ness shall be sooner disposed Of e
Sec. Is. Until altered by law, the following
shall be the Judicial Districts. i5-
First Observation-Disclosures, Camden, Pasquo-
tank, Perquimans, Chowan, Gates, Hertford,
Berthe. aa 1'4lf
Second District.-Tyrrell, Hyde, Washington,
Beaufort, Martin, Pitt, Edgecombe.
Third District--Craven, Carterct, Jones, Ons-
low, Greene, Lenoir, Wayne, Wilson.
Fourth District.-Brunswick, NewHanover,
Dupiin, Columbus, Bladen, Sampson, Robeson.
Fifth Dstrict-Cuniberland Harnett, Moore.
Richmond, Anson, Montgomery, Stanly, Union.
Sixth strict.-Northam Warren, Halt
Co. uT,l-o
I. Seventh District-Person, Orange, Olathani,
Randolph, Guilford, Alalnancc, Casweil, Rock
ingham, p.
Eighth District-stokes, Forsythe Davidson,
Rowan; Dayie, gadkin, sutry, rs -.
lenhurg, Lincoln CASTOR, Cleveland, Rutherford,
Polk. 49, i.y''a-Af r.i" ~
Tenth District.-Iredel. Burke Caldwell,
Wilkes. Alexander, Mcdowell.
Eleventh District-Aleghany Ashc, Wataugn,
Mitchell. Yancey, Madison, Buncombe.- lf;s.-
Twelfth District-Henderson Pennsylvania,
See. IA. Every judge of Superior Court shall
reside in his District while holding his Office
The Judges may exchange districts with each
other with the consent OF The Governor, and
the Governor for good reasons which he shall
report to the Legislature ut its current or
next session, may require any judge to hold one
or more specified terms of said courts in lieu oi
the Judge in whose district they are. @
Sec. 10. The Superior Courts shall have exclu
sve original jurisdiction Of all civil actions
whereof exclusive original Jurisdiction is moi
given to some other Courts and of all criminal
actions, in which the punishment may exceed .
tine'of fifty dollars or imprisonment ior on,
month ;ll4- ..s.l ...,5 ls
Sec. l6 The superior courts shall have appel
late jurisdiction of all issues of law TACT, deter
mined by Probate Judge or q Justice of tn,
Peace, where the matter in controversy exceeds
twenty five dollars, and of matters of law In al
cases W 'N
Sec IL The clerks of the superior courts shal
have jurisdiction of the probate of deeds, tn
granting of letters testamentary and of admins
tration, the appointment of guardians, the ap
prenticing of orphans, to audit the accounts 0
executors, administrators and guardians, and O
such other matters as shall be prescribed by law
All issues of fact Joined before them shall b
transferred TO the Superio- Courts for trial. All,
appeals shall lie to the superior courts from
their judgments in all matters of law.
Sec IS. In all issues of fact. Joined in an
court, the parties may waive the right to hav
the same determined by jury, in which case tn
finding of the Judge upon the fact, shall hay
the force and effect of verdict of jury.
Sec. 10. The General Assembly shall proyid
for the establishment of Special Courts, for tn
trial of misdemeanors in cities and towns, wher
the same may be necessary.
Sec. TO- The Clerk of the Supreme Court fha
disappointed by the Court, and shall hold his offic
for eight years. NE -iL
Sec 81 A Clerk of the Superior Court fo
each County, shall be elected by the qualitie
| voters thereof, at the time and in the mannt
| prescribed by law, for the election ofmcmbers
| the General Assembly
| See. o. Clerks of the Superior Courts shall hol
their offices for Tour years.
See. 23. The General Assembly shall present.
and regulate the tees, salaries and cmoiumen NJ
ofall officers provided for in this Article; but tn
! salaries of the Judges shall not be diminishc
| during their continuance in Office.
| Sec "a. The laws OF North Carolina, not r
I pugnant to this Constitution, or to the Const
| tuition and laws of the United States, shall he
! iorce until lawfully altered. ~
See. 25. Actions at law, and suits in equit
| pending when this Constitution shall 90 into {
| feet, shall be tranferred to the Courts havir
J Jurisdiction thereof, without prejudice by rcasc
| of the change, and all such actions and suit
] commenced before, and pending at the adoptit
/ by the General Assembly, Of the rules of pra
tice and procedure herein provided for, sli
be heard aud determined, according 10 the prc
I tce now in use, unless otherwise provided 4
4 BY said rules - rs, -- -l.y -
Sec. 26 The Justices of the Supreme Cou
shall be elected by the qualified voters Of d
State, rs is provided for the election Of membc
of the General Assembly: They shall hold tho
offices for eight years. The Judges of the SUP
/ rior Courts shall be elected in like manner, al
shall hold their Offices for eight years; but Z
Judges of the Superior Courts elected at the fl
election under ths Constitution, shall, after :h'
election, under the superintendent OF the ~
tees of the Supreme Court, be dirided by
into two eCual classes, one of which shall he
Office for four years, the other for eight ycars.
Sec. 81 The General Assembly may provide
law that the Judges of the Superior Ccnrts.
stead OF being elected by the voters Of the whit
State, as is herein provided for, slsall be elect
by the voters OF their respective districts,
I Sec. 2S. The Superior Coisfts shall be, nc
times, open for the transaction Of all busin
within their jurisdiction. except the trial Of issl
oil fact reoJiring a jury.
Sec 20 A solicitor shall be elected for es
judiciel district by the qualified voters thereof