The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-03-24
ARTICLE w.
JUDICIAL DEPARTMENT.


JUDICIAL DEPARTMENT.
Sec. L. The distinction between actions at law and
suits i'll equity and the forms of all such actions and
suits shall be abolished and there shall be in this State
but form of action for the enforcement protection
of private rights the redress of private wrongs which
shall be denominated cive action and every action
prosecuted by the people of the State party against
person charged with public offence, for the punish
ment of the same, shall be termed criminal action
Fegned issues shall also be abolished and the fact at
issue tried by order of court before jury.
Sec. =. Three Commissioners, shall be appointed by
this convention to report to the General Assembly at
its first session after this constitution shall be adopted
by the people, rules OF practice and procedure in
cordance with the provisions of the foregoing section
and the convention shall provide for the Commissioners
reasonable compensation.
Sec. j. The same commissioners shall also report to
the General Assembly practicable. code of
OF law OF North Carolina. The Governor shall have
power to fill the vacancies occurring in this commission
Sec. a. The Judicial power of the State shall be YES
ted IN court tor the trial of impeachments Supreme
court Superior courts justices OF the Peace and
special Courts.
Sec s. The Court for the trial of empeachments shall
be the senate; majority of the members shall be
beyond removal from and disqualification to hold office
in this State but the party shall be liable to Indictment
and punishment according to law.
Sec. 8. The House OF Representatives solely. shall
have the power OF impeachng Noperson shall be con-
vieted without the concurrence OF two thirds OF the
Senators present. When the Governor is impeached
Sec. T. Treason against the State shall consist only in
levying against adherng its enemies giving
them aid and comfort. No person shall be convicted
OF treason unless the testimony of two witnesses to
the overt act, confession in open court. No
conviction OF treason attander shall work corruption
of blood forfeiture.
Sec. 8. The Supreme Court shall consist of Chief
Justice and four Associate Justices.
Sec. y. There shall be two terms of the Supreme
Court held at the seat of government of the State in
each year, commencing the first Monday in January
and first Monday in June. and continuing long as
the public interest may require
Sec. 10. The Supreme Court shall have jurisdiction
to review upon appeal decision of the courts below
upon any matter of law legal inerence but issue
OF fact shall be tried before this court and the
shall have power to issue any remedial wrs necessary
to give it general supervision and control of the nte
rior courts.
Sec. ii The Supreme Court shall have original iuris
detion to hear claims against the State, but decisions
shall be merely recommendatory: no process in the
nature of execution. shall thereon; they shall be
reported to the session Of the General Assembly for
its action. ....-. b.
Sec. H. The State shall be divided into twelve judi
cial districts for each OF which judge shall be chosen
who shall hold superior cou< in each comfy in said
district at least twice in each year, to continue for two
weeks unless the business shall be disposed Of
Sec l3 Until altered by law the following shall be
the judicial districts. .E~
LIST. Observation-Disclosures Camden. Pasquotank Per-
qulnlans Chowan. Gates, Heltford Berthe.
I'd Distrct:-Tynell, Hyde, Washington, Beaufort,
Martin, Pitt, Edgecombe.
Sd. District Craven, Carteret, Jones, Onslow
Glecne, Lcneir, Waye, Wilson. So ".
4th Diatret.-Biuns"ick, New Hanover, Duplin,
Columbus, Badrn, Sampson, Robson.
9TH Dlstrct-Cumberand, larnet, Moore, Rich
mond, Anson, Montgomery, Stanley, Union.
9th. District.-N"rthampton Warren. Halifax, Wake
Nash, Franklin, johnson. Granville.
9TH District Person. o. ange, Chatham, Randolph
Guiltord, Alamance, Caswel Rockingham.
9th. Dstlict-Stokes Forsythe, Davidson Rowan
Davie, Yadkin Suny.
9th District.-Catawb a, Cabarrus, Mecklenburg, Lin
coin, CASTOR, Cleveland, Rutherford, Polk.
10th. Distlict.-Iredell, Burke, Caldwell, Wilkes
Alexander, Mcdowell.
1lth Dstrict-Allrghany, Ashe, Watauga, Mitchell
lancey, Madison Buncombc.
18th. Decentralization, Transy lvania, Haywood
Macon. Jackson, Clay. Cherokee.
Sec. 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
whit he shall report to the Legislature at its current
next session may require amy judge to hold or
specified terms o. said courts in lieu of the Judge
in VIII, district they ae.
Sec. Is. The Superior Courts shall have exclusive
original jurisdiction of all civil actions, whereof excu
si,e original jurisdiction is not given to some other
Courts, and OF all criminal actions which the punish
ment may exceed fine of fifty dollars or Imprisonment
for one month.
Sec lG. Tie Superior Courts shall have appellate
jurisdiction of all issues OF law fact determined by
Probate Judge Justice of the Peace where the mat
ter in controversy exceeds twenty FIVE dollars. and of
matters of law in all cases.
jurisdiction of the probate of deeds, the granting of let
tes testamenary and of administration the appointment
OF guardians, the apprenticng of orphans, audit the
accounts OF executors, administrators and guardians
and ofsuch other matters shall be prescribed by law
All issues of fact joined before them shall be transferred
TO the superior courts for trial, and appeals shall lie
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 have the same deter
mined by jury. i'll which the finding of the Judge
upon the fact, shall have the force and effect of ver-
dict of Jury.
establishment of special courts for the trial of INSIDE
meanors, in cities and towns where the same may be
necessary. ..u... .-.
Sec. 20. The Clerk of the Supreme Court shall be
appointed by the Court and shall hold his office for
eight years.
Sec. 81. Clerk of the Superior Court for each
county shall b.. elected by the quai.d voters thereof
at the time and in the prescribed by law. for
the election OF members of the General Assembly.
SEC. - Clerks Of tie Superior Courts shall hold
their offices for four years.
Sec. %. The General Assembly shall prescribe and
regulate the fees salaries and enruments of all
provided for IN this Article. but the salaries of the
Judges shall not be diminished during their contin-
in Office.
See. "a. The laws of North Carolina not repugnant
to this Con ton. the Constitution and laws of
the United States shall be in force until lawfully altered
Sec. % Actions at law and suits in equity, pending
when this Constitution shall go into effect shall he
transferred to the Courts having jurisdiction thereof.
without prejudice by reason of the change and all such
actions and suits, commenced before and pending at
the adoption by the General Assembly of the rules of
practice and procedure herein provided for shall be
heard aud determined, according the practice in
use, unless otherwise provided for by said rules.
Sec 26. The Justices of the Supreme Court shall be
elected by the qualified Of the State pro-