Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-27


: against person charged with public oifence
for the punishment Of The same, shall be termed
criminal ACTON Feigned issues sllaH also be
abolished and the fact at issue tried by order o
court before jury.
Sec q Three Commissioners shall be appointed
! by this Convention to report to the General as
sembly at its first session after this constitution
shall be adopted by the people, rules OF prsctlce
and procedure in accordance with the provisions
OF the foregoing section, ana the ConYen ION shall
provide for the Commissioners 2 reasonable com
pensation.
Sec. 3. The same Comrissip:lors shall also re-
port to the General Assembly as soon al practica-
bic, code of law OF North Carolina The Gov
ernor shall have power TO Ell the vacancies &C.
| curing in this Commission.
Sec 4. The judicial power Of the State shall be
vested III court for the trial OfImpeachTnents, a
Supreme court, Superior courts, courts OF justices
of the Peace ard special courts.
Sec. s. The court for the trial of Impeachment s
shall be the Senate; ma Ority OF the members
shall be necessary to quorum, and the
judgment shall not extend beyond removal from
and disqualification to hold office III this State.
but the party shall be liable to Indictment and
punishment according to law.
Sec. 6. The House of represent tives solely,
! shall have the power of impeachinS. No person
! shall be convicted without the concurrence Of
two-thirds OF the Senators present When the
Governor is impesched the Chief Justice shall
preside.
| Sec. Z. Treason against the State shall consist
only in lev1ing war against it or adhering to its
enemies, giving them aid and comfort No person
shall be convicted of treason unless on the tesi-
mODY or TWO witnesses 10 the same overt act, or
On confession in open court No conviction of
| treason or attainder shall work corruption of
blood forfeiture.
| Sec 8. The Supreme Court shall consist OF =
Chief Justice and four Associate Justices.
Sec. 8. There shall be two terms OF the Supreme
Court held at the seat of government OF the
State in each year, commencing on the first
! Monday in January, and fl Monday in June,
and continuing as long as the public interest may
require.
| Sec 10. The Supreme Court shall lave iurisdic-
ton to review, uron appeal, any decision Of
| the courts below, upon any mater 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 wri,s necessary to give it
a general supervision and control of the inferior
courts.
| sec H. The Supreme Court shall have original
Jurisdiction to hear claims against the State, but
it's decisions shall re merely recommendAtCry no
process in the nature of execution shall Issue
thereon they shall be reported to the next SEES
sion of the General Assembly for its action
Sec -. The State shall be divided into twelve
judicial districts, for eac h of which judge shall
be chosen, who shall hold superior court
each year, to continue for two weeks, unless the
business shall be sooner disposed Of =,
Sec. 49, Until altered by Ia " the following shall
be the judicial Gistricta:
First District-Currituck Camden, Pasquo-
tank. Perquimans, Chowan, Gates, Hartford,
Berthe
Second District --Tyrrell, Hyde, Washington
Beaufort Martin, Pitt, Edgecombe.
Third District Craven, Carteret, Jones, Onslow,
Green, l4enOlr wayne, wilson
Fourth District brunswick, New Hanover,
Dupin, Columbus. Bladen, Sampson, Robson.
Fifth District-C Cumberland, Harnett, Moore,
Richmond Arson, Montgomery, Staniy, Union.
Sixth Observation-Disclosures, Warren, Halifax,
Wake, Nash, Franklin, Johnston, Granville.
Seventh District Person, Orange, Chatham,
Randolph, Guiford, Alamauce, Caswcll, Rocking
ham.
Eighth District-Stokes Forsythe Davidson
Rowan, Davie Yadkin, Surry.
Ninth District-Cat&wba, Cabarrus, Mecklen-
burg, Lincoln, Castor, Cleveland, Rutherford,
Tenth pistrict-Iredell, Burke, Caldwell Wilkes
Alexander Mcdowell.
Eleventh Observation-Disclosures, Ashe Watauga
MITCHELL Yancey, Madison, Buncombe.
Twelfth Observation-Disclosures, Pennsylvania,
Haywood, Macon, JSckson, Clay, Cherokee
Sec. IA. Every judge OF Superior Court sh all
reside in his District While holding his office. The
Judges may exchange Districts with each other
with the consent OF the Governor, and the Gov
ernor, for good reasons which he shall report to
the Legislature at its current or next session, may
require any Judge to hold one or more specified
terms Of said COuts ia lieu of the Judge in whose
District they
Sec. 49, The Superior Courts shall have exclu-
sive original jurisdiction of al! civil actions,
whereof exclusive original jurisdiction is not
given to other Courts, and OF criminal
actions in which the punishment L y exceed
fine OF fifty dollars or imprisonment for one
month.
Sec. Is The Superior Courts shall have appel
late jurisdiction of all issues If law fact, deter
mined by Probate Judge a Justice of the
Peace, where the matter il controversy exceeds
tWenty-hyo aoLars, ana OF matters OF law IN al
cases.
Sec H. Inc Clerks OF the superior Colir'' shall
have jurisdiction OF the probate CT ut" 17, The
granting of letters testamentaTy and Of admins
tratIon the appo:htme2to OF Suardans, the appren-
sicinG OF orPlals 10 n6lI me aco"ohtS OF sAec't-
tors, administrators and guardians, and OF aucil
other matters as Shal be prescribed by Law. All
issues of fact joined before them shall be ;rans-
felred to tho superior Conrts for trial, and tp-
peas shall liz TO the Superior Courts from their
| judgments in al matters Of law
Sec. IL. In all issues OF fact, TONED in any court,
tho parties may waive the right to hsVe the same
determined by ~, III which case the finding OF
the Judge upon the fact, shall have the force and
effect OF 4 verdict of jury.
Sec 49, The General a. sembly shaI! ErovIde for
the establishment OF Special ourtS for the trial
of 'nisdcmeanors IN cities and town., whcr" the
same may be necessary. -, .....
Sec 70 The Clerk OF the supreme Court shall
be appointed hE the Court and shall hold his "ihce
Tor eight ut years, 81 .,, c,u;o, co,,xt
Sec. Il; Clerk OF the superior Court Tor each
county shall be elected by tue qlailled voters
thereof; at the time ana IN the manner prescribed
by law for the election OF members or the Genera