Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1879-03-06
Justices Criminal Jurisdiction,

THE ACT AS PASSED FEB. 26, 1879.
A Bill to be Entitled an Act to define the
Criminal Jurisdictlor of Justices oftbe
Peace.
The General assembly Of North Carroll
na do enact
Sec. i. Justices of the Peace shall
have exclusive original jurisdiction To
hear, try, and determine the offences
enumerated IN sections 43, S5, 112.
116, III. 119, 120 and 139, of chap
ter -, of Battles Revisal, as amend
ed by chapter 176, OF the laws of
l873-74. And the punishment for
every such offence shall not exceed a
line of fifty dollars, or imprisonment
for thirty days.
SEC. Z. Justices Of the Peace shall
also have exclusive original iurisdic.
ton of all such peace warrants and
proceedings Hereunder, as they shall
assume jurisdiction of, and of all bas.
tardy proceedings and issues arising
hereunder, anG TO take bond from de-
tendants in such proceeding, with ap.
proved security, as heretofore reouir-
ed by law TO be taken in the Superior
Courts of this State and also of all
assaults, assaults and batteries. and
ARRAYS, where no deadly weapon is
USED. And the punishment for the
offences enumerated in this section
shall not exceed q fine Of fifty dollars.
or imprisonment for thirty DAYS: and
the allowance made to the woman in
bastardy proceedings when the puta-
tive father admits the paternity of the
child, or the issue has been found
against him, shall in no case exceed
fifty dollars. and the defendant shall
also pay fine of ten dollars, which
shall go to the school fund, as here
tofore provided by law: Provided
ho'ceper, That Justices of the Peace
shall have no jurisdiction over as
aults with intent 10 kill, or assaults
with intent TO commit rape, except as
committing magistrates.
SEC. 3. Tie party convicted before
a Justice shall always be adiudged to
pay the costs, and if party charged
shall he acquitted, the complainant
shall be adjudged 10 pay the costs,
and may be Imprisoned for the non
payment thereof But in no such case
shall the county be liable to pay any
such costs.
SEC. 4, The words ''imprisonment
for one month" wherever used in any
of the statute laws of this State, shall |
be construed to mean ssimprisonment
for thirty days" by all the Judges and
courts of the State.
SEC .. Section six OF chapter l76
of the laws of 1924, is hereby re-
pealed.
SEC. 6. Section Ill, chapter 32.
Battles Reyisal, shall be amended to
read as follows: In all cases of an
assault with, or without intent to kill.
or injure the person convicted shall
be punished by fine or Imprisonment,
or both, at the discretion of the court:
Provided, That where no deadly
weapon has been used, and no serious
damage done, the punishment in such
case shall not exceed fine of fifty
dollars, or imprisonment for thirty
days: But this proviso shall not ap-
ply to cases of assaults with intent 10
kill, or assaults with intent to commit
rape.
SEC. Z, Justices Of the Peace shall
have exclusive original jurisdiction
of all criminal matters arising within
their counties where the punishment
now, or which shall hereafter be pre-
scribed by law, shall not exceed fine
of fifty dollars, or Imprisonment for
thirty days.
SEC. 8. Section l19, chapter 33, OF
Battles Revisal, is hereby repealed.
SEC. Q. Whenever any person com
planned of on peace warrant, shall
be brought before a Justice of the
Peace, such person may be required
TO enter into recognizance, payable ,
TO the State of North Carolina, IN
such sum not exceeding one thousand
lollarS, as such Justice shall direct, ,
with one or more sufficient sureties,
20 appear before TIE court of some
Justice of the Peace, within n period ,
lot exceeding six morths, and not
lepart the court Without leave, and
n the meanwhile to keep the peace,
md be of good behavior towards all {
he people of the State, and partict,- {
arly toward the person requiring such {
'ecurity.
SEC. 10. The party against whom
shall be given may appeal
o the Superior Court from the same
And the rarty injured may appeal, If
le shall be dissatilied with the iu1o- J
nent, If he will authorize the Justice |
o endorse his name upon the war ,
ant as the prosecutor. When ali an-
'ealsls taken the whole matter shall
'e heard anew in the Superior Court, ,
SEC. IL. Nothing in this act shall
&c construed to prevent the Superior,
Inferior and Criminal courts from ii. {
ALLY hearing and determining such {
lffrays as shall he committed within t
me mile of the place, where, and I
Turing the time such court is being
Ield nor shall this act be construed |
o prevent said courts from assuming =
of ARRAYS, assaults. and :
ssau!ts and batteries, if some Justice
# the Peace shall not, within six
months after tho commission of the I