The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-15

$3.50 IL" II Y 5OI Il
convicted in said court OF any of tks
ofenses mentioned in Section 5 of thi
act and the punishment imposed l.
fine and imprisonment Or impr;son
ment and costs Or costs the records
shall sentence the defendant to tn,
county Jail Of New Hanover county &c
be worked upon the public roads o.
said county until such sentences has
been compiled with
Section II. Said recorder shall Ore
1 side over said court and try and de.
termine all actions coming before him,
| the Jurisdiction of which is conferred
| by this act, except in cases where he
is legally incompetent to try the same,
in which s. the said case shall be
upon application Of the defendant, re-
| moved for trial to such other court
of the county OF New Hanover as
| would, but for this act. have jurisdic-
ton of the same. Such legal incom-
potency shall be considered t mean
only such incompetency as would dis
qualify a judge Of the superior court 10
try under the same circumstances 4
case pending in such last mentioned
court.
Section Is. The proceedings of the
said court shall be the same as are
now, or may hereafter be prescribed,
by law, or this act, Or by any ordinance
peace, and in all cases there shall be
a right to appeal on the part of the
defendant adjudged guilty. to the
next term of the superior court of New
Hanover county, and in all such cases
of appeal the defendant shall DE re-
quired to give bond with sufficient
surety to insure the defendants APP
pearance at the next succeeding term
of the superior court, and in default
thereof said recorder shall commit
such defendant to the common Jail Of
New Hanover county until such de-
PENDANT shall give said bond or be
otherwise discharged according to law.
Section If. Said court shall also
have jurisdiction to try all actions for
the recovery of any penalty, imposed
by law, Or this act, or b any ordinance
of the city of Wilmington, for any act
done within said city of Wilmington,
and said penalty shall be sued for ard
recovered in the name Of the city OF
Wilmington and if incurred by a minor
snail be recovered from, and in in
action against the parent Or guardian.
From any judgment for such penalty
imposed, or allowed to be imposed,
by this act or for the violation Of any
ordinance of the city of Wilmington,
either party may appeal to the next
term of the superior court of New Han
over in like manner, and under the
same rules and regulations as are pre-
scribed for appeals o justices Oh
the peace, and in case h recorder
shall be recovered from and in all
tionship or is otherwise incompetent
to hear and determine such action, the
same may be instituted and prosecuted
in any court within the county OF New
Hanover which would, but for this
act have jurisdiction thereof, under
the same rules and regulations as #
instituted and tried in said recorders
court where applicable.
In all cases where judgments may
be entered UP against any person TO-
fines or penalties according to law. and
the ordinances of said city of Whining
ton, and the person or persons against
whom same is adjudged refuses, falls,
Or are unable to pay such judgment,
it shah be lawful for the recorder OF
said court to order and require said
person Or persons to be WOrked on
the public roads of said county OF
New Hanover, until, at a fair rate OF
wages. such person or persons shall
have worked out the full mount Of
such Judgment and costs.
Section Is. The said court shall
a seal with the impression The
Court of the City of Will
which seal shall be used in
atteStatiOn of Writs, warrants, sum-
mons, or other proceedings, or icts,
or DEGREES of said court, in
the same name and to the same eff
feet as the seal of other courts in the
state of North Carolina.
Section Is. That the recorder may
issue his process to the chief of police
or to the city police of the city of Will
mington Or to the sheriff, constable OF
other lawful officer of the county OF
New Hanover and such process wheE
attested by the seal of the recorders
court shall run any where in the state
OF North Carolina, and the same shall
be duly executed by all officers accord
ing to law.
Section II. The recorder OF said
is authorized and directed 20 ap-
point a clerk of said recorders court
subject to removal for cause by the
board Of aldermen of said city and the
board of commissioners of said Coun-
ty of New Hanover in joint meeting,
each board being entitled to five votes
and each member of each board to his
fractional part thereof. The two said
boards in joint meeting in the manner
aforesaid shall fix the salary of said
clerk. The term of Office of said clerk
shall begin on the first day OIL June,
1907, and continue for four years
thereafter. Said clerk shall be eX-0f-
fcio a justice of the peace.
Section IS. In case of a vacancy oc-
curing in the Office of the recorder Of
said court for any cause, such vacancy
shall be filled by the election of a re-
corder for the remainder of the term
by the board of aldermen of said city
and the board Of commissioners of said
county of New Hanover in joint meet
ing, each board being entitled to five