The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-15
RECORDERS COURT
The Text Of the Measure
Presented.
UP TO THE LEGISLATURE.
Will be Presented Some Time
Next Week.
Great Interest has Been Shown in the
New MeaSure-Nh hat tia. Bill Calls
For-WilI be Introduced in the State
Legislature Probably Within . Week

On account of the general interest
that is being expressed in the propos-
ed recorders court in this city and
county, The Messenger this mornin?
gives space to publish the entire tex
of the measure.
The bill it is proposed shall be intro
duced in the Legislature within the next
few days and it is probable that a
committee, representing the board OF
aldermen and the board of county COM
missiOners will go to Raleigh to assist
in it's passage.
The measure is of great importance
and for this reason, it is given in full.
An act to establish in the city OF
Wilmington a special court to be called
the recorders court, and prescribe the
jurisdiction thereof.
The general assembly of North Car
Olina do enact:
Section 1. A special court for the
trial of misdemeanors and to be desig-
mated as "The Recorders Court OF
the City of Wilmington is hereby es-
t%ablished.
Section 2. Said court shall be a
court of recOrd and shall be presided
over by a recorder who shah be a il
censed attorney of good moral char
acter, in good standing, and an elect
or of the city of Wilmington, who shall
hold office for a term of four years
from and after the first day of June,
1907.
Said recorder shall be elected by the
people at the time the board of alder
men of the city of Wilmington are
elected in May, 1907, and his successor
similarly elected each four years
thereafter. He shall take and sub
scribe the oath required by law OF
judges of the superior court and re-
ceive a salary Of one hundred and fifty
dollars per month, one half Of the
same to be paid by the city of Will
mington, and the other half by the
county of New Hanover.
Section 8. Said court shall hold
daily sessions, Sundays and legal ho!-
idays excepted, at the city hail of the
city of Wilmington, the first session
| thereof to be held on the first day of
June, 1907.
Section 4. Said court shall have all
the jurisdiction and powers in all GRIM
inal OffenSeS occurring within the cOun-
ty of New Hanover, which are now,
or may hereafter, be given to justices
of the peace, and shall also have juris-
diction to hear and determine all
offenses and misdemeanOrs consisting
of a violation of the ordinances of the
city Of Wilmington.
Section 5. Said court shall, in addi-
ton to the jurisdiction conferred by
section 4 of this act, have exclusive
original jurisdiction Of all other crimi-
nal ~offenses committed within the
county of New Hanover below the
grade Of a felony, as now defined by
law, and ali such o~ffenses committed
within said county are hereby deciar-
ed to be petty misdemeanOrs.
Section 6. Warrants may be issued
by the recorder of said court for any
person or persons charged with the
commission of any offese of which
said court has jurisdiction, and any
person convicted in said count shall
have the right of appeal to the SUI
perior court of New Hanover county
and upon such appeal the trial in the
superior court shall be de novo.
Section T. In all cases heard by
justices of the Peace and other COM
hitting magistrates against any person
or persons for any offense included in
Section 5 of this act, in which probable
cause of guilt is found. such person or
persons shall be bound in Il suitable
recognizance with sufficient surety TO
appear at the next succeeding term Of
said recorders court for trial and In
default of such recogniZance such per-
son or persons shall be committed to
the common Jail of New Hanover
county awaiting trial.
Section 8. In all criminal actions
tried before a justice of the peace III
which he has final jurisdiction ard the
defendant be convicted, and an appeal
shall be taken by the defendant. the
Justice shall bind the defendant IL 2
suitable recognizance with sufficient
surety to appear at the next succeed
ing term of said recorders court for
trial and in default thereof shall COM
nit him to the Jail Of New Hanover
county awaiting trial, and shall FORTH
with transmit all papers in h case,
together with the judgment of said
Justices our TO said recorders court
for trial who shah hear and determine
the same de novo.
Section y. All costs incurred N is
suing said warrants and for the ser
vice of process arising from warrants
upon which any defendant shall appeal
from the judgment Of a justice OF the
peace or shall be bound to said record
er's court, shall belong 10 and be the
property of said justice of the peace
and sheriff Or constable serving the
same as the case may be and the
same shall be paid to them by the
proper authority.
Section 10. Amy person convicted in
said court of any of the offenses men
toned in Section 5 of this act shall
be fined Or imprisoned, Or both fined
and imprisoned, according to law and