Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1931-12-11
PART V
by B. D. Me- UBBINS.
Copyright 1931)

IhN1
On December 1S, 1875 the Con-
stitution of the Free States Of North
Carolina, framed at Halifax, was
adopted, and in April, 1777, the
General Assembly met at Newbern
and revised the whole statute law.
Superior Courts of Law were estab-
lished to meet twice a year at Viii
mington, Newbern, Edenton, Hills
boro, Halifax and Salisbury. Three
Judges were provided. In 1882, Nor,
canton was created as a district. In
1887, the district of Fayetteville was
added. In 1870, a fourth judge was
elected, and the State divided into rid
ings. The Attorney General and here
tofore appeared for the State in each
district. The eight districts were divid-
ed into the Western and the Eastern
riding. The officers of Solicitor General
was created and assigned to the West
ern riding and the Attorney General
retained the Eastern riding.
(Revised Stat. of N. c., Vol. 2,
page 529.(
In 1879, the Court of Conference
was created. This court consisted OF
the various Superior Court judges, who
met twice a year in Raleigh in con-
ference to settle various questions
arising in the districts. There had been
confusion due to the Superior Courts
acting both as trial and Supreme
Courts, and this new Court was to
serve the purpose of a central
preme tribunal. The Attorney General
and the Solicitor General were required
to attend its sessions. In 1904, it was
made a permanent court OF record.
In 1905, its name was changed to
1.-The Supreme Court of North Caro-
lina," and the Sheriff of Wake County
was required to attend its sessions as
executive officer. In 1910, an Act
provided that the Court should elect
one of its members as Chief Justice,
and provision made that appeals from
the Superior Court should be heard
and decided. In 1918, the Superior
Court Judges were relieved of their
duties as members of this court, and
the Supreme Court of North Carolina,
with members elected for this purpose,
was established.
(103 N. c., page 531.)-
In 1906, Superior Courts were
established in every county OF the
State, to meet twice a year. Two new
Judges and four Solicitors were pro-
vided and these courts were to have
the same powers as the existing Sup
erior Courts of law and equity. The
State was divided into six circuits of
ten counties each; the Attorney
General was assigned to n circuit,
the Solicitor General to another, and
the four new Solicitors assigned to
the remaining four circuits. Since that
time, the system has grown into our
present modern system. The office OF
Solicitor General was dropped in 1885.
The Attorney General became, in real
effect, a State Officer, and his duties
confined to the Supreme Court, to-
gether with other important duties OF
a department of State. There are now
twenty judicial districts in the State
with a resident judge and Solicitor in
each district. Special Superior Court
Judges have been provided to hold
courts at the appointment pf the
Governor, and relieve congestion OF
crowded Superior Court dockets
throughout the State.
(Revised Stat. N. c., Vol. IL, page
529.) j.,
In 1868, courts of Peace and
Quarter Sessions were abolished and
provision made for the establishment
Of inferior courts in the counties. I'm
der this and under statutes since en-
acted, various inferior courts have
been created.
Constitution Of 1869
Prior to 1868, the Clerks OF the
Superior Court were more or less
ministerial officers and had no judicial
powers. Under the Constitution OF
this year, considerable judicial powers
were vested in the Clerk as Judge OF
Probate. He was given jurisdiction
over land divisions, proof of wills,
deeds, mortgages and contracts, ap-
pointment and supervision of execu-
tors, administrators and guardians, and
over the property sights of orphans
The Clerk acted as Judge of this
Court. 1t was abolished in 1888, and
the duties devolved upon the Clerks
of the Superior Courts.
CONSTITUTIONS Of 1868 and 1880
Since 1863, large and important
power have been vested in the Clerks
of the Court. The Constitution OF
1868 provided that the Superior Courts
shall be kept open at all times for
the dispatch of business and the
Clerks were given jurisdiction over: all
-,++ere of ~nractice and procedure,