Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1931-11-27
(By B. D. McCUBBINS.
Copyright 1871
PART II

IN III AAHAh5
thority of Governor Ludwell was ex-
tended over the four southern counties
of Carolina. However, the actual date
when the old system passed away is
a matter of doubt. Tenants of the old
Grand Model were very probably in
operation until the year 1871, when
the Providence was surrounded back
to the Crown. In the year, 1902, there
is a record showing that the Lord
Proprietors were acting under the
provisions of the Constitution. In
1715, the common law of England
and the act of Parliament, with GER
tain exceptions, were adopted in Caro-
lima
(Col. Records, Vol. /, predatory
notes, XIX, Mordecai's Law Lectures,
page 38.)
On October 2, 1722, the General
Assembly at Edenton passed an act
empowering the justices of the peace
to levy taxes and build c%ourthouses
at eight stated places. Previous to
this time, there had been no court
houses in Carolina. The Courts met
at various public places and private
houses for the transaction of court
business.
laws N. c. 1722, October Session,
Chapter S.)
In 1928, a provision was made for
juries.
(Law of N. c., 1928, Chapter u
In 1740, provision was made for
the appointment of Clerks of the
County Courts.
claws of N. c., 174o, chapter 6;
Colonial Records, Vol. p page 537.)
The Royal Governor and Council
were vested with power to establish
courts and appoint judges. For a long
time, there had been a movement to
build up a cort system similar to the
English Courts. On December 5,
1916, the General Assembly at Wilm-
ington, passed an act requiring the
principal court to be held at Newbern.
1t had previously been held at Eden
ton. The act established the court I'M
der the name of the General Court
of North Carolina. (North Carolina
had been divided from South Carolina
in 1850 The General Court was
presided over by the Chief Justice
and three associate justices, the Chief
Justice being commissioned by the
Crown, and associate justices appoint
ed by the Governor and the Council,
and the act vested in them the same
powers usually enjoyed by associate
justices in England at Westminster.
The court met twice a year and set
not longer than twelve days. Juris-
diction was limited to not less than
twelve pounds proclamation money,
unless the parties lived in different
counties. The act provided that courts
of Assize, Oyer and Termlner should
be held by the Chief Justice twice a
year at Edenton, Wilmington and at
the courthouse in Edgecombe. The
Chancery Court was likewise establi-
shed at Newbern and the Jurisdiction
and venues among the various coun-
tie. set forth. A provision was made
for the appointment Of Clerks to the
nisi prius courts.
laws of N. c., 1746, Chapter 2;
Colonial Records, Vol. %, page 254.)
The Act of 1746, enlarged the
jurisdiction of the County Courts and
provided they should meet four times
a year in quarter sessions, according
to eancient customs and uses that
had been known, used and p%racticed.'
Juries were provided and the Attorney
General was directed to appoint a
Deputy Attorney General in every
county to appear in these courts on
behalf Of the Crown. The courts were
given power to establish their W
rules and appeals were provided tor.
The Courte was to consist OF not less
thar three justices of the peace. The
justices were presumed to be men OF
outstanding ability and intelligence as
the court was a great institution IN
the life of the settlers. Its duties were
far different from those at the present
time. Practically any and everything
was brought into court and passed
upon. 1t carried on nc only judicial
functions, but also the administra-
ton of county government. 1t built
the roads and public buildings, elect
ed the officers, issued all kinds OF
licenses and trade brands, and set
prices for food and other necessarles
of living. 1t had Jurisdiction over
property of intestates, the probate OF
wills and other papers, division OF
estates, and %apprenticing OF children.
In 1854, the County Courts proper
were established. In 1850, the Inferior
Courts of Pleas and Quarter Sessions
were established and considerable juris-