Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North CarolinaNorth Carolina
History
Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina
North Carolina
Constitutions -- North Carolina
SEC. 27. The several justices of the peace shall have jurisdiction,
under such regulations as the General Assembly shall prescribe, of civil
actions, founded on contract, wherein the sum demanded shall not exceed
two hundred dollars, and wherein the title to real estate shall not be
in controversy; and of all criminal matters arising within their
counties where the punishment can not exceed a fine of fifty dollars or
imprisonment for thirty days. And the General Assembly may give to
justices of the peace jurisdiction of other civil actions, wherein the
value of the property in controversy does not exceed fifty dollars. When
an issue of fact shall be joined before a justice, on demand of either
party thereto, he shall cause a jury of six men to be summoned, who
shall try the same. The party against whom judgment shall be rendered in
any civil action may appeal to the Superior Court from the same. In all
cases of a criminal nature, the party against whom judgment is given may
appeal to the Superior Court, where the matter shall be heard anew. In
all cases brought before a justice, he shall make a record of the
proceedings and file same with the clerk of the Superior Court for his
county.
[Sidenote: Vacancies in office of justices.]
SEC. 28. When the office of justice of the peace shall become vacant
otherwise than by expiration of the term, and in case of a failure by
the voters of any district to elect, the clerk of the Superior Court for
the county shall appoint to fill the vacancy for the unexpired term.
[Sidenote: Vacancies in office of superior court clerk.]
SEC. 29. In case the office of clerk of a Superior Court for a county
shall become vacant otherwise than by the expiration of the term, and in
case of a failure by the people to elect, the judge of the Superior
Court for the county shall appoint to fill the vacancy until an election
can be regularly held.
[Sidenote: Officers of other courts inferior to supreme court.]
SEC. 30. In case the General Assembly shall establish other courts
inferior to the Supreme Court, the presiding officers and clerks thereof
shall be elected in such manner as the General Assembly may from time to
time prescribe, and they shall hold their offices for a term not
exceeding eight years.
[Sidenote: Removal of judges of the various courts for inability.]
SEC. 31. Any judge of the Supreme Court or of the Superior Courts, and
the presiding officers of such courts inferior to the Supreme Court as
may be established by law, may be removed from office for mental or
physical inability, upon a concurrent resolution of two-thirds of both
Houses of the General Assembly. The judge or presiding officer, against
whom the General Assembly may be about to proceed, shall receive notice
thereof, accompanied by a copy of the causes alleged for his removal, at
least twenty days before the day on which either House of the General
Assembly shall act thereon.
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