School History of North Carolina : from 1584 to the present timeMoore, John W. (John Wheeler)
History
School History of North Carolina : from 1584 to the present time
Moore, John W. (John Wheeler)
North Carolina -- History
SEC. 12. The General Assembly shall have no grower to deprive
the Judicial Department of any power or jurisdiction which
rightfully pertains to it as a coordinate department of the
government; but the General Assembly shall allot and distribute
that portion of this power and jurisdiction, which does not
pertain to the Supreme Court, among the other courts prescribed
in this Constitution or which may be established by law, in such
manner as it may deem best; provide also a proper system of
appeals; and regulate by law, when necessary, the methods of
proceeding in the exercise of their powers, of all the courts
below the Supreme Court, so far as the same may be done without
conflict with other provisions of this Constitution.
SEC. 13. In all issues of fact, joined in any court, the parties
may waive the right to have the same determined by a jury; in
which case the finding of the Judge upon the facts shall have
the force and effect of a verdict by a jury.
SEC. 14. The General Assembly shall provide for the
establishment of Special Courts, for the trial of misdemeanors,
in cities and towns where the same may be necessary.
SEC. 15. The Clerk of the Supreme Court shall be appointed by
the Court, and shall hold his office for eight years.
SEC. 16. A Clerk of the Superior Court for each county shall be
elected by the qualifier voters thereof, at the time and in the
manner prescribed by law for the election of members of the
General Assembly.
SEC. 17. Clerks of the Superior Courts shall hold their offices
for four years.
SEC. 18. The General Assembly shall prescribe and regulate the
fees, salaries and emoluments of all officers provided for in
this Article; but the salaries of the Judges shall not be
diminished during their continuance in office.
SEC. 19. The laws of North Carolina, not repugnant to this
Constitution, or the Constitution and laws of the United States,
shall be in force until lawfully altered.
SEC. 20. Actions at law, and suits in equity, pending when this
Constitution shall go into effect, shall be transferred to the
courts having jurisdiction thereof, without prejudice by reason
of the change; and all such actions and suits commenced before,
and pending at the adoption by the General Assembly of the rules
of practice and procedure herein provided for, shall be heard
and determined according to the practice now in use, unless
otherwise provided for by said rules.
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