North Carolina. General Assembly. Senate. NC Senate Bill, No. 24, Ses. 1862-63. A Bill to Transfer the Jurisdiction of the Courts of Counties Occupied or Controlled by a Public Enemy

Senate Bill, No. 24, Ses. 1862-63.
A Bill to Transfer the Jurisdiction of the Courts
of Counties Occupied or Controlled by a Public Enemy:
Electronic Edition.

North Carolina. General Assembly. Senate.

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

Text scanned (OCR) by Elizabeth Wright
Text encoded by Patricia L. Walker and Natalia Smith
First edition, 1999
ca. 20K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
1999.

Call number Cb351.94 N87g 3 (North Carolina Collection, UNC-CH)

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Library of Congress Subject Headings, 21st edition, 1998

LC Subject Headings:

Jurisdiction -- North Carolina.
Courts -- North Carolina.
North Carolina -- Politics and government -- 1861-1865.
North Carolina -- History -- Civil War, 1861-1865 -- Occupied territories.

Senate Bill, No. 24, Ses. 1862-63

Introduced by Mr. Warren, of Beaufort.

W. W. Holden, Printer to the State
[1862]

Page 1

A BILL TO TRANSFER THE JURISDICTION OF THE
COURTS OF COUNTIES OCCUPIED OR CONTROLLED
BY A PUBLIC ENEMY.

SECTION 1. Be it enacted by the General Assembly of the
2 State of North Carolina, and it is hereby enacted by the
3 authority of the same, That whenever, in the opinion of
4 the Governor, any county or any part thereof shall be so
5 occupied or controlled by a public enemy that its Courts
6 may not be safely held as heretofore, he shall proclaim the
7 fact and designate some other county convenient and suitable,
8 where Courts general and special shall have jurisdiction
9 of all the matters pertaining to the administration of
10 the laws in the county so occupied or controlled, in the
11 same manner and to the same extent as if such county
12 were a part of the county so designated; and whenever
13 such county, in the opinion of the Governor, shall cease
14 to be so controlled or occupied, he shall proclaim the same,
15 and thenceforth the jurisdiction of the county so designated
16 shall cease, and all the matters pending in the Courts
17 thereof, whereof jurisdiction shall be acquired under this
18 act, shall be moved to the proper county, under the certificate
19 of the Clerk and seal of the county, and shall be
20 proceeded with as though they had been originally commenced
21 and prosecuted in such county; and it is further
22 enacted, that if for like cause the county designated should
23 thereafter be occupied and controlled as aforesaid, the
24 Governor may designate any other county, which shall

Page 2

25 have like jurisdiction as the county first designated, and
26 this may be done so often as may be needed for the purpose
27 of administering the laws.

SEC. 2. Be it further enacted, That the Governor shall
2 cause his proclamation which may be made under this
3 act, to be recorded in the office of the Secretary of State.

SEC. 3. Be it further enacted, That in cases wherein letters
2 of special administration shall be granted under this
3 act, if the intestate, at the time of his death, did not actually
4 reside in the county wherein the same were granted,
5 but in some other county occupied or controlled as aforesaid,
6 the Justices granting the same may authorise the administrator
7 not only to sell so much of the crop, stock and
8 provisions on hand, as they shall deem advisable, but also
9 to sell or remove such other personal property of the
10 intestate as shall appear to them in imminent danger of loss
11 or destruction, and the same shall be enumerated in the
12 schedule with the other property.

SEC. 4. Be it further enacted, That this act shall be in
2 force from and after its passage.

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Senate Bill, No. 24, Ses. 1862-63. A Bill to Transfer the Jurisdiction of the Courts of Counties Occupied or Controlled by a Public Enemy: Electronic Edition.