of contempt, together with the judgment therefor, and then proceed as follows): Therefore you are hereby commanded to receive the said M. B. into your custody in the said jail, and him there safely keep during the said term of two days, and until he pays the said fine or is duly discharged according to law. Herein fail not.

Dated this......day of..

Code, s. 909.

.19....

G. W. H... Justice of the Peace.

NOTE. For penalty for failing to turn over books, etc., on expiration of office, see ss. 3598, 3601.

For criminal procedure and jurisdiction, see Criminal Procedure.

For judgment upon failure to answer, see Civil Procedure, subchapter Judg

1497. Judges to take oath of office. Every judge before he shall act as such, shall, in open court, or before the governor, or before one of the judges of the supreme or superior courts, or before some justice of the peace, take the oath appointed for public officers, and also an oath of office. The officer or court before whom said judge shall qualify, shall cause the judge to subscribe the oaths by him taken, and having certified the same, shall return said oaths to the secretary of state, who shall carefully preserve them; and if any judge shall act in his office before he shall have taken the oaths directed, he shall forfeit and pay two thousand dollars, one half to the use of the state and the other half to the person who shall sue for the same.

Code, s. 924; R. C., c. 31, ss. 18, 19; 1777, c. 115; 1806, c. 694, s. 13; 1848, c. 45.

1498. Vacancies, how filled. All vacancies occurring by death, resignation or otherwise in the offices of justice of the supreme or judge of the superior court of the state shall be filled for the unex

pired term at the next general election for members of the general assembly held after such vacancy is created. The persons elected at such election shall be commissioned by the governor immediately after the ascertainment of the result in the manner provided by law. and shall qualify and enter upon the discharge of the duties of the office within ten days after receiving such commission.

1899, c. 613.

1499. Power to discharge drunken solicitor. When any state solicitor, authorized by election or appointment to act as prosecuting attorney for, or in behalf of the state of North Carolina, in any of the courts of said state, shall appear at such court, in term time, drunk or intoxicated, or when it shall be brought to the knowledge of the judge presiding at such court that the solicitor, whose duty it is to represent the state at such court, is in the town in which such court is being held, drunk or intoxicated, at any time, it shall become the duty of such judge, and he is hereby directed to immediately discharge such solicitor from the duties of such court, for the term then being held, and appoint some competent attorney to act as state solicitor for the term of said court. Said appointee shall be allowed all the fees and compensation belonging to the solicitor for such term.

1901, c. 717.

II. JURISDICTION.

1500. Original. The superior court shall have original jurisdiction of all civil actions whereof exclusive original jurisdiction is not given to some other court; and of all criminal actions in which the punishment may exceed a fine of fifty dollars, or imprisonment for thirty days; and of all such affrays as shall be committed within one mile of the place where, and during the time, such court is being held; and of all offenses whereof exclusive original jurisdiction is given to justices of the peace, if some justice of the peace shall not within twelve months after the commission of the offense proceed to take official cognizance thereof.

Code, s. 922; 1889, c. 504, s. 2; Const., Art. IV, ss. 12, 27; 1879, c. 92, s. 11; 1881, c. 210.

1501. In vacation or at term. In all cases where the superior court in vacation has jurisdiction, and all of the parties unite in the proceedings, they may apply for relief to the superior court in vacation, or in term time, at their election.

Code, c. 10, s. 230; 1871-2, c. 3.

1502. Appellate. The superior court shall have appellate jurisIdiction of all issues of law or of fact, determined by a clerk of the

superior court or a justice of the peace, and of all appeals from inferior courts for error assigned, in matters of law, as provided by law. Const., Art. IV, ss. 12, 27; Code, s. 923.

1503. Equity cases transferred to. All suits, petitions and other proceedings pending in the late courts of equity, and in the late courts of pleas and quarter sessions, and not determined by final judgment or decree, and all such cases wherein any act was decreed to be done or deed to be executed, and said act was not done or deed executed, may be transferred to the superior court of the county in which they were pending, at the instance of any person interested. And the superior court shall have power to make all orders, judgments and decrees that shall be necessary for finally adjudicating and settling the same.

Code, s. 944; 1871-2, c. 161; 1873-4, c. 183; 1874-5, c. 81; 1876-7, c. 9.

1504. Surveys in disputed boundaries. Whenever in any suit pending in the superior court, the bounds of lands shall be drawn in question, the court may, if deemed necessary, order a survey of the lands in dispute, agreeable to the bounds and lines expressed in each party's titles, and such other surveys as shall be deemed useful; which surveys shall be made by two surveyors appointed by the court, one to be named by each of the parties, or by one surveyor, if the parties agree; and the surveyors shall attend according to the order of the court, and make the surveys, and shall make as many accurate plans thereof as shall be ordered by the court; and for such surveys the court shall make a proper allowance, to be taxed as among the costs of the suit.

Code, s. 939; R. C., c. 31, s. 119; 1779, c. 157; 1786, c. 252.

1505. Contiguous lands held under one survey, how. Whenever any person owns several tracts of land which are contiguous or adjoining, but held under different deeds and different surveys, it may be lawful for any such person to have all such bodies of land included in one common survey by running around the lines of the outer tracts, and thereupon the possession of any part of said land covered by such common survey shall be deemed and held in law as a possession of the whole and every part thereof: Provided, that nothing in this section shall be construed to affect the rights or claims of persons which have already accrued to any part of said land. In all cases where such common surveys are made as directed by this section, the same may be recorded and registered as in cases of deeds, and shall be evidence in like manner.

Code, s. 1277; 1869-70, c. 34, ss. 1, 2.

NOTE. For jurisdiction to quiet titles, see s. 1589.

For jurisdiction to sell contingent remainders, see s. 1590.

III. TERMS OF COURT.

1506. When held. A superior court shall be held by a judge thereof at the courthouse in each county. The state shall be divided into sixteen judicial districts, and the superior courts in the several counties shall be opened and held at the times hereinafter set forth, and each court shall continue in session one week, except as hereinafter provided, unless the business thereof shall be sooner disposed of, namely:

FIRST DISTRICT.

The first district shall be composed of the following counties, and the superior courts thereof shall be held at the following times, to-wit:

Beaufort County-Third Monday before the first Monday in March, to continue two weeks; sixth Monday after the first Monday in March, for the trial of civil cases exclusively; tenth Monday after the first Monday in March, for the trial of criminal cases exclusively; sixth Monday after the first Monday in September, to continue two weeks, the second week for the trial of civil cases exclusively; thirteenth Monday after the first Monday in September, to continue three weeks, the last two weeks for the trial of civil cases exclusively. The board of commissioners of the county of Beaufort is hereby authorized not to draw a jury for the second and third weeks, or for either of the December terms of the superior court herein provided for, when in their opinion the business of the court does not require it.

Currituck County-First Monday before the first Monday in March; first Monday in September.

Camden County-First Monday in March; first Monday after the first Monday in September.

Pasquotank County-First Monday after the first Monday in January, to continue two weeks, for civil business only; first Monday after the first Monday in March, to continue two weeks, for criminal and civil business; second Monday after the first Monday in September, to continue one week, for criminal and civil business; twelfth Monday after the first Monday in September, to continue one week, for civil business only.

Perquimans County-Third Monday after the first Monday in March and September.

Chowan County-Fourth Monday after the first Monday in March and September.

Gates County-Fifth Monday after the first Monday in March and September.

Washington County-Seventh Monday after the first Monday in March; eighth Monday after the first Monday in September.

Tyrrell County-Eighth Monday after the first Monday in March; ninth Monday after the first Monday in September.

Hyde County-Eleventh Monday after the first Monday in March; eleventh Monday after the first Monday in September.

Dare County-Ninth Monday after the first Monday in March; tenth Monday after the first Monday in September.

1901, cc. 28, 29, s. 2; 1903, c. 685; 1905, c. 514.

SECOND DISTRICT.

The second district shall be composed of the following counties, and the superior courts thereof shall be held at the following times, to-wit:

Halifax County-Fifth Monday before the first Monday in March, to be for the trial of criminal cases exclusively, and to continue for one week; first Monday in March; the thirteenth Monday after the first Monday in March; the second Monday before the first Monday in September; twelfth Monday after the first Monday in September. The four terms last mentioned each to continue for two weeks.

Northampton County-Sixth Monday before the first Monday in March, to be for the trial of civil actions exclusively, except jail cases on the criminal docket, and to continue one week; third Monday after the first Monday in March, to continue two weeks; first Monday in August, to be for the trial of civil cases exclusively, except jail cases on the criminal docket, to continue one week; the eighth Monday after the first Monday in September, to continue two weeks.

Warren County-Third Monday before the first Monday in March, to continue one week; fifteenth Monday after the first Monday in March, to continue two weeks, and the second Monday after the first Monday in September, to continue two weeks.

Bertie County-Second Monday before the first Monday in March, and the first Monday after the first Monday in September, each to be for the trial of civil cases exclusively, except jail cases on the criminal docket; eighth Monday after the first Monday in March, to continue for two weeks; tenth Monday after the first Monday in September, to continue for two weeks.

Hertford County-Seventh Monday after the first Monday in March; sixth Monday after the first Monday in September, to continue for two weeks, unless sooner adjourned by the court; third Monday before the first Monday in September, which shall be for the trial of criminal cases exclusively; first Monday before the first