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286 COURTS. "M8--49
form the duties enjoined upon him or them by this act, the
clerk so failing shall forfeit and pay the sum of one hundred
dollars for each and every offence, to be recovered by action
of debt in the name of the State, and to be applied to the use
of said county of Burke.
Sec. 5. Be it further enacted, That from and after the
first day of March next, all suits, except such as aie cogni-zable
by a single magistrate, in said county, whether civil or
criminal, shall originate in the superior court of said county:
and all appeals from the justices of the peace in said county
in civil cases, and all recognizances by them taken in crim-inal
cases, shall be returnable to the next Superior court of
Burke county.
Sec. G. Be it further enacted, That when any will or
paper purporting to be the last will and testament of any
person, is brought into the court of pleas and quarter sessions
for probate, and the probate of which is contested, the clerk
shall immediately enter the same on the docket to be kept
by him for that purpose, and shall, within len days after the
expiration of the said term of the court at which the .=aid
will or paper purporting to be a will was presented, make
out a transcript from his docket, which transcript, with the
original will or paper purporting to be a will, shall be deliv-ered
by him to the clerk of the Superior court of said coun-ty
of Burke ; and the clerk of the Superior court aforesaid
is hereby authorized to receive and enter the same on his
docket, and, on application of either plaintifi or defendant,
to issue subpoenas for the attendance of witnesses ; and tlie
said Superior court shall have full power and authority to
hear, settle and determine such case or cases; and it is also
declared to he the duty of the clerk of the Superior court of
said county, whenever a case may be determined in accor-dance
with the foregoing provisions, to issue a certificate
thereof to the clerk of the court of pleas and quarter sessions
in which the same originated, witii the original Vv-ill or pa-per,
which shall be recorded by llie county court as evidence
of the probate or rejection of said will or paper : and also
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| Title | Page 292 |
| Full Text | 286 COURTS. "M8--49 form the duties enjoined upon him or them by this act, the clerk so failing shall forfeit and pay the sum of one hundred dollars for each and every offence, to be recovered by action of debt in the name of the State, and to be applied to the use of said county of Burke. Sec. 5. Be it further enacted, That from and after the first day of March next, all suits, except such as aie cogni-zable by a single magistrate, in said county, whether civil or criminal, shall originate in the superior court of said county: and all appeals from the justices of the peace in said county in civil cases, and all recognizances by them taken in crim-inal cases, shall be returnable to the next Superior court of Burke county. Sec. G. Be it further enacted, That when any will or paper purporting to be the last will and testament of any person, is brought into the court of pleas and quarter sessions for probate, and the probate of which is contested, the clerk shall immediately enter the same on the docket to be kept by him for that purpose, and shall, within len days after the expiration of the said term of the court at which the .=aid will or paper purporting to be a will was presented, make out a transcript from his docket, which transcript, with the original will or paper purporting to be a will, shall be deliv-ered by him to the clerk of the Superior court of said coun-ty of Burke ; and the clerk of the Superior court aforesaid is hereby authorized to receive and enter the same on his docket, and, on application of either plaintifi or defendant, to issue subpoenas for the attendance of witnesses ; and tlie said Superior court shall have full power and authority to hear, settle and determine such case or cases; and it is also declared to he the duty of the clerk of the Superior court of said county, whenever a case may be determined in accor-dance with the foregoing provisions, to issue a certificate thereof to the clerk of the court of pleas and quarter sessions in which the same originated, witii the original Vv-ill or pa-per, which shall be recorded by llie county court as evidence of the probate or rejection of said will or paper : and also |
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