RuFFiMyC.  J.  The  question  arises  upon  an  Act  of  1844,
Ch.  12.  It  enacts  that  it  shall  not  be  lawful  for  the
courts  of  Pleas  and  Quarter  Sessions  for  Buncombe,  and
other  ennumerated  Counties,  to  try  any  causes,  where  a
jury  may  be  necessary  nor  to  summon  a  jury  to  attend
the  courts.  It  further  provides  that  all  suits  in  those
counties,  whether  civil  or  criminal,  shall  originate  in  the
Superior  Courts,  and  all  appeals  from  justices  of  the
peace  in  civil  cases,  and  all  recognizances  by  them  taken
in  criminal  cases,  shall  be  returned  to  the  Superior  Court;
and  that  when  a  will  is  brought  into  the  County  Court,
for  probate  and  is  contested,  a  transcript  of  the  proceed-
ings, together  with  the  original  will,  shall  be  sent  to  the
Superior  Court  and  the  issue  to  be  tried  there ;  and  that
a  certificate  of  the  decisions  and  the  will  shall  be  remit*
ted  to  the  County  Court  and  there  recorded  as  evidenoe
of  the  probate  of  the  will  or  its  rejection.  A  similar  pro-
vision is  made  as  to  caveats  of  entries  of  land.  Taking
the  Act  of  1844  in  connection  with  the  general  laws  reg-
ulating the  local  police,  as  administed  in  the  County
Courts,  and  particularly  with  the  bastardy  act,  it  seems
to  the  court,  that,  in  the  state  in  which  this  case  was  in
the  County  Court,  the  jurisdiction  of  that  court  over  it  is
not  ousted.  By  the  general  act  Rev.  St.  Ch.  12,  the
County  Court  is  the  tribunal  to  make  the  orders  for  the
allowances  necessary  for  the  maintainance  of  a  bastard
child,  and  taking  bond  and  security  for  the  performance
of  the  orders  and  indemnifying  the  County  from  charge
therefor.  It  is  true,  an  issue  is  allowed  to  the  person
charged,  and  an  appeal  is  given  to  either  side.  But  it
has  been  the  uniform  course  in  cases  of  that  kind,  as  in
those  of  contested  wills  and  road  cases,  after  a  decision  in
the  Superior  Court,  to  remit  the  cause  with  a  certificate
of  the  decision  and  directions  to  the  County  Court,  to  car-
ry it  into  efiect.  That  is  obviously  the  more  convenient
and  proper  method  of  proceeding  in  all  those  cases,  and
\n  construing  the  act  of  1844,  it  must  be  assumed^  thai


AUGUST  TERM,  1848.  488

State  V.  Sludtr.
