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He in his turn yielded to Smith, who had returned from England. In 1740 John Montgomery became Chief-Justice, and was succeeded in 1744 by Edward Mosely, a man of real ability. He died in 1749, and was succeeded in turn by Enoch Hall, Eleazar Allen, James Hazell, and Peter Henly respectively. In 1746 an important change was made in the Court Law. Up to this time the Chief-Justice sat with from two to ten as sistants, who were simple justices of the peace. Indeed it is not certain that all the Chief-Justices even were lawyers. By that act all writs were issued from the court at Newbern, and all pleadings were filed there; but trial of the issues could be had at the nisi prius terms held by the ChiefJustice and associates at Edenton, Enfield, and Wilmington. Three Associates were appointed under this act, who were required to be lawyers. Charles Berry became ChiefJustice in 1760, and committed suicide in 1766. In 1767 the Province was divided into five judicial districts, — Edenton, New bern, Wilmington, Halifax, and Hillsboro, — in each of which towns a court was held twice each year by the Chief-Justice and his Associates. The Chief-Justice was Martin Howard, and the Associates were Richard Henderson and Maurice Moore. Judge Hen derson was the father of Chief-Justice Leonard Henderson, and Judge Moore was the father of Justice Alfred Moore, of the U. S. Supreme Court. This Act of 1767 expired at the end of five years; and in con sequence of disagreement between the Gov ernor and the Legislature, there were no courts in the Province between 1773 and 1777. After August, 1775, till the Judiciary Act adopted Nov. 15, 1777, by the new State gov ernment, the judicial functions were perforce discharged by the Committees of Safety. Under the Provincial government the Chief-Justice was a member of the Council or Upper House of the General Assembly, which also shared largely in the executive functions. The Constitution of 1776, on the

contrary, made both the Executive and Judi ciary dependent upon the General Assembly, which was elected annually. Though the judges were to hold office during good behavior, their offices could be abolished at the will of the legislature, and there was no inhibition against a decrease of their salaries. The Constitution of 1835 prohib ited a decrease of a judge's salary during his continuance in office. The Constitution of 1868 made the Supreme Court a part of the Constitution and beyond repeal by legislative action, and fixed the term of office at eight years, and made it an independent part of the Government, free from control by the legislative or executive departments. The judiciary inferior to the Supreme Court is still, however, left subject to legislative action, except that the term of office of the Superior Court judges is fixed at eight years, and the salary of no judge can be diminished during his continuance in office. By the Judiciary Act of 1777 the State was divided into six districts, — Wilmington, Newbern, Edenton, Hillsboro, Halifax, and Salisbury. In 1782 Morganton was added, and in 1787 Fayetteville, making eight in all. At each of these a court was held twice each year by three judges. The first judges elected were Samuel Spencer of Anson, Samuel Ashe of New Hanover, and James Iredell of Chowan. After riding one circuit Iredell resigned, and was succeeded by John Williams of Granville. Iredell was a very able man, and was subsequently appointed by Washington a Justice of the Supreme Court of the United States. Judge Ashe held office till he was elected Governor in 1795, Spencer till his death in 1794, and Williams till his death in 1799. The death of Judge Spencer was singular. In old age he was asleep on a warm day in a chair under the shade of a tree. A turkey cock, enraged by a red cap or handkerchief which the Judge wore to keep off the flies, assaulted him. Either by the blow of the gobbler, or by the fall from his chair caused by the assault, the old Judge died.