Sec. 13. Pleadings shall be made up and issues joined before the clerk. After pleadings have been so made up and issues joined, the clerk shall forthwith transmit the original papers in the cause to the court at term for trial upon the issues, when the case shall be proceeded with according to the course and practice of the court, and on appeal with the same procedure as is now in force. Sec. 14. The judge shall, upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, verdict, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect, and may supply an omission in any proceeding. The clerk may hear and pass upon motions to set aside judg ments rendered by him, whether for irregularity or under this section, and an appeal from his order on such motion shall lie to the judge at the next term, who shall hear and pass upon such motion de novo: Provided, however, nothing in this section shall be construed to affect the rights of innocent purchasers for value in foreclosure proceedings where personal service is obtained. Sec. 15. All motions to remove as a matter of right shall be made before the clerk, who is authorized to make all necessary orders, and an ap peal shall lie from such order upon such motion to the judge at the next term, who shall hear and pass upon such motion de novo. Sec. 16. Motions to remove to the Federal Court shall be made before the clerk, and an appeal shall lie from his order to the judge at the next term, who shall hear and pass upon such motion de novo. Sec. 17. If the action is not founded on a contract, or is founded on a contract and the sum demanded exceeds two hundred dollars, a warrant of attachment may be obtained from the judges of the district embracing the county in which the action was begun, or from the clerk of the Superior Court from which the summons in the action issued; and it may be issued to any county in the State where the defendant has property, money, effects, choses in action, or debts due him, and shall be made returnable before the clerk at the same time and place to which the summons is returnable. Sec. 18. Nothing herein contained shall be construed to prevent the resident judge or the judge holding courts in any district from making such orders and decrees as are now provided in injunctions and other provisional and extraordinary remedies, or from extending the time to answer in all cases upon motion upon five days' notice as to time and place, which are to be fixed by the judge; and the judge in his discretion may in term time allow any amendment of pleadings on file, or allow the filing of any other pleadings in all cases transferred to the civil issue docket for trial. Sec. 19. Nothing herein contained shall be construed to deprive the clerk of the court, or the parties by agreement, from extending the time for filing the pleadings or perfecting appeals, or agreeing upon the time and place for hearing argument upon the demurrer or other matters, unless otherwise provided by this act. Sec. 19a. When appeals are taken from judgments of the clerk or judge not made in term time, the clerk is authorized to make any and all necessary orders for the perfecting of such appeals. Sec. 20. The Supreme Court is hereby vested with the power to prescribe from time to time the modes of making and filing proceedings, actions, and pleadings, and of entering orders and judgments and recording the same, and to prescribe and regulate the practice on appeals to the Supreme Court, and in the trial of actions in the Superior Court, and before referees: Provided, no rule or regulation so adopted shall be in conflict with this act or any of the provisions of the Consolidated Statutes of 1919. Such rules as may be adopted by the Supreme Court shall be printed and distributed by the Secretary of State as are the reports of the Su preme Court. Ex. 1921, c. 92. RULES OF PROCEDURE UNITED STATES DISTRICT COURTS BOTH DISTRICTS. FORMULATED BY JUDGES BOYD, CONNOR AND WEBB. The summons in all civil actions brought in the District Court shall be made returnable at a date named therein, not less than ten days, or more than twenty days, from the issuance of said writ and shall be served by delivering a copy thereof to each of the defendants. Provided that, in all cases where service of summons has to be made by publication, the summons may be made returnable within forty days from the commencement of the action. The complaint shall be filed in the clerk's office on, or before, the Return Day of the summons: Provided that, for good cause shown the Judge may extend the time to a day certain; Provided that, should complaint be not filed in the clerk's office on, or before, the return day of the summons; and Provided that, the time for filing complaint has not been extended by the Court in writing; it shall be the duty of the clerk, upon written mo tion of the defendant or his attorneys, to dismiss the action at the cost of the plaintiff. The answer, or demurrer, shall be filed within twenty days after the Return Day, or within twenty days after the service of complaint, upon each of the defendants, or within twenty days after the final determination of the motion to remove, as a matter of right. If the time is extended for filing complaint, the defendants shall have twenty days after the final day fixed for such extension, in which to file the answer or demurrer, or after service of the complaint upon each of the defendants. Provided that, where the complaint is not served, and for good cause shown, the judge may extend the time for filing answer or demurrer to a day certain. The reply, if any, shall be filed within ten days after the filing of the answer: Provided that, for good cause shown the judge may extend the time for filing the reply to a day certain. If a demurrer is filed the plaintiff may be allowed by the judge to amend. If plaintiff fails to amend within five days after notice, the parties may agree upon a time and place for hearing the same before the judge of the district, and upon such agreement it shall be the duty of the clerk forthwith to send the complaint and demurrer to the judge of the district, addressed either to his official residence or such place as he may be, at the time of holding a term of the court, who shall hear and pass upon the demurrer, after five days' notice to counsel for each party. Provided that, if there be no agreement between the parties as to the time and place of hearing the same before the judge of the district, it shall be the duty of the clerk to send the complaint and demurrer to the judge of the district who shall hear and pass upon the demurrer after five days' notice to counsel for each party. Upon the decision of the demurrer, if either party desire to sue out a writ of error, or appeal, notice shall be given and the writ of error, or appeal, perfected as is now provided in cases of appeal or writs of error from decisions rendered in term. Within ten days after the receipt of the mandate from the Circuit Court of Appeals, if there be an appeal, or a writ of error and the demurrer be sustained, the plaintiff may move, upon ten days' notice, before the judge, for leave to amend the complaint. If this be not granted, judg ment shall be entered upon the pleadings in accordance with the decision of the judge, or the mandate of the Circuit Court of Appeals. If the demurrer be overruled, answer must be filed within ten days after the receipt of the judgment, if there be no appeal or writ of error within ten days after the receipt of the mandate of the Circuit Court of Appeals, if there be a writ of error or appeal, if the demurrer be sustained. The clerk shall immediately, upon receipt of such mandate, notify counsel for each party of the decision of the Circuit Court of Appeals. If no answer is filed to the complaint, the plaintiff shall be entitled to judgment by default final, or default and inquiry, in accordance with the character of the cause of action and the course and practice of the court. Judgment by default final shall be duly recorded on his minutes by the clerk, and be docketed and indexed on the judgment docket in the same manner as judgments rendered in term and shall, in all respects, be and become judgments of the court and of the same force and effect as if rendered in term. In all cases where judgment by default and inquiry shall be entered, the clerk shall docket the case for trial at the next succeeding term of the court upon the issue raised by the pleadings for the jury as provided by law and the cause shall be proceeded with in accordance with the course and practice of the court in such cases. No judgment shall be entered, except as herein otherwise provided, except on the first Monday of the month next succeeding the Return Day of the summons or the filing of the complaint as herein before provided for. The clerk shall, upon failure of the defendant to file answer, forthwith transmit to the judge of the district the summons, complaint and other papers filed in the cause, together with the judgment drawn by plaintiff's counsel, to be signed and returned forthwith to the clerk. Liens of all judgments rendered on the same Monday shall each be of equal priority, as if docketed on said first Monday, and the first Monday of each month shall be held and construed in determining the priority of the judgment liens as a term of the court and the first day thereof. If the plaintiff, or plaintiffs, shall cause a copy of the complaint to be served on any of the days either at the time of issuing the summons or thereafter, judgment shall be entered, as hereinbefore provided, as to the defendants served with a copy of the complaint, on the first Monday next after the expiration of time to answer. Pleadings shall be made up and issues joined before the clerk. After pleadings have been so made up and issues joined, the clerk shall forthwith enter the case upon the trial docket when further proceedings shall be had in accordance with the course and practice of the court. Before process shall issue, either in an action at law or in equity, the plaintiff shall file with the clerk a Prosecution Bond, in the sum of $200.00, with good and sufficient surety. Provided that, no Prosecution Bond shall be required when the plaintiff or complainant is an officer of this court, or when the suit shall be brought by the United States as plaintiff in interest. (The clause in black face applies only to the Western District.) Before process shall issue, the plaintiff shall make a deposit with the clerk of this court in the sum of $25.00, or a greater sum in the discretion of the clerk, to cover the cost to be incurred in behalf of plaintiff. Before docketing a case removed from a State Superior Court, the clerk of this court shall require of the defendant a deposit of $25.00 to cover the cost to be incurred in this court in behalf of the defendant. Before entering appearance of defendant or filing answer of defendant, the clerk of this court shall require of the defendant a deposit of $25.00 to cover the cost to be incurred in this court in behalf of defendant. DIVISIONS OF THE UNITED STATES DISTRICT COURTS EASTERN DISTRICT. Elizabeth City Division... Laurinburg Division.... New Bern Division.... Raleigh Division.. Washington Division... Wilmington Division.... Wilson Division.... Court at Elizabeth City consists of Court at New Bern-Carteret, Cra Court at Raleigh—Chatham, Cumber land, Durham, Franklin, Granville. Harnett, Johnston, Lee, Moore, Person, Wake, Warren and Vance Coun ties, and Roanoke Rapids and Littleton Townships in Halifax County. Court at Washington-Beaufort, Hyde, Martin, Pitt, and Washington Counties. Court at Wilmington-Brunswick, Columbus, Duplin, New Hanover, Pender and Sampson Counties. Court at Wilson-Bertie, Edgecombe, Halifax (except that portion included within Roanoke Rapids and Littleton Townships), Nash, Northamp ton, Wayne and Wilson Counties. WESTERN DISTRICT. Asheville Division.. Charlotte Division.. Greensboro Division... Bun Court at Asheville-Avery, ..Court at Charlotte-Anson, Cabarrus, Cleveland, Gaston, Lincoln, Mecklen burg, Rutherford and Union Counties. ...Court at Greensboro-Alamance, Caswell, Forsyth, Guilford, Montgomery Orange, Randolph, Rockingham, Stokes, Surry and Yadkin Counties. Statesville and Salisbury Division.. Courts at Statesville and Salisbury Wilkesboro Division.. Alexander, Burke, Caldwell, Catawba, ...Court at Wilkesboro-Alleghany, ARTICLES OF INCORPORATION OF TOBACCO GROWERS' CO-OPERA TIVE ASSOCIATION. We, the undersigned, a majority of whom are residents and citizens of the State of North Carolina, engaged in the production of agricul tural products, do hereby voluntarily associate ourselves together for the purpose of forming a co-operative marketing association, without capital stock, under the provisions of the Co-Operative Marketing Act of the State of North Carolina. I. The name of this Association shall be TOBACCO GROWERS' CO-OPERATIVE ASSOCIATION. II. The purposes for which this Association is formed are: and to en mini a. To promote, foster courage the business of marketing tobacco co-operatively; mize speculation and waste in the production and marketing of tobacco and tobacco products; to stabilize tobacco markets; to handle co-operatively and collectively the problems of tobacco growers; b. To engage in any activity in connection with the grading, handling, processing, drying, storing shipping, warehousing, manufacturing, and marketing of tobacco or toAssociation bacco products of the and of its members; and in the financing of any of said operations; c. To purchase and sell any tobacco or tobacco products of its members; and to purchase and to sell to its members machinery. equipment or supplies used in any of the above mentioned activities either by the Association or by the members thereof; d. To borrow money and to make advances to the members of the Association; and to incur indebtedness without limitation; e. To lend money to the members of the Association, in connection with any of the said activities, upon any adequate security; and to accept as collateral for any such loans. warehouse receipts, mortgages, any other kind of property or security permitted by law; or f. To sell, issue, discount or borrow money upon any commercial paper or negotiable instruments, or promissory notes, or warehouse receipts, or mortgages, or bonds, or any other kind of property or security owned by or under the control of the Association; g. To act as the agent, representative, or broker of its members in any of the above activities; h. To purchase, or otherwise ac quire, and to hold, own, exercise all rights of ownership over, sell, transfer or pledge or guarantee the redemption or retirement of and the payment of dividends or interest on shares of the capital stock, or bonds, or securities of any corporation or association engaged in the processing, or drying, or grading, or storing or shipping, or handling, or manufacturing, or marketing of any tobacco or tobacco products, in furtherance of any of the above mentioned activities. i. To buy, hold, lease, construct, contract for the use of and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of any of the business of the Association; j. To acquire, own, develop any interest in patents, trade-marks or with the copyrights, connected handling or manufacturing or marketing of the tobacco or tobacco products of the Association or its members; k. And to do each and everything necessary, suitable or proper in the judgment of the Directors of this Association, anywhere throughout the world, for the accomplishment of any of the purposes or attainment of any one or more of the objects herein enumerated, or which shall at any time appear conducive to or expedient for the interests or benefit of the Association and the |