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SEC. 18. The House of Representatives shall choose their own Speaker d other officers.

SEC. 19. The Lieutenant-Governor shall preside in the Senate, but shall ve no vote unless it may be equally divided.

SEC. 20. The Senate shall choose its other officers and also a Speaker (pro apore) in the absence of the Lieutenant-Governor, or when he shall exere the office of Governor.

SEC. 21. The style of the acts shall be: "The General Assembly of North olina do enact."

SEC. 22. Each House shall be judge of the qualifications and elections of own members, shall sit upon its own adjournment from day to day, prepare s to be passed into laws; and the two Houses may also jointly adjourn any future day or other place.

SEC. 23. All bills and resolutions of a legislative nature shall be read three es in each House before they pass into laws, and shall be signed by the siding officers of both Houses.

SEC. 24. Each member of the General Assembly, before taking his seat, I take an oath or affirmation that he will support the Constitution and laws he United States, and the Constitution of the State of North Carolina, and faithfully discharge his duty as a member of the Senate or House of Repreatives.

SEC. 25. The terms of office for Senators and members of the House of resentatives shall commence at the time of their election.

SEC. 26. Upon motion made and seconded in either House by one-fifth of the ibers present, the yeas and nays upon any question shall be taken and enI upon the journals.

SEC. 27. The election for members of the General Assembly shall be held he respective districts and counties, at the places where they are now held, ay be directed hereafter to be held, in such manner as may be prescribed Iw, on the first Thursday in August, in the year one thousand eight hundred seventy, and every two years thereafter. But the General Assembly may ge the time of holding the elections.

SEC. 28. The members of the General Assembly for the term for which they · been elected shall receive as a compensation for their services the sum of dollars per day for each day of their session, for a period not exceeding 7 days; and should they remain longer in session they shall serve without pensation. They shall also be entitled to receive ten cents per mile, both e coming to the seat of government and while returning home, and said ince to be computed by the nearest line or route of public travel. The comation of the presiding officers of the two Houses shall be six dollars per and mileage. Should an extra session of the General Assembly be called, members and presiding officers shall receive a like rate of compensation for riod not exceeding twenty days.

SEC. 29. The General Assembly shall not pass any local, private, or special or resolution relating to the establishment of courts inferior to the Superior rt; relating to the appointment of justices of the peace; relating to health, tation, and the abatement of nuisances; changing the names of cities, towns townships; authorizing the laying out, opening, altering, maintaining, or ontinuing of highways, streets or alleys; felating to ferries or bridges; reig to non-navigable streams; relating to cemeteries; relating to the pay of rs; erecting new townships, or changing township lines, or establishing or aging the lines of school districts; remitting fines, penalties, and forfeitures. refunding moneys legally paid into the public treasury; regulating labor, le, mining, or manufacturing; extending the time for the assessment or colion of taxes or otherwise relieving any collector of taxes from the due pernance of his official duties or his sureties from liability; giving effect to rmal wills and deeds; nor shall the General Assembly enact any such local, rate or special act by the partial repeal of a general law, but the General embly may at any time repeal local, private, or special laws enacted by it. 7 local, private, or special act or resolution passed in violation of the provi

sions of this section shall be void. The General Assembly shall have power pass general laws regulating matters set out in this section.3

ARTICLE III.

EXECUTIVE DEPARTMENT.

SECTION 1. The Executive Department shall consist of a Governor, in who shall be vested the supreme executive power of the State, a Lieutenant-Go ernor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Publi Instruction, and an Attorney-General, who shall be elected for a term of for years by the qualified electors of the State, at the same time and places and the same manner as members of the General Assembly are elected. Their tem of office shall commence on the first day of January next after their electio and continue until their successors are elected and qualified: Provided, that officers first elected shall assume the duties of their office ten days after approval of this Constitution by the Congress of the United States, and hold their offices four years from and after the first day of January.

SEC. 2. No person shall be eligible as Governor or Lieutenant-Governor less he shall have attained the age of thirty years, shall have been a citizen the United States five years, and shall have been a resident of this State two years next before the election; nor shall the person elected to either of the two offices be eligible to the same office more than four years in any term eight years, unless the office shall have been cast upon him as Lieutenant-G ernor or President of the Senate.

SEC. 3. The return of every election for officers of the Executive De ment shall be sealed up and transmitted to the seat of government by the ret ing officers, directed to the Speaker of the House of Representatives, who open and publish the same in the presence of a majority of the members both Houses of the General Assembly. The person having the highest numb of votes respectively shall be declared duly elected; but if two or more be e and highest in votes for the same office, then one of them shall be chosen by ballot of both Houses of the General Assembly. Contested elections shall determined by a joint ballot of both Houses of the General Assembly in manner as shall be prescribed by law.

SEC. 4. The Governor, before entering upon the duties of his office, in the presence of the members of both branches of the General Assembly before any Justice of the Supreme Court, take an oath or affirmation that will support the Constitution and laws of the United States, and of the S of North Carolina, and that he will faithfully perform the duties appertain to the office of Governor, to which he has been elected.

SEC. 5. The Governor shall reside at the seat of government of this S and he shall, from time to time, give the General Assembly information of affairs of the State, and recommend to their consideration such measures as shall deem expedient.

SEC. 6. The Governor shall have power to grant reprieves, commutatie and pardons, after conviction, for all offenses (except in cases of impeachment upon such conditions as he may think proper, subject to such regulations may be provided by law relative to the manner of applying for pardons. shall biennially communicate to the General Assembly each case of repre commutation or pardon granted, stating the name of each convict, the cra for which he was convicted, the sentence and its date, the date of commutatio pardon or reprieve, and the reasons therefor.

SEC. 7. The officers of the Executive Department and of the public institu tions of the State shall, at least five days previous to each regular session a the General Assembly, severally report to the Governor, who shall transmit sal reports, with his message, to the General Assembly; and the Governor may, a any time, require information in writing from the officers in the Execum Department upon any subject relating to the duties of their respective of and shall take care that the laws be faithfully executed.

Section 29 is a new section; it was proposed by the general assembly of 197 and ratified on Nov. 7, 1916. See Section 12, Article II.

SEC. 8. The Governor shall be Commander-in-Chief of the militia of the ate, except when they shall be called into the service of the United States. SEC. 9. The Governor shall have power, on extraordinary occasions, by d with the advice of the Council of State, to convene the General Assembly in tra session by his proclamation, stating therein the purpose or purposes for ich they are thus convened.

SEC. 10. The Governor shall nominate and, by and with the advice and isent of a majority of the Senators-elect, appoint all officers whose offices are ablished by this Constitution and whose appointments are not otherwise profed for.

SEC. 11. The Lieutenant-Governor shall be President of the Senate, but ll have no vote unless the Senate be equally divided. He shall, whilst acting President of the Senate, receive for his services the same pay which shall, the same period, be allowed to the Speaker of the House of Representatives; I he shall receive no other compensation except when he is acting as Gov

or.

SEC. 12. In case of the impeachment of the Governor, his failure to qualify, absence from the State, his inability to discharge the duties of his office, in case the office of Governor shall in any wise become vacant, the powers. es and emoluments of the office shall devolve upon the Lieutenant-Governor 1 the disability shall cease or a new Governor shall be elected and qualified. wery case in which the Lieutenant-Governor shall be unable to preside over Senate, the Senators shall elect one of their own number President of their ; and the powers, duties and emoluments of the office of Governor shall lve upon him whenever the Lieutenant-Governor shall, for any reason, be ented from discharging the duties of such office as above provided, and he I continue as acting Governor until the disabilities are removed, or a new ernor or Lieutenant-Governor shall be elected and qualified. Whenever, ng the recess of the General Assembly, it shall become necessary for the ident of the Senate to administer the government, the Secretary of State I convene the Senate, that they may elect such President. .SEC. 13. The respective duties of the Secretary of State, Auditor, Treasurer, erintendent of Public Instruction, and Attorney-General shall be prescribed aw. If the office of any of said officers shall be vacated by death, resignaor otherwise, it shall be the duty of the Governor to appoint another until disability be removed or his successor be elected and qualified. Every such ncy shall bẹ filled by election at the first general election that occurs more thirty days after the vacancy has taken place, and the persons chosen I hold the office for the remainder of the unexpired term fixed in the first lon of this article.

SEC. 14. The Secretary of State, Auditor, Treasurer and Superintendent of lie Instruction shall constitute, ex officio, the Council of State,' who shall se the Governor in the execution of his office, and three of whom shall conite a quorum. Their advice and proceedings in this capacity shall be entered journal to be kept for this purpose exclusively, and signed by the members ent, from any part of which any member may enter his dissent; and such nal shall be placed before the General Assembly when called for by either Ise. The Attorney-General shall be, ex officio, the legal adviser of the ExecuDepartment.

SEC. 15. The officers mentioned in this article shall, at stated periods, ree for their services a compensation to be established by law, which shall her be increased nor diminished during the time for which they shall have ■ elected, and the said officers shall receive no other emolument or allowance Itever.

SEC. 16. There shall be a seal of the State, which shall be kept by the ernor, and used by him as occasion may require, and shall be called "The at Seal of the State of North Carolina." All grants and commissions shall Issued in the name and by the authority of the State of North Carolina, sealed h "The Great Seal of the State," signed by the Governor and countersigned the Secretary of State.

SEC. 17. The General Assembly shall establish a Department of Agriculture,

Immigration and Statistics, under such regulations as may best promote the agricultural interests of the State, and shall enact laws for the adequate pro tection and encouragement of sheep husbandry.

ARTICLE IV.

JUDICIAL DEPARTMENT.

SECTION 1. The distinctions between actions at law and suits in equity, an the forms of all such actions and suits, shall be abolished; and there shall in this State but one form of action for the enforcement or protection of privat rights or the redress of private wrongs, which shall be denominated a ci action; and every action prosecuted by the people of the State as a party agai a person charged with a public offense, for the punishment of the same, shall termed a criminal action. Feigned issues shall also be abolished, and the at issue tried by order of Court before a jury.

SEC. 2. The judicial power of the State shall be vested in a Court for Trial of Impeachments, a Supreme Court, Superior Courts, Courts of Justia of the Peace, and such other Courts inferior to the Supreme Court as may established by law.

SEC. 3. The Court for the Trial of Impeachments shall be the Senate.. majority of the members shall be necessary to a quorum, and the judge shall not extend beyond removal from, and disqualification to hold, office this State; but the party shall be liable to indictment and punishment accom to law.

SEC. 4. The House of Representatives solely shall have the power of peaching. No person shall be convicted without the concurrence of two-thir the Senators present. When the Governor is impeached the Chief Justice preside.

SEC. 5. Treason against the State shall consist only in levying war aga it, or adhering to its enemies, giving them aid and comfort. No person be convicted of treason unless on the testimony of two witnesses to the overt act, or on confession in open Court. No conviction of treason or attain shall work corruption of blood or forfeiture.

SEC. 6. The Supreme Court shall consist of a Chief Justice and four ciate Justices.4

SEC. 7. The terms of the Supreme Court shall be held in the city of Rale as now, until otherwise provided by the General Assembly.

SEC. 8. The Supreme Court shall have jurisdiction to review, upon app any decision of the Courts below, upon any matter of law or legal inferen And the jurisdiction of said Court over "issues of fact" and "questions of f shall be the same exercised by it before the adoption of the Constitution of thousand eight hundred and sixty-eight, and the Court shall have the p to issue any remedial writs necessary to give it a general supervision and trol over the proceedings of the inferior Courts.

SEC. 9. The Supreme Court shall have original jurisdiction to hear cla against the State, but its decisions shall be merely recommendatory; no pro in the nature of execution shall issue thereon; they shall be reported to next session of the General Assembly for its action.

SEC. 10. The State shall be divided into nine judicial districts, for eac which a Judge shall be chosen; and there shall be held a Superior Court in county at least twice in each year, to continue for such time in each county may be prescribed by law. But the General Asesmbly may reduce or incre the number of districts.

SEC. 11. Every Judge of the Superior Court shall reside in the district which he is elected. The judges shall preside in the courts of the different d tricts successively, but no judge shall hold the courts in the same distri oftener than once in four years; but in case of the protracted illness of th judge assigned to preside in any district, or of any other, unavoidable acciden to him, by reason of which he shall be unable to preside, the Governor ma Amendment proposed by the general assembly of 1887 and ratified on Nov. 1888: The amendment provided for "four" associate justices instead of "two" as in te original constitution.

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equire any judge to hold one or more specified terms in said district, in lieu f the judge assigned to hold the courts of, the said district; and the General ssembly may by general laws provide for the selection of special or emergency idges to hold the Superior Courts of any county or district, when the judge signed thereto by reason of sickness, disability, or other cause, is unable to tend and hold said court, and when no other judge is available to hold the me. Such special or emergency judges shall have the power and authority regular judges of the Superior Courts, in the courts which they are so apinted to hold; and the General Assembly shall provide for their reasonable mpensation.5

SEC. 12. The General Assembly shall have no power to deprive the Judid Department of any power or jurisdiction which rightfully pertains to it as coordinate department of the government; but the General Assembly shall ot and distribute that portion of this power and jurisdiction which does not rtain to the Supreme Court, among other Courts prescribed in this Constitution which may be established by law, in such manner as it may deem best; prole also a proper system of appeals, and regulate by law, when necessary, the thods of proceedings in the exercise of their powers, of all the courts below Supreme Court, so far as the same may be done without conflict with other wisions of this Constitution.

SEC. 13. In all issues of fact, joined in any Court, the parties may waive right to have the same determined by a jury, in which case the finding of Judge upon the facts shall have the force and effect of a verdict by a jury. SEC. 14. The General Assembly shall provide for the establishment of SpeCourts, for the trial of misdemeanors, in cities and towns where the same y be necessary.

SEC. 15. The Clerk of the Supreme Court shall be appointed by the Court, I shall hold his office for eight years.

SEC. 16. A Clerk of the Superior Court for each county shall be elected by qualified voters thereof, at the time and in the manner prescribed by law the election of members of the General Assembly.

SEC. 17. Clerks of the Superior Courts shall hold their offices for four years. SEC. 18. The General Assembly shall prescribe and regulate the fees, sals and emoluments of all officers provided for in this article; but the salaries the Judges shall not be diminished during their continuance in office.

SEC. 19. The laws of North Carolina, not repugnant to this Constitution. the Constitution and laws of the United States, shall be in force until lawy altered.

SEC. 20. Actions at law, and suits in equity, pending when this Constitution Il go into effect, shall be transferred to the Courts having jurisdiction thereof, hout prejudice by reason of the change; and all such actions and suits comaced before, and pending at the adoption by the General Assembly of the es of practice and procedure herein provided for, shall be heard and detered according to the practice now in use, unless otherwise provided for by 1 rules.

SEC. 21. The Justices of the Supreme Court shall be elected by the qualified ers of the State, as is provided for the election of members of the General embly. They shall hold their offices for eight years. The Judges of the perior Courts, elected at the first election under this amendment, shall be sted in like manner as is provided for Justices of the Supreme Court, and ill hold their offices for eight years. The General Assembly may, from time time, provide by law that the Judges of the Superior Courts, chosen at sucding elections, instead of being elected by the voters of the whole State, as herein provided for, shall be elected by the voters of their respective districts. SEC. 22. The Superior Courts shall be at all times open for the transaction all business within their jurisdiction, except the trial of issues of fact reiring a jury.

SEC. 23. A Solicitor shall be elected for each Judicial District by the quali

5 Amendment proposed by the general assembly of 1915 and ratified on Nov. 7, 16. That part of the section beginning, "and the General Assembly may by general vs provide," and all that follows is the amendment.

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