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


EXECUTIVE DEPARTMENT. SECTION 1. The Executive Department shall consist of a Gorernor, in whom shall be vested the supreme executive power of the State, a Lieutenant-Gosernor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, and an Attorney-General, who shall be elected for a term of four years by the qualified electors of the State, at the same time and places and in the same manner as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their election, and continue until their successors are elected and qualified : Provided, that the officers first elected shall assume the duties of their office ten days after the approval of this Constitution by the Congress of the United States, and shall 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 inless he shall have attained the age of thirty years, shall have been a citizen of the United States five years, and shall have been a resident of this state for two years next before the election; nor shall the person elected to either of these two offices be eligible to the same office more than four years in any term of eight years, unless the office shall have been cast upon him as Lieutenant-Guia ernor or President of the Senate.

SEC. 3. The return of every election for officers of the Executive Depan ment shall be sealed up and transmitted to the seat of government by the returing officers, directed to the Speaker of the House of Representatives, who shah 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 numbe of votes respectively shall be declared duly elected; but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joini ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint ballot of both Houses of the General Assembly in sue manner as shall be prescribed by law.

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

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

SEC. 6. The Governor shall have power to grant reprieres, commutati ind 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. Els shall biennially communicate to the General Assembly each case of reprieina commutation or pardon granted, stating the name of each convict, the crime for which he was convicted, the sentence and its date, the date of commutatius pardon or reprieve, and the reasons therefor.

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

3 Section 29 is a new section; it was proposed by the general assembly of 1918 and ratified on Nov. 7, 1916. See Section 12, Article II.

The Governor shall be Commander-in-Chief of the militia of the pt when they shall be called into the service of the United States.

The Governor shall have power, on extraordinary occasions, by he advice of the Council of State, to convene the General Assembly in on by his proclamation, stating therein the purpose or purposes for are thus convened.

The Governor shall nominate and, by and with the advice and a majority of the Senators-elect, appoint all officers whose offices are by this Constitution and whose appointments are not otherwise pro

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

In case of the impeachment of the Governor, his failure to qualify, from the State, his inability to discharge the duties of his office, the office of Governor shall in any wise become vacant, the powers. emoluments of the office shall devolve upon the Lieutenant-Governor sability shall cease or a new Governor shall be elected and qualified. se in which the Lieutenant-Governor shall be unable to preside over the Senators shall elect one of their own number President of their the powers, duties and emoluments of the office of Governor shall in him whenever the Lieutenant-Governor shall, for any reason, be rom discharging the duties of such office as above provided, and he ue as acting Governor until the disabilities are removed, or a new r Lieutenant-Governor shall be elected and qualified. Whenever, recess of the General Assembly, it shall become necessary for the f the Senate to administer the government, the Secretary of State he the Senate, that they may elect such President.

The respective duties of the Secretary of State, Auditor, Treasurer, ent of Public Instruction, and Attorney-General shall be prescribed the office of any of said officers shall be vacated by death, resignarwise, it shall be the duty of the Governor to appoint another until s be removed or his successor be elected and qualified. Every such Il be filled by election at the first general election that occurs more

days after the vacancy has taken place, and the persons chosen he office for the remainder of the unexpired term fixed in the first his article.

The Secretary of State. Auditor, Treasurer and Superintendent of uction shall constitute, ex officio, the Council of State,' who shall overnor in the execution of his office, and three of whom shall 'conprum. Their advice and proceedings in this capacity shall be entered

to be kept for this purpose exclusively, and signed by the members m any part of which any member may enter his dissent; and such 1 be placed before the Geneșal Assembly when called for by either

Attorney-General shall be, ex officio, the legal adviser of the Execunent.

The officers mentioned in this article shall, at stated periods, reeir services a compensation to be established by law, which shall ncreased nor diminished during the time for which they shall have and the said officers shall receive no other emolument or allowance

There shall be a seal of the State, which shall be kept by the hd used by him as occasion may require, and shall be called "The of the State of North Carolina." All grants and commissions shall the name and by the authority of the State of North Carolina, sealed

reat Seal of the State,” signed by the Governor and countersigned tary of State.

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.

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JUDICIAL DEPARTMENT, SECTION 1. The distinctions between actions at law and suits in equits, 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 prive rights or the redress of private wrongs, which shall be denominated a ri action; and every action prosecuted by the people of the State as a party again 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 fi 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 Justi 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 acon 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-thin 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 Ral as now, until otherwise provided by the General Assembly,

Sec. 8. The Supreme Court shall have jurisdiction to review, upon are any decision of the Courts below, upon any matter of law or legal infer And the jurisdiction of said Court over “issues of fact" and "questions of 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 pe 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 de against the State, but its decisions shall be merely recommendatory; no prog 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 each 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 incredi 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 tricts successively, but no judge shall hold the courts in the same distrit oftener than once in four years; but in case of the protracted illness of judge assigned to preside in any district, or of any other, unavoidable accided i to him, by reason of which he shall be unable to preside, the Governor

4 Amendment proposed by the general assembly of 1887 and ratified on Nor. 1888. The amendment provided for "four" associate justices instead of "two" as in original constitution.

y judge to hold one or more specified terms in said district, in lieu ge assigned to hold the courts of the said district; and the General nay by general laws provide for the selection of special or emergency hold the Superior Courts of any county or district, when the judge hereto by reason of sickness, disability, or other cause, is unable to

hold said court, and when no other judge is available to hold the h special or emergency judges shall have the power and authority judges of the Superior Courts, in the courts which they are so aphold; and the General Assembly shall provide for their reasonable on.5 2. The General Assembly shall have no power to deprive the Judiment of any power or jurisdiction which rightfully pertains to it as te department of the government; but the General Assembly shall listribute that portion of this power and jurisdiction which does not the Supreme Court, among other Courts prescribed in this Constitution pay be established by law, in such manner as it may deem best; proproper system of appeals, and regulate by law, when necessary, the proceedings in the exercise of their powers, of all the courts below e Court, so far as the same may be done without conflict with other of this Constitution. B. In all issues of fact, joined in any Court, the parties may waive o have the same determined by a jury, in which case the finding of upon the facts shall have the force and effect of a verdict by a jury.

The General Assembly shall provide for the establishment of Spefor the trial of miselemea nors, in cities and towns where the same essary.

The Clerk of the Supreme Court shall be appointed by the Court, hold his office for eight years. F. A Clerk of the Superior Court for each county shall be elected by 1 voters thereof, at the time and in the manner prescribed by law •tion of members of the General Assembly.

Clerks of the Superior Courts shall hold their offices for four years.

The General Issembly shall prescribe and regulate the fees, salmoluments of all officers provided for in this article; but the salaries kes shall not be diminished during their continuance in office.

The laws of North Carolina, not repugnant to this Constitution, stitution and laws of the l'nited States, shall be in force until lawel.

Actions at law, and suits in equity, pending when this Constitution o effect, shall be transferred to the Courts having jurisdiction thereof, judice by reason of the change; and all such actions and suits comfore, and pending at the adoption by the General Assembly of the actice and procedure herein provided for, shall be heard and deterrding to the practice now in lise, unless otherwise provided for by

The Justices of the Supreme Court shall be elected by the qualified he State, as is provided for the election of members of the General

They shall hold their offices for eight years. The Judges of the burts, elected at the first election under this amendment, shall be ike manner as is provided for Justices of the Supreme Court, and their offices for eight years. The General Assembly may, from time

vide by law that the Judges of the Superior Courts, chosen at suctions, instead of being elected by the voters of the whole State, as ovided for, shall be elected by the voters of their respective districts.

The Superior Courts shall be at all times open for the transaction iess within their jurisdiction, except the trial of issues of fact reúry.

A Solicitor shall be elected for each Judicial District by the qualikinent proposed by the general assembly of 1915 and ratified on Nov. 7, part of the section beginning, "and the General Assembly may by general ," and all that follows is the amendment.

fied voters thereof, as is prescribed for members of the General Assembly, who shall hold office for the term of four years, and prosecute on behalf of the State in all criminal actions in the Superior Courts, and advise the officers of justice in his district.

SEC. 24. In each county a Sheriff and Coroner shall be elected by the qual. ified voters thereof, as is prescribed for members of the General Assembly, and shall hold their offices for two years. In each township there shall be a Con stable elected in like manner by the voters thereof, who shall hold his office for two years. When there is no Coroner in a county, the Clerk of the Superior Court for the county may appoint one for special cases. In case of a vacancy existing for any cause in any of the offices created by this section, the Commissioners of the county may appoint to such office for the unexpired term.

SEC. 25. All vacancies occurring in the offices provided for by this article of the Constitution shall be filled by the appointment of the Governor, unless otherwise provided for, and the appointees shall hold their places until the next regular election for members of the General Assembly, when elections shall be held to fill such offices. If any person, elected or appointed to any of said offices, shall neglect and fail to qualify, such office shall be appointed to, beli and filled as provided in case of vacancies occurring therein. All incumbelit of said offices shall hold until their successors are qualified.

SEC. 26, The officers elected at the first election held under this Constitution shall hold their offices for the terms prescribed for them respectively, Delt ensuing after the next regular election for members of the General Assemblr. But their terms shall begin upon the approval of this Constitution by the Co gress of the United States.

Sec. 27. The several Justices of the Peace shall have jurisdiction, under such regulations as the General Assembly shall prescribe, of civil activos founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in controversy; and of all criminal matters arising within their counties where the punishment cannot exceed a fine of fifty dollars or imprisonment for thirty days. And the General Assembly may give to Justices of the Peace jurisdiction of other civil actions, wherein the value of the property in controversy does not exited, tifty dollars. When an issue of fact shall be joined before a Justice, on des mand of either party thereto, he shall cause a jury of six men to be sutike moned, who shall try the same. The party against whom judgment shall be rendered in any civil action may appeal to the Superior Court from the same. In all cases of a criminal nature, the party against whom judgment is givet, may appeal to the Superior Court, where the matter shall be heard anew. all cases brought before a Justice, he shall make a record of the proceeding :und file same with the Clerk of the Superior Court for his county.

Sec. 28. When the office of Justice of the Peace shall become vacant other wise than by expiration of the term, and in case of a failure by the voters of any district to elect, the Clerk of the Superior Court for the county sh appoint to fill the vacancy for the uuexpired term.

SEC. 29. In case the office of Clerk of the Superior Court for a county shall become vacant otherwise than by the expiration of the term, and in enne of a failure by the people to elect, the Judge of the Superior Court for the county shall appoint to fill the vacancy until an election can be regularly bed

SEC. 30. In case the General Assembly shall establish other Courts inferir to the Supreme Court, the presiding officers and clerks thereof shall be elected in such manner as the General Assembly may from time to time prescribe, and they shall hold their offices for a term not exceeding eight years.

Sec. 31. Any Judge of the Supreme Court or of the Superior Courts, and the presiding officers of such Courts inferior to the Supreme Court as may be; established by law, may be removed from office for mental or physical inability, upon a concurrent resolution of two-thirds of both Houses of the Geners' Assembly. The Judge or presiding officer, against whom the General Assembly may be about to proceed, shall receive notice thereof, accompanied hy a oli of the causes alleged for his removal, at least twenty days before the day toda which either House of the General Assembly shall act thereon.

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