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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. Qiialifications of Governor and Lieutenant-Governor. No
person shall be eligible as Governor or Lieutenant-Governor unless
he shall have attained the age of thirty years, shall have been a



Constitution 49

citizen of the United States five years, and shall have been a resi-
dent 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-Governor
or President of the Senate.

Sec. 3. Retioms of election. The return of every election for
officers of the Executive Department shall be sealed up and trans-
mitted to the seat of government by the returning officer, directed
to the Secretary of State. The return shall be canvassed and the
result declared in such manner as may be prescribed by law. Con-
tested elections shall be determined by a joint ballot of both Houses
of the General Assembly in such manner as shall be prescribed
by law.

Sec. 4. Oath of office for Governor. The Governor, before enter-
ing upon the duties of his office, shall, in the presence of the mem-
bers of both branches of the General Assembly, or before any Jus-
tice of the Supreme Court, take an oath or affirmation that he 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 appertaining to the office of Governor, to which he has been
elected.

Sec. 5. Duties of Governor. 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 he shall
deem expedient.

Sec. 6. Reprieves, commutations, and pardo7)s. The Governor
shall have power to grant reprieves, commutations, and pardons,
after conviction, for all offenses (except in case of impeachment),
upon such conditions as he may think proper, subject to such regu-
lations as may be provided by law relative to the manner of apply-
ing for pardons. He shall biennially communicate to the General
Assembly each case of reprieve, commutation, or pardon granted,
stating the name of each convict, the crime for which he was con-
victed, the sentence and its date, the date of commutation, pardon,
or reprieve, and the reasons therefor.

Sec. 7. Annual reports from officers of Executive Department
and of public institutions. The officers of the Executive Depart-



50 North Carolina Manual

ment and of the public institutions of the State shall, at least five
days previous to each regular session of the General Assembly, sev-
erally report to the Governor, who shall transmit such reports,
with his message, to the General Assembly; and the Governor may,
at any time, require information in writing from the officers in
the Executive Department upon any subject relating to the duties
of their respective offices, and shall take care that the laws be
faithfully executed.

Sec. 8. Commaiidcy-in-Chicf . The Governor shall be Commander-
in-Chief of the militia of the State, except when they shall be called
into the service of the United States.

Sec. 9. Extra sessions of General Assembly. The Governor shall
have power, on extraordinary occasions, by and with the advice of
the Council of State, to convene the General Assembly in extra
session by his proclamation, stating therein the purpose or pur-
poses for which they are thus convened.

Sec. 10. Officers whose appointments are not otherwise provided
for. The Governor shall nominate and, by and with the advice and
consent of a majority of the Senators-elect, appoint all officers
whose offices are established by this Constitution and whose ap-
pointments are not otherwise provided for.

Sec. 11. Duties of the Lieutenant Governor. The Lieutenant
Governor shall be President of the Senate, but shall have no vote
unless the Senate be equally divided. He shall receive such com-
pensation as shall be fixed by the General Assembly.

Sec. 12. In case of impeachmeyit of Governor, or vacancy caused
by death or resignation. In case of the impeachment of the Gov-
ernor, his failure to qualify, his absence from the State, his in-
ability to discharge the duties of his office, or, in case the office of
Governor shall in any wise become vacant, the powers, duties and
emoluments of the office shall devolve upon the Lieutenant-Gov-
ernor until the disability shall cease or a new Governor shall be
elected and qualified. In every case in which the Lieutenant-Gov-
ernor shall be unable to preside over the Senate, the Senators shall
elect one of their own number President of their body; and the
powers, duties, and emoluments of the office of Governor shall de-
volve upon him whenever the Lieutenant-Governor shall, for any
reason, be prevented from discharging the duties of such office as
above provided, and he shall continue as acting Governor until the



Constitution 51

disabilities are removed, or a new Governor or Lieutenant-Gov-
ernor shall be elected and qualified. Whenever, during the recess
of the General Assembly, it shall become necessary for the Presi-
dent of the Senate to administer the government, the Secretary of
State shall convene the Senate, that they may elect such President.

Sec. 13. Duties of other executive officers. The respective duties
of the Secretary of State, Auditor, Treasurer, Superintendent of
Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance shall be
prescribed by law. If the office of any of said officers shall be
vacated by death, resignation, or otherwise, it shall be the duty of
the Governor to appoint another until the disability be removed or
his successor be elected and qualified. Every such vacancy shall be
filled by election at the first general election that occurs more than
thirty days after the vacancy has taken place, and the person
chosen shall hold the office for the remainder of the unexpired term
fixed in the first section of this article.

Sec. 14. Council of State. The Secretary of State, Auditor,
Treasurer, Superintendent of Public Instruction, Commissioner of
Agriculture, Commissioner of Labor, and Commissioner of Insur-
ance shall constitute, ex-officio, the Council of State, who shall ad-
vise the Governor in the execution of his office, and three of whom
shall constitute a quorum; their advice and proceedings in this
capacity shall be entered in a journal, to be kept for this purpose,
exclusively, and signed by the members present, from any part of
which any member may enter his dissent; and such journal shall
be placed before the General Assembly when called for by either
house. The Attorney General shall be, ex-officio, the legal adviser
of the executive department.

Sec. 15. Compensation of executive officers. The officers men-
tioned in this article shall, at stated periods, receive for their serv-
ices a compensation to be established by law, which shall neither be
increased nor diminished during the time for which they shall have
been elected, and the said officers shall receive no other emolument
or allowance whatever.

Sec. 16. Seal of State. There shall be a seal of the State, which
shall be kept by the Governor, and used by him, as occasion may
require, and shall be called "The Great Seal of the State of North
Carolina." All grants and commissions shall be issued in the name



52 North Carolina Manual

and by the authority of the State of North Carolina, sealed with
"The Great Seal of the State," and signed by the Governor, and
countersigned by the Secretary of State.

Sec. 17. Department of Agriculture, Immigration, and Statis-
tics. The General Assembly shall establish a Department of Agri
culture. Immigration, and Statistics, under such regulations as may
best promote the agricultural interests of the State, and shall
enact laws for the adequate protection and encouragement of
sheep husbandry.

Sec. 18. Department of Justice. The General Assembly is auth-
orized and empowered to create a Department of Justice under
the supervision and direction of the Attorney-General, and to enact
suitable laws defining the authority of the Attorney-General and
other officers and agencies concerning the prosecution of crime
and the administration of the criminal laws of the State.

ARTICLE IV

JUDICIAL DEPARTMENT

Section 1. Abolishes the distinction hetivceyi actions at law and
suits in equity, and feigned issues. The distinction between actions
at law and suits in equity, and the forms of all such actions and
suits, shall be abolished; and there shall be in this State but one
form of action for the enforcement or pi'otection of private rights
or the redress of private wrongs, which shall be denominated a
civil action; and every action prosecuted by the people of the State
as a party, against a person charged with a public off'ense, for
the punishment of the same, shall be termed a criminal action.
Feigned issues shall also be abolished, and the facts at issue tried
by order of court before a jury.

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

Sec. 3. Trial court of impeachment. The Court for the Trial of
Impeachments shall be the Senate. A majority of the members
shall be necessary to a quorum, and the judgment shall not extend
beyond removal from and disqualification to hold office in this
State; but the party shall be liable to indictment and punishment
according to law.



Constitution 53

Sec. 4. Impeachment. The House of Representatives solely shall
have the power of impeaching. No person shall be convicted with-
out the concurrence of two-thirds of the Senators present. When
the Governor is impeached, the Chief Justice shall preside.

Sec. 5. Treason against the State. Treason against the State
shall consist only in levying war against it, or adhering to its
enemies, giving them aid and comfort. No person shall be con-
victed of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court. No conviction of
treason or attainder shall work corruption of blood or forfeiture.

Sec. 6. Supreme Court. The Supreme Court shall consist of a
Chief Justice and four Associate Justices. The General Assembly
may increase the number of Associate Justices to not more than
six, when the work of the Court so requires. The Court shall have
power to sit in divisions, when in its judgment this is necessary
for the proper dispatch of business, and to make rules for the dis-
tribution of business between the divisions and for the hearing
of cases by the full Court. No decision of any division shall be-
come the judgment of the Court unless concurred in by a majority
of all the justices; and no case involving a construction of the
Constitution of the State or of the United States shall be decided
except by the Court in banc. All sessions of the Court shall be held
in the city of Raleigh. This amendment made to the Constitution
of North Carolina shall not have the effect to vacate any office or
term of office now existing under the Constitution of the State, and
filled or held by virtue of any election or appointment under the
said Constitution, and the laws of the State made in pursuance
thereof. (By c. 16, 1937, amending s. 1403 of the Consolidated
Statutes, the number of Associate Justices was increased to six.)

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

Sec. 8. Jurisdiction of Supreme Court. The Supreme Court shall
have jurisdiction to review, upon appeal, any decision of the
courts below, upon any matter of law or legal inference. And the
jurisdiction of said court over "issues of fact" and "questions of
fact" shall be the same exercised by it before the adoption of the
Constitution of one thousand eight hundred and sixty-eight, and
the court shall have the power to issue any remedial writs neces-



54 North Carolina Manual

sary to give it a general supervision and control over the proceed-
ings of the inferior courts.

Sec. 9. Claims against the State. The Supreme Court shall have
original jurisdiction to hear claims against the State, but its deci-
sions shall be merely recomendatory; no process in the nature of
execution shall issue thereon; they shall be reported to the next
sesion of the General Assembly for its action.

Sec. 10. Judicial district for Superior Courts. The State shall
be divided into nine judicial districts, for each of which a judge
shall be chosen; and there shall be held a Superior Court in each
county at least twice in each year, to continue for such time in
each county as may be prescribed by law. But the General Assem-
bly may reduce or increase the number of districts. (Changed by
acts of General Assembly to twenty-one districts.)

Sec. 11. Residences of judges, rotation in judicial districts, and
special terms. Every judge of the Superior Court shall reside in
the district for which he is elected. The judges shall preside in the
courts of the different districts successively, but no judge shall
hold the courts in the same district oftener than once in four
years; but in case of the protracted illness of the judge assigned
to preside in any district, or of any other unavoidable accident to
him, by reason of which he shall be unable to preside, the Gover-
nor may require any judge to hold one or more specified terms in
said district, in lieu of the judge assigned to hold the courts of the
said district; and the General Assembly may be general laws
provide for the selection of special or emergency judges to hold
the Superior Courts of any county, or district, when the judge
assigned thereto, by reason of sickness, disability, or other cause,
is unable to attend and hold said court, and when no other judge
is available to hold the same. Such special or emergency judges
shall have the power and authority of regular judges of the Su-
perior Courts, in the courts which they are so appointed to hold;
and the General Assembly shall provide for their reasonable com-
pensation.

Sec. 12. Jurisdiction of courts inferior to Supreme Court. The
General Assembly shall have no power to deprive the Judicial De-
partment of any power or jurisdiction which rightfully pertains
to it as a coordinate department of the government; but the Gen-
eral Assembly shall allot and distribute that portion of this power
and jurisdiction which does not pertain to the Supreme Court



Constitution 55

among the other courts prescribed in this Constitution or which
may be established by law, in such manner as it may deem best;
provide also a proper system of appeals; and regulate by laws,
when necessary, the m.ethods of proceeding in the exercise of their
powers of all the courts below the Supreme Court, so far as the
same may be done without conflict with other provisions of this
Constitution.

Sec. 13. In case of ivaiver of trial by jury. In all issues of fact,
joined in any court, the parties may waive the right to have the
same determined by a jury; in which case the finding of the judge
upon the facts shall have the force and effect of a verdict by a
jury.

Sec. 14. Special courts in cities. The General Assembly shall
provide for the establishment of special courts, for the trial of
misdemeanors, in cities and towns, where the same may be neces-
sary.

Sec. 15. Clerk of the Supreme Court. The clerk of the Supreme
Court shall be appointed by the Court, and shall hold his office
for eight years.

Sec. 16. Election of Superior Court clerk. A clerk of the Su-
perior Court for each county shall be elected by the qualified
voters thereof, at the time and in the manner prescribed by law
frr the election of members of the General Assembly.

Sec. 17. Terms of office. Clerks of the Superior Courts shall hold
their offices for four years.

Sec. 18. Fees, salaries, and emolumeyits. The General Assembly
shall prescribe and regulate the fees, salaries, and emoluments of
all officers provided for in this article; but the salaries of the
judges shall not be diminished during their continuance in office.

Sec. 19. What laivs are, and shall he, in force. The laws of North
Carolina, not repugnant to this Constitution or the Constitution
and laws of the United States, shall be in force until lawfully
altered.

Sec. 20. Disposition of actions at law and suits in equity, pend-
ing when this Constitution shall go into effect, etc. Actions at law
and suits in equity pending when this Constitution shall go into
effect shall be transferred to the courts having jurisdiction there-
of, without prejudice by reason of the change ; and all such actions
^nd suits commenced before, and pending the adoption by the



56 North Carolina Manual

General Assembly of the lules of pratice and procedure herein
provided for, shall be heard and determined according to the prac-
tice now in use, unless otherwise provided for by said rules.

Sec. 21. Elccfiotft, fcn)is of office, etc., of Justices of the Su-
}))-eme and Judges of the Supej-ior Courts. The Justices of the
Supreme courts shall be elected by the qualified voters of the
State, as is provided for the election of members of the General
Assembly. They shall hold their offices for eight years. The judges
of the Superior Courts, elected at the first election under this
amendment, shall be elected in like manner as is provided for
Justices of the Supreme Court, and shall hold their offices for
eight years. The General Assembly may, from time to time, provide
by law that the judges of the Superior Courts, chosen at succeed-
ing elections, instead of being elected by the voters of the whole
State, as is herein provided for, shall be elected by the voters
of their respective disti'icts.

Sec. 22. Trmisactions of business in the Superior Court. The
Superior Courts shall be, at all times, open for the transaction
of all business within their jurisdiction, except the trial of issues
of fact requiring a jury.

Sec. 23. Solicitors and SoHcitorial Districts. The State shall be
divided into twenty-one solicitorial districts, for each of which a
solicitor shall be chosen by the qualified 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. But the General Assembly may
reduce or increase the number of the solicitorial districts, which
need not correspond to, or be the same as, the judicial districts
of the State.

Sec. 24. Sheriffs and Coroners. In each county a sheriflF and a
coroner shall be elected by the qualified voters thereof as is pre-
scribed for the members of the General Assembly, and shall hold
their offices for a period of four years. In each township there
shall be a constable elected in like manner by the voters thereof,
who shall hold his office for a period of 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,



Constitution 57

the commissioners of the county may appoint to such office for
the unexpired term.

Sec. 25. Vacancies. All vacancies occurring in the offices pro-
vided for by this article of the Constitution shall be filled by the
appointments of the Governor, unless otherwise provided for, and
the appointees shall hold their places until the next regular elec-
tion 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 offices
shall be appointed to, held and filled as provided in case of
vacancies accurring therein. All incumbents of said offices shall
hold until their successors are qualified.

Sec. 26. Terms of office of first officers. The officers elected at
the first election held under this Constiution shall hold their of-
fices for the terms prescribed for them, respectively, next ensuing
after the next regular election for members of the General Assem-
bly. But their terms shall begin upon the approval of this Consti-
tution by the Congress of the United States.

Sec. 27. Ji(risdiction of justice of the peace. The several justices
of the peace shall have jurisdiction, under such x'egulations as the
General Assembly shall prescribe, of civil actions, founded on
contract, wherein the sum demanded shall not exceed two hundred
dollars, and wherein the title to real estate shall not be in contro-
versy; and of all criminal matters arising within their counties
where the punishment cannot exceed a fine of fifty dollars or im-
prisonment for thirty days. And the General Assembly may give
to the justices of the peace jurisdiction of other civil actions where-
in the value of the property in controversy does not exceed fifty
dollars. When an issue of fact shall be joined before a justice, on
demand of either party thereto, he shall cause a jury of six men
to be summoned, who shall try the same. The party against whom
the 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 the judgment is given may appeal
to the Superior Court, where the matter shall be heard anew. In
all cases brought before a justice, he shall make a record of the
proceedings, and file same with the clerk of the Superior Court
for his county.



58 North Carolina Manual

Sec. 28. VacaTicies in office of justices. When the office of justice
of the peace shall become vacant otherwise 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 shall ap-
point to fill the vacancy for the unexpired term.

Sec. 29. Vacancies in office of Snperioy Court clerk. In case the
office of clerk of a Superior Court for a county shall become vacant
otherwise than by the expiration of the term, and in case of a
failure by the people to elect, the judge of the Superior Court for
county shall appoint to fill the vacancy until an election can be
i-egularly held.

Sec. 30. Officers of other courts inferior to Supreme Court. In
case the General Assembly shall establish other courts inferior 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. Removal of judges of the various courts for inability.
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 General Assembly. The judge or pre-
siding officer against whom the General Assembly may be about
to proceed shall receive notice thereof, accompanied by a copy
of the causes alleged for his removal, at least twenty days before
the day on which either House of the General Assembly shall act
thereon.

Sec. 32. Removal of cle)-ks of the vcD'ious courts for inability.
Any clerk of the Supreme Court, or of the Superior Courts, or of
such courts inferior to the Supreme Court as may be established
by law, may be removed from office for mental or physical in-
ability; the clerk of the Supreme Court by the judges of said
court, the clerks of the Superior Courts by the judge riding the
district, and the clerks of such courts inferior to the Supieme
Court as may be established by law by the presiding officers of
said courts. The clerk against whom proceedings are instituted
shall receive notice thereof, accompanied by a copy of the causes
alleged for his removal, at least ten days before the day appointed



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