diff options
Diffstat (limited to '33638.txt')
| -rw-r--r-- | 33638.txt | 3323 |
1 files changed, 3323 insertions, 0 deletions
diff --git a/33638.txt b/33638.txt new file mode 100644 index 0000000..020f55b --- /dev/null +++ b/33638.txt @@ -0,0 +1,3323 @@ +The Project Gutenberg EBook of Constitution of the State of North Carolina +and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina, by North Carolina + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina + +Author: North Carolina + +Release Date: September 5, 2010 [EBook #33638] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF NORTH CAROLINA *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This book was +produced from scanned images of public domain material +from the Google Print project.) + + + + + + + + +CONSTITUTION + +OF THE + +STATE OF NORTH CAROLINA + +AND COPY OF THE ACT OF THE GENERAL ASSEMBLY, ENTITLED + +AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA + +(CHAPTER 81, PUBLIC LAWS, EXTRA SESSION OF 1913) + +ISSUED FROM THE OFFICE OF THE + +SECRETARY OF STATE +RALEIGH + +BY AUTHORITY OF THE +GENERAL ASSEMBLY + +RALEIGH + +EDWARDS & BROUGHTON PRINTING COMPANY +STATE PRINTERS AND BINDERS +1914 + + +Received through the +Bureau for Municipal Research + + + + +By direction of the General Assembly, this pamphlet is furnished for +distribution to, and the information of, citizens of the State of North +Carolina. It contains the Constitution of the State of North Carolina as +it now stands, and shows, on page 39 and the pages following, the +proposed amendments, and a copy of the official ballot. Additional +copies of this pamphlet may be had upon application to the County Clerk +of Court, or to the Secretary of State, Raleigh. + + + + +CONSTITUTION OF THE STATE OF NORTH CAROLINA + + +PREAMBLE. + +[Sidenote: Preamble.] + +We, the people of the State of North Carolina, grateful to Almighty God, +the Sovereign Ruler of Nations, for the preservation of the American +Union, and the existence of our civil, political and religious +liberties, and acknowledging our dependence upon Him for the continuance +of those blessings to us and our posterity, do for the more certain +security thereof, and for the better government of this State, ordain +and establish this Constitution: + + +ARTICLE I. + +DECLARATION OF RIGHTS. + +That the great, general and essential principles of liberty and free +government may be recognized and established, and that the relations of +this State to the Union and Government of the United States, and those +of the people of this State to the rest of the American people, may be +defined and affirmed, we do declare: + +[Sidenote: The equality and rights of men.] + +SECTION 1. That we hold it to be self-evident that all men are created +equal; that they are endowed by their Creator with certain inalienable +rights; that among these are life, liberty, the enjoyment of the fruits +of their own labor, and the pursuit of happiness. + +[Sidenote: Political power and government.] + +SEC. 2. That all political power is vested in, and derived from, the +people; all government of right originates from the people, is founded +upon their will only, and is instituted solely for the good of the +whole. + +[Sidenote: Internal government of the State.] + +SEC. 3. That the people of this State have the inherent, sole and +exclusive right of regulating the internal government and police +thereof, and of altering and abolishing their Constitution and form of +government whenever it may be necessary for their safety and happiness; +but every such right should be exercised in pursuance of law, and +consistently with the Constitution of the United States. + +[Sidenote: That there is no right to secede.] + +SEC. 4. That this State shall ever remain a member of the American +Union; that the people thereof are a part of the American Nation; that +there is no right on the part of the State to secede, and that all +attempts, from whatever source or upon whatever pretext, to dissolve +said Union, or to sever said Nation, ought to be resisted with the whole +power of the State. + +[Sidenote: Of allegiance to the U. S. government.] + +SEC. 5. That every citizen of this State owes paramount allegiance to +the Constitution and government of the United States, and that no law or +ordinance of the State in contravention or subversion thereof can have +any binding force. + +[Sidenote: Public debt.] + +[Sidenote: Bonds issued under ordinance of Convention of 1868 and under +acts of 1868, 1868-'69, 1869-'70, declared invalid.] + +[Sidenote: Exception.] + +SEC. 6. The State shall never assume or pay, or authorize the collection +of any debt or obligation, express or implied, incurred in aid of +insurrection or rebellion against the United States, or any claim for +the loss or emancipation of any slave; nor shall the General Assembly +assume or pay, or authorize the collection of any tax to pay, either +directly or indirectly, expressed or implied, any debt or bond incurred, +or issued, by authority of the Convention of the year one thousand eight +hundred and sixty-eight, nor any debt or bond incurred or issued by the +Legislature of the year one thousand eight hundred and sixty-eight, at +its special session of the year one thousand eight hundred and +sixty-eight, or at its regular sessions of the years one thousand eight +hundred and sixty-eight and one thousand eight hundred and sixty-nine +and one thousand eight hundred and seventy, except the bonds issued to +fund the interest on the old debt of the State, unless the proposing to +pay the same shall have first been submitted to the people and by them +ratified by the vote of a majority of all the qualified voters of the +State, at a regular election held for that purpose. + +[Sidenote: Exclusive emoluments, etc.] + +SEC. 7. No man or set of men are entitled to exclusive or separate +emoluments or privileges from the community but in consideration of +public services. + +[Sidenote: The legislative, executive and judicial powers distinct.] + +SEC. 8. The legislative, executive and supreme judicial powers of the +government ought to be forever separate and distinct from each other. + +[Sidenote: Of the power of suspending laws.] + +SEC. 9. All power of suspending laws, or the execution of laws, by any +authority, without the consent of the representatives of the people, is +injurious to their rights, and ought not to be exercised. + +[Sidenote: Elections free.] + +SEC. 10. All elections ought to be free. + +[Sidenote: In criminal prosecutions.] + +SEC. 11. In all criminal prosecutions, every man has the right to be +informed of the accusation against him and to confront the accusers and +witnesses with other testimony, and to have counsel for his defense, and +not to be compelled to give evidence against himself, or to pay costs, +jail fees, or necessary witness fees of the defense, unless found +guilty. + +[Sidenote: Answers to criminal charges.] + +SEC. 12. No person shall be put to answer any criminal charge, except as +hereinafter allowed, but by indictment, presentment or impeachment. + +[Sidenote: Right of jury.] + +SEC. 13. No person shall be convicted of any crime but by the unanimous +verdict of a jury of good and lawful men in open court. The Legislature +may, however, provide other means of trial for petty misdemeanors, with +the right of appeal. + +[Sidenote: Excessive bail.] + +SEC. 14. Excessive bail should not be required, nor excessive fines +imposed, nor cruel or unusual punishments inflicted. + +[Sidenote: General warrants.] + +SEC. 15. General warrants, whereby any officer or messenger may be +commanded to search suspected places, without evidence of the act +committed, or to seize any person or persons not named, whose offense is +not particularly described and supported by evidence, are dangerous to +liberty and ought not to be granted. + +[Sidenote: Imprisonment for debt.] + +SEC. 16. There shall be no imprisonment for debt in this State, except +in cases of fraud. + +[Sidenote: No person to be taken, etc., but by law of the land.] + +SEC. 17. No person ought to be taken, imprisoned, or disseized of his +freehold, liberties or privileges, or outlawed or exiled, or in any +manner deprived of his life, liberty or property, but by the law of the +land. + +[Sidenote: Persons restrained of liberty.] + +SEC. 18. Every person restrained of his liberty is entitled to a remedy +to enquire into the lawfulness thereof, and to remove the same, if +unlawful; and such remedy ought not to be denied or delayed. + +[Sidenote: Controversies at law respecting property.] + +SEC. 19. In all controversies at law respecting property, the ancient +mode of trial by jury is one of the best securities of the rights of the +people, and ought to remain sacred and inviolable. + +[Sidenote: Freedom of the press.] + +SEC. 20. The freedom of the press is one of the great bulwarks of +liberty, and therefore ought never to be restrained, but every +individual shall be held responsible for the abuse of the same. + +[Sidenote: Habeas corpus.] + +SEC. 21. The privileges of the writ of _habeas corpus_ shall not be +suspended. + +[Sidenote: Property qualification.] + +SEC. 22. As political rights and privileges are not dependent upon, or +modified by, property, therefore no property qualification ought to +affect the right to vote or hold office. + +[Sidenote: Representation and taxation.] + +SEC. 23. The people of the State ought not to be taxed, or made subject +to the payment of any impost or duty, without the consent of themselves, +or their representatives in General Assembly freely given. + +[Sidenote: Militia and the right to bear arms.] + +SEC. 24. A well regulated militia being necessary to the security of a +free State, the right of the people to keep and bear arms shall not be +infringed; and, as standing armies in time of peace are dangerous to +liberty, they ought not to be kept up, and the military should be kept +under strict subordination to, and governed by, the civil power. Nothing +herein contained shall justify the practice of carrying concealed +weapons, or prevent the Legislature from enacting penal statutes against +said practice. + +[Sidenote: Right of the people to assemble together.] + +SEC. 25. The people have a right to assemble together to consult for +their common good, to instruct their representatives, and to apply to +the Legislature for redress of grievances. But secret political +societies are dangerous to the liberties of a free people, and should +not be tolerated. + +[Sidenote: Religious liberty.] + +SEC. 26. All men have a natural and inalienable right to worship +Almighty God according to the dictates of their own consciences, and no +human authority should, in any case whatever, control or interfere with +the rights of conscience. + +[Sidenote: Education.] + +SEC. 27. The people have the right to the privilege of education, and it +is the duty of the State to guard and maintain that right. + +[Sidenote: Elections should be frequent.] + +SEC. 28. For redress of grievances, and for amending and strengthening +the laws, elections should be often held. + +[Sidenote: Recurrence to fundamental principles.] + +SEC. 29. A frequent recurrence to fundamental principles is absolutely +necessary to preserve the blessings of liberty. + +[Sidenote: Hereditary emoluments, etc.] + +SEC. 30. No hereditary emoluments, privileges or honors ought to be +granted or conferred in this State. + +[Sidenote: Perpetuities, etc.] + +SEC. 31. Perpetuities and monopolies are contrary to the genius of a +free State and ought not to be allowed. + +[Sidenote: Ex post facto laws.] + +SEC. 32. Retrospective laws, punishing acts committed before the +existence of such laws, and by them only declared criminal, are +oppressive, unjust and incompatible with liberty; wherefore no _ex post +facto_ law ought to be made. No law taxing retrospectively sales, +purchases, or other acts previously done, ought to be passed. + +[Sidenote: Slavery prohibited.] + +SEC. 33. Slavery and Involuntary servitude, otherwise than for crime, +whereof the parties shall have been duly convicted, shall be and are +hereby forever prohibited within the State. + +[Sidenote: State boundaries.] + +SEC. 34. The limits and boundaries of the State shall be and remain as +they now are. + +[Sidenote: Courts shall be open.] + +SEC. 35. All courts shall be open; and every person for an injury done +him in his lands, goods, person or reputation, shall have remedy by due +course of law, and right and justice administered without sale, denial +or delay. + +[Sidenote: Soldiers in time of peace.] + +SEC. 36. No soldier shall, in time of peace, be quartered in any house +without the consent of the owner; nor in time of war but in a manner +prescribed by the law. + +[Sidenote: Other rights of the people.] + +SEC. 37. This enumeration of rights shall not be construed to impair or +deny others retained by the people; and all powers not herein delegated +remain with the people. + + +ARTICLE II. + +LEGISLATIVE DEPARTMENT. + +[Sidenote: Two branches.] + +SECTION 1. The legislative authority shall be vested in two distinct +branches, both dependent on the people, to wit, a Senate and House of +Representatives. + +[Sidenote: Time of assembling.] + +SEC. 2. The Senate and House of Representatives shall meet biennially on +the first Wednesday after the first Monday in January next after their +election; and, when assembled, shall be denominated the General +Assembly. Neither House shall proceed upon public business unless a +majority of all the members are actually present. + +[Sidenote: Number of senators.] + +SEC. 3. The Senate shall be composed of fifty Senators, biennially +chosen by ballot. + +[Sidenote: Regulations in relation to districting the State for +senators.] + +SEC. 4. The Senate Districts shall be so altered by the General +Assembly, at the first session after the return of every enumeration by +order of Congress, that each Senate District shall contain, as near as +may be, an equal number of inhabitants, excluding aliens and Indians not +taxed, and shall remain unaltered until the return of another +enumeration, and shall at all times consist of contiguous territory; and +no county shall be divided in the formation of a Senate District, unless +such county shall be equitably entitled to two or more Senators. + +[Sidenote: Regulations in relation to apportionment of representatives.] + +SEC. 5. The House of Representatives shall be composed of one hundred +and twenty Representatives, biennially chosen by ballot, to be elected +by the counties respectively, according to their population, and each +county shall have at least one Representative in the House of +Representatives, although it may not contain the requisite ratio of +representation; this apportionment shall be made by the General Assembly +at the respective times and periods when the districts of the Senate are +hereinbefore directed to be laid off. + +[Sidenote: Ratio of representation.] + +SEC. 6. In making the apportionment in the House of Representatives, the +ratio of representation shall be ascertained by dividing the amount of +the population of the State, exclusive of that comprehended within those +counties which do not severally contain the one hundred and twentieth +part of the population of the State, by the number of Representatives, +less the number assigned to such counties; and in ascertaining the +number of the population of the State, aliens and Indians not taxed +shall not be included. To each county containing the said ratio and not +twice the said ratio, there shall be assigned one Representative; to +each county containing two but not three times the said ratio, there +shall be assigned two Representatives, and so on progressively, and then +the remaining representatives shall be assigned severally to the +counties having the largest fractions. + +[Sidenote: Qualifications for senators.] + +SEC. 7. Each member of the Senate shall not be less than twenty-five +years of age, shall have resided in the State as a citizen two years, +and shall have usually resided in the district for which he is chosen +one year immediately preceding his election. + +[Sidenote: Qualifications for representatives.] + +SEC. 8. Each member of the House of Representatives shall be a qualified +elector of the State, and shall have resided in the county for which he +is chosen for one year immediately preceding his election. + +[Sidenote: Election of officers.] + +SEC. 9. In the election of all officers, whose appointment shall be +conferred upon the General Assembly by the Constitution, the vote shall +be _viva voce_. + +[Sidenote: Powers in relation to divorce and alimony.] + +SEC. 10. The General Assembly shall have the power to pass general laws +regulating divorce and alimony, but shall not have power to grant a +divorce or secure alimony in any individual case. + +[Sidenote: Private laws in relation to names of persons, etc.] + +SEC. 11. The General Assembly shall not have power to pass any private +law to alter the name of any person, or to legitimate any person not +born in lawful wedlock, or to restore to the rights of citizenship any +person convicted of an infamous crime, but shall have power to pass +general laws regulating the same. + +[Sidenote: Thirty days' notice shall be given anterior to passage of +private laws.] + +SEC. 12. The General Assembly shall not pass any private law, unless it +shall be made to appear that thirty days' notice of application to pass +such a law shall have been given, under such direction and in such +manner as shall be provided by law. + +[Sidenote: Vacancies.] + +SEC. 13. If vacancies shall occur in the General Assembly by death, +resignation or otherwise, writs of election shall be issued by the +Governor under such regulations as may be prescribed by law. + +[Sidenote: Revenue.] + +SEC. 14. No law shall be passed to raise money on the credit of the +State, or to pledge the faith of the State, directly or indirectly, for +the payment of any debt, or to impose any tax upon the people of the +State, or allow the counties, cities or towns to do so, unless the bill +for the purpose shall have been read three several times in each House +of the General Assembly and passed three several readings, which +readings shall have been on three different days, and agreed to by each +House respectively, and unless the yeas and nays on the second and third +readings of the bill shall have been entered on the journal. + +[Sidenote: Entails.] + +SEC. 15. The General Assembly shall regulate entails in such manner as +to prevent perpetuities. + +[Sidenote: Journals.] + +SEC. 16. Each House shall keep a journal of its proceedings, which shall +be printed and made public immediately after the adjournment of the +General Assembly. + +[Sidenote: Protest.] + +SEC. 17. Any member of either House may dissent from and protest against +any act or resolve, which he may think injurious to the public, or any +individual, and have the reasons of his dissent entered on the journal. + +[Sidenote: Officers of the House.] + +SEC. 18. The House of Representatives shall choose their own Speaker and +other officers. + +[Sidenote: President of the Senate.] + +SEC. 19. The Lieutenant-Governor shall preside in the Senate, but shall +have no vote unless it may be equally divided. + +[Sidenote: Other senatorial officers.] + +SEC. 20. The Senate shall choose its other officers and also a Speaker +(_pro tempore_) in the absence of the Lieutenant-Governor, or when he +shall exercise the office of Governor. + +[Sidenote: Style of the acts.] + +SEC. 21. The style of the acts shall be: "The General Assembly of North +Carolina do enact." + +[Sidenote: Powers of the General Assembly.] + +SEC. 22. Each House shall be judge of the qualifications and election of +its own members, shall sit upon its own adjournment from day to day, +prepare bills to be passed into laws; and the two Houses may also +jointly adjourn to any future day or other place. + +[Sidenote: Bills and resolutions to be read three times, etc.] + +SEC. 23. All bills and resolutions of a legislative nature shall be read +three times in each House, before they pass into laws; and shall be +signed by the presiding officers of both Houses. + +[Sidenote: Oath of members]. + +SEC. 24. Each member of the General Assembly, before taking his seat, +shall take an oath or affirmation that he will support the Constitution +and laws of the United States, and the Constitution of the State of +North Carolina, and will faithfully discharge his duty as a member of +the Senate or House of Representatives. + +[Sidenote: Terms of office.] + +SEC. 25. The terms of office for Senators and members of the House of +Representatives shall commence at the time of their election. + +[Sidenote: Yeas and nays.] + +SEC. 26. Upon motion made and seconded in either House by one-fifth of +the members present, the yeas and nays upon any question shall be taken +and entered upon the journals. + +[Sidenote: Election for members of the General Assembly.] + +SEC. 27. The election for members of the General Assembly shall be held +for the respective districts and counties, at the places where they are +now held, or may be directed hereafter to be held, in such manner as may +be prescribed by law, on the first Thursday in August, in the year one +thousand eight hundred and seventy, and every two years thereafter. But +the General Assembly may change the time of holding the elections. + +[Sidenote: Pay of members and officers of the General Assembly.] + +[Sidenote: Extra session.] + +SEC. 28. The members of the General Assembly for the term for which they +have been elected shall receive as a compensation for their services the +sum of _four dollars_ per day for each day of their session, for a +period not exceeding sixty days; and should they remain longer in +session they shall serve without compensation. They shall also be +entitled to receive ten cents per mile, both while coming to the seat of +government and while returning home, the said distance to be computed by +the nearest line or route of public travel. The compensation of the +presiding officers of the two Houses shall be six dollars per day and +mileage. Should an extra session of the General Assembly be called, the +members and presiding officers shall receive a like rate of compensation +for a period not exceeding twenty days. + + +ARTICLE III. + +EXECUTIVE DEPARTMENT. + +[Sidenote: Officers of the Executive Department.] + +[Sidenote: Terms of office.] + +SECTION 1. The Executive Department shall consist of a Governor, in whom +shall be vested the supreme executive power of the State, a +Lieutenant-Governor, 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. + +[Sidenote: Qualifications of Governor and Lieutenant-Governor.] + +SEC. 2. No person shall be eligible as Governor or Lieutenant-Governor +unless 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-Governor or President +of the Senate. + +[Sidenote: Returns of elections.] + +SEC. 3. The return of every election for officers of the Executive +Department shall be sealed up and transmitted to the seat of government +by the returning officers, directed to the Speaker of the House of +Representatives, who shall open and publish the same in the presence of +a majority of the members of both Houses of the General Assembly. The +person having the highest number of votes respectively shall be declared +duly elected; but if two or more be equal and highest in votes for the +same office, one of them shall be chosen by joint 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 such manner as +shall be prescribed by law. + +[Sidenote: Oath of office for Governor.] + +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, or before any Justice 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. + +[Sidenote: Duties of Governor.] + +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 he shall deem expedient. + +[Sidenote: Reprieves, commutations and pardons.] + +SEC. 6. The Governor shall have power to grant reprieves, commutations +and pardons, after conviction, for all offenses (except in cases of +impeachment), upon such conditions as he may think proper, subject to +such regulations as may be provided by law relative to the manner of +applying 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 convicted, the +sentence and its date, the date of the commutation, pardon or reprieve +and the reasons therefor. + +[Sidenote: Annual reports from officers of Executive Department and of +public institutions.] + +SEC. 7. The officers of the Executive Department and of the public +institutions of the State shall, at least five days previous to each +regular session of the General Assembly, severally 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. + +[Sidenote: Commander in chief.] + +SEC. 8. 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. + +[Sidenote: Extra sessions of General Assembly.] + +SEC. 9. 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 purposes for which they are thus convened. + +[Sidenote: Officers whose appointments are not otherwise provided for.] + +SEC. 10. 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 appointments are +not otherwise provided for. + +[Sidenote: Duties of the Lieutenant-Governor.] + +SEC. 11. The Lieutenant-Governor shall be President of the Senate, but +shall have no vote unless the Senate is equally divided. He shall, +whilst acting as President of the Senate, receive for his services the +same pay which shall, for the same period, be allowed to the Speaker of +the House of Representatives; and he shall receive no other compensation +except when he is acting as Governor. + +[Sidenote: In case of impeachment of Governor, or vacancy caused by +death or resignation.] + +SEC. 12. In case of the impeachment of the Governor, his failure to +qualify, his absence from the State, his inability 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-Governor until the disability shall +cease or a new Governor shall be elected and qualified. In every case in +which the Lieutenant-Governor 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 devolve 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 +disabilities are removed, or a new Governor or Lieutenant-Governor shall +be elected and qualified. Whenever, during the recess of the General +Assembly, it shall become necessary for the President of the Senate to +administer the government, the Secretary of State shall convene the +Senate, that they may select such President. + +[Sidenote: Duties of other executive officers.] + +SEC. 13. The respective duties of the Secretary of State, Auditor, +Treasurer, Superintendent of Public Instruction, and Attorney-General +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 persons chosen shall +hold the office for the remainder of the unexpired term fixed in the +first section of this article. + +[Sidenote: Council of State.] + +SEC. 14. The Secretary of State, Auditor, Treasurer, and Superintendent +of Public Instruction shall constitute, _ex officio_, the Council of +State, who shall advise the Governor in the execution of his office, any +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. + +[Sidenote: Compensation of executive officers.] + +SEC. 15. The officers mentioned in this article shall, at stated +periods, receive for their services 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. + + +[Sidenote: Seal of State.] + +SEC. 16. 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 and by the authority of the +State of North Carolina, sealed with "The Great Seal of the State," +signed by the Governor and counter-signed by the Secretary of State. + +[Sidenote: Department of Agriculture, Immigration and Statistics.] + +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 protection and encouragement of sheep husbandry. + + +ARTICLE IV. + +JUDICIAL DEPARTMENT. + +[Sidenote: Abolishes the distinction between actions at law and suits in +equity.] + +[Sidenote: Feigned issues abolished.] + +SECTION 1. The distinctions 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 protection 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 +offense, for the punishment of the same, shall be termed a criminal +action. Feigned issues shall also be abolished, and the fact at issue +tried by order of Court before a jury. + +[Sidenote: Division of Judicial powers.] + +SEC. 2. 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. + +[Sidenote: Trial court of impeachment.] + +SEC. 3. 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. + +[Sidenote: Impeachment.] + +SEC. 4. The House of Representatives solely shall have the power of +impeaching. No person shall be convicted without the concurrence of +two-thirds of the Senators present. When the Governor is impeached, the +Chief Justice shall preside. + +[Sidenote: Treason against the State.] + +SEC. 5. 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 convicted 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. + +[Sidenote: Supreme court justices.] + +SEC. 6. The Supreme Court shall consist of a Chief Justice and four +Associate Justices. + +[Sidenote: Terms of the supreme court.] + +SEC. 7. The terms of the Supreme Court shall be held in the city of +Raleigh, as now, unless otherwise provided by the General Assembly. + +[Sidenote: Jurisdiction of supreme court.] + +SEC. 8. 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 necessary to give it a general supervision and control over the +proceedings of the inferior courts. + +[Sidenote: Claims against the State.] + +SEC. 9. The Supreme Court shall have original jurisdiction to hear +claims against the State, but its decisions shall be merely +recommendatory; no process in the nature of execution shall issue +thereon; they shall be reported to the next session of the General +Assembly for its action. + +[Sidenote: Judicial districts for superior courts.] + +SEC. 10. 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 Assembly may reduce or increase the number of districts. + +[Sidenote: Residences of judges, rotation in judicial districts, and +special terms.] + +SEC. 11. 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 Governor 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. + +[Sidenote: Jurisdiction of courts inferior to supreme court.] + +SEC. 12. The General Assembly shall have no power to deprive the +Judicial Department of any power or jurisdiction which rightfully +pertains to it as a coordinate department of the government; but the +General Assembly shall allot and distribute that portion of this power +and jurisdiction which does not pertain to the Supreme Court, among +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 law, when necessary, the methods of +proceedings 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. + +[Sidenote: In case of waiver of trial by jury.] + +SEC. 13. 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. + +[Sidenote: Special courts in cities.] + +SEC. 14. 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 necessary. + +[Sidenote: Clerk of supreme court.] + +SEC. 15. The Clerk of the Supreme Court shall be appointed by the Court, +and shall hold his office for eight years. + +[Sidenote: Election of superior court clerk.] + +SEC. 16. A Clerk of the Superior Court for each county shall be elected +by the qualified voters thereof, at the time and in the manner +prescribed by law for the election of members of the General Assembly. + +[Sidenote: Term of office.] + +SEC. 17. Clerks of the Superior Courts shall hold their offices for four +years. + +[Sidenote: Fees, salaries and emoluments.] + +SEC. 18. 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. + +[Sidenote: What laws are and shall be in force.] + +SEC. 19. 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. + +[Sidenote: Disposition of actions at law and suits in equity, pending +when this Constitution shall go into effect, etc.] + +SEC. 20. Actions at law, and suits in equity, pending when this +Constitution shall go into effect, shall be transferred to the courts +having jurisdiction thereof, without prejudice by reason of the change; +and all such actions and suits commenced before, and pending at the +adoption by the General Assembly of the rules of practice and procedure +herein provided for, shall be heard and determined according to the +practice now in use, unless otherwise provided for by said rules. + +[Sidenote: Justices supreme court, election of.] + +SEC. 21. The Justices of the Supreme Court 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 succeeding 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 +districts. + +[Sidenote: Transaction of business in the superior court.] + +SEC. 22. 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. + +[Sidenote: Solicitors for each judicial district.] + +SEC. 23. A solicitor shall be elected for each judicial district 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. + +[Sidenote: Sheriffs and coroners.] + +SEC. 24. In each county a sheriff and coroner shall be elected by the +qualified 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 constable 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. + +[Sidenote: Vacancies.] + +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 offices shall be appointed to, held and filled as +provided in case of vacancies occurring therein. All incumbents of said +offices shall hold until their successors are qualified. + +[Sidenote: Terms of office of first officers under this article.] + +SEC. 26. The officers elected at the first election held under this +Constitution shall hold their offices for the terms prescribed for them +respectively, next ensuing after the next regular election for members +of the General Assembly. But their terms shall begin upon the approval +of this Constitution by the Congress of the United States. + +[Sidenote: Jurisdiction of justices of the peace.] + +SEC. 27. The several justices of the peace shall have jurisdiction, +under such regulations 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 controversy; and of all criminal matters arising within their +counties where the punishment can not 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 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 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 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. + +[Sidenote: Vacancies in office of justices.] + +SEC. 28. 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 appoint to fill the vacancy for the unexpired term. + +[Sidenote: Vacancies in office of superior court clerk.] + +SEC. 29. 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 the county shall appoint to fill the vacancy until an election +can be regularly held. + +[Sidenote: Officers of other courts inferior to supreme court.] + +SEC. 30. 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. + +[Sidenote: Removal of judges of the various courts for inability.] + +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 General Assembly. The judge or presiding 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. + +[Sidenote: Removal of clerks of the various courts for inability.] + +SEC. 32. 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 inability; 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 Supreme 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 to act thereon, and the clerk shall be entitled to an appeal +to the next term of the Superior Court, and thence to the Supreme Court +as provided in other cases of appeals. + +[Sidenote: Amendments not to vacate existing offices.] + +SEC. 33. The amendments made to the Constitution of North Carolina by +this Convention 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. + + +ARTICLE V. + +REVENUE AND TAXATION. + +[Sidenote: Capitation tax.] + +[Sidenote: Exemptions.] + +SECTION 1. The General Assembly shall levy a capitation tax on every +male inhabitant in the State over twenty-one and under fifty years of +age, which shall be equal on each to the tax on property valued at three +hundred dollars in cash. The commissioners of the several counties may +exempt from capitation tax in special cases, on account of poverty and +infirmity, and the State and county capitation tax combined shall never +exceed two dollars on the head. + +[Sidenote: Application of proceeds of State and county capitation tax.] + +SEC. 2. The proceeds of the State and county capitation tax shall be +applied to the purposes of education and the support of the poor, but in +no one year shall more than twenty-five per cent thereof be appropriated +to the latter purpose. + +[Sidenote: Taxation shall be by uniform rule and ad valorem.] + +SEC. 3. Laws shall be passed taxing, by a uniform rule, all moneys, +credits, investments in bonds, stocks, joint-stock companies, or +otherwise; and, also, all real and personal property, according to its +true value in money. The General Assembly may also tax trades, +professions, franchises, and incomes: _Provided_, that no income shall +be taxed when the property from which the income is derived is taxed. + +[Sidenote: Restrictions upon the increase of the public debt, except in +certain contingencies.] + +SEC. 4. Until the bonds of the State shall be at par, the General +Assembly shall have no power to contract any new debt or pecuniary +obligation in behalf of the State, except to supply a casual deficit, or +for suppressing invasions or insurrections, unless it shall in the same +bill levy a special tax to pay the interest annually. And the General +Assembly shall have no power to give or lend the credit of the State in +aid of any person, association or corporation, except to aid in the +completion of such railroads as may be unfinished at the time of the +adoption of this Constitution, or in which the State has a direct +pecuniary interest, unless the subject be submitted to a direct vote of +the people of the State, and be approved by the majority of those who +shall vote thereon. + +[Sidenote: Property exemptions from taxation.] + +SEC. 5. Property belonging to the State, or to municipal corporations, +shall be exempt from taxation. The General Assembly may exempt +cemeteries and property held for educational, scientific, literary, +charitable or religious purposes; also wearing apparel, arms for muster, +household and kitchen furniture, the mechanical and agricultural +implements of mechanics and farmers, libraries and scientific +instruments, or any other personal property, to a value not exceeding +three hundred dollars. + +[Sidenote: Taxes levied by county commissioners.] + +SEC. 6. The taxes levied by the commissioners of the several counties +for county purposes shall be levied in like manner with the State +taxes, and shall never exceed the double of the State tax, except for a +special purpose, and with the special approval of the General Assembly. + +[Sidenote: Acts levying taxes shall state objects, etc.] + +SEC. 7. Every act of the General Assembly levying a tax shall state the +special object to which it is to be applied, and it shall be applied to +no other purpose. + + +ARTICLE VI. + +SUFFRAGE AND ELIGIBILITY TO OFFICE. + +[Sidenote: Qualifications of elector.] + +SECTION 1. Every male person born in the United States, and every male +person who has been naturalized, twenty-one years of age, and possessing +the qualifications set out in this article, shall be entitled to vote at +any election by the people in the State, except as herein otherwise +provided. + +[Sidenote: Qualifications of elector.] + +SEC. 2. He shall have resided in the State of North Carolina for two +years, in the county six months, and in the precinct, ward or other +election district, in which he offers his vote, four months next +preceding the election: _Provided_, that removal from one precinct, ward +or other election district, to another in the same county, shall not +operate to deprive any person of the right to vote in the precinct, ward +or other election district from which he has removed until four months +after such removal. No person who has been convicted, or who has +confessed his guilt in open court upon indictment, of any crime, the +punishment of which now is or may hereafter be imprisonment in the +State's Prison, shall be permitted to vote unless the said person shall +be first restored to citizenship in the manner prescribed by law. + +[Sidenote: Qualification of elector.] + +[Sidenote: General Assembly to provide registration laws.] + +SEC. 3. Every person offering to vote shall be at the time a legally +registered voter as herein prescribed and in the manner hereafter +provided by law, and the General Assembly of North Carolina shall enact +general registration laws to carry into effect the provisions of this +article. + +[Sidenote: Qualifications of elector to register and vote.] + +[Sidenote: Registration of persons entitled to vote without educational +qualification.] + +[Sidenote: Permanent record.] + +SEC. 4. Every person presenting himself for registration shall be able +to read and write any section of the Constitution in the English +language; and before he shall be entitled to vote he shall have paid, on +or before the first day of May of the year in which he proposes to vote, +his poll tax for the previous year as prescribed by Article V, sec. 1, +of the Constitution. But no male person who was on January 1, 1867, or +at any time prior thereto, entitled to vote under the laws of any State +in the United States wherein he then resided, and no lineal descendant +of any such person shall be denied the right to register and vote at any +election in this State by reason of his failure to possess the +educational qualifications herein prescribed: _Provided_, he shall have +registered in accordance with the terms of this section prior to +December 1, 1908. The General Assembly shall provide for the +registration of all persons entitled to vote without the educational +qualifications herein prescribed, and shall, on or before November 1, +1908, provide for making of a permanent record of such registration, and +all persons so registered shall forever thereafter have the right to +vote in all elections by the people in this State, unless disqualified +under section 2 of this article: _Provided_, such person shall have paid +his poll tax as above required. + +[Sidenote: Amendment indivisible.] + +SEC. 5. That this amendment to the Constitution is presented and adopted +as one indivisible plan for the regulation of the suffrage, with the +intent and purpose to so connect the different parts and to make them so +dependent upon each other that the whole shall stand or fall together. + +[Sidenote: Elections by people and General Assembly.] + +SEC. 6. All elections by the people shall be by ballot, and all by the +General Assembly shall be _viva voce_. + +[Sidenote: Oath of office.] + +SEC. 7. Every voter in North Carolina, except as in this article +disqualified, shall be eligible to office, but before entering upon the +duties of the office he shall take and subscribe the following oath: + +"I, ____, do solemnly swear (or affirm) that I will support and maintain +the Constitution and laws of the United States and the Constitution and +laws of North Carolina not inconsistent therewith, and that I will +faithfully discharge the duties of my office as ____ So help me, God." + +[Sidenote: Disqualification for office.] + +SEC. 8. The following classes of persons shall be disqualified for +office: _First_, all persons who shall deny the being of Almighty God. +_Second_, all persons who shall have been convicted or confessed their +guilt on indictment pending, and whether sentenced or not, or under +judgment suspended, of any treason or felony, or of any other crime for +which the punishment may be imprisonment in the penitentiary, since +becoming citizens of the United States, or of corruption or malpractice +in office, unless such person shall be restored to the rights of +citizenship in a manner prescribed by law. + +[Sidenote: When amendment to take effect.] + +SEC. 9. That this amendment to the Constitution shall go into effect on +the first day of July, nineteen hundred and two, if a majority of votes +cast at the next general election shall be cast in favor of this +suffrage amendment. + + +ARTICLE VII. + +MUNICIPAL CORPORATIONS. + +[Sidenote: County officers.] + +SECTION 1. In each county there shall be elected biennially by the +qualified voters thereof, as provided for the election of members of the +General Assembly, the following officers: A treasurer, register of +deeds, surveyor, and five commissioners. + +[Sidenote: Duty of county commissioners.] + +SEC. 2. It shall be the duty of the commissioners to exercise a general +supervision and control of the penal and charitable institutions, +schools, roads, bridges, levying of taxes, and finances of the county, +as may be prescribed by law. The register of deeds shall be, _ex +officio_, clerk of the board of commissioners. + +[Sidenote: Counties to be divided into districts.] + +SEC. 3. It shall be the duty of the commissioners first elected in each +county to divide the same into convenient districts, and to report the +same to the General Assembly before the first day of January, 1869. + +[Sidenote: Said districts shall have corporate powers as townships.] + +SEC. 4. Upon the approval of the reports provided for in the foregoing +section by the General Assembly, the said districts shall have corporate +powers for the necessary purposes of local government, and shall be +known as townships. + +[Sidenote: Officers of townships.] + +SEC. 5. In each township there shall be biennially elected by the +qualified voters thereof a clerk and two justices of the peace, who +shall constitute a board of trustees, and shall, under the supervision +of the county commissioners, have control of the taxes and finances, +roads and bridges of the townships, as may be prescribed by law. The +General Assembly may provide for the election of a larger number of the +Justices of the Peace in cities and towns and in those townships in +which cities and towns are situated. In every township there shall also +be biennially elected a school committee, consisting of three persons, +whose duties shall be prescribed by law. + +[Sidenote: Trustees shall assess property.] + +Sec. 6. THE TOWNSHIP BOARD OF TRUSTEES SHALL ASSESS THE TAXABLE property +of their townships and make returns to the county commissioners for +revision, as may be prescribed by law. The clerk shall be, _ex officio_, +treasurer of the township. + +[Sidenote: No debt or loan except by a majority of voters.] + +SEC. 7. No county, city, town or other municipal corporation shall +contract any debt, pledge its faith or loan its credit, nor shall any +tax be levied or collected by any officers of the same except for the +necessary expenses thereof, unless by a vote of the majority of the +qualified voters therein. + +[Sidenote: Drawing of money.] + +SEC. 8. No money shall be drawn from any county or township treasury +except by authority of law. + +[Sidenote: Taxes to be ad valorem.] + +SEC. 9. All taxes levied by any county, city, town or township shall be +uniform and _ad valorem_ upon all property in the same, except property +exempted by this Constitution. + +[Sidenote: When officers enter on duty.] + +SEC. 10. The county officers first elected under the provisions of this +article shall enter upon their duties ten days after the approval of +this Constitution by the Congress of the United States. + +[Sidenote: Governor to appoint justices.] + +SEC. 11. The Governor shall appoint a sufficient number of justices of +the peace in each county, who shall hold their places until sections +four, five and six of this article shall have been carried into effect. + +[Sidenote: Charters to remain in force until legally changed.] + +SEC. 12. All charters, ordinances and provisions relating to municipal +corporations shall remain in force until legally changed, unless +inconsistent with the provisions of this Constitution. + +[Sidenote: Debts in aid of the rebellion not to be paid.] + +SEC. 13. No county, city, town or other municipal corporation shall +assume to pay, nor shall any tax be levied or collected for the payment +of any debt, or the interest upon any debt, contracted directly or +indirectly in aid or support of the rebellion. + +[Sidenote: Powers of General Assembly over municipal corporations.] + +SEC. 14. The General Assembly shall have full power by statute to +modify, change or abrogate any and all of the provisions of this article +and substitute others in their place, except sections seven, nine, and +thirteen. + + +ARTICLE VIII. + +CORPORATIONS OTHER THAN MUNICIPAL. + +[Sidenote: Corporations under general laws.] + +SECTION 1. Corporations may be formed under general laws, but shall not +be created by special act except for municipal purposes and in cases +where, in the judgment of the Legislature, the object of the corporation +can not be attained under general laws. All general laws and special +acts passed pursuant to this section may be altered from time to time or +repealed. + +[Sidenote: Debts of corporations, how secured.] + +SEC. 2. Dues from corporations shall be secured by such individual +liabilities of the corporations and other means as may be prescribed by +law. + +[Sidenote: What corporations shall include.] + +SEC. 3. The term corporation, as used in this article, shall be +construed to include all associations and joint stock companies having +any of the powers and privileges of corporations not possessed by +individuals or partnerships. And all corporations shall have the right +to sue and shall be subject to be sued in all courts in like cases as +natural persons. + +[Sidenote: Legislature to provide for organising cities, towns, etc.] + +SEC. 4. It shall be the duty of the Legislature to provide for the +organization of cities, towns and incorporated villages, and to restrict +their power of taxation, assessment, borrowing money, contracting debts +and loaning their credit, so as to prevent abuses in assessment and in +contracting debts by such municipal corporations. + + +ARTICLE IX. + +EDUCATION. + +[Sidenote: Education shall be encouraged.] + +SECTION 1. Religion, morality and knowledge being necessary to good +government and the happiness of mankind, schools and the means of +education shall forever be encouraged. + +[Sidenote: General Assembly shall provide for schools.] + +[Sidenote: Separation of the races.] + +SEC. 2. The General Assembly, at its first session under this +Constitution, shall provide by taxation and otherwise for a general and +uniform system of public schools, wherein tuition shall be free of +charge to all the children of the State between the ages of six and +twenty-one years. And the children of the white race and the children of +the colored race shall be taught in separate public schools; but there +shall be no discrimination in favor of or to the prejudice of either +race. + +[Sidenote: Counties to be divided into districts.] + +SEC. 3. Each county of the State shall be divided into a convenient +number of districts, in which one or more public schools shall be +maintained at least four months in every year; and if the commissioners +of any county shall fail to comply with the aforesaid requirements of +this section they shall be liable to indictment. + +[Sidenote: What property shall be devoted to educational purposes.] + +SEC. 4. The proceeds of all lands that have been or hereafter may be +granted by the United States to this State and not otherwise +appropriated by this State or the United States, also all moneys, +stocks, bonds and other property now belonging to any State fund for +purposes of education, also the net proceeds of all sales of the swamp +lands belonging to the State, and all other grants, gifts or devises +that have been or hereafter may be made to the State and not otherwise +appropriated by the State or by the terms of the grant, gift or devise, +shall be paid into the State treasury, and, together with so much of the +ordinary revenue of the State as may be by law set apart for that +purpose, shall be faithfully appropriated for establishing and +maintaining in this State a system of free public schools, and for no +other uses or purposes whatsoever. + +[Sidenote: County school fund.] + +[Sidenote: Proviso.] + +SEC. 5. All moneys, stocks, bonds and other property belonging to a +county school fund, also the net proceeds from the sale of estrays, also +the clear proceeds of all penalties and forfeitures and of all fines +collected in the several counties for any breach of the penal or +military laws of the State, and all moneys which shall be paid by +persons as an equivalent for exemption from military duty, shall belong +to and remain in the several counties, and shall be faithfully +appropriated for establishing and maintaining free public schools in the +several counties of this State: _Provided_, that the amount collected in +each county shall be annually reported to the Superintendent of Public +Instruction. + +[Sidenote: Election of trustees and provisions for maintenance of the +university.] + +SEC. 6. The General Assembly shall have power to provide for the +election of trustees of the University of North Carolina, in whom, when +chosen, shall be vested all the privileges, rights, franchises and +endowments thereof in anywise granted to or conferred upon the trustees +of said University, and the General Assembly may make such provisions, +laws and regulations from time to time as may be necessary and expedient +for the maintenance and management of said University. + +[Sidenote: Benefits of the university.] + +SEC. 7. The General Assembly shall provide that the benefits of the +University, as far as practicable, be extended to the youth of the State +free of expense for tuition; also that all the property which has +heretofore accrued to the State or shall hereafter accrue from escheats, +unclaimed dividends or distributive shares of the estates of deceased +persons, shall be appropriated to the use of the University. + +[Sidenote: Board of education.] + +SEC. 8. The Governor, Lieutenant-Governor, Secretary of State, +Treasurer, Auditor, Superintendent of Public Instruction, and +Attorney-General shall constitute a State Board of Education. + +[Sidenote: President and secretary.] + +SEC. 9. The Governor shall be president and the Superintendent of Public +Instruction shall be secretary of the Board of Education. + +[Sidenote: Power of board.] + +SEC. 10. The Board of Education shall succeed to all the powers and +trusts of the president and directors of the Literary Fund of North +Carolina, and shall have full power to legislate and make all needful +rules and regulations in relation to free public schools and the +educational fund of the State; but all acts, rules and regulations of +said board may be altered, amended or repealed by the General Assembly, +and when so altered, amended or repealed the time of future meetings may +be determined by the board. + +[Sidenote: First session of board.] + +SEC. 11. The first session of the Board of Education shall be held at +the capital of the State within fifteen days after the organization of +the State government under this Constitution; the time of future +meetings may be determined by the board. + +[Sidenote: Quorum.] + +SEC. 12. A majority of the board shall constitute a quorum for the +transaction of business. + +[Sidenote: Expenses.] + +SEC. 13. The contingent expenses of the board shall be provided by the +General Assembly. + +[Sidenote: Agricultural department.] + +SEC. 14. As soon as practicable after the adoption of this Constitution +the General Assembly shall establish and maintain in connection with the +University a department of agriculture, of mechanics, of mining, and of +normal instruction. + +[Sidenote: Children must attend school.] + +SEC. 15. The General Assembly is hereby empowered to enact that every +child of sufficient mental and physical ability shall attend the public +schools during the period between the ages of six and eighteen years for +a term of not less than sixteen months, unless educated by other means. + + +ARTICLE X. + +HOMESTEADS AND EXEMPTIONS. + +[Sidenote: Exemption.] + +SECTION 1. The personal property of any resident of this State to the +value of five hundred dollars, to be selected by such resident, shall be +and is hereby exempted from sale under execution or other final process +of any court issued for the collection of any debt. + +[Sidenote: Homestead.] + +SEC. 2. Every homestead, and the dwellings and buildings used therewith, +not exceeding in value one thousand dollars, to be selected by the owner +thereof, or in lieu thereof, at the option of the owner, any lot in a +city or village, with the dwellings and buildings used thereon, owned +and occupied by any resident of this State, and not exceeding the value +of one thousand dollars, shall be exempt from sale under execution or +other final process obtained on any debt. But no property shall be +exempt from sale for taxes or for payment of obligations contracted for +the purchase of said premises. + +[Sidenote: Homestead exempted from debt.] + +SEC. 3. The homestead, after the death of the owner thereof, shall be +exempt from the payment of any debt during the minority of his children +or any one of them. + +[Sidenote: Laborer's lien.] + +SEC. 4. The provisions of sections one and two of this article shall not +be so construed as to prevent a laborer's lien for work done and +performed for the person claiming such exemption, or a mechanic's lien +for work done on the premises. + +[Sidenote: Benefit of widow.] + +SEC. 5. If the owner of a homestead die, leaving a widow but no +children, the same shall be exempt from the debts of her husband, and +the rents and profits thereof shall inure to her benefit during her +widowhood, unless she be the owner of a homestead in her own right. + +[Sidenote: Property of a married female secured to her.] + +SEC. 6. The real and personal property of any female in this State +acquired before marriage, and all property, real and personal, to which +she may, after marriage, become in any manner entitled, shall be and +remain the sole and separate estate and property of such female, and +shall not be liable for any debts, obligations or engagements of her +husband, and may be devised and bequeathed, and, with the written assent +of her husband, conveyed by her as if she were unmarried. + +[Sidenote: Husband may insure his life for the benefit of wife and +children.] + +SEC. 7. The husband may insure his own life for the sole use and benefit +of his wife and children, and in case of the death of the husband the +amount thus insured shall be paid over to the wife and children, or to +the guardian if under age, for her or their own use, free from all the +claims of the representatives of her husband or any of his creditors. + +[Sidenote: How deed for homestead may be made.] + +SEC. 8. Nothing contained in the foregoing sections of this article +shall operate to prevent the owner of a homestead from disposing of the +same by deed; but no deed made by the owner of a homestead shall be +valid without the voluntary signature and assent of his wife, signified +on her private examination according to law. + + +ARTICLE XI. + +PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES. + +[Sidenote: Punishments.] + +[Sidenote: Convict labor.] + +[Sidenote: Proviso.] + +SECTION 1. The following punishments only shall be known to the laws of +this State, viz., death, imprisonment with or without hard labor, fines, +removal from office, and disqualification to hold and enjoy any office +of honor, trust or profit under this State. The foregoing provision for +imprisonment with hard labor shall be construed to authorize the +employment of such convict labor on public works or highways, or other +labor for public benefit, and the farming out thereof, where and in such +manner as may be provided by law; but no convict shall be farmed out who +has been sentenced on a charge of murder, manslaughter, rape, attempt to +commit rape or arson: _Provided_, that no convict whose labor may be +farmed out shall be punished for any failure of duty as a laborer except +by a responsible officer of the State; but the convicts so farmed out +shall be at all times under the supervision and control, as to their +government and discipline, of the penitentiary board or some officer of +the State. + +[Sidenote: Death punishment.] + +SEC. 2. The object of punishment being not only to satisfy justice, but +also to reform the offender, and thus prevent crime, murder, arson, +burglary and rape, and these only, may be punishable with death, if the +General Assembly shall so enact. + +[Sidenote: Penitentiary.] + +SEC. 3. The General Assembly shall, at its first meeting, make provision +for the erection and conduct of a State's Prison or penitentiary at +some central and accessible point within the State. + +[Sidenote: House of correction.] + +SEC. 4. The General Assembly may provide for the erection of a house of +correction, where vagrants and persons guilty of misdemeanors shall be +restrained and usefully employed. + +[Sidenote: Houses of refuge.] + +SEC. 5. A house or houses of refuge may be established whenever the +public interests may require it, for the correction and instruction of +other classes of offenders. + +[Sidenote: The sexes to be separated.] + +SEC. 6. It shall be required by competent legislation that the structure +and superintendence of penal institutions of the State, the county jails +and city police prisons secure the health and comfort of the prisoners, +and that male and female prisoners be never confined in the same room or +cell. + +[Sidenote: Provision for the poor and orphans.] + +SEC. 7. Beneficent provisions for the poor, the unfortunate and orphan +being one of the first duties of a civilized and Christian State, the +General Assembly shall, at its first session, appoint and define the +duties of a Board of Public Charities, to whom shall be entrusted the +supervision of all charitable and penal State institutions, and who +shall annually report to the Governor upon their condition, with +suggestions for their improvement. + +[Sidenote: Orphan houses.] + +SEC. 8. There shall also, as soon as practicable, be measures devised by +the State for the establishment of one or more orphan houses, where +destitute orphans may be cared for, educated and taught some business or +trade. + +[Sidenote: Inebriates and idiots.] + +SEC. 9. It shall be the duty of the Legislature, as soon as practicable, +to devise means for the education of idiots and inebriates. + +[Sidenote: Deaf-mutes, blind and insane.] + +SEC. 10. The General Assembly may provide that the indigent, deaf-mute, +blind and insane of the State shall be cared for at the charge of the +State. + +[Sidenote: Self-supporting.] + +SEC. 11. It shall be steadily kept in view by the Legislature and the +Board of Public Charities, that all penal and charitable institutions +should be made as nearly self-supporting as is consistent with the +purposes of their creation. + + +ARTICLE XII. + +MILITIA. + +[Sidenote: Who are liable to militia duty.] + +SECTION 1. All able-bodied male citizens of the State of North Carolina, +between the ages of twenty-one and forty years, who are citizens of the +United States, shall be liable to do duty in the militia: _Provided_, +that all persons who may be averse to bearing arms, from religious +scruples, shall be exempt therefrom. + +[Sidenote: Organizing, etc.] + +SEC. 2. The General Assembly shall provide for the organizing, arming, +equipping and discipline of the militia, and for paying the same, when +called into active service. + +[Sidenote: Governor commander in chief.] + +SEC. 3. The Governor shall be Commander in Chief, and shall have power +to call out the militia to execute the law, suppress riots or +insurrection, and to repel invasion. + +[Sidenote: Exemptions.] + +SEC. 4. The General Assembly shall have power to make such exemptions as +may be deemed necessary, and enact laws that may be expedient for the +government of the militia. + + +ARTICLE XIII. + +AMENDMENTS. + +[Sidenote: Convention, how called.] + +SECTION 1. No convention of the people of this State shall ever be +called by the General Assembly, unless by the concurrence of two-thirds +of all the members of each House of the General Assembly, and except the +proposition, Convention or No Convention, be first submitted to the +qualified voters of the whole State, at the next general election in a +manner to be prescribed by law. And should a majority of the votes cast +be in favor of said convention, it shall assemble on such day as may be +prescribed by the General Assembly. + +[Sidenote: How the Constitution may be altered.] + +SEC. 2. No part of the Constitution of this State shall be altered +unless a bill to alter the same shall have been agreed to by +three-fifths of each House of the General Assembly. And the amendment or +amendments so agreed to shall be submitted at the next general election +to the qualified voters of the whole State, in such a manner as may be +prescribed by law. And in the event of their adoption by a majority of +the votes cast, such amendment or amendments shall become a part of the +Constitution of the State. + + +ARTICLE XIV. + +MISCELLANEOUS. + +[Sidenote: Indictments.] + +SECTION 1. All indictments which shall have been found, or may hereafter +be found, for any crime or offense committed before this Constitution +takes effect, may be proceeded upon in the proper courts, but no +punishment shall be inflicted which is forbidden by this Constitution. + +[Sidenote: Penalty for fighting duel.] + +SEC. 2. No person who shall hereafter fight a duel, or assist in the +same as a second, or send, accept, or knowingly carry a challenge +therefor, or agree to go out of the State to fight a duel, shall hold +any office in this State. + +[Sidenote: Drawing money.] + +SEC. 3. No money shall be drawn from the treasury but in consequence of +appropriations made by law; and an accurate account of the receipts and +expenditures of the public money shall be annually published. + +[Sidenote: Mechanic's lien.] + +SEC. 4. The General Assembly shall provide, by proper legislation, for +giving to mechanics and laborers an adequate lien on the subject matter +of their labor. + +[Sidenote: Governor to make appointments.] + +SEC. 5. In the absence of any contrary provision, all officers of this +State, whether heretofore elected, or appointed by the Governor, shall +hold their positions only until other appointments are made by the +Governor, or, if the officers are elective, until their successors shall +have been chosen and duly qualified according to the provisions of this +Constitution. + +[Sidenote: Seat of government.] + +SEC. 6. The seat of government of this State shall remain at the city of +Raleigh. + +[Sidenote: Holding office.] + +SEC. 7. No person, who shall hold any office or place of trust or profit +under the United States, or any department thereof, or under this State, +or under any other State or government, shall hold or exercise any other +office or place of trust or profit under the authority of this State, or +be eligible to a seat in either House of the General Assembly: +_Provided_, that nothing herein contained shall extend to officers in +the militia, justices of the peace, commissioners of public charities, +or commissioners for special purposes. + +[Sidenote: Intermarriage of whites and negroes prohibited.] + +SEC. 8. All marriages between a white person and a negro, or between a +white person and a person of negro descent to the third generation +inclusive, are hereby forever prohibited. + + + + +INDEX TO STATE CONSTITUTION + + + Art. Sec. + +Abuses in assessments and contracting debts + by municipal corporations, general assembly to prevent; 8 4 + +Actions at law and equity suits, no distinction; 4 1 + Pending when constitution took effect; 4 20 + +Acts of general assembly, style of; 2 21 + Levying taxes, must state object; 5 7 + +Agriculture, department of; 3 17 + In connection with university; 9 14 + +Alimony, general assembly does not secure; 2 10 + +Allegiance to U. S. Government; 1 5 + +Amendments; 13 + Do not vacate existing offices; 4 33 + +Answer to criminal charge; 1 12 + +Apportionment of senators and representatives; 2 4-5-6 + +Arms, right to bear; 1 24 + +Article seven, general assembly may modify or repeal + certain sections; 7 14 + +Assemblage, right of; 1 25 + +Attorney-general advises executive; 3 14 + Duties of; 3 13 + +Auditor, duties of; 3 13 + +Bail, excessive; 1 14 + +Ballot, elections to be by; 6 3 + +Bills of general assembly, read three times; 2 23 + +Blind provided for; 11 10 + +Board of charities; 11 7 + +Boundaries of state; 1 34 + +Capitation tax, application of proceeds from; 5 2 + Exempts; 5 1 + +Capital punishment; 11 2 + +Charities, public; 11 + Deaf-mutes and the blind; 11 10 + Idiots and inebriates; 11 9 + Provision for orphans and the poor; 11 7 + Self-supporting, as far as possible; 11 14 + +Cities organized by legislation; 8 4 + +Citizenship, restoration to; 2 11 + +Civil and criminal actions; 4 1 + +Claims against the state; 4 9 + +Clerk of superior court, election of; 4 10 + Removal for inability; 4 32 + +Clerk of Supreme court; 4 15 + Terms of office of; 4 17 + Removal of; 4 32 + +Commutations; 3 6 + +Compulsory education, general assembly may provide; 9 15 + +Concealed weapons, carrying not justified; 1 24 + +Constitution, how changed; 13 2 + +Controversies at law about property; 1 19 + +Convention, how called; 13 + +Convict labor; 11 1 + +Coroner and sheriff; 4 24 + +Corporations, municipal; 7 + Charters remain in force till legally changed; 7 12 + Power of general assembly over; 7 12 + +Corporations other than municipal; 8 + Debts of, how secured; 8 2 + Definition of; 8 3 + Under general laws; 8 1 + +Correction, houses of; 11 4 + +Council of state; 3 14 + +Counsel allowed defendant; 1 11 + +County commissioners, election and duty of; 7 1-2 + +Counties, commissioners divide, into districts; 7 3 + Districts have corporate powers as townships; 7 4 + Majority of voters necessary to levy taxes, etc.; 7 7 + Money, how drawn from its treasury; 7 8 + Officers enter on duty, when; 7 10 + Of townships; 7 5 + School districts; 9 3 + Fund; 9 5 + Taxes to be ad valorem; 7 9 + Township trustees assess property; 7 6 + +County treasurer; 7 1 + +Courts to be open; 1 35 + Kinds of; 4 2 + +Criminal charges, answer to; 1 12 + +Criminal and civil actions; 4 1 + Courts for cities and towns; 4 14 + Prosecutions; 1 11 + +Deaf-mutes provided for; 11 10 + +Death punishment; 11 2 + +Debt does not affect homestead; 10 3 + County, city or town cannot contract, + except by majority of qualified voters; 7 7 + Imprisonment for; 1 16 + In aid of rebellion, void; 7 13 + +Debt, restrictions upon increase of public, etc.; 5 4 + What bonds declared invalid; 1 6 + Declaration of rights; 1 + +Department of agriculture; 3 17 + +Divorce, general assembly does not grant; 2 17 + +Disqualification for office; { 6 5 + { 14 7 + Dueling disqualifies; 14 2 + +Education, board of; 9 8 + Officers; 9 9 + Expenses; 9 13 + County school fund; 9 5 + Encouraged; { 9 1 + { 1 27 + First session of; 9 11 + Power of; 9 10 + Property devoted to; 9 4-5 + Quorum; 9 12 + +Election of officers by general assembly, viva voce; 2 9 + +Elections, by people and general assembly; 6 3 + Contested, returns of; 3 3 + Free; 1 10 + Frequent; 1 28 + +Electors, oath of office of; 6 4 + Qualifications of; 6 1 + Registration of; 6 2 + +Eligibility to office; 6 + +Emoluments, exclusive, none; 1 7 + Hereditary; 1 30 + +Entails to be regulated; 2 15 + +Enumeration of rights, not to impair others + retained by people; 1 37 + +Equity suits and actions at law, distinction abolished; 4 1 + Pending when constitution took effect; 4 20 + +Evidence against himself, criminal not compelled to give; 1 11 + +Executive, attorney-general advises; 3 14 + Department of; 3 + Distinct; 1 8 + Officers; 3 1 + Compensation; 3 15 + Duties; 3 13 + Reports of; 3 7 + Terms of office of; 3 1 + Seal of state; 3 16 + Vacancy in, how filled; 3 13 + +Exemption; 10 1 + By reason of military duty, etc.; 12 4 + Property of _feme covert_ not liable for + husband's debts; 10 6 + +_Ex post facto_ laws; 1 32 + +Extra session of general assembly; 3 9 + +Feigned issues abolished; 4 1 + +_Feme sole_, property of, not liable for + husband's debts; 10 6 + +Fines, excessive; 1 14 + +Freedom of the press; 1 20 + +Fundamental principles, frequent recurrence to; 1 29 + +General Assembly, acts, style of; 2 21 + Article seven may be modified or repealed by; 7 14 + Bills and resolutions read three times; 2 23 + Compulsory education may be enforced by; 9 15 + Election by; 6 3 + Entails regulated by; 2 15 + Extra sessions; { 2 28 + { 3 9 + Journals kept; 2 16 + Protests entered on; 2 17 + Members of; 2 24 + Assemble when; 2 2 + Election for, when held; 2 27 + Office a disqualification; 14 7 + Terms commence with election; 2 25 + Vacancies, how filled; 2 13 + Municipal corporations controlled by; 7 14 + Names, personal not changed by; 2 11 + Officers of, election, viva voce; 2 9 + Pay of; 2 28 + President of senate; 2 19 + Speaker of house; 2 18 + Powers of; 2 22 + In relation to divorce and alimony; 2 10 + Representation apportioned by; 2 4-5 + Revenue; 2 14 + Schools provided by; 9 2 + University to be maintained by; 9 6-7 + Yeas and nays; 2 14-26 + +Government, allegiance to U. S.; 1 5 + Internal, of state; 1 3 + Origin of; 1 2 + Seat of, remains in Raleigh; 14 6 + +Governor, commands militia; 3 8 + Commutations, pardons, reprieves; 3 6 + +Governor, compensation 3 15 + Duties of 3 12 + Extra sessions called by 3 9 + Impeachment of 3 12 + Justices of peace appointed by, when 7 11 + Lieutenant, qualification of 3 2 + Oath of office 3 4 + Officers appointed by { 3 10 + {14 5 + Qualification of 3 2 + Residence of 3 5 + Vacancy in office of 3 12 + + +_Habeas corpus_ 1 21 + +Hereditary emoluments 1 30 + +Homestead and exemption 10 2 + Benefit of widow in 10 5 + Exempted from debt 10 3 + Laborer's lien attaches 10 4 + Privy examination of wife to dispose of 10 8 + +House of correction 11 4 + Orphans 11 8 + Refuge 11 5 + +House of Representatives, representatives, apportionment 2 5 + Officers of 2 18 + Term begins when 2 25 + Qualification for 2 8 + Ratio of 2 6 + +Husband can insure life for benefit of family 10 7 + + +Idiots provided for 11 9 + +Immigration, department of 3 17 + +Impeachment 4 4 + Court of 4 3 + Of governor 3 12 + +Imprisonment for debt 1 16 + Except by law, wrong 1 17 + +Indictments for crimes committed before constitution + took effect 14 1 + +Inebriates 11 9 + +Inferior courts 4 12 + Officers of 4 30 + +Insane provided for 11 10 + +Institutions, charitable 11 + Penal 11 + Public, annual reports from 3 7 + Self-supporting far as possible 11 11 + Sexes to be separated 11 6 + +Instruction, superintendent of public 3 13 + +Intermarriage of whites and negroes prohibited 14 8 + +Internal government of state 1 3 + +Issues of fact, by whom tried and how waived 4 13 + + +Judges, election, terms of, etc. 4 21 + Fees, salaries, emoluments 4 18 + Removal of, for inability 4 31 + Residence of 4 11 + +Judicial Department 4 + Districts for superior courts 4 10 + General assembly not to deprive of jurisdiction 4 12 + Powers, division of 4 2 + Term of first officers under constitution 4 26 + Vacancies 4 25 + +Judicial remedy allowed all 1 35 + +Judiciary distinct; 1 8 + +Jurisdiction, courts inferior to supreme; 4 12 + Justices of the peace; 4 27 + Supreme court; 4 8 + +Jury, right of; 1 13 + Sacred and inviolable; 1 19 + Trial by, waived; 4 13 + +Justices of the peace, governor appoints when; 7 11 + Jurisdiction of; 4 27 + Vacancies in office; 4 28 + +Laborers' and mechanics' lien; 14 4 + Attaches homestead; 10 4 + +Law of the land, no person imprisoned, or + deprived of life, etc., but by; 1 17 + +Laws, _ex post facto_ and retrospective; 1 32 + Private, thirty days' notice before passage; 2 12 + What in force; 4 19 + +Legislative, distinct; 1 8 + Two branches of; 2 1 + +Legislature provides for organizing towns, etc.; 8 4 + Trials other than jury; 1 13 + +Legitimation, general assembly can pass general laws for; 2 11 + +Liberty, deprivation of, except by law; 1 17 + Religious; 1 26 + Restraint of, remedied; 1 18 + Warrants without evidence, dangerous to; 1 15 + +Lien of laborers and mechanics; 14 4 + +Lieutenant-governor, president of senate, duties of; 3 11 + When governor; 3 12 + +Literary fund, board of education to succeed to rights of; 9 10 + +Marriages between whites and negroes forbidden; 14 8 + +Married woman, husband can insure life for benefit of; 10 7 + Privy examination of, to dispose of homestead; 10 8 + Property of, not liable for husband's debts; 10 6 + +Mechanics' lien; 14 4 + +Men, equality, rights of; 1 1 + +Militia; { 1 24 + { 12 + Exemptions from duty; 12 4 + Governor commands; { 3 8 + { 12 2 + Organization of; 12 2 + Who liable to bear arms; 12 1 + +Money, how drawn from state treasury; 4 1 + County or township treasury; 7 8 + +Monopolies are injurious; 1 31 + +Municipal corporations; 7 + Cannot contract debt except by majority of + qualified voters; 7 7 + Charters remain in force till changed; 7 12 + General assembly to provide for organization of, + taxation, etc., by; 8 4 + Power of general assembly over; 7 14 + +Names, personal, how changed 2 11 + +Normal school, to be maintained by general assembly + at university; 9 14 + +Oath of governor; 3 4 + +Oath of members of general assembly; 2 24 + +Oath of office; 6 4 + +Office, cannot hold two; 14 7 + Disqualification; 6 5 + Dueling disqualifies for; 14 2 + Eligibility to; 6 + Qualification, property, none; 1 22 + +Officers, county; { 7 1 + { 7 10 + First elected; 4 26 + What, appointed by governor; { 3 10 + {14 5 + +Orphans, houses for; 11 8 + Provision for; 11 7 + +Pardons; 3 6 + +Peace, soldiers quartered in time of; 1 36 + +Penitentiary; 11 3 + Convict labor; 11 1 + Self-supporting as far as possible; 11 11 + Sexes separated; 11 6 + +People, right of, to assemble together; 1 25 + +Perpetuities, injurious; 1 31 + General assembly shall prevent; 2 15 + +Political power and government; 1 2 + Societies in secret dangerous; 1 25 + +Poor, provision for; 11 7 + +Power of general assembly; 2 22 + To suspend laws injurious; 1 9 + +Powers, executive, judicial and legislative, distinct; 1 8 + Judicial, division of; 4 2 + +Press, freedom and abuse of; 1 20 + +Principles, recurrence to fundamental; 1 29 + +Prisoners, health and comfort secured; 11 6 + +Private laws; 2 11-12 + +Privileges, exclusive, none; 1 7 + +Property, controversies at law about; 1 19 + Deprivation of, except by law, wrong; 1 17 + Devoted to education; 9 4 + Exemptions from taxation; 5 5 + _Feme sole_ not liable for husband's debts; 10 6 + Qualification, none; 1 22 + +Prosecution, criminal; 1 11 + +Protest, by whom and when made; 2 17 + +Public debt, increase of, restricted, etc.; 5 4 + What bonds declared invalid; 1 6 + +Public money, how drawn; 14 3 + +Public schools, general assembly to provide for; 9 2 + +Punishments, penal institutions and public charities; 11 + Cruel or unusual; { 1 14 + {14 1 + +Qualification and election of members of general + assembly, each house judge of; 2 22 + +Rebellion, debt in aid of, not to be paid; 7 13 + +Recurrence to fundamental principles; 1 29 + +Refuge, houses of; 11 5 + +Register of deeds; 7 1 + +Registration of electors; 6 2 + +Religious liberty; 1 26 + Scruples against bearing arms; 12 1 + +Removal of judges; 4 31 + Of clerks; 4 32 + +Representation and taxation; 1 23 + +Reprieves; 3 6 + +Retrospective laws; 1 32 + +Revenue; { 2 14 + { 5 + +Right of assemblage; 1 25 + Jury; 1 13 + +Right of secession, none; 1 4 + To bear arms; 1 24 + To suspend laws, injurious; 1 9 + +Rights, declaration of; 1 + Of men; { 1 1 + { 1 37 + +Salaries and fees, general assembly to regulate; 4 18 + +Schools, attendance of children; 9 15 + County, divided into districts; 9 3 + Fund; 9 5 + Provided by legislation; 9 2 + Races separate; 9 2 + +Seal of state; 3 16 + +Search warrants without evidence, wrong; 1 15 + +Seat of government at Raleigh; 14 6 + +Secession, no right of; 1 4 + +Secretary of state, duties of; 3 13 + +Senate, presiding officer; 2 19 + _Pro tem_. speaker, when elected; 2 20 + +Senators, number of; 2 3 + Other senatorial officers; 2 20 + President of; 2 19 + Qualifications; for 2 7 + Regulating senatorial districts; 2 4 + +Sexes separated in confinement; 11 6 + +Sheriff and coroner; 4 24 + +Slavery prohibited; 1 33 + +Societies, secret political, dangerous; 1 25 + +Soldiers, how quartered; 1 36 + +Solicitor, how elected; 4 23 + +Special courts; 4 14 + +State boundaries; 1 34 + Claims against; 4 9 + Internal government; 1 3 + +Statistics, department of; 3 17 + +Suffrage and eligibility to office; 6 + +Superintendent of public instruction; 3 13 + Reports of county school fund to be made; 9 5 + +Superior court, open at all times except for jury trials; 4 22 + Clerk, his election; 4 16 + Districts; 4 10 + Judges, election and term; 4 21 + Residence; 4 11 + Rotation; 4 11 + Solicitor for each district; 4 23 + Special term; 4 12 + Term; 4 17 + Vacancy; 4 29 + Transaction of business; 4 22 + +Supreme court, clerk; 4 15 + Jurisdiction; 4 8-9 + Justices; 4 6 + Election and terms of; 4 21 + Terms of; 4 7 + +Surveyor; 7 1 + +Suspending laws without consent of representatives, + not to be exercised; 1 9 + +Taxation, _ad valorem_ and uniform; 5 3 + And revenue; { 5 + { 1 23 + +Taxation, except for necessary expenses, not levied + by county, city or town without assent of majority + of voters; 7 7 + Levied by county commissioners; 5 6 + Of county to be ad valorem; 7 9 + Of purchases and sales retrospectively not to be passed; 1 32 + Property, exemptions from; 5 5 + +Taxes, acts to levy, to state object; 5 7 + +Towns, etc., organized by legislation; 8 4 + +Townships, officers of; 7 5 + +Treason against state; 4 5 + +Treasurer, duties of; 3 13 + + +University, agricultural department of, mechanics, mining + and normal instruction connected with; 9 14 + Benefits of; 9 7 + Election of trustees; 9 6 + General assembly shall maintain; 9 7 + Maintenance of; 9 6 + Property devoted to; 9 7 + + +Vacancies in general assembly; 2 13 + Other; { 3 12-13 + { 4 25-28 + {29 + +Vagrants, houses of correction for; 11 4 + + +Warrants without evidence injurious; 1 15 + +Whites and negroes cannot intermarry; 14 8 + Separated in schools; 9 2 + +Widow, homestead benefits; 10 5 + + +Yeas and nays, when entered; 2 14-26 + + + + +CHAPTER 81. + +(Public Laws, Extra Session, 1913) + +AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA. + +_The General Assembly of North Carolina do enact_: + + +SECTION 1. That the Constitution of the State of North Carolina be and +the same is hereby amended in manner and form as follows: + +[Sidenote: Substituting words "war between the States" for the words +"insurrection or rebellion against the United States."] + +I. By striking out of article one, section six, the words "insurrection +or rebellion against the United States," and inserting to lieu thereof +the following words: "the War Between the States," and by striking out +the word "rebellion" in section thirteen of article seven and inserting +in lieu thereof the words "War Between the States." + +II. By striking out section twenty-eight of article two, and +substituting in lieu thereof the following: + +[Sidenote: Increasing per diem and reducing mileage of members of the +general assembly.] + +"SEC. 28. The members of the General Assembly for the term for which +they have been elected shall receive as compensation for their services +the sum of six dollars per day for each day of their session, for a +period not exceeding sixty days; and should they remain longer in +session they shall serve without compensation. They shall also be +entitled to receive five cents per mile both while coming to the seat of +government and while returning home, the said distance to be computed by +the nearest line or route of public travel. The compensation of the +presiding officers of the two houses shall be eight dollars per day and +mileage. Should an extra session of the General Assembly be called, the +members and presiding officers shall receive a like rate of compensation +for a period not exceeding twenty days." + +III. By adding at the end of article two a new section, to wit: + +[Sidenote: Restricting local, private, and special legislation.] + +"SEC. 29. The General Assembly shall not pass any local, private, or +special act or resolution: + +"Relating to the establishment of courts inferior to the Superior Court; + +"Relating to the appointment of justices of the peace; + +"Relating to health, sanitation, and abatement of nuisances; + +"Changing the names of cities, towns, and townships; + +"Authorizing the laying out, opening, altering, maintaining, or +discontinuing highways, streets, or alleys; + +"Relating to ferries or bridges; + +"Relating to game or hunting; + +"Relating to nonnavigable streams; + +"Relating to cemeteries; + +"Relating to the pay of jurors; + +"Erecting new townships, or changing township lines, or establishing or +changing the lines of school districts; + +"Remitting fines, penalties, and forfeitures, or refunding moneys +legally paid into the public treasury; + +"Regulating labor, trade, mining, or manufacturing; + +"Extending the time for the assessment or collection of taxes or +otherwise relieving any collector of taxes from the due performance of +his official duties or his sureties from liability; + +"Giving effect to informal wills and deeds. + +"Nor shall the General Assembly enact any such local, private, or +special act by the partial repeal of a general law; but the General +Assembly may at any time repeal local, private, or special laws enacted +by it. + +"Any local, private, or special act or resolution passed in violation of +the provisions of this section shall be void. + +"The General Assembly shall have power to pass general laws regulating +the matters set out in this section." + +[Sidenote: Fixing the beginning of the term of officers of the executive +department.] + +IV. By striking out the words "first day of," in section one of article +three and inserting in lieu thereof the words "second Wednesday after +the first Monday in." + +[Sidenote: Providing for special emergency judges.] + +V. By adding at the end of section eleven of article four the following: +"and the General Assembly may by general law 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 Courts, +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 Superior Courts, in the courts which they are so appointed to hold; +and the General Assembly shall provide for their reasonable +compensation." + +[Sidenote: Elimination of obsolete sections.] + +VI. By striking out sections twenty, twenty-six, and thirty-three of +article four. + +VII. By abrogating and striking out all the sections of article five and +section nine of article seven, and inserting in lieu of said article +five the following: + + +ARTICLE V. + +_Revenue and Taxation._ + +[Sidenote: Taxes imposed only for public purposes. Consent of people or +representatives.] + +SECTION 1. Taxes shall be imposed only for public purposes, by and with +the consent of the people or their representatives in the General +Assembly. + +[Sidenote: Subjects may by classified. Uniformity of taxes.] + +[Sidenote: Proviso: income from property already taxed.] + +[Sidenote: Separation of subjects.] + +SEC. 2. The General Assembly may, consistent with natural justice and +equity, classify subjects of taxation; and all taxes shall be uniform +upon the same class of property within the territorial limits of the +authority levying the tax: _Provided_, that no income shall be taxed +when the property from which the income is derived is taxed; and, +consistent with natural justice and equity, the General Assembly may +separate subjects of taxation for State and local purposes. + +[Sidenote: State tax on real estate if subjects be separate.] + +SEC. 3. If the subjects of taxation be separated for State and local +purposes, in a manner not allowed by law immediately prior to the +adoption of this amendment, no part of the _ad valorem_ tax on real +estate, except the real estate of public service corporations, shall be +applied to State purposes. + +[Sidenote: Power to tax not surrendered. Property exempted.] + +[Sidenote: Property which may be exempted.] + +SEC. 4. The power to tax shall not be surrendered, suspended, or +contracted away, but property belonging to the State, a county, or a +municipality shall be exempt from taxation; and the General Assembly may +exempt cemeteries, property held and used for educational, scientific, +literary, charitable, or religious purposes; and also personal property +of a natural person of a value not exceeding three hundred dollars +($300). + +[Sidenote: Limit of rate for State and county purposes.] + +[Sidenote: Limit of rate by cities and towns.] + +[Sidenote: Proviso: debts heretofore contracted and taxes heretofore +authorized.] + +SEC. 5. The _ad valorem_ taxes on real estate and personal property +shall not exceed for all State and county purposes sixty-six and +two-thirds (66-2/3) cents per annum on the one hundred dollars ($100) +assessed valuation of such property, unless a greater rate be approved +by a majority of those who shall vote at an election held thereon. The +_ad valorem_ taxes collected on real estate and personal property by +cities and towns shall not exceed, for all purposes, seventy-five cents +(75c.) per annum on the one hundred dollars ($100) assessed valuation, +unless a greater rate be approved by a majority of those who shall vote +at an election held thereon: _Provided_, that these limitations on the +rate of taxation shall not apply to taxes necessary to pay debts +contracted prior to the adoption of this amendment, nor to taxes +heretofore authorized by an act of the General Assembly, or by vote of +the people. + +[Sidenote: Caption tax.] + +[Sidenote: Application of State and county capitation tax.] + +[Sidenote: Exemption from capitation tax.] + +SEC. 6. The General Assembly shall provide for a capitation tax on every +male inhabitant of the State over twenty-one and under fifty years of +age, but not exceeding two dollars ($2) per annum for all State and +county purposes, and municipalities may be authorized by the General +Assembly to levy a capitation tax, but not exceeding the amount +hereinbefore authorized for State and county purposes. The proceeds +collected from State and county capitation taxes shall be applied to the +purposes of education and the support of the poor in such proportions as +the General Assembly may direct. The General Assembly may also provide +by general law for the exemption from payment of said capitation tax in +special cases on account of poverty and infirmity. + +[Sidenote: Limitation of power to contract debt.] + +[Sidenote: Credit of State not to be given or lent.] + +SEC. 7. The General Assembly shall have no power to contract any new +debt or pecuniary obligation in behalf of the State, except to supply a +casual deficit, or for suppressing invasions or insurrections, unless it +shall in the same bill levy a special tax to pay interest annually, and +provide therein for the levying of tax for the payment of the principal +by the date such debt matures. The General Assembly shall have no power +to give or lend the credit of the State in aid of any person, +association, or corporation, municipal or otherwise, unless the subject +be submitted to a direct vote of the people of the State and be +approved by a majority of those who shall vote thereon. + +VIII. By striking out section one of article eight and substituting +therefor the following: + +[Sidenote: Corporations not created by special act.] + +[Sidenote: Exceptions.] + +[Sidenote: General laws.] + +[Sidenote: Alteration and repeal of general laws and special acts.] + +[Sidenote: Repeal of charters.] + +"SECTION 1. No corporation shall be created nor shall its charter be +extended, altered, or amended by special act, except corporations for +charitable, educational, penal, or reformatory purposes that are to be +and remain under the patronage and control of the State; but the General +Assembly shall provide by general laws for the chartering and +organization of all corporations, and for amending, extending, and +forfeiture of all charters, except those above permitted by special act. +All such general laws and special acts may be altered from time to time +or repealed; and the General Assembly may at any time by special act +repeal the charter of any corporation." + +IX. By striking out section four of article eight, and substituting +therefor the following: + +[Sidenote: General laws for organization of cities, towns, and +incorporated villages.] + +"It shall be the duty of the Legislature to provide by general laws for +the organization of cities, towns, and incorporated villages, and to +restrict their power of taxation, assessment, borrowing money, +contracting debts, and loaning their credit, so as to prevent abuses in +assessment and in contracting debts by such municipal corporations." + +[Sidenote: School term.] + +X. By striking out the words "four months" in section three of article +nine, and inserting in lieu thereof the words "six months." + +[Sidenote: Amendments to be submitted to qualified voters of State.] + +SEC. 2. That the several amendments to the Constitution hereinbefore set +forth as numbered from I to X, inclusive, respectively, shall be and are +hereby submitted to the qualified voters of the whole State at the next +general election as separate amendments to the Constitution, all +amendments proposed under each number respectively being regarded as one +amendment. + +[Sidenote: Ballots.] + +SEC. 3. That the said several proposed amendments shall be designated on +one ballot by their appropriate article and section numbers, and also by +their appropriate descriptive titles, and as so designated on said +ballot shall be consecutively numbered in the manner and form +hereinafter set forth. + +[Sidenote: Effect of adoption of any amendment.] + +[Sidenote: Effect of rejection of any amendment.] + +SEC. 4. That the adoption of any amendment by its title by marking the +said ballot as hereinafter indicated shall have the effect of adopting +the amendment in full as agreed upon by the General Assembly; and the +rejection of any amendment by its title, by marking the said ballot as +hereinafter indicated, shall have the effect of rejecting said amendment +as a whole, but shall not affect any other amendment. + +[Sidenote: Form of ballot.] + +SEC. 5. The said ballots shall be in form substantially as follows: + + + + +OFFICIAL BALLOT. + + AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA AGREED UPON + BY THREE-FIFTHS OF EACH HOUSE OF THE GENERAL ASSEMBLY, AND + THEREUPON SUBMITTED TO THE QUALIFIED VOTERS OF THE WHOLE + STATE, GENERAL ELECTION, NOVEMBER ____, ONE THOUSAND + NINE HUNDRED AND FOURTEEN. + + +DIRECTIONS TO THE VOTER: + +To vote FOR any Amendment, place a cross mark in the blank space in +which is the word "YES," opposite the title of such amendment. + +To vote AGAINST any amendment, place a cross mark in the blank space in +which is the word "NO," opposite the title of such amendment. + +======================================================================== + | | AMENDMENT TO ARTICLE I, SECTION 6, AND + | YES | TO ARTICLE VII, SECTION 13, + I |_____| Substituting the phrase, "War Between the States," + | | for the words "insurrection or rebellion against + | NO | the United States," in Article I, section 6, and the + | | word "rebellion" in Article VII, section 13. +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE II, SECTION 28, + II |_____| + | | Increasing compensation of members of the General + | NO | Assembly, and decreasing mileage. + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE II (New Section), + III |_____| + | | Restricting local, private, and special legislation. + | NO | + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE III, SECTION 1, + IV |_____| + | | Fixing the day of inauguration of the Governor. + | NO | + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE IV, SECTION 11, + V |_____| + | | To prevent delays in trials by providing emergency + | NO | judges. + | | +========================================================================= + | | + | YES | AMENDMENT TO ARTICLE IV, SECTIONS 20, 26, 33, + VI |_____| + | | Removing obsolete sections from Constitution. + | NO | + | | +=====+=====+============================================================ + | | + | YES | Striking out Article V, and Section 9 of Article VII, + VII |_____| and substituting therefor an Article to Revise + | | and Reform the System of Revenue and Taxation. + | NO | + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE VIII, SECTION 1, +VIII |_____| + | | To prevent special charters to corporations by the + | NO | General Assembly. + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE VIII, SECTION 4, + IX |_____| + | | To prevent special charters to towns, cities, and + | NO | incorporated villages. + | | +=====+=====+============================================================ + | | + | YES | AMENDMENT TO ARTICLE IX, SECTION 3, + X |_____| + | | To require six months public school term. + | NO | + | | +======================================================================= + +[Sidenote: Ballot boxes.] + +[Sidenote: Labels of boxes.] + +And the said ballots shall be cast in boxes specially provided by the +election officers charged with this duty in general elections, and said +boxes shall be conspicuously labeled, "Ballot Box for Constitutional +Amendment Election." + +[Sidenote: Law governing election.] + +[Sidenote: Count and return of vote.] + +[Sidenote: Governor to certify adopted amendments to Secretary of +State.] + +[Sidenote: Enrollment.] + +SEC. 6. That, except as herein provided, the election upon the several +amendments herein designated shall be conducted in the same manner and +under the same rules and regulations as provided under the laws +governing general elections and in force at the time of said general +election at which these amendments shall be submitted. The said election +shall be held and the votes returned, compared, counted, and canvassed, +and the result announced, under the same rules and regulations as are in +force at the general election of the year one thousand nine hundred and +fourteen for returning, comparing, counting, and canvassing the votes +for Governor; and if the majority of the votes cast be in favor of any +amendment, it shall be the duty of the Governor of the State to certify +said amendment under the seal of the State to the Secretary of State, +who shall enroll the said amendment so certified among the permanent +records of his office. + +[Sidenote: Printing and distribution of copies.] + +[Sidenote: Form of ballot.] + +SEC. 7. That at least six months prior to the said election the +Secretary of State shall cause to be printed not less than five hundred +thousand (500,000) copies of the amendments to be submitted at the said +election, in one pamphlet, together with a copy of the Constitution as +it now stands, and a form of ballot, including number, title, +description, and instructions to voters as shown hereinbefore; and that +at least one thousand (1,000) of said pamphlets shall be forwarded +within thirty days after publication to the register of deeds of each +county in the State for distribution; and that the remainder of said +pamphlets shall be distributed under the supervision of the Governor and +Secretary of State. + +[Sidenote: Amendments to become part of constitution. When effective.] + +[Sidenote: Amendments to prevail in case of conflict.] + +SEC. 8. Each amendment on which the number of affirmative votes shall +exceed the number of negative votes shall become a part of the +Constitution; and any amendment so adopted shall take effect on the +second Wednesday after the first Monday in January, in the year one +thousand nine hundred and fifteen. Any provision of the amendments +passed and submitted by this General Assembly and so adopted by the +qualified voters inconsistent with or in conflict with any provisions of +the present Constitution shall be held to prevail. + +SEC. 9. All laws and clauses of laws in conflict with the provisions of +this act are hereby repealed. + +SEC. 10. This act shall be in force from and after its ratification. +Ratified this the 13th day of October, A. D. 1913. + + + + + +End of the Project Gutenberg EBook of Constitution of the State of North +Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina, by North Carolina + +*** END OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF NORTH CAROLINA *** + +***** This file should be named 33638.txt or 33638.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/3/6/3/33638/ + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This book was +produced from scanned images of public domain material +from the Google Print project.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. |
