The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-07-10
FOURTEENTH voLuME---NUMBER 72s,

to them for tie same; no shall have the power
of granting pardons, and reprieves, except when
the prosecution shall be carried on by the Gen
= eral Assembly, or unless the law shalt otherwise
direct; in which latter case, he may, in the re-
cess; grant reprieve until the next sitting Of
The General Assembly; and may exercise all
the other executive powers of government,
limited and restrained as by this Constitution is
mentioned, and according to the laws of the
State; aud shall have power, by and with the
advice of the Council Of State, to convene the
General Assembly in extra session, at any time,
when in his opinion, the exigcncies of tho State
may require il. r. 80 I. s...
Sec IL To case of the impeachment of the
Governor or his removal from Office, death In
ability to discharge the duties of the office, res.
ignation, or absence. from the State, the powers
and duties of the Office shall devolve upon the
Lieutenant.G Governor for the residue of the term,
or until the disability shall cease
Sec. IL Whenever the Lieutenant Governor
shall, for like causes, become incompetent to-
discharge the powers and duties of the Office of
Governor, they shall devolve on the Speaker of
the Senate; and in case Of his death, or incom-
potency for like causes, they shall devolye On
the Speaker of the House of Commons; and for
such time there shall be no Speakers in fact,
the persons last acting such shall be deemed
Speakers for the purpose aforesaid.
Sec. l3. In case of vacancy in the Office
| of Governor, the Lieutenant Governor, or any
other person called to fill the Office, shall be
qualified before any Justice of the Supreme
Court. a.,
Sec. ID. The Lieutenant- G Governor, while
presiding in the Senate, shall receive the same
pay the Speaker of the House of Commons,
| and he shall receive other compensation, ex-
cept when he is acting as Governor.
Sec. Is There shall be 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 Car
olina aud be affixed to all grants and commits
sions sa.s g .f.
Sec. l6 The Council of State shall consist of
seven persons, who shall advise the Governor in
the execution of his Office; four members shall
be quorum; their advice and proceedings
| shall be entered in Journal to be kept for ihas
purpose only, and signed by the members pres
ent; against any part Of which any member
present may enter his dissent and such Journal
shall be laid before The General Assembly when
called for by either House.
Sec. II. Ia every where, any effcer, the
right Of whose appointment is by the Constitu-
tion Of the State, vested in the General Assem-
bly,, shall, during their recess, die, or his Office
by other means become vacant, the Governor
shall have power. with the advice of the Coun-
Gil of State, to I'LL such vacancy, by granting o
temporary commission, which shall expire at
the end of the next session of the General As
senbly. =
ARTICLE w.
JUDICIAL DEPARTMENT.
Section l. The Judicial power of the State
shall be vested in one Supreme Court; in Supe-
rior Courts Of law, and Courts of Equity; in
County Courts; and in Justices of the Peace;
and in such other Courts as by the Constitution
and Laws may be allowed.
Sec 2 The Supreme Court shall consist ofa
Chief Justice, and two Associate Justices, who
shall be elected to their respective offices by the
joint vote of the two Houses of the General As
sembly. sa ~
Sec 3. The Superior Courts of law and
Courts of Equity shall consist Of or more
Judges to be elected in like manner
Sec 4. The Justices of the Supreme and tho
Judges of the Superior Courts of law and Courts
Of Equity shall hold their. Office during good
behaviour; aud, at stated times, shall receive
for their services an adequate salary, which
shall not be diminished during their contin-
uance in Office -r
Sec. 5. There shall be two terms of the Su-
preme Court, to be held at the seat of Govern
ment, in every year; the commencement of tho
terms to be, as nearly as may be, half year
the dispatch of business SO long shall be ne
cessary.
Sec. 6. A Superior Court shall be held semi
annually at least, 10 every county in the State,
and shall sit for the dispatch of business for
such time as may be directed by Law, but for
not less than six days, unless its busness sball
be disposed of. The General Assembly
may, however, direct more than two terms Of
the Superior Courts to be held in the year; in
which case the Assembly may. if deemed advis-
able, increase the number of terms Of the Su-
preme Court.
Sec. 7. County Courts shall be held quarter
ly at least, in each year. in the several counties,
by the Justices Of the Peace therein, whom not
less than three shall be quorum, and the ses-
sions of the Court shall continue at least six
days, unless the business be sooner disposed off
Sec. 8 The General Assembly, in its discre-
ton, may establish Courts for incorporated
cities and towns, with such jurisdiction in civil
causes as may be prescribed.
Sec. 8. The General Assembly may also es-
tablish rolice courts for such cities and towns,
with power to try aod puoish petty misdepesn-
ors committed wi,bio the limits of such cities
and towns, and in violation of their bylaws.
Sec 10. The General Assembly. at its first
session after the Office of Attorney Gerenal shall
become vacant, and from time to time there
after, shall appoint an Attorney General, who
shall be CON mnissioneG by the Governor, and
shall hold his Office for the term of four years;
out if the General Assembly should hereafter
extend the term during which Solicitors Of the
State shall bold their Offices, then they shall
have power to extend the>term of Office of the
A,sor Cen q h.. Il