Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-07-05

outleS OF the once on the first day OF January
next after his election, having previously taken
the oaths of Office in presence of the members OF
both branches of the General Assembly, or before
any Justice of the Supreme Court who, in case
the Governor elect should be prevented from at
tendance before the General Assembly by sickness
or other unavoidable cause, is authorized to adj
minister the same. --..-t ..t..
| Sec. z. The Lieutenant Governor shall possess
the same qualifications for office as are required of
the Governor, and shall hold his office for the like
| term. -' FL
! Sec. 8. The Governor and Lieutenant Governor
each, shall take an oath, that, to the best of his
knowledge and belief, he IS eligible, under the
Constitution and laws of the State to the office to
which he has been elected 81. z Fl. ..s.
| SEC 9. The Governor shall be Commander-in-
Chief of the Militia and in the recess of the Gen
eral Assembly, shall have power by and with The
advice of the Council of State, to embody the Mi
litia for the public safety
| Sec 10. The Governor shall have power to draw
for and apply such sums of money as shall be vo-
ted by the General Assembly for the contingencies
| of government, and be accountable to them for
the he shall have the power of granting
pardons, and reprives, except when the prosecu-
ton shall be carried On by the General Assembly
or unless the law shall otherwise direct in which
latter case, he may, in the recess grant replieve
until the next sitting OF the General Assembly );
and may exercise all the other executive powers Of
government, limited and restrained as by this Con-
stitution is mentioned, and according to the laws
of the State and shall have power by and with
the General Assembly i'll extra session, at any
time, when in his opinion the exigencies of the
State may require it. ..
| Sec. II. In case of the impeachment of the
Governor or his removal from Office, death, ina
bility to discharge the duties of the office resg-
nation, or absence from the State, the powers and
duties of the office shall devolve upon the Lieu
tenant Governor for the residue of the term, or
until the disability shall cease.
SEC. r. Whenever the Lieutenant Governor
shall, become lncOmDetent is
charge the powers and duties of the Office of Gov
ernor, they shall devolye on the Speaker of the
Senate and in case of his death, OF incompetent
cy for like causes, they shall devolve the
| Speaker of the House of Commons and for such
time as there shall be no Speakers in fact, the
persons last acting such shall be deemed Speak
ers for the purpose aforesaid
| SEC. ID. In of a vacancy in the office of
| Governor, the Observation-Disclosures any 9th L
person called to fill the office, shall be qualified
before any Justice of the Supreme Court.
| Sec IA. The Ieutenant-Governor, while pre-
siding in the Senate, shall receive the same pay
the Speaker of the House Of Commons, and he
shall receive no other compensation except when
he is acting Governor.
| Sec. Is. There shall be IL 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, and
be affixed to all grants and commissions.
| Sec Is. The Council of State shall consist of
seven persons, who shall advise the Governor in
a quorum; their advice and proceedings shall be
entered in a Jouanal kept for that purpose only
and signed by the members present; against any
part of which any membe" present may en-
ter his dissent and such Journal shall be laid be-
fore the General Assembly when called for by
either House.
! Sec. II. In every case where any officer, the
right of whose appointment is by the Cons1itu-
ton 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 Council of
State, to fill such vacancy, by granting tempo
rary commission, which shall expire at the end Of
the next session of the General Assembly.
ARTICLE "
JUDICIAL DEPARTMENT.
SECTION /. The judicial power of the State shall
be vested i'll Supreme Court; in Superior
Courts of law and Courts of Equity; i'll County
Courts and in Justices of the Peace; and i'll such
other Courts as by the Constitution and Laws may
be allowed
Sec 2 The Supreme Court shall consist of a
Chief Justice, and two Associate Justices, who
shall be elected to their respective offices by the
joint vote of the two House # the General AS
semIly.
| Sec. B. The Superior Courts of law and Courts
of Equity shall consist of one or more Judges, to
be elected in like manner
Sec. 4. The Justices of the Supreme and the
Judges of the Superior Courts of law and Courts
of Equity, shall hold their offices during good be-
haviour and, at stated times, shall receive for
their services adequate salary, which shall not
be diminished during their continuance in office.
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 the
| terms to be, nearly may be, half year
apart and the Court at each term shall sit for the
dispatch of business so long shall be necessary
| Sec. o. A Superior Court shall be held semian-
nualy at least, in 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 it's business shall be sooner dis
posed 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 Assem-
bly, may, if deemed advisable, increase the num-
Der of terms Of the Supreme Court.
| Sec. 7. County Courts shall be held quarterly
at least in each year, in the several counties, by
the Justices of the Peace therein, of whom not
less than three shall be quorum, and the sessions
of the Court shall continue at least six days, I'M
less the business be sooner disposed Of
| Sec. 8. The General Assembly, in its discretion
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 estab-
lish police courts for such cities and towns, with
power to try and punish petty demeanors COM
mitted within the limits of such cities and towns,
and in violation of their bylaws.
Sec 10. The General Assembly, at its first ses-
sion after the office of Attorney General shall have
become vacant and from time to time thereafter
shall appoint an Attorney General, who shall be
commissioned by the Governor, and shall hold his
Office for the term of four years but if the Gen
eral Assembly should hereafter extend the term
during which Solicitors of the State shall hold
their Offices then they shall have power to extend
the term of office of the Attorney General to the
same period.
Sec IL. Justices of the Peace shall be elected