Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-31
deed, these vindictive carpet-bag gers and
their travestie upon government which
they have inaugurated, will vanish
sIike the baseless fabric of vision,
And leave not a rack behind"
qualification of omcers.

State of North Carolina" We have re-
Trained from publishing the bill Tor lear OF
misleading those interested. The Act be-
low il from the Office of the Secretary of
State and may be relied on as correct:
| AN Acvr To PROVIDE FOR THE QUALIFICATION
| OF CERTAIN OFFICERS RECENTLY ELECTED
| 17NDER THE PROVISIONS OF THE CoNsTITU-
| TON OF THE STATE OF NORTH CAROLINA.
| The General Assembly Of North Carolina do
enact:
SECTION 1. That it shall be the duty of County
Commissioners elect in each county respectively,
to meet Immediately and designate one of their
number, who shall at once go before Judge OF
the Supreme Superior Court, United states
Commissioner, or any other o1hcer OF Inc Gniteu
States authorized to administer oath, or before
County Commissioner of any other county, who
has been previously qualified, and be duly quail
fed by taking the oath prescribed IN section four,
article Six of the Constitution of this State; and
| the County Commissioner thus qualified shall
forthwith proceed to qualify, in like manner, the
| other four Commissioners elect. -.
| Sec. 2 That the Board Of County Commission
! ers elect thus constituted shall without delay
proceed to qualify, in like manner as Aforesaid,
each and all the other county officers elected or
| appointed, including Justices of the Peace ard
Constables, and shall take the bonds required by
law as specified in the Revised Code, for the due
discharge of their duties, from such OF the officers
as are or may be- required ny law 10 give such
! corded by the Register OF Deeds, IN separate
book to be known as the registry OF official bonds
and the original of said bonds shall ALEC be filed
in the office of the Clerk Of the Superior Court
except the bond of said Clerk of the Superior
Court, which shall be filed IN the office OF the
Register of Deeds, and no officer shall be surety
on anv bond required to be filed in his office :
Preceded, The Sheriff shall execute three several
bonds payable to the State OF North Carolina !;
one in the sum of twice the amount OF the county
and poor taxes for the preceding year, conditioned
for settlement
county and poor taxes as required by law; one IL
the sum of twice the amount Of the public taxes
paid by the county for the preceding yesr, con-
ditioned for the collection, payment and settle
ment of the public taxes as required by Law
PrOrided further, That neither OF the aforesaid
bonds shall exceed the amount of such bonds as
required by existing law and the third in the
sum of five thousand dollars, conditioned as fol-
lows: 1.-The condition of the above obligation ls
such that, whereas, the above bounden - is
elected and appointed Sheriff of -- county,
- if, therefore, he shall we'll and truly exc
cute and due return make of ali process and pre-
cepts to him directed and pay and satisfy all fees
and sums of money by him received, or levied by
virtue of any process into the proper office into
which tbs same by the tenor thereof ought to be
paid, or to the person or persons to whom the
same shall be due. his, her, or their executors,
administrators, attorneys, agents, and IN all
other things WE'LL truly and faithfully execute the
said office of Sheriff during his continuance
therein, then the above obligation to be void,
otherwise to remain il full force and effect -
Provided, That the Commissioners and other
county officers who have heretofore been quail
fed by other means than those prescribed in this
act, shall requafy according to the provisions of
this act, but all official acts done by such officer
heretofore in good faith shall be deemed valid in
all respects.
SEC. g. That a majority of the Board of County
Commissioners shall have power to perform the
duties imposed by this act upon said Board. The
suffciency of any bond required by this act, shall
be certified by endorsement CT such bond by each
member of said Board asserting thereto and il
bond will nS1ffi ho ia kan nf
any officer by said Board, or by a msjority acting
for them, each and every member of the Board
asserting to such sutticiency. shall himself be
able in all respects, as surety on such bond,
and subject to suit as such, by any person en-
titled to sue on said bond, but the commissioners
shall not be liable if they act in good faith, and
the bond is sufficient when taken.
SEC. 4. That if any of the aforesaid county Off
GERS elected or appointed shall fail to give SUI
ficient bond or bonds, as required by this act,
within twenty days after receiving notice from the
aforesaid Board to appear and qualify, it shall be
the duty of said Board to declare the office Of the
said officer elect or appointed vacant, and to take
such action at once as may be necessary to have
said vacancy filled in the manner prescribed by
the Constitution and laws of this State.
Sec. 5. That the Solicitor in each Judicial Dis
trct of the State shall be qualified by tho Judge
of the Superior Court OF said Judicial District by
taking the oath aforesaid and if there be no
Judge in said Judicial District, then the Solicitor
may be qualified by the Judge of some other Ju-
dcial District; and il any Solicitor elect shall
ty days after notice from the Judge of said Dis
trict to appear and qualify, it shall be the duty of
the Judge aforesaid to declare the Office of the
said officer elect, mt, and to report the said
vacancy to the Governor.
Sec. e. All officers herein mentioned, including
the County Commissioners when they are quail
fed as herein directed, shall be furnished by the
officers qualifying them with certificates duly
signed, stating the fact of their having been quail
flied and the date when, together with the office
to which each has been qualified, which certif-
nofo hall 40 HQ6I in hn nf hn
ter of Deeds, who shall endorse upon each certiti-
cate the book ana page of the book on which the
same is recorded.
Sec z. That all persons now holding offices of
trust or profit in this State shall immediately af-
ter demand is made and the aforesaid certificate
of qualification is exhibited to them by their sue
cessors chosen under the present Constitution of
this State, turn over to their said successors all
moneys, books, papers, processes, executions,
lists of taxes collected and uncollected, County
and State, for the year 1868, and all other effects
whatsoever pertaining to their respective Offices,
taking receipts for the same, but such officer is
hereby authorized to retain the fees and commits
sions accrued up to tho time of transfer Pro-
Uided, that, within the meaning of this section,
the Register of Deeds shall be deemed the sue
cessor OF the late County Register, and the Coun-
ty Treasurer shall be deemed the successor Of the
County Trustee.
Sec. s. No person prohibited from holding Of
flee under any State by section three of the
amendment to the Constitution of the United
States, known as Article Fourteen, ehall qualify
Sec. 9. That any person, now holding an Office
of trust or profit who shall wilfully fail refuse
to comply with the requirements dissection seven,
in relation to turning over the appurtenances of
his Office to his under the present Con-
sttution of this State, or shall wilfully violate
ton eight of this act shall be liable to indict-
ment for a high misdemeanor, and on conviction
shall be fined not less than thousand dollars
nor over five thousand dollars, or imprisoned not
exceeding two years, or both at the discretion of
the Court.
SEC. TO- That all laws, and parts of laws, incon-
sistent with the provisions of this act, hereby
repealed.
Sec. H. That this act shall take effect from and
after the date of it's ratification.
Ratified July 81, 1868.
STATE OF NORTH CAROLINA
OFFICE SECRETARY OF STATE,
Raleigh, July 81, 1868.
I, HENRY j. MENNINGER, Secretary of State, do
hereby certify that the foregoing is true copy of
tn original act on file in this Office.
HENRY J. MENNINGER,