Chapter 4

Art.Sec.Abuses in assessments and contracting debts by municipal corporations, general assembly to prevent;84Actions at law and equity suits, no distinction;41Pending when constitution took effect;420Acts of general assembly, style of;221Levying taxes, must state object;57Agriculture, department of;317In connection with university;914Alimony, general assembly does not secure;210Allegiance to U. S. Government;15Amendments;13Do not vacate existing offices;433Answer to criminal charge;112Apportionment of senators and representatives;24-5-6Arms, right to bear;124Article seven, general assembly may modify or repeal certain sections;714Assemblage, right of;125Attorney-general advises executive;314Duties of;313Auditor, duties of;313Bail, excessive;114Ballot, elections to be by;63Bills of general assembly, read three times;223Blind provided for;1110Board of charities;117Boundaries of state;134Capitation tax, application of proceeds from;52Exempts;51Capital punishment;112Charities, public;11Deaf-mutes and the blind;1110Idiots and inebriates;119Provision for orphans and the poor;117Self-supporting, as far as possible;1114Cities organized by legislation;84Citizenship, restoration to;211Civil and criminal actions;41Claims against the state;49Clerk of superior court, election of;410Removal for inability;432Clerk of Supreme court;415Terms of office of;417Removal of;432Commutations;36Compulsory education, general assembly may provide;915Concealed weapons, carrying not justified;124Constitution, how changed;132Controversies at law about property;119Convention, how called;13Convict labor;111Coroner and sheriff;424Corporations, municipal;7Charters remain in force till legally changed;712Power of general assembly over;712Corporations other than municipal;8Debts of, how secured;82Definition of;83Under general laws;81Correction, houses of;114Council of state;314Counsel allowed defendant;111County commissioners, election and duty of;71-2Counties, commissioners divide, into districts;73Districts have corporate powers as townships;74Majority of voters necessary to levy taxes, etc.;77Money, how drawn from its treasury;78Officers enter on duty, when;710Of townships;75School districts;93Fund;95Taxes to be ad valorem;79Township trustees assess property;76County treasurer;71Courts to be open;135Kinds of;42Criminal charges, answer to;112Criminal and civil actions;41Courts for cities and towns;414Prosecutions;111Deaf-mutes provided for;1110Death punishment;112Debt does not affect homestead;103County, city or town cannot contract, except by majority of qualified voters;77Imprisonment for;116In aid of rebellion, void;713Debt, restrictions upon increase of public, etc.;54What bonds declared invalid;16Declaration of rights;1Department of agriculture;317Divorce, general assembly does not grant;217Disqualification for office;{ 65{147Dueling disqualifies;142Education, board of;98Officers;99Expenses;913County school fund;95Encouraged;{ 91{ 127First session of;911Power of;910Property devoted to;94-5Quorum;912Election of officers by general assembly, viva voce;29Elections, by people and general assembly;63Contested, returns of;33Free;110Frequent;128Electors, oath of office of;64Qualifications of;61Registration of;62Eligibility to office;6Emoluments, exclusive, none;17Hereditary;130Entails to be regulated;215Enumeration of rights, not to impair others retained by people;137Equity suits and actions at law, distinction abolished;41Pending when constitution took effect;420Evidence against himself, criminal not compelled to give;111Executive, attorney-general advises;314Department of;3Distinct;18Officers;31Compensation;315Duties;313Reports of;37vTerms of office of;31Seal of state;316Vacancy in, how filled;313Exemption;101By reason of military duty, etc.;124Property offeme covertnot liable for husband's debts;106Ex post factolaws;132Extra session of general assembly;39Feigned issues abolished;41Feme sole, property of, not liable for husband's debts;106Fines, excessive;114Freedom of the press;120Fundamental principles, frequent recurrence to;129General Assembly, acts, style of;221Article seven may be modified or repealed by;714Bills and resolutions read three times;223Compulsory education may be enforced by;915Election by;63Entails regulated by;215Extra sessions;{ 228{ 39Journals kept;216Protests entered on;217Members of;224Assemble when;22Election for, when held;227Office a disqualification;147Terms commence with election;225Vacancies, how filled;213Municipal corporations controlled by;714Names, personal not changed by;211Officers of, election, viva voce;29Pay of;228President of senate;219Speaker of house;218Powers of;222In relation to divorce and alimony;210Representation apportioned by;24-5Revenue;214Schools provided by;92University to be maintained by;96-7Yeas and nays;214-26Government, allegiance to U. S.;15Internal, of state;13Origin of;12Seat of, remains in Raleigh;146Governor, commands militia;38Commutations, pardons, reprieves;36Governor, compensation315Duties of312Extra sessions called by39Impeachment of312Justices of peace appointed by, when711Lieutenant, qualification of32Oath of office34Officers appointed by{ 310{145Qualification of32Residence of35Vacancy in office of312Habeas corpus121Hereditary emoluments130Homestead and exemption102Benefit of widow in105Exempted from debt103Laborer's lien attaches104Privy examination of wife to dispose of108House of correction114Orphans118Refuge115House of Representatives, representatives, apportionment25Officers of218Term begins when225Qualification for28Ratio of26Husband can insure life for benefit of family107Idiots provided for119Immigration, department of317Impeachment44Court of43Of governor312Imprisonment for debt116Except by law, wrong117Indictments for crimes committed before constitution took effect141Inebriates119Inferior courts412Officers of430Insane provided for1110Institutions, charitable11Penal11Public, annual reports from37Self-supporting far as possible1111Sexes to be separated116Instruction, superintendent of public313Intermarriage of whites and negroes prohibited148Internal government of state13Issues of fact, by whom tried and how waived413Judges, election, terms of, etc.421Fees, salaries, emoluments418Removal of, for inability431Residence of411Judicial Department4Districts for superior courts410General assembly not to deprive of jurisdiction412Powers, division of42Term of first officers under constitution426Vacancies425Judicial remedy allowed all135Judiciary distinct;18Jurisdiction, courts inferior to supreme;412Justices of the peace;427Supreme court;48Jury, right of;113Sacred and inviolable;119Trial by, waived;413Justices of the peace, governor appoints when;711Jurisdiction of;427Vacancies in office;428Laborers' and mechanics' lien;144Attaches homestead;104Law of the land, no person imprisoned, or deprived of life, etc., but by;117Laws,ex post factoand retrospective;132Private, thirty days' notice before passage;212What in force;419Legislative, distinct;18Two branches of;21Legislature provides for organizing towns, etc.;84Trials other than jury;113Legitimation, general assembly can pass general laws for;211Liberty, deprivation of, except by law;117Religious;126Restraint of, remedied;118Warrants without evidence, dangerous to;115Lien of laborers and mechanics;144Lieutenant-governor, president of senate, duties of;311When governor;312Literary fund, board of education to succeed to rights of;910Marriages between whites and negroes forbidden;148Married woman, husband can insure life for benefit of;107Privy examination of, to dispose of homestead;108Property of, not liable for husband's debts;106Mechanics' lien;144Men, equality, rights of;11Militia;{124{12Exemptions from duty;124Governor commands;{ 38{122Organization of;122Who liable to bear arms;121Money, how drawn from state treasury;41County or township treasury;78Monopolies are injurious;131Municipal corporations;7Cannot contract debt except by majority of qualified voters;77Charters remain in force till changed;712General assembly to provide for organization of, taxation, etc., by;84Power of general assembly over;714Names, personal, how changed211Normal school, to be maintained by general assembly at university;914Oath of governor;34Oath of members of general assembly;224Oath of office;64Office, cannot hold two;147Disqualification;65Dueling disqualifies for;142Eligibility to;6Qualification, property, none;122Officers, county;{ 71{ 710First elected;426What, appointed by governor;{ 310{145Orphans, houses for;118Provision for;117Pardons;36Peace, soldiers quartered in time of;136Penitentiary;113Convict labor;111Self-supporting as far as possible;1111Sexes separated;116People, right of, to assemble together;125Perpetuities, injurious;131General assembly shall prevent;215Political power and government;12Societies in secret dangerous;125Poor, provision for;117Power of general assembly;222To suspend laws injurious;19Powers, executive, judicial and legislative, distinct;18Judicial, division of;42Press, freedom and abuse of;120Principles, recurrence to fundamental;129Prisoners, health and comfort secured;116Private laws;211-12Privileges, exclusive, none;17Property, controversies at law about;119Deprivation of, except by law, wrong;117Devoted to education;94Exemptions from taxation;55Feme solenot liable for husband's debts;106Qualification, none;122Prosecution, criminal;111Protest, by whom and when made;217Public debt, increase of, restricted, etc.;54What bonds declared invalid;16Public money, how drawn;143Public schools, general assembly to provide for;92Punishments, penal institutions and public charities;11Cruel or unusual;{ 114{141Qualification and election of members of general assembly, each house judge of;222Rebellion, debt in aid of, not to be paid;713Recurrence to fundamental principles;129Refuge, houses of;115Register of deeds;71Registration of electors;62Religious liberty;126Scruples against bearing arms;121Removal of judges;431Of clerks;432Representation and taxation;123Reprieves;36Retrospective laws;132Revenue;{ 214{ 5Right of assemblage;125Jury;113Right of secession, none;14To bear arms;124To suspend laws, injurious;19Rights, declaration of;1Of men;{ 11{ 137Salaries and fees, general assembly to regulate;418Schools, attendance of children;915County, divided into districts;93Fund;95Provided by legislation;92Races separate;92Seal of state;316Search warrants without evidence, wrong;115Seat of government at Raleigh;146Secession, no right of;14Secretary of state, duties of;313Senate, presiding officer;219Pro tem. speaker, when elected;220Senators, number of;23Other senatorial officers;220President of;219Qualifications; for27Regulating senatorial districts;24Sexes separated in confinement;116Sheriff and coroner;424Slavery prohibited;133Societies, secret political, dangerous;125Soldiers, how quartered;136Solicitor, how elected;423Special courts;414State boundaries;134Claims against;49Internal government;13Statistics, department of;317Suffrage and eligibility to office;6Superintendent of public instruction;313Reports of county school fund to be made;95Superior court, open at all times except for jury trials;422Clerk, his election;416Districts;410Judges, election and term;421Residence;411Rotation;411Solicitor for each district;423Special term;412Term;417Vacancy;429Transaction of business;422Supreme court, clerk;415Jurisdiction;48-9Justices;46Election and terms of;421Terms of;47Surveyor;71Suspending laws without consent of representatives, not to be exercised;19Taxation,ad valoremand uniform;53And revenue;{ 5{ 123Taxation, except for necessary expenses, not levied by county, city or townwithout assent of majority of voters;77Levied by county commissioners;56Of county to be ad valorem;79Of purchases and sales retrospectively not to be passed;132Property, exemptions from;55Taxes, acts to levy, to state object;57Towns, etc., organized by legislation;84Townships, officers of;75Treason against state;45Treasurer, duties of;313University, agricultural department of, mechanics,mining and normal instruction connected with;914Benefits of;97Election of trustees;96General assembly shall maintain;97Maintenance of;96Property devoted to;97Vacancies in general assembly;213Other;{ 312-13{ 425-28{29Vagrants, houses of correction for;114Warrants without evidence injurious;115Whites and negroes cannot intermarry;148Separated in schools;92Widow, homestead benefits;105Yeas and nays, when entered;214-26


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