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             CONSTITUTION OF NORTH CAROLINA 1868 

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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.

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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:

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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 unalienable rights; that among these are life, liberty, the
enjoyment of the fruits of their own labor, and the pursuit of happiness.

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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.

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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 to their safety and happiness; but every such right
should be exercised in pursuance of law and consistently with the Constitution of the United
States.

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SEC. 4. That this State shall ever remain a member of the American Union; that the people
thereof are part of the American nation; that there is no right on the part of this 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.

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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.

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SEC. 6. To maintain the honor and good faith of the State untarnished, the public debt, regularly
contracted before and since the rebellion, shall be regarded as inviolable and never be
questioned; but 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.

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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.

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SEC. 8. The legislative, executive, and supreme judicial powers of the government ought to be
forever separate and distinct from each other.

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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.

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SEC. 10. All elections ought to be free.

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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 defence, and not be compelled to give evidence against himself, or to pay costs, jail-fees,
or necessary witness-fees of the defence, unless found guilt

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SEC. 12 . No person shall be ut to answer any criminal charge, except as hereinafter allowed, tut
by indictment, presentment, or impeachment.

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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.

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SEC. 14. Excessive bail should not be required, nor excessive fines imposed, nor cruel or
unusual punishments inflicted.

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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 persons not named,
whose offence is not particularly described and supported by evidence, are dangerous to liberty
and ought not to be granted.

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SEC. 16. There shall be no imprisonment for debt in this State, except in cases of fraud.

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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.

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SEC. 18. Every person restrained of his liberty is entitled to a remedy to inquire into the
lawfulness thereof, and to remove the same if unlawful; and such remedy ought not to be denied
or delayed.

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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.

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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.

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SEC. 21. The privilege of the writ of habeas corpus shall not be suspended.

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SEC. 22. As political rights and privileges are not dependent upon or modified by property,
therefore no property qualifications ought to affect the right to vote or hold office.

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SEC. 23. The people of this 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.

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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.

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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.

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SEC. 26. All men have a natural and unalienable 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 right of conscience.

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SEC. 27. The people have a right to the privilege of education, and it is the duty of the State to
guard and maintain that right.

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SEC. 28. For redress of grievances, and for amending and strengthening the laws, elections
should be often held.

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SEC.  29. A frequent recurrence to fundamental principles is absolutely necessary to preserve the
blessings of liberty.

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SEC. 30. No hereditary emoluments, privileges, or honors ought to be granted or conferred in
this State.

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SEC. 31. Perpetuities and monopolies are contrary to the genius of a free State, and ought not to
be allowed. 

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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.

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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 this State.

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SEC. 34. The limits and boundaries of the State shall be and remain as they now are.

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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.

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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 law.

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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.

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ARTICLE II

LEGISLATIVE  DEPARTMENT

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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.

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SEC. 2. The senate and house of representatives shall meet annually on the third Monday in
November, 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. 

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SEC. 3. The senate shall be composed of fifty senators biennially chosen by ballot.

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SEC. 4. Until the first session of the general assembly, which shall be had after the ear eighteen
hundred and seventy-one, the senate shall be composed of members elected from districts
constituted as follows:
First district, Perquimans, Chowan, Pasquotank, Currituck, Gates, and Camden, shall elect two
senators.
Second district, Martin, Washington, and Tyrrell, shall elect one senator.
Third district, Beaufort and Hyde, shall elect one senator.
Fourth district, Northampton, shall elect one senator.
Fifth district, Bertie and Hertford, shall elect one senator.
Sixth district, Halifax, shall elect one senator.
Seventh district, Edgecomb, shall elect one senator.
Eighth district, Pitt, shall elect one senator.
Ninth district, Nash and Wilson, shall elect one senator.
Tenth district, Craven and Carteret, shall elect two senators.
Eleventh district, Jones and Lenoir, shall elect one senator.
Twelfth district, Duplin and Onslow, shall elect one senator.
Thirteenth district, Brunswick and New Hanover, shall elect two senators.
Fourteenth district, Bladen and -Columbus, shall elect one senator.
Fifteenth district, Robeson, shall elect one senator. 
Sixteenth district, Cumberland, Harnett, and Sampson, shall elect two senators.
Seventeenth district, Johnston, shall elect one senator.
Eighteenth district, Greene and Wayne, shall elect one senator.
Nineteenth district, Franklin and Wake, shall elect two senators.
Twentieth district, Warren, shall elect one senator.
Twenty-first district, Granville and Person, shall elect two senators.
Twenty-second district, Orange, shall elect one senator.
Twenty-third district, Chatham, shall elect one senator.
Twenty-fourth district, Caswell, shall elect one senator.
Twenty-fifth district, Rockingham, shall elect one senator.
Twenty-sixth district, Alamance and Guilford, shall elect two senators.
Twenty-seventh district, Randolph and Montgomery, shall elect one senator.
Twenty-eighth district, Moore arid Richmond, shall elect one senator.
Twenty-ninth district, Anson and Union, shall elect one senator.
Thirtieth district, Mecklenburg, shall elect one senator.
Thirty-first district, Cabarrus and Stanly, shall elect one senator.Thirty-second district, Davie and
Rowan, shall elect one senator.
Thirty-third district, Davidson, shall elect one senator.
Thirty-fourth district, Forsyth arid Stokes, shall elect one, senator.
Thirty-fifth district, Surry and Yadkin, shall elect one senator.
Thirty-sixth district, Alexander and Iredell, shall elect one senator,.
Thirty-seventh district, Catawba, Gaston, and Lincoln, shall elect one senator.
Thirty-eighth district, Cleveland, Polk, and Rutherford, shall elect one senator.
Thirty-ninth district, Alleghany, Ashe, and Wilkes, shall elect one senator.
Fortieth district, Buncombe, Henderson, and Transylvania, shall elect one senator.
Forty-first district, Burke, Caldwell, and Watauga, shall elect one senator.
Forty-second district, Madison, Mitchel, McDowel, and Yancy,
shall elect one senator. 
Forty-third district, Clay, Cherokee, Haywood, Jackson, arid Macon, shall elect one senator.

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SEC. 5. An enumeration of the inhabitants of the State shall be taken under the direction of the
general assembly in the year one thousand eight hundred and fifty-seven, and at the end of every
ten years thereafter; and the said senate districts shall be so altered by the general assembly, at the
first session after the return of every enumeration taken as aforesaid, or by order of Congress, that
each senate district shall contain, as nearly 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.

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SEC. 6. 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 for the senate are hereinbefore directed to be laid off.

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SEC. 7. 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 twice,
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 lar est fractions.

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SEC. 8. Until the general assembly shall have made the apportionment as hereinbefore provided,
the house of representatives shall be, composed of members elected from the counties in the
following manner, to wit:
The county of Wake shall elect four members; the counties of Craven, Granville, Halifax, and
New Hanover shall elect three members each; the counties of Caswell, Chatham, Cumberland,
Davidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston, Mecklenburg,
Northampton, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Warren, and Wayne shall
elect elect two members each; the counties of Alamance, Alexander, Alleghany, Anson, Ashe.
Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Caba-rrus, Caldwell, Camden, Carteret,
Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forythe, Gaston,
Gates, Greene, Harnett, Henderson, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln,
Macon, Madison, Martin, McDowel, Mitchel, Montgomery, Moore, Nash, Onslow, Pasquotank,
Perquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania,
Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, Yadkin, and Yancy, shall elect one
member each.

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SEC. 9 . 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.

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SEC. 10. 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.

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SEC. 11. In the election of all officers whose appointment shall be conferred upon the general
assembly by the constitution, the vote shall be viva voce.

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SEC. 12. The general assembly shall have 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.

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SEC. 13. 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 ass general laws
regulating the same.

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SEC. 14. 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 law shall have been given, under such direction
and in such manner as shall be provided by law.

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SEC. 15. 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.

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SEC. 16. 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 to 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.

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SEC. 17 . The general assembly shall regulate entails in such manner as to prevent perpetuities.

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SEC. 18. Each house shall keep a journal of its proceedings, which shall be printed and made
public immediately after the adjournment; of the general assembly.

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SEC. 19. 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.

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SEC. 20. The house of representatives shall choose their own speaker and other officers.

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SEC. 21. The lieutenant-governor shall preside in the senate, but shall have no vote, unless it
may, be equally divided.

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SEC. 22. The senate shall choose its own officers and also a speaker pro tempore in the absence
of the lieutenant-governor, or when he shall exercise the office of governor.

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SEC. 23. The style of the acts shall be, "The general assembly of North Carolina do enact."

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SEC. 24. Each house shall be judge of the qualifications and elections 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.

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SEC. 25. 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.

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SEC. 26. 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.

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SEC. 27. The terms of office for senators and members of the house of representatives shall
commence at the time of their election; and the term of office of those elected at the first election
held under this constitution shall terminate at the same time as if they had been elected, at the
first ensuing regular election.

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SEC. 28. 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.

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SEC. 29. 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. The first election shall be held when the
vote shall be taken on the ratification of this constitution by the voters of the State, and the
general assembly then elected shall meet on the 15th day after the approval thereof by the
Congress of the United States, if it fall not on Sunday, but if it shall so fall, then on the next day
thereafter; and the members then elected shall hold their seats until their successors are elected at
a regular election.

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       ARTICLE III
        EXECUTIVE DEPARTMENT

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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 works, 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 the constitution
by the Congress of the United States, and shall hold their offices four years from and after the
first day of January, 1869.

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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.

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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 persons 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, then one of them shall be chosen by joint ballot of both houses of the general
assembly. Contested elections shall be determined by a joint vote of both houses of the general
assembly, in such manner as shall be prescribed by law.

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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 for which he has. been elected.

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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.

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SEC. 6. The governor shall have power to grant reprieves, commutations, and pardons, after
conviction, for all offences, (except in cases of impeachment,) upon such conditions as lie may
think proper, subject to such regulations as may be provided by law relative to the manner of
applying for pardons. He shall annually 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 commutation, pardon, or reprieve, and the
reasons therefor.

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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.

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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.

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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.

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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, or which
shall be created by law, and whose appointments are not otherwise provided for, and no such
officer shall be appointed or elected by the general assembly.

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SEC. 11. The lieutenant-governor shall be president of the senate, but shall have no vote unless
the senate be 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.

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*** SSTART 012.0 003.0 0 NC 1868 ***
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 disabilities 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 be 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 a resident of the senate to administer the
government, the secretary of state shall convene the senate, that they may elect such president.

*** SEND ***
*** SSTART 013.0 003.0 0 NC 1868 ***

SEC. 13. The respective duties of the secretary of state, auditor, treasurer, superintendent of
public works, 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
person chosen shall hold the office for the remainder of the unexpired term fixed in the first
section of this article

*** SEND ***
*** SSTART 014.0 003.0 0 NC 1868 ***
.
SEC. 14. The secretary of state, auditor, treasurer, superintendent of public works, and
superintendent of public instruction shall constitute, ex officio, the council of the State, who shall
advise the governor in the execution of his office, and 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 advisor of the executive
department.

*** SEND ***
*** SSTART 015.0 003.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 016.0 003.0 0 NC 1868 ***

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 countersigned by the
secretary of state.

*** SEND ***
*** SSTART 017.0 003.0 0 NC 1868 ***

SEC. 17. There shall be established in the office  of secretary of state a bureau of statistics,
agriculture, and immigration, under such regulations as the general assembly may provide.

*** SEND ***
*** AEND ***
*** ASTART 004.0 NC 1868 ***

ARTICLE IV

JUDICIAL DEPARTMENT

*** SSTART 001.0 004.0 0 NC 1868 ***

SECTION 1. The distinction 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 offence, 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.

*** SEND ***
*** SSTART 002.0 004.0 0 NC 1868 ***

SEC. 2. Three commissioners shall be appointed by  this convention to report to the general
assembly, at its first session after this constitution shall be adopted by the people, rules of
practice and procedure in accordance with the provisions of the foregoing section, and the
convention shall provide for the commissioners a reasonable compensation.

*** SEND ***
*** SSTART 003.0 004.0 0 NC 1868 ***

SEC. 3. The same commissioners shall also report to the general assembly, as soon as
practicable, a code of the law of North Carolina. The governor shall have power to fill all
vacancies occurring in this commission. 

*** SEND ***
*** SSTART 004.0 004.0 0 NC 1868 ***

SEC. 4. 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 special courts.

*** SEND ***
*** SSTART 005.0 004.0 0 NC 1868 ***

SEC. 5. 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.

*** SEND ***
*** SSTART 006.0 004.0 0 NC 1868 ***

SEC. 6. 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.

*** SEND ***
*** SSTART 007.0 004.0 0 NC 1868 ***

SEC. 7. 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.

*** SEND ***
*** SSTART 008.0 004.0 0 NC 1868 ***

SEC. 8. The supreme court shall consist of a chief justice and four associate justices.

*** SEND ***
*** SSTART 009.0 004.0 0 NC 1868 ***

SEC. 9. There shall be two terms of the supreme court held at the seat of government of the State
in each year, commencing on the first Monday in January and the first Monday in June, and
continuing as long as the public interests may require.

*** SEND ***
*** SSTART 010.0 004.0 0 NC 1868 ***
SEC. 10. The supreme court shall have jurisdiction to review, upon appeal, and decision of the
courts below upon any matter of law or legal inference; but no issue of fact shall be tried before
this court; and the court shall have power to issue any remedial writs necessary to give it a
general supervision and control of the inferior courts.

*** SEND ***
*** SSTART 011.0 004.0 0 NC 1868 ***

SEC. 11. 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.

*** SEND ***
*** SSTART 012.0 004.0 0 NC 1868 ***

SEC. 12. The State shall be divided into twelve judicial districts, for each of which a judge shall
be chosen, who shall hold a superior court in each county in said district, at least twice in each
year, to continue for two weeks, unless the business shall sooner be disposed of.

*** SEND ***
*** SSTART 013.0 004.0 0 NC 1868 ***

SEC. 13. Until altered by law, the following shall be the judicial districts:
First district.  Currituck, Camden, Pasquotank, Perquimalis, Chowan, Gates, Hertford, and
Bertie.
Second district.  Tyrrell, Hyde, Washington, Beaufort, Martin, Pitt, and Edgecombe.
Third district.  Craven, Carteret, Jones, Greene, Onslow, Lenoir, Wayne, and Wilson.
Fourth district.  Brunswick, New Hanover, Duplin, Columbus, Bladen, Sampson, and
Robeson.
Fifth district.  Cumberland, Harnett, Moore, Richmond, Anson, Montgomery, Stanly, and
Union.
Sixth district.  Northampton, Warren, Halifax, Wake, Nash, Franklin, Johnston, and Granville.
Seventh district.  Person, Orange, Chatham, Randolph, Guilford, Alamance, Caswell, and
Rockingham.
Eighth district.  Stokes, Forsyth, Davidson, Rowan, Davie, Yadkin, and Surry.
Ninth district.  Catawba, Cabarrus, Mecklenburg, Lincoln, Gaston, Cleveland, Rutherford, and
Polk.
Tenth district.  Iredell, Burke, Caldwell, Wilkes, Alexander, and McDowel.
Eleventh district.  Alleghany, Ashe, Watauga, Mitchell, Yancy, Madison, and Buncombe.
Twelfth district.  Henderson, Transylvania, Haywood, Macon, Jackson, Clay, and Cherokee.

*** SEND ***
*** SSTART 014.0 004.0 0 NC 1868 ***

SEC. 14. Every judge of a superior court shall reside in his district while holding his office. The
judges may exchange districts with each other with the consent of the governor, and the
governor, for good reasons, which he shall report to the legislature at its current or next session,
may require any judge to hold one or more specified terms of said courts in lieu of the judge in
whose district they are.

*** SEND ***
*** SSTART 015.0 004.0 0 NC 1868 ***

SEC. 15. The superior courts shall have exclusive original jurisdiction of all civil actions,
whereof exclusive original jurisdiction is not given to some other courts; and of all criminal
actions, in which the punishment may exceed a fine of fifty dollars or imprisonment for one
month.

*** SEND ***
*** SSTART 016.0 004.0 0 NC 1868 ***

SEC. 16. The superior courts shall have appellate jurisdiction of all issues of law or fact,
determined by a probate judge or a justice of the peace, where the matter in controversy exceeds
twenty-five dollars, and of matters of law in all cases.

*** SEND ***
*** SSTART 017.0 004.0 0 NC 1868 ***

SEC. 17. The clerks of the superior courts shall have jurisdiction of the probate of deeds, the
granting of letters testamentary and of administration, the appointment of guardians, the
apprenticing of orphans, to audit the accounts of executors, administrators, and guardians, and of
such other matters as shall be prescribed by law. All issues of fact joined before them shall be
transferred to the superior courts for trial, and appeals shall lie to the superior courts from their
judgments in all matters of law.

*** SEND ***
*** SSTART 018.0 004.0 0 NC 1868 ***

SEC. 18. Tn all issues of fact, joined in any court, the parties may waive the right to have the
same determined by  jury, in which case the finding of the judge upon the facts shall have the
force and effect of a verdict of a jury.

*** SEND ***
*** SSTART 019.0 004.0 0 NC 1868 ***

SEC. 19. 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.

*** SEND ***
*** SSTART 020.0 004.0 0 NC 1868 ***
SEC. 20. The clerk of the supreme court shall be appointed by the court, and shall hold his office
for eight years.

*** SEND ***
*** SSTART 021.0 004.0 0 NC 1868 ***

    SEC. 21. 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

*** SEND ***
*** SSTART 022.0 004.0 0 NC 1868 ***
.
SEC. 22. Clerks of the superior courts shall hold their offices for four years.

*** SEND ***
*** SSTART 023.0 004.0 0 NC 1868 ***

SEC. 23. 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.

*** SEND ***
*** SSTART 024.0 004.0 0 NC 1868 ***

SEC. 24. The laws of North Carolina, not, repugnant to this constitution or to the Constitution
and laws of the United States, shall be in force until lawfully altered.

*** SEND ***
*** SSTART 025.0 004.0 0 NC 1868 ***

SEC. 25. 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.        

*** SEND ***
*** SSTART 026.0 004.0 0 NC 1868 ***

SEC. 26. 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 shall be elected in like manner, and shall hold their
offices for eight years; but the judges of the superior courts elected at the first election under this
constitution shall, after their election, under the superintendence of the justices of the supreme
court, be divided by lot into two equal classes, one of which shall hold office for four years, the
other for eight years.

*** SEND ***
*** SSTART 027.0 004.0 0 NC 1868 ***

SEC. 27. The general assembly may provide by law that the judges of the superior courts, 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.

*** SEND ***
*** SSTART 028.0 004.0 0 NC 1868 ***

SEC. 28. 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.

*** SEND ***
*** SSTART 029.0 004.0 0 NC 1868 ***

SEC. 29. 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.

*** SEND ***
*** SSTART 030.0 004.0 0 NC 1868 ***

SEC. 30. 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
bold his office for two years. When there is no coroner in the 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 for the county may appoint
to such office for the unexpired term.

*** SEND ***
*** SSTART 031.0 004.0 0 NC 1868 ***

SEC. 31. All vacancies occurring in the offices provided for by this article of this 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.

*** SEND ***
*** SSTART 032.0 004.0 0 NC 1868 ***

SEC. 32. 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.

*** SEND ***
*** SSTART 033.0 004.0 0 NC 1868 ***

SEC. 33. The several justices of the peace shall have exclusive original jurisdiction, under such
regulations as the general assembly shall prescribe, of all 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 cannot exceed a fine of fifty dollars, or imprisonment for one month. When an
issue of fact shall be joined before a justice, on demand of either part, thereto, he shall cause a
jury of six men to be summoned, who shall I try the same. The party against whom judgment
shall be rendered in any civil action may appeal to the superior court from the same, and, if the
Judgment shall exceed twenty-five dollars, there may be a new trial of the whole matter in the
appellate court; but if the judgment shall be for twenty-five dollars or less, then the case shall be
heard in the appellate court only upon matters of law. 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 the same with the clerk of the superior court for his county.

*** SEND ***
*** SSTART 034.0 004.0 0 NC 1868 ***

SEC. 34. 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.

*** SEND ***
*** SSTART 035.0 004.0 0 NC 1868 ***

SEC. 35. 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 co shall appoint to fill the vacancy until an election can be
regularly held.

*** SEND ***
*** AEND ***
*** ASTART 005.0 NC 1868 ***

ARTICLE V 

REVENUE AND TAXATION

*** SSTART 001.0 005.0 0 NC 1868 ***

SECTION 1.The general assembly shall levy a capitation-tax on  every male inhabitant of 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           

*** SEND ***
*** SSTART 002.0 005.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 003.0 005.0 0 NC 1868 ***

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 he taxed when the property from which the income is
derived is taxed.

*** SEND ***
*** SSTART 004.0 005.0 0 NC 1868 ***

SEC. 4. The general assembly shall, by appropriate legislation and by adequate taxation, provide
for the prompt and regular payment of the interest on the public debt. and, after the year 1880, it
shall lay a specific annual tax upon the real and personal property of the State, and the sum thus
realized shall be set apart, as a sinking-fund, to be devoted to the payment of the public debt.

*** SEND ***
*** SSTART 005.0 005.0 0 NC 1868 ***

SEC. 5. 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 invasion or insurrection, 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 a majority of those who shall vote thereon.

*** SEND ***
*** SSTART 006.0 005.0 0 NC 1868 ***

SEC. 6. 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, to a value not exceeding three hundred dollars.

*** SEND ***
*** SSTART 007.0 005.0 0 NC 1868 ***

SEC. 7. 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.

*** SEND ***
*** SSTART 008.0 005.0 0 NC 1868 ***

SEC. 8. 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.

*** SEND ***
*** AEND ***
*** ASTART 006.0 NC 1868 ***

ARTICLE VI 

SUFFRAGE AND ELIGIBILITY TO OFFICE

*** SSTART 001.0 006.0 0 NC 1868 ***

 SECTION 1. Every male person born in the United States, and every male person who has been
naturalized   twenty-one years old or upward, who shall have resided in this State twelve months
next preceding the election, and thirty days in the county in which lie offers to vote, shall be
deemed an elector.

*** SEND ***
*** SSTART 002.0 006.0 0 NC 1868 ***

SEC. 2. It shall be the duty of the general assembly to provide from time to time, for the
registration of all electors, and no person shall be allowed to vote without registration, or to
register, without first taking an oath or affirmation to support and maintain the Constitution and
laws of the United States, and the constitution and laws of North Carolina, not inconsistent
therewith.

*** SEND ***
*** SSTART 003.0 006.0 0 NC 1868 ***

SEC. 3. All elections by the people shall be by ballot, and all elections by the general assembly
shall be viva voce.

*** SEND ***
*** SSTART 004.0 006.0 0 NC 1868 ***

SEC. 4. Every voter, except, as hereinafter provided, shall be eligible to office; but before
entering upon the discharge of the duties of his office, he shall take and subscribe the following
oath: " 1,    , 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: so help me God."

*** SEND ***
*** SSTART 005.0 006.0 0 NC 1868 ***

SEC. 5. 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 of
treason, perjury, or of any other infamous crime, since becoming citizens of the United States, or
of corruption, or malpractice in office, unless such persons shall have been legally restored to the
rights of citizenship.

*** SEND ***
*** AEND ***
*** ASTART 007.0 NC 1868 ***

ARTICLE VII

MUNICIPAL CORPORATIONS

*** SSTART 001.0 007.0 0 NC 1868 ***

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. 

*** SEND ***
*** SSTART 002.0 007.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 003.0 007.0 0 NC 1868 ***

SEC.3. It shall be the duty of the commissioners first elected in each county to divide the same
into convenient districts, to determine the boundaries, and prescribe the names of the said
districts, and report the same to the general assembly before the first day of January, 1869.

*** SEND ***
*** SSTART 004.0 007.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 005.0 007.0 0 NC 1868 ***

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 township, as may be prescribed by law. The general assembly may provide for the
election of a larger number of 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 duty shall be prescribed by law.

*** SEND ***
*** SSTART 006.0 007.0 0 NC 1868 ***

SEC. 6. The township board  trustees shall assess the taxable property of their townships and
make return to the county commissioners for  revision, as may be prescribed by law. The clerk
shall also be ex-officio treasurer of the township.

*** SEND ***
*** SSTART 007.0 007.0 0 NC 1868 ***

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 a majority of the qualified voters therein.

*** SEND ***
*** SSTART 008.0 007.0 0 NC 1868 ***

SEC. 8. No money shall be drawn from any county or township treasury except by authority of
law.

*** SEND ***
*** SSTART 009.0 007.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 010.0 007.0 0 NC 1868 ***

SEC. 10. The county officers first elected tinder 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.

*** SEND ***
*** SSTART 011.0 007.0 0 NC 1868 ***

SEC. 11. The governor shall appoint a sufficient number of justices os peace in each country,
who shall hold their places until s sections four, five, and six of this article shall have been
carried into effect.

*** SEND ***
*** SSTART 012.0 007.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 013.0 007.0 0 NC 1868 ***

SEC. 13. No county, city, town, or other municipal co ration shall assume or 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. 

*** SEND ***
*** AEND ***
*** ASTART 008.0 NC 1868 ***

ARTICLE VIII

CORPORATIONS OTHER THAN MUNICIPAL


*** SSTART 001.0 008.0 0 NC 1868 ***


SECTION 1. Corporations may be formed under general laws, but shall shall not be created by a
special act, except for municipal purposes, and in cases where, in judgment of the legislature, the
object of the corporation cannot 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.

*** SEND ***
*** SSTART 002.0 008.0 0 NC 1868 ***

SEC. 2. Dues from corporations shall be secured by such individual liabilities of the corporations
and other means as may be prescribed by law.

*** SEND ***
*** SSTART 003.0 008.0 0 NC 1868 ***

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 site, and
shall be subject to be sued, in all courts in like cases as natural persons.

*** SEND ***
*** SSTART 004.0 008.0 0 NC 1868 ***

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, assessments, borrowing money,
contracting debts, and loaning their credit, so as to prevent abuses in assessments and in
contracting debts by such municipal corporation.

*** SEND ***
*** AEND ***
*** ASTART 009.0 NC 1868 ***

ARTICLE  IX

EDUCATION


*** SSTART 001.0 009.0 0 NC 1868 ***

SECTION 1. Religion, morality, and knowledge being necessary to good government and
happiness of mankind, schools and the means of education shall forever be encouraged.

*** SEND ***
*** SSTART 002.0 009.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 003.0 009.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 004.0 009.0 0 NC 1868 ***

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 specially appropriated by the United States or heretofore by
this State; also, all moneys, stocks, bonds, and other property now belonging to any fund for
purposes of education; also, the net proceeds that may accrue to the State from sales of estrays, or
from fines, penalties, and forfeitures; also, the proceeds of all sales of the swamp-lands belonging
to the State; also, all money that shall be paid as an equivalent for exemption from military duty;
also, all grants, gifts, or devises that may hereafter be made to this State, and not otherwise
appropriated by the grant, gift, or devise, shall be securely invested, and sacredly preserved as an
irreducible educational fund, the annual income of which, together with so much of the ordinary
revenue of the State as may be necessary, shall be faithfully appropriated for establishing and
perfecting in this State a system of free public schools, and for no other purposes or uses
whatsoever.

*** SEND ***
*** SSTART 005.0 009.0 0 NC 1868 ***

SEC. 5. The University of North Carolina, with its lands, emoluments, and franchises, is under
the control of the State, and shall be held to an inseparable connection with the free public-school
system of the State.

*** SEND ***
*** SSTART 006.0 009.0 0 NC 1868 ***

SEC. 6. 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.

*** SEND ***
*** SSTART 007.0 009.0 0 NC 1868 ***

SEC. 7. The governor, lieutenant-governor, secretary of state, treasurer, auditor, superintendent
of public works, superintendent of public instruction, and attorney-general, shall constitute a
State board of education.

*** SEND ***
*** SSTART 008.0 009.0 0 NC 1868 ***

SEC. 8. The governor shall be president, and the superintendent of public instruction shall be
secretary, of the board of education.

*** SEND ***
*** SSTART 009.0 009.0 0 NC 1868 ***

SEC. 9. 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

*** SEND ***
*** SSTART 010.0 009.0 0 NC 1868 ***

SEC. 10. 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 meeting may be determined by the board. 

*** SEND ***
*** SSTART 011.0 009.0 0 NC 1868 ***

SEC. 11. A majority of the board shall constitute a quorum for the transaction of business.

*** SEND ***
*** SSTART 012.0 009.0 0 NC 1868 ***

SEC. 12. The contingent expenses of the board shall be provided for by the general assembly.

*** SEND ***
*** SSTART 013.0 009.0 0 NC 1868 ***

SEC. 13. The board of education shall elect trustees for the university, as follows: One trustee for
each county in the State, whose term of office shall be eight years. The first meeting of the board
shall be held within ten days after their election, and at this and every subsequent meeting ten
trustees shall constitute a quorum. The trustees at their first meeting shall be divided, as equally
as may be, into four classes. The seats of the first class shall be vacated at the expiration of two
years; of the second class, at the expiration of four years; of the third class, at the expiration of
six years; of the fourth class, at the expiration of eight years; so that one-fourth may be chosen
every second year.

*** SEND ***
*** SSTART 014.0 009.0 0 NC 1868 ***

SEC. 14. The board of education and the president of the university, shall be, ex-officio members
of the board of trustees of the university; and shall, with three other trustees, to be appointed by
the board of trustees, con4itute the executive committee of the trustees of the University of North
Carolina, and shall be clothed with the powers delegated to the executive committee under the
existing organization of the institution. The governor shall be ex-officio president of the board of
trustees and chairman of the executive committee of the university. The board of education shall
provide for the more perfect organization of the board of trustees.

*** SEND ***
*** SSTART 015.0 009.0 0 NC 1868 ***

SEC. 15. All the privileges, rights, franchises, and endowments heretofore granted to, or
conferred upon, the board of trustees of the University of North Carolina by the charter of 1789,
or by any subsequent legislation, are hereby vested in the board of trustees, authorized by this
constitution, for the perpetual benefit of the university.

*** SEND ***
*** SSTART 016.0 009.0 0 NC 1868 ***

SEC. 16. 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.

*** SEND ***
*** SSTART 017.0 009.0 0 NC 1868 ***

SEC. 17. The general assembly is hereby empowered to 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.

*** SEND ***
*** AEND ***
*** ASTART 010.0 NC 1868 ***

ARTICLE X

HOMESTEADS AND EXEMPTIONS


*** SSTART 001.0 010.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 002.0 010.0 0 NC 1868 ***

SEC.2. Every homestead, and the dwelling 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, town, or village, with the dwelling and buildings used thereon, owned
and occupied by any resident of this State, and not exceeding the value of one thousand dollars,
shall be exempted 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.

*** SEND ***
*** SSTART 003.0 010.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 004.0 010.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 005.0 010.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 006.0 010.0 0 NC 1868 ***

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 or
bequeathed, and, with the written assent of her husband, conveyed, by her, as if she were
unmarried.

*** SEND ***
*** SSTART 007.0 010.0 0 NC 1868 ***

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 the guardian, if under age, for her, or their own use, free from all the
claims of the representatives of the husband or any of his creditors.

*** SEND ***
*** SSTART 008.0 010.0 0 NC 1868 ***

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.

*** SEND ***
*** AEND ***
*** ASTART 011.0 NC 1868 ***

ARTICLE XI

PUNISHMENTS,   PENAL INSTITUTIONS,  AND  PUBLIC  CHARITIES


*** SSTART 001.0 011.0 0 NC 1868 ***

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 tinder this State.

*** SEND ***
*** SSTART 002.0 011.0 0 NC 1868 ***

SEC. 2. The objects of punishments 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.

*** SEND ***
*** SSTART 003.0 011.0 0 NC 1868 ***

 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.

*** SEND ***
*** SSTART 004.0 011.0 0 NC 1868 ***

SEC. 4. The general assembly may provide for the erection of houses of correction, where
vagrants and persons guilty of misdemeanors shall be restrained and usefully employed.

*** SEND ***
*** SSTART 005.0 011.0 0 NC 1868 ***

SEC. 5. A house or houses of refuge may be established, whenever the public interest may
require it, for the correction and instruction of other classes of offenders.

*** SEND ***
*** SSTART 006.0 011.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 007.0 011.0 0 NC 1868 ***

SEC. 7. Beneficent provision 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 intrusted 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.

*** SEND ***
*** SSTART 008.0 011.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 009.0 011.0 0 NC 1868 ***

SEC. 9. It shall be the duty of the legislature, as soon as practicable, to devise means for the
education of idiots and inebriates.

*** SEND ***

*** SSTART 010.0 011.0 0 NC 1868 ***
SEC. 10. The general assembly shall provide that all the deaf-mutes, the blind, and the insane of
the State shall be cared for at the charge of the State.

*** SEND ***
*** SSTART 011.0 011.0 0 NC 1868 ***

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.

*** SEND ***
*** AEND ***
*** ASTART 012.0 NC 1868 ***

ARTICLE XII

MILITIA


*** SSTART 001.0 012.0 0 NC 1868 ***

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 duty in the
militia: Provided, That all persons who may be adverse to bearing arms, from religious scruples,
shall be exempt therefrom.

*** SEND ***
*** SSTART 002.0 012.0 0 NC 1868 ***

SEC. 2. The general assembly shall provide for the organizing, arming, equipping, and
disciplining of the militia, and for paying the same when called into active service.

*** SEND ***
*** SSTART 003.0 012.0 0 NC 1868 ***

SEC. 3. The governor shall be commander-in-chief, and have power to call out the militia to
execute the law, to suppress riots or insurrection, and to repel invasion..

*** SEND ***
*** SSTART 004.0 012.0 0 NC 1868 ***

SEC. 4. The general assembly shall have power to make such exemptions, as may be deemed
necessary, and to enact laws that may be expedient for the government of the militia.

*** SEND ***
*** AEND ***
*** ASTART 013.0 NC 1868 ***

ARTICLE XIII

AMENDMENTS


*** SSTART 001.0 013.0 0 NC 1868 ***

SECTION 1. No convention of the people shall be called by the general assembly unless by the
concurrence of two-thirds of all the members of each house of the general assembly.

*** SEND ***
*** SSTART 002.0 013.0 0 NC 1868 ***

SEC. 2. No part of the constitution of this State shall be altered unless a bill to alter the same
shall have been read three times in each house of the general assembly and agreed to by three-
fifths of the whole number of members of each house, respectively; nor shall any alteration take
place until the bill, so agreed to, shall have been published six months previous to a new election
of members to the general assembly. If, after such publication, the alteration proposed by the
preceding general assembly shall be agreed to in the first session thereafter by two-thirds of the
whole representation in each house of the general assembly, after the game shall have been read
three times on three several days in each house then the said general assembly shall prescribe a
mode by which the amendment or amendments may be submitted to the qualified voters of the
house of representatives throughout the State, and if, upon comparing the votes given in the
whole State, it shall appear that a majority ol the voters voting thereon have approved thereof,
then and not otherwise, the same shall become a part of the constitution.

*** SEND ***
*** AEND ***
*** ASTART 014.0 NC 1868 ***

ARTICLE XIV

MISCELLANEOUS


*** SSTART 001.0 014.0 0 NC 1868 ***

SECTION 1. All indictments which shall have been found, or may hereafter be found, for any
crime or offence 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.

*** SEND ***
*** SSTART 002.0 014.0 0 NC 1868 ***

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 this state to fight a duel,
shall hold any office in this State.

*** SEND ***
*** SSTART 003.0 014.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 004.0 014.0 0 NC 1868 ***

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.

*** SEND ***
*** SSTART 005.0 014.0 0 NC 1868 ***

SEC. 5. In the absence of any contrary provision, all officers in 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.

*** SEND ***
*** SSTART 006.0 014.0 0 NC 1868 ***

SEC. 6. The seat of government in this State shall remain at the city of Raleigh.

*** SEND ***
*** SSTART 007.0 014.0 0 NC 1868 ***

SEC. 7. No person shall hold more than one lucrative office under the State at the same time:
Provided, That officers in the militia, justices of the peace, commissioners of public charities,
and commissioners for special purposes shall not be considered officers within the meaning of
this section.

*** SEND ***
*** AEND ***   
*** ASTART 9016.0 NC 1868 ***

Done in convention at Raleigh the sixteenth day of March, in the year of our Lord one thousand
eight hundred and sixty-eight, and of the independence of the United States the ninety-second.
                                                    
                                                                                                             CALVIN J. COWLES,
President.
                              T.A. BYRNES, Secretary.

*** AEND ***   
*** MSTART 001 005.0 002.0 0 NC 1868 1873 ***

Amend Section five of the said article, by striking out all that precedes the words, 'the said
Senate District,' and by striking out the phrase, 'as aforesaid or,' in said section; the part so
stricken out having reference to the State census.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 002 002.0 002.0 0 NC 1868 1873 ***

Amend section two of the second article by striking out the word "annually," and inserting in lieu
thereof the word "biennially;" being in reference to the sessions of the General Assembly.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 003 006.0 003.0 0 NC 1868 1873 ***

Amend section six of the third article by striking out the word "annually," and inserting in lieu
thereof the word "biennially," so as to conform to the provisions respecting the sessions of the
General Assembly.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 004 006.0 005.0 0 NC 1868 1873 ***

Amend section sixth of the fifth article, by inserting after the word "instrument," in said section,
the words, "or any other personal property."

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 005 007.0 009.0 0 NC 1868 1873 ***

Strike out the words, "Superintendent of Public Works," wherever they occur in the Constitution,
thus abolishing that office.

[Ratified August 7, 1873]

*** MEND ***
*** MSTART 006 001.0 003.0 0 NC 1868 1873 ***

Strike out the words, "Superintendent of Public Works," wherever they occur in the Constitution,
thus abolishing that office.

[Ratified August 7, 1873]

*** MEND ***
*** MSTART 007 013.0 003.0 0 NC 1868 1873 ***

Strike out the words, "Superintendent of Public Works," wherever they occur in the Constitution,
thus abolishing that office.

[Ratified August 7, 1873]

*** MEND ***
*** MSTART 008 014.0 003.0 0 NC 1868 1873 ***

Strike out the words, "Superintendent of Public Works," wherever they occur in the Constitution,
thus abolishing that office.

[Ratified August 7, 1873]

*** MEND ***
*** MSTART 009 006.0 001.0 0 NC 1868 1873 ***

Amend section six of the first article, by striking out the first clause thereof, down to and
including the word "but," this being the clause relating to the State debt.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 010 004.0 005.0 0 NC 1868 1873 ***

Strike out section four of the fifth article relating to taxation to pay the State debt and interest.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 011 005.0 009.0 0 NC 1868 1873 ***

Strike out section five of the ninth article, and in lieu thereof insert the following: "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 heretofore 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."

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 012 013.0 009.0 0 NC 1868 1873 ***

Strike out sections thirteen, fourteen, and fifteen of the ninth article, relating to the University of
North Carolina.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 013 014.0 009.0 0 NC 1868 1873 ***

Strike out sections thirteen, fourteen, and fifteen of the ninth article, relating to the University of
North Carolina.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 014 015.0 009.0 0 NC 1868 1873 ***

Strike out sections thirteen, fourteen, and fifteen of the ninth article, relating to the University of
North Carolina.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 015 002.0 004.0 0 NC 1868 1873 ***

Strike out sections two and three of the fourth article, being the provisions which refer to the
appointment and duties of the code commissioners.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 016 003.0 004.0 0 NC 1868 1873 ***

Strike out sections two and three of the fourth article, being the provisions which refer to the
appointment and duties of the code commissioners.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 017 007.0 014.0 0 NC 1868 1873 ***

Alter section seven of the fourteenth article so that said section shall read as follows: 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.

[Ratified August 7, 1873.]

*** MEND ***
*** MSTART 018 025.0 001.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section twenty-five of
article one be amended by adding after the word grievances, the following:  "But secret political
societies are dangerous to the liberties of a free people, and should not be tolerated."

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 019 024.0 001.0 0 NC 1868 1876 ***

Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the
Legislature from enacting penal statutes against said practice.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 020 002.0 002.0 0 NC 1868 1876 ***

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 021 004.0 002.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section four, of article
two, be stricken from the Constitution.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 022 008.0 002.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section eight, of article
two, be stricken from the Constitution.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 023 027.0 002.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section twenty-seven, of
Article two, of the Constitution, be amended so as to read as follows:

Section __.  The terms of office for Senators and members of the House of Representatives shall
commence at the time of their election.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 024 029.0 002.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section twenty-nine, of
Article two, of the Constitution, be amended so as to read as follows:

Section __.  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 election.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 025 031.0 002.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That the following be an
additional section to Article two of the Constitution:

Section __.  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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 026 010.0 003.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That article three (3), section
ten (10), of the Constitution, be amended so as to read as follows:

"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."

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 027 017.0 003.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section seventeen, of
article three, be stricken from the Constitution, and that the following be inserted in lieu thereof:

Section __.  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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 028 004.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section four, article four,
of the Constitution be amended so as to read as follows:

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 029 008.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section eight, of article
four, of the Constitution be amended so as to read as follows:

The Supreme Court shall consist of a Chief Justice and two Associate Justices.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 030 009.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section nine, of article
four, of the Constitution of North Carolina be abrogated and the following substituted therefor:

The terms of the Supreme Court shall be held in the city of Raleigh, as now, until otherwise
provided by the General Assembly.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 031 010.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That article four, section ten,
of the Constitution, be amended to read as follows:

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 032 012.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section twelve, article
four, of the Constitution be amended to read as follows:

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 033 014.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section fourteen, article
four, of the Constitution, shall read as follows:

That 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 become 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
said district.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 034 015.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That sections fifteen, sixteen
and seventeen, of article four, of the Constitution be abrogated and annulled, and the following
substituted therefor:

Section __.  The General Assembly shall have no power to deprive the Judicial Department of
any power or jurisdiction which rightfully pertains to it, as a co-ordinate 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 the 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
proceeding 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 035 016.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That sections fifteen, sixteen
and seventeen, of article four, of the Constitution be abrogated and annulled, and the following
substituted therefor:

Section __.  The General Assembly shall have no power to deprive the Judicial Department of
any power or jurisdiction which rightfully pertains to it, as a co-ordinate 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 the 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
proceeding 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 036 017.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That sections fifteen, sixteen
and seventeen, of article four, of the Constitution be abrogated and annulled, and the following
substituted therefor:

Section __.  The General Assembly shall have no power to deprive the Judicial Department of
any power or jurisdiction which rightfully pertains to it, as a co-ordinate 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 the 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
proceeding 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 037 026.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That sections twenty-six and
twenty-seven, article four of the Constitution be stricken out, and insert the following:

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 038 027.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That sections twenty-six and
twenty-seven, article four of the Constitution be stricken out, and insert the following:

The Judges of the Supreme 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 Supreme 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 039 031.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section thirty-one, article
four of the Constitution of this State, be stricken out and the following inserted in its stead, to
writ:

All vacancies occurring in the offices provided for by this article of the Constitution shall be
filled by the appointments 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 office 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 040 033.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section thirty-three,
article four, of the Constitution, be amended to read as follows:

Section __.  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
cannot 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 the same with the Clerk of the Superior Court for his county.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 041 036.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That a new section be added
to article four of the Constitution, as follows:

Section __.  In case the General Assembly shall establish other courts inferior to 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 042 037.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That the following sections be
added to article four of the Constitution:

Section __.  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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 043 038.0 004.0 0 NC 1868 1876 ***

Section __.  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 Courts, 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 then to the Supreme Court, as provided in other cases of appeals.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 044 039.0 004.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 045 001.0 006.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section one, article six,
of the Constitution, be amended to read as follows:

Sec. __.  Every male person, born in the United State, and every male person who has been
naturalized, twenty-one years old or upward, who shall have resided in the State twelve months
next preceding the election, and ninety days in the county in which he offers to vote, shall be
deemed an elector.  But no person who, upon conviction or confession in open Court, shall be
adjudged guilty of felony, or of any other crime infamous by the laws of this State, and hereafter
committed, shall be deemed an elector, unless such person shall be restored to the rights of
citizenship in a mode prescribed by law.

[Effective November 7, 1876.] 

*** MEND ***
*** MSTART 046 014.0 007.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That article seven of the
Constitution be amended by adding another section thereto, as follows:

Section __.  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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 047 002.0 009.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section two of the ninth
article of the Constitution, be amended by adding the following words:

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 made in favor of, or to the prejudice of, either
race.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 048 004.0 009.0 0 NC 1868 1876 ***

[Section 4 of Article 9 was repealed effective November 7, 1876 and was replaced with two new
sections labeled 4A and 4B.]

*** MEND ***
*** MSTART 049 004.A 009.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section four of article
nine of the Constitution be stricken out, and two new sections be inserted in said article in lieu
thereof, as follows:

Section __.  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 this State and not
otherwise appropriated by the State or by the term 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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 050 004.B 009.0 0 NC 1868 1876 ***

Section __.  All moneys, stocks, bonds and other property belonging to a county school fund;
also, the net proceeds from the sale of strays; 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 the State:   Provided, That the amount collected in each county shall be annually
reported to the Superintendent of Public Instruction.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 051 001.0 011.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That section one, article
eleven, of the Constitution of this State, be amended by adding at the end of said section as
follows:

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 other officer of this State.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 052 001.0 013.0 0 NC 1868 1876 ***

Be it ordained by the people of North Carolina in Convention assembled do ordain, That sections
one and two, of article thirteen, be stricken from the Constitution, and the following substituted
therefor:

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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 053 002.0 013.0 0 NC 1868 1876 ***

Section 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 be
qualified voters of the whole State, in such 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 this State.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 054 008.0 014.0 0 NC 1868 1876 ***

The people of North Carolina in Convention assembled do ordain, That a new section be added
to the article fourteen of the Constitution, as follows:

Section __.  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.

[Effective November 7, 1876.]

*** MEND ***
*** MSTART 055 010.0 011.0 0 NC 1868 1880 ***

Strike out section ten of article eleven of the constitution of the state and insert in lieu thereof the
following: "The general assembly may provide that the indigent deaf mutes, blind and insane of
the state shall be cared for at the charge of the state."

[Ratified November 2, 1880.]

*** MEND ***
*** MSTART 056 006.0 001.0 0 NC 1868 1888 ***

That section six of article one of the constitution shall be amended by adding at the end thereof
the following:

"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 shall any
debt or bond incurred or issued by the legislature of the year one thousand eight hundred and
sixty-eight, either 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 sixty-nine and one thousand
eight hundred and seventy, except the bonds issued to fund the interest on the old debts 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."

[Ratified November 2, 1880.]

*** MEND ***
*** MSTART 057 006.0 004.0 0 NC 1868 1888 ***

That article four of the constitution of the state be amended as follows: In section six strike out
the word "two" and insert instead thereof the word "four."

[Ratified November 6, 1888.]

*** MEND ***
*** MSTART 058 001.0 006.0 0 NC 1868 1900 ***

That article six of the constitution of North Carolina is hereby abrogated, and in lieu thereof shall
be substituted the following article of said constitution.

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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 059 002.0 006.0 0 NC 1868 1900 ***

Section 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 to vote, four
months next preceding the election: Provided, that removal from one precinct, war 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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 060 003.0 006.0 0 NC 1868 1900 ***

Section 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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 061 004.0 006.0 0 NC 1868 1900 ***

Section 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 5, 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 the
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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 062 005.0 006.0 0 NC 1868 1900 ***

Section 5.  That this amendment to the Constitution is presented an 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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 063 006.0 006.0 0 NC 1868 1900 ***

Section 6.  All elections by the people shall be by ballot, and all elections by the General
Assembly shall be viva voce.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 064 007.0 006.0 0 NC 1868 1900 ***

Section 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 of the 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."

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 065 008.0 006.0 0 NC 1868 1900 ***

Section 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 mal-practice in office; unless such person shall be restored to the rights of citizenship in a
manner prescribed by law.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 066 009.0 006.0 0 NC 1868 1900 ***

Section 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.

[Ratified August 2, 1900.]

*** MEND ***
*** MSTART 067 029.0 002.0 0 NC 1868 1916 ***

That the Constitution of the State of North Carolina be and the same is hereby amended in
manner and form as follows:

I.  By adding at the end of Article II a new section, to wit:

Section 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 non-navigable 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 matters set out in this
section.

[Ratified November 7, 1916.]

*** MEND ***
*** MSTART 068 011.0 004.0 0 NC 1868 1916 ***

By adding at the end of section eleven of Article IV the following: "and the General Assembly
may by general laws provide for the selection of special or emergency judges to hold the superior
courts of any county or district, when the judges 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."

[Ratified November 7, 1916.]

*** MEND ***
*** MSTART 069 001.0 008.0 0 NC 1868 1916 ***

By striking out section one of Article VIII and substituting therefor the following:

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.

[Ratified November 7, 1916.]

*** MEND ***
*** MSTART 070 004.0 008.0 0 NC 1868 1916 ***

By striking out section four of Article VIII, and substituting therefor the following:

"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.

[Ratified November 7, 1916.]

*** MEND ***
*** MSTART 071 003.0 005.0 0 NC 1868 1918 ***

Section 1.  That section three of article five of the Constitution of North Carolina be and the
same is hereby amended by striking out the period after the word "money" at the end of the first
sentence, and by inserting a colon in lieu thereof, and inserting between the colon and the word
"The" in the next sentence the following: "Provided, notes, mortgages, and all other evidence of
indebtedness given in good faith for the purchase price of a home, when said purchase price does
not exceed three thousand dollars, and said notes, mortgages, and other evidence of indebtedness
shall be made to run for not less than five nor more than twenty years, shall be exempt from
taxation of every kind: Provided, that the interest carried by such notes and mortgages shall not
exceed five and one-half per cent."

[Ratified November 5, 1918.]

*** MEND ***
*** MSTART 072 003.0 009.0 0 NC 1868 1918 ***

Section 1.  That section three, article nine of the Constitution of North Carolina be and the same
is hereby amended by striking out therefrom the words "four months" and inserting in lieu
thereof the words "six months."

[Ratified November 5, 1918.]

*** MEND ***
*** MSTART 073 003.0 005.0 0 NC 1868 1920 ***

Amend Article 5, Section 3, by repealing the proviso in said section "that no income shall be
taxed when the property from which the income is derived is taxed," and substituting in lieu
thereof the following: Provided, the rate of tax on incomes shall not in any case exceed six (6)
per cent, and there shall be allowed the following exemptions to be deducted from the mount of
annual incomes, to wit: for a married man with a wife living with him; or to a widow or widower
having minor child or children, natural or adopted, not less than $2,000; to all other persons not
less than $1,000; and there may be allowed other deductions (no including living expenses) so
that only net incomes are taxed.

[Ratified November 2, 1990.]

*** MEND ***
*** MSTART 074 001.0 005.0 0 NC 1868 1920 ***

By striking out section one of article five and substituting therefor the following:
Section 1.  The General Assembly may levy a capitation tax on every male inhabitant of the State
over twenty-one and under fifty years of age, which said tax shall not exceed two dollars, and
cities and towns may levy a capitation tax which shall not exceed one dollar.  No other capitation
tax shall be levied.  The commissioners of the several counties and of the cities and towns may
exempt from the capitation tax any special cases on account of poverty or infirmity.

[Ratified November 2, 1920.]

*** MEND ***
*** MSTART 075 006.0 005.0 0 NC 1868 1920 ***

By striking out section six of article five and substituting therefor the following:
"The total of the State and county tax on property shall not exceed fifteen cents on the one
hundred dollars value of property, except when the county property tax is levied for a special
purpose, and with the special approval of the General Assembly, which may be done by special
or general act: Provided, this limitation shall not apply to taxes levied for the maintenance of the
public schools of the State for the term required by article nine, section three, of this
Constitution:  Provided further, the State tax shall not exceed five cents on the one hundred
dollars value of property.

[Ratified November 2, 1920.]

*** MEND ***
*** MSTART 076 002.0 006.0 0 NC 1868 1920 ***

By striking out that part of the first sentence of section two of article six ending with the word
'election' before the word 'provided,' and substituting therefor the following:
"He shall reside in the State of North Carolina for one year and in the precinct, ward, or other
election district in which he offers to vote, four months next preceding the election."

[Ratified November 2, 1920.]

*** MEND ***
*** MSTART 077 004.0 006.0 0 NC 1868 1920 ***

By abrogating the following requirement of section four of article VI: '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 five, section one, of
the Constitution,' and by abrogating the following proviso at the end of section four on article
six: 'Provided, such person shall have paid his poll tax as above required.'

[Ratified November 2, 1920.]

*** MEND ***
*** MSTART 078 004.0 005.0 0 NC 1868 1924 ***

Section 1.  That the Constitution of the State of North Carolina be and the same is hereby
amended in manner and form as follows:
     By striking out from section four of article five of the Constitution the words "Until the
bonds of the State shall be at par, the General Assembly shall no power to contract any new debt
or pecuniary obligation in behalf of the State except to supply a casual deficit, or for suppressing
invasion or insurrection, unless it shall in the same bill levy a special tax to pay the interest
annually,' and by inserting in lieu of the words so stricken the following:
     "Except for the refunding of valid bonded debt, and except to supply a casual deficit, or
for suppressing invasions or insurrections, the General Assembly shall have no power to contract
any new debt or pecuniary obligation in behalf of the State to an amount exceeding in the
aggregate, including the then existing debt recognized by the State, and deducting sinking funds
then on hand, and the par value of the stock in the North Carolina Railroad Company owned by
the State, seven and one-half per cent of the assessed valuation of taxable property within the
State as last fixed for taxation."

[Ratified November 4, 1924.]

*** MEND ***
*** MSTART 079 030.0 002.0 0 NC 1868 1924 ***

Section 1.  That the Constitution of North Carolina be and the same is hereby amended in manner
and form as follows: Insert a new section, which shall be known as section thirty of article two,
said section to read as follows:
     "Sec. 30.  The General Assembly shall not use, nor authorize to be used, any part of the
amount of any sinking fund for any purpose other than the retirement of the bonds for which said
sinking fund has been created."

[Ratified November 4, 1924.]

*** MEND ***
*** MSTART 080 003.0 005.0 0 NC 1868 1924 ***

Section 1.  That section three of article five of the Constitution of North Carolina be and the
same is hereby amended by striking out "Provided, notes mortgages, and all other evidence of
indebtedness, given in good faith for the purchase price of a home when said purchase price does
not exceed three thousand dollars ($3,000), and said notes, mortgages, and other evidences of
indebtedness shall be made to run for not less than five nor more than twenty years, shall be
exempt from taxation of every kind: Provided, that the interest carried by such notes and
mortgages shall not exceed five and one-half per cent," and inserting in lieu thereof the
following:

"Provided, notes, mortgages, and all other evidences of indebtedness, or any renewal thereof,
given in good faith to build, repair or purchase a home, when said loan does not exceed eight
thousand dollars ($8,000), and said notes and mortgages and other evidences of indebtedness, or
any renewal thereof, shall be made to run for not less than one nor more than thirty years, shall be
exempt from taxation of every kind for fifty per cent of the value of the notes and mortgages:
Provided, the holder of said note or notes must reside in the county where the land lies, and there
list it for taxation: Provided further, that when said notes and mortgages are held and taxed in the
county where the home is situated, then the owner of the home shall be exempt from taxation of
every kind for fifty per cent of the value of said notes and mortgages.  The word 'home' is
defined to mean lands, whether consisting of a building lot or a larger tract, together with all the
buildings and outbuildings which the owner in good faith intends to use a dwelling place for
himself or herself, which shall be conclusively established by the actual use and occupancy of
such premises as a dwelling place of the purchaser or owner for a period of three months.

[Ratified November 4, 1924.]

*** MEND ***
*** MSTART 081 003.0 003.0 0 NC 1868 1926 ***

Section 1.  That section three of article three of the Constitution of North Carolina be and the
same is hereby amended by striking out all of section three and inserting in lieu thereof the
following:  "Section three.  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 officer, directed to
the Secretary of State.  The return shall be canvassed and the result declared in such manner as
may be prescribed by law.  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."

[Effective November 2, 1926]

*** MEND ***
*** MSTART 082 028.0 002.0 0 NC 1868 1926 ***

Section 1.  That the Constitution of the State of North Carolina, be and it is hereby amended, by
striking out section twenty-eight, article two, and inserting in lieu thereof, the following:

"Section twenty-eight.  Pay of members and officers of the General Assembly.  The members of
the General Assembly for the term of their office shall receive a salary for their services of six
hundred dollars each.  The salaries of the presiding officers of the two houses shall be seven
hundred dollars each:  Provided, that in addition to the salaries herein provided for, should an
extra session of the General Assembly be called, the members shall receive eight dollars per day
each, and the presiding officers of the two houses ten dollars per day each, for every day of such
extra session not exceeding twenty days; and should an extra session continue more than twenty
days, the members and officers shall serve thereafter without pay."

[Effective November 6, 1928.]

*** MEND ***
*** MSTART 083 007.0 010.0 0 NC 1868 1932 ***

Section 2.  The if a majority of the votes cast shall be "For Amendment to Constitution to Protect
Insurance for Widows and Children Against Creditors of Insured," then, and in that event, article
ten, section seven (7), of the Constitution of this State shall be, and become amended as follows,
at the end thereof, to-wit:

"And the policy shall not be subject to claims of creditors of the insured during the life of the
insured, if the insurance issued is for the sole use and benefit of the wife and/or children."

[Effective November 8, 1932.]

*** MEND ***
*** MSTART 084 009.0 007.0 0 NC 1868 1936 ***

Section 1.  That article seven of the Constitution of North Carolina be amended by striking out
sub-section nine, and renumbering the remaining sub-sections.

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 085 009.0 007.0 0 NC 1868 1936 ***

SEC. 9  The county officers first elected tinder 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.

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 086 010.0 007.0 0 NC 1868 1936 ***

SEC. 10. The governor shall appoint a sufficient number of justices os peace in each country,
who shall hold their places until s sections four, five, and six of this article shall have been
carried into effect.

[Effective November 3, 1936.]


*** MEND ***
*** MSTART 087 011.0 007.0 0 NC 1868 1936 ***

SEC. 11. All charters, ordinances, and provisions relating to municipal corporations shall remain
in force until legally changed, unless inconsistent with the provisions of this constitution.

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 088 012.0 007.0 0 NC 1868 1936 ***

SEC. 12. No county, city, town, or other municipal co ration shall assume or 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. 

[Effective November 3, 1936.]

*** MEND *** 
*** MSTART 089 013.0 007.0 0 NC 1868 1936 ***

Section 13.  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.

[Effective November 3, 1936.]

*** MEND *** 
*** MSTART 090 014.0 007.0 0 NC 1868 1936 ***

[Section 14 of Article 7 was taken out as part of the renumbering of amendments in Article 7
following the repeal of Section 9.  The text of Section 14 became the text of Section 13 effective
November 3, 1936.]

*** MEND ***
*** MSTART 091 003.0 005.0 0 NC 1868 1936 ***

That article five of the Constitution of North Carolina be amended by striking out all of section
three of said article down to, and including, the word "months," in line twenty-six (as printed in
the Public Laws of North Carolina, Session of 1933), and substituting in lieu thereof the
following:

"Sec.3.  State Taxation.  The power of taxation shall be exercised in a just and equitable manner,
and shall never be surrendered, suspended or contracted away.  Taxes on property shall be
uniform as to each class of property taxed.  Taxes shall be levied only for public purposes, and
every act levying a tax shall state the object to which it is to be applied."

Sec. 2. That article five of the Constitution of North Carolina be further amended by striking out
in lines twenty-eight and twenty-nine of sub-section three of said Article (as printed in the Public
Laws of North Carolina, Session of 1933) the words and figures "six per cent (6%)," and
inserting in lieu thereof the words and figures "ten per cent (10%)."

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 092 004.0 005.0 0 NC 1868 1936 ***

Sec. 3.  That Article five of the Constitution of North Carolina, as printed in the Public Laws of
North Carolina, Session of 1933, be amended by striking out all of section four of said Article
down to and including the word "taxation" in line twelve, and substitution in lieu thereof the
following:

"Sec. 4.  Limitations upon the increase of public debts.  The General Assembly shall have the
power to contract debts and to pledge the faith and credit of the State and to authorize counties
and municipalities to contract debts and pledge their faith and credit for the following purposes:

"To fund or refund a valid existing debt;

"To borrow in anticipation of the collection of taxes due and payable within the fiscal year to an
amount not exceeding fifty per centum of such taxes;

"To supply a casual deficit;

"To suppress riots or insurrections, or to repel invasions.

"For any purpose other than these enumerated, the General Assembly shall have no power,
during any biennium, to contract new debts on behalf of the State to an amount in excess of
two-thirds of the amount by which the State's outstanding indebtedness shall have been reduced
during the next preceding biennium, unless the subject be submitted to a vote of the people of the
State; and for any purpose other than these enumerated the General Assembly shall have no
power to authorize counties or municipalities to contract debts, and counties and municipalities
shall not contract debts, during any fiscal year, to an amount exceeding two-thirds of the amount
by which the outstanding indebtedness of the particular county or municipality shall have been
reduced during the next preceding fiscal year, unless the subject be submitted to a vote of the
people of the particular county or municipality.  In any election held in the State or in any county
or municipality under the provisions of this section, the proposed indebtedness must be approved
by a majority of those who shall vote thereon."

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 093 006.0 004.0 0 NC 1868 1936 ***

Section 1.  That section six of article four of the Constitution of North Carolina be stricken out
and the following inserted in lieu thereof:

"Supreme Court.  The Supreme Court shall consist of a Chief Justice and four Associate Justices. 
The General Assembly may increase the number of Associate Justices to not more than six when
the work of the Court so requires.  The Court shall have power to sit in divisions, when in its
judgment this is necessary for the proper dispatch of business, and to make rules for the
distribution of business between the divisions and for the hearing of cases by the full Court.  No
decision of any division shall become the judgment of the Court unless concurred in by a
majority of all the justices; and no case involving a construction of the Constitution of the State
or of the United States shall be decided except by the Court in banc.  All sessions of the Court
shall be held in the City of Raleigh.  This amendment made to the Constitution of North Carolina
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."

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 094 005.0 005.0 0 NC 1868 1936 ***

Sec. 2.  That section five of article five of the Constitution of North Carolina be amended by
adding at the end of section five the following:  "The General Assembly may exempt from
taxation not exceeding one thousand dollars ($1,000.0) in value of property held and used as the
place of residence of the owner."

[Effective November 3, 1936.]

*** MEND ***
*** MSTART 095 024.0 004.0 0 NC 1868 1938 ***

Section 1.  That section twenty-four of article four of the Constitution of North Carolina be and
the same is hereby amended to read as follows:

"Sec. 24.  Sheriffs and Coroners.  In each county a sheriff and a coroner shall be elected by the
qualified voters thereof as is prescribed for the members of the General Assembly, and shall hold
their offices for a period of four years.  In each township there shall be a constable elected in like
manner by the voters thereof, who shall hold his office for a period of 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."

[Effective November 8, 1938.]

*** MEND ***
*** MSTART 096 018.0 003.0 0 NC 1868 1938 ***

Section 1.  That Article three of the Constitution of North Carolina be amended by adding a new
section as follows:

"Section 18.  The General Assembly is authorized and empowered to create a Department of
Justice under the supervision and direction of the Attorney General, and to enact suitable laws
defining the authority of the Attorney General and other officers and agencies concerning the
prosecution of crime and the administration of the criminal laws of the State."

[Effective November 8, 1938.]

*** MEND ***
*** MSTART 097 008.0 009.0 0 NC 1868 1942 ***

Section 1.  That Article IX, Sections eight and nine, of the Constitution of North Carolina be
amended by substituting for the said sections the following:

"Sec. 8.  State Board of Education.  The general supervision and administration of the free public
school system, and of the educational funds provided for the support thereof, shall, from and
after the first day of April, one thousand nine hundred and forty-three, be vested in a State Board
of Education to consist of the Lieutenant Governor, State Treasurer, the Superintendent of Public
Instruction, and one member from each Congressional District to be appointed by the Governor. 
The State Superintendent of Public Instruction shall have the general supervision of the public
schools and shall be secretary of the board.  There shall be a comptroller appointed by the Board,
subject to the approval of the Governor as director of the Budget, who shall serve at the will of
the board and who, under the direction of the board, shall have supervision and management of
the fiscal affairs of the board.  The appointive members of the State Board of Education shall be
subject to confirmation by the General Assembly in joint session.  A majority of the members of
said board shall be persons of training and experience in business and finance, who shall not be
connected with the teaching profession or any educational administration of the State.  The first
appointments under this section shall be members from odd numbered Congressional Districts
for two years, and members from even numbered Congressional Districts for four years and,
thereafter, all appointments shall be made for a term of four years.  All appointments to fill
vacancies shall be made by the Governor for the unexpired term, which appointments shall not
be subject to confirmation.  The board shall elect a chairman and a vice-chairman.  A majority of
the board shall constitute a quorum for the transaction of business.  The per diem and expenses of
the appointive members of the board shall be provided by the General Assembly."

[Effective November 3, 1942.]

*** MEND ***
*** MSTART 098 009.0 009.0 0 NC 1868 1942 ***

Sec. 2.  That Article IX, Sections ten, eleven, twelve and thirteen, of the Constitution of North
Carolina, be amended by substituting thereof one section, to be designated as Section nine, which
shall be as follows:

"Sec. 9.  Powers and Duties of the Board.  The State Board of Education shall succeed to all the
powers and trusts of the President and Directors of the Literary Fund of North Carolina and the
State Board of Education as heretofore constituted.  The State Board of Education shall have
power to divide the State into a convenient number of school districts; to regulate the grade,
salary and qualifications of teachers; to provide for the selection and adoption of the text books
to be used in the public schools; to apportion and equalize the public school funds over the State;
and generally to supervise and administer the free public school system of the State and make all
needful rules and regulations in relation thereto.  All the powers enumerated in this section shall
be exercised in conformity with this Constitution and subject to such laws as may be enacted
from time to time by the General Assembly."

[Effective November 3, 1942.]

*** MEND ***
*** MSTART 099 010.0 009.0 0 NC 1868 1942 ***

[Section 10 of Article 9 was replaced by Section 14 effective November 3, 1942.  This seems to
be a mistake on the part of the North Carolina legislature   at this point, there was no Section 14
of Article 9.]

*** MEND ***
*** MSTART 100 011.0 009.0 0 NC 1868 1942 ***

[Section 11 of Article 9 was replaced by Section 15 effective November 3, 1942.  This seems to
be a mistake on the part of the North Carolina legislature   at this point, there was no Section 15
of Article 9.]

*** MEND ***
*** MSTART 101 014.0 009.0 0 NC 1868 1942 ***

"Sec. 3.  That Sections fourteen and fifteen of Article IX of the Constitution of North Carolina
shall be changed to Sections ten and eleven of Article IX of the Constitution of North Carolina.

[Effective November 3, 1942. This seems to be a mistake on the part of the North Carolina
legislature   at this point, there was no Section 14 of Article 9.] 

*** MEND ***
*** MSTART 102 015.0 009.0 0 NC 1868 1942 ***

"Sec. 3.  That Sections fourteen and fifteen of Article IX of the Constitution of North Carolina
shall be changed to Sections ten and eleven of Article IX of the Constitution of North Carolina.

[Effective November 3, 1942.  This seems to be a mistake on the part of the North Carolina
legislature   at this point, there was no Section 15 of Article 9.]

*** MEND ***
*** MSTART 103 012.0 009.0 0 NC 1868 1942 ***

[Section 12 of Article 9 was repealed effective November 3, 1942.]

*** MEND ***
*** MSTART 104 013.0 009.0 0 NC 1868 1942 ***

[Section 13 of Article 9 was repealed effective November 3, 1942.]

*** MEND ***
*** MSTART 105 023.0 004.0 0 NC 1868 1942 ***

Section 1.  That Section twenty-three of Article four of the Constitution of North Carolina be,
and the same hereby is, amended to read as follows:

"Sec. 23.  The State shall be divided into twenty-one solicitorial districts, for each of which a
solicitor shall be chosen 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.  But the General Assembly may reduce or increase the number of solicitorial districts,
which need no correspond to, or be the same as, the judicial districts of the State."

[Effective November 3, 1942.]

*** MEND ***
*** MSTART 106 001.0 003.0 0 NC 1868 1944 ***

Section 1.  Section one of Article three of the Constitution of North Carolina is hereby amended
to read as follows:

"Section 1.  Officers of the executive department; terms of office.  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, an Attorney General, a Commissioner of Agriculture, a Commission of Labor, and a
Commissioner of Insurance, 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."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 107 013.0 003.0 0 NC 1868 1944 ***

Sec. 2.  That Section thirteen of Article three of the Constitution of North Carolina is hereby
amended to read as follows:

"Sec. 13.  Duties of other executive officers.  The respective duties of the Secretary of State,
Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commission of
Agriculture, Commissioner of Labor, and Commissioner of Insurance 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 person chosen shall
hold the office for the remainder of the unexpired term fixed in the first section of this article."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 108 014.0 003.0 0 NC 1868 1944 ***

Sec. 3.  That Section fourteen of Article three of the Constitution of North Carolina is hereby
amended to read as follows:

"Sec. 14.  Council of State.  The Secretary of State, Auditor, Treasurer, Superintendent of Public
Instruction, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of
Insurance shall constitute, ex officio, the Council of State, who shall advise the Governor in the
execution of his office, and 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."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 109 007.0 014.0 0 NC 1868 1944 ***

Section 1.  That Section seven of Article fourteen of the Constitution of North Carolina be, and
the same hereby is, amended by rewriting the proviso of said section to read as follows, it being
the intent and purpose of this amendment to exempt notaries public from the prohibition of
double office holding:

"Provided, that nothing herein contained shall extend to officers in the militia, notaries public,
justices of the peace, commissioners of public charities, or commissioners for special purposes."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 110 008.0 009.0 0 NC 1868 1944 ***

Section 1.  Article IX, Section eight, of the Constitution of North Carolina is hereby amended by
substituting for the said section, the following:

"Sec. 8.  State Board of Education.  The general supervision and administration of the free public
school system, and of the education funds provided for the support thereof, except those
mentioned in Section five of this Article, shall, from and after the first day of April, one thousand
nine hundred and forty-five, be vested in the State Board of Education to consist of the
Lieutenant Governor, State Treasurer, the Superintendent of Public Instruction, and ten members
to be appointed by the Governor, subject to confirmation by the General Assembly in joint
session.  The General Assembly shall divide the State into eight educational districts, which may
be altered from time to time by the General Assembly.  Of the appointive members of the State
Board of Education, one shall be appointed from each of the eight educational districts, and two
shall be appointed as the members at large.  The first appointments under this section shall be: 
Two members appointed from educational districts for terms of two years; two members
appointed from educational districts for terms of four years; two members appointed from
educational districts for terms of six years; and two members appointed from educational
districts for terms of eight years.  One member at large shall be appointed for a period of four
years and one member at large shall be appointed for a period of eight years.  Any appointments
to fill vacancies shall be made by the Governor for the unexpired term, which appointments shall
not be subject to confirmation.  The State Superintendent of Public Instruction shall be the
administrative head of the public school system and shall be secretary of the board.  The board
shall elect a chairman and vice-chairman.  A majority of the board shall constitute a quorum for
the transaction of business.  The per diem and expenses of the appointive members shall be
provided by the General Assembly."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 111 011.0 002.0 0 NC 1868 1944 ***

Section 1.  That Article II, Section eleven, of the Constitution of North Carolina be, and the same
hereby is, amended by rewriting said section so as to read as follows:

"The Lieutenant Governor shall be President of the Senate, but shall have no vote unless the
Senate be equally divided.  He shall receive such compensation as shall be fixed by the General
Assembly."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 112 008.0 010.0 0 NC 1868 1944 ***

Section 1.  Section eight of Article ten of the Constitution is hereby amended to read as follows:

"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 signature and acknowledgement of his wife."

[Effective November 7, 1944.]

*** MEND ***
*** MSTART 113 001.0 001.0 0 NC 1868 1946 ***

Section 1.  That Sections one, seven, eleven, thirteen, nineteen and twenty-six of Article I of the
Constitution of North Carolina be rewritten so as to read as follows:

Section 1.  The equality and rights of persons.  That we hold it to be self-evident that all persons
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.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 114 007.0 001.0 0 NC 1868 1946 ***

Sec. 7.  Exclusive emoluments, et cetera.  No person or set of persons are entitled to exclusive or
separate emoluments or privileges from the community but in consideration of public services.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 115 011.0 001.0 0 NC 1868 1946 ***

Sec. 11.  In criminal prosecutions.  In all criminal prosecutions, every person charge with crime
has the right to be informed of the accusation and to confront the accusers and witnesses with
other testimony, and to have counsel for defense, and not be compelled to give self-incriminating
evidence, or to pay costs, jail fees, or necessary witness fees of the defense, unless found guilty.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 116 013.0 001.0 0 NC 1868 1946 ***

Sec. 13.  Right of jury.  No person shall be convicted of any crime but by the unanimous verdict
of a jury of good and lawful persons in open court.  The Legislature may, however, provide other
means of trial, for petty misdemeanors, with the right of appeal.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 117 019.0 001.0 0 NC 1868 1946 ***

Sec. 19.  Controversies at law respecting property.  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 out to remain sacred and inviolable.  No person shall be excluded from jury service on
account of sex.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 118 026.0 001.0 0 NC 1868 1946 ***

Sec. 26.  Religious liberty.  All persons 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.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 119 001.0 006.0 0 NC 1868 1946 ***

Sec. 2.  That Section one of Article VI of the Constitution of North Carolina be amended to read
as follows:

Section 1.  Who may vote.  Every person born in the United States, and every 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 of the State, except as herein otherwise
provided.

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 120 007.0 007.0 0 NC 1868 1946 ***

Section 1.  Article VII, Section 7 of the Constitution of North Carolina is hereby amended by
substituting for said Section the following:

Sec. 7.  No debt or loan except by a majority of votes.  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
approved by a majority of those who shall vote thereon in any election held for such purpose."

[Effective November 5, 1946.]

*** MEND ***
*** MSTART 121 010.0 004.0 0 NC 1868 1950 ***

Section 1.  That the Constitution of the State of North Carolina, be and is hereby amended by
striking out Section 10, Article IV, and inserting in lieu thereof the following:

Sec. 10.  Judicial Districts for Superior Courts.  The General Assembly shall divide the State into
a number of judicial districts which number may be increased or reduced and shall provide for
the election of one or more Superior Court judges for each district.  There shall be 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.

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 122 012.0 001.0 0 NC 1868 1950 ***

Section 1.  That the Constitution of the State of North Carolina be, and is hereby, amended by
adding to Section 12, Article I the following:  But any person, when represented by counsel, may,
under such regulations as the Legislature shall prescribe, waive indictment in all except capital
cases.

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 123 011.0 004.0 0 NC 1868 1950 ***

Section 1.  The Constitution of the State of North Carolina, be and is hereby amended by striking
out Section 11, Article IV, and inserting in lieu thereof the following:

Sec. 11.  Judicial Districts; Rotation; Special Superior Court Judges; Assignment of Superior
Court Judges by Chief Justice.  Each Judge of the Superior Court shall reside in the district for
which he is elected.  The General Assembly may divide the State into a number of judicial
divisions.  The judges shall preside in the courts of the different districts within a division
successively; but no judge shall hold all the courts in the same district oftener than once in four
years.  The General Assembly may provide by general laws for the selection or appointment of
Special or Emergency Superior Court Judges not assigned to any judicial district, who may be
designated from time to time by the Chief Justice to hold court in any district or districts within
the State; and the General Assembly shall define their jurisdiction and shall provide for their
reasonable compensation.  The Chief Justice, when in his opinion the public interest so requires,
may assign any Superior Court Judge to hold one or more terms of Superior Court in any district.

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 124 011.0 004.0 0 NC 1868 1950 ***

Section 1.  Section 3 of Chapter 775 of the Session Laws of 1949 (House Bill 154), as ratified
April 4, 1949, is hereby amended by inserting in said Section, immediately after the words
"assignment of judges" where those words first appear in said Section, the words:  "and the
calling of special terms of court,"

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 125 031.0 002.0 0 NC 1868 1950 ***

The General Assembly of North Carolina do enact:

Section 1.  That Article II of the Constitution of the State of North Carolina be, and it is hereby,
amended by adding at the end of said Article II a new Section to be designated as Section 31 and
shall read as follows:

"Sec. 31.  The General Assembly shall not use, or authorize to be used, nor shall any agency of
the State, public officer or public employee use or authorize to be used the funds, or any part of
the funds, of the Teachers' and State Employees' Retirement System except for retirement system
purposes.  The funds of the Teachers' and State Employees' Retirement System shall not be
applied, diverted, loaned to or used by the State, any State agency, State officer, public officer or
employee except for purposes of the Retirement System:  Provided, that nothing in this Section
shall prohibit the use of said funds for the payment of benefits, administrative expenses and
refunds as authorized by the Teachers' and State Employees' Retirement Law, nor shall anything
in this provision prohibit the proper investment of said funds as may be authorized by law."

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 126 028.0 002.0 0 NC 1868 1950 ***

Section 1.  That the Constitution of the State of North Carolina, be and is hereby amended by
striking out Section 28, Article 2, and inserting in lieu thereof the following:

"Sec. 28.  Pay of Members and Presiding Officers of the general Assembly.  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 fifteen dollars ($15.0) per day for each day of their session, for a
period not exceeding ninety days; and should they remain longer in session they shall serve
without compensation.  The compensation of the presiding officers of the two houses shall be
twenty dollars ($20.0) per day for a period not exceeding ninety days.  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-five days."

[Effective November 7, 1950.]

*** MEND ***
*** MSTART 127 006.0 005.0 0 NC 1868 1952 ***

Section 1.  Section 6 of Article 5 of the Constitution of North Carolina is rewritten to read as
follows:

"Section 6.  Taxes levied for counties.  The total of the State and county tax on property shall not
exceed twenty cents (20¢) on the one hundred dollars ($100.0) value of property, except when
the county property tax is levied for a special purpose and with the special approval of the
General Assembly, which may be done by special or general act:  Provided, this limitation shall
not apply to taxes levied for the maintenance of the public schools of the State for the term
required by Article 9, Section 3, of the Constitution:  Provided, further, the State tax shall not
exceed five cents (5¢) on the one hundred dollars ($100.0) value of property."

[Effective November 4, 1952.]

*** MEND ***
*** MSTART 128 013.0 002.0 0 NC 1868 1952 ***

The General Assembly of North Carolina do enact:

Section 1.  Section 13 of the Article II of the Constitution of the Sate of North Carolina is hereby
rewritten so that the same shall hereafter read as follows:

"If a vacancy shall occur in the General Assembly by death, resignation or otherwise, the said
vacancy shall be filled immediately by the Governor appointing the person recommended by the
executive committee of the county in which the deceased or resigned member was affiliated at
the time of his election."

[Effective November 4, 1952.]

*** MEND ***
*** MSTART 129 025.0 004.0 0 NC 1868 1952 ***

Section 1.  The Constitution of the State of North Carolina is hereby amended by rewriting the
first sentence of Section 25 of Article IV to read as follows:

"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 that is
held more than 30 days after such vacancy occurs, when elections shall be held to fill such
offices."

[Effective November 4, 1952.]

*** MEND ***
*** MSTART 130 006.0 004.0 0 NC 1868 1952 ***

Section 1.  Article IV, Section 6, of the Constitution of North Carolina be, and the same is
hereby, amended by adding at the end of said Section 6 the following:

"The General Assembly is vested with authority to provide for the retirement of members of the
Supreme Court in lieu of any active member thereof who is, for any cause, temporarily
incapacitated."

[Effective November 4, 1952.]

*** MEND ***
*** MSTART 131 006.0 003.0 0 NC 1868 1954 ***

Section 1.  Article III, Section 6, of the Constitution of the State of North Carolina, is hereby
amended by adding the following sentences at the end thereof:

"The terms reprieves, commutations and pardons shall not include paroles.  The General
Assembly is authorized and empowered to create a Board of Paroles, provide for the appointment
of the members thereof, and enact suitable laws defining the duties and authority of such board to
grant, revoke and terminate paroles.  The Governor's power of paroles shall continue until July 1,
1955, at which time said power shall cease and shall be vested in such Board of Paroles as may
be created by the General Assembly."

[Effective November 4, 1954.]

*** MEND ***
*** MSTART 132 002.0 006.0 0 NC 1868 1954 ***

Section 1.  The first sentence of Section 2, of Article VI of the Constitution of the State of North
Carolina is hereby rewritten so that the first sentence shall hereafter read as follows:

"Any person who shall have resided in the State of North Carolina for one year, and in the
precinct, ward or other election district in which such person offers to vote for thirty days next
preceding an election, and possessing the other qualifications set out in this Article, shall be
entitled to vote at any election held in this State; provided, that removal from one precinct, ward
or other election district to another in this State shall not operate to deprive any person of the
right to vote in the precinct, ward or other election district from which such person has removed
until thirty days after such removal."

[Effective November 2, 1954.]

*** MEND ***
*** MSTART 133 013.0 003.0 0 NC 1868 1954 ***

Section 1.  Section 13 of Article III of the Constitution of North Carolina be amended by adding
the following to the end of said Section:

"Provided, that when the unexpired term of any of the offices named in this Section in which
such vacancy has occurred expires on the first day of January succeeding the next General
Election, the Governor shall appoint to fill said vacancy for the unexpired term of said office."

[Effective November 2, 1954.]

*** MEND ***
*** MSTART 134 025.0 004.0 0 NC 1868 1954 ***

Sec. 2.  Section 25 of Article IV of the Constitution of North Carolina be amended by adding the
following to the end of the first sentence thereof:

"Provided, that when the unexpired term of any of the offices named in this Article of the
Constitution in which such vacancy has occurred, and in which it is herein provided that the
Governor shall fill the vacancy, expires on the first day of January succeeding the next General
Election, the Governor shall appoint to fill said vacancy for the unexpired term of said office."

[Effective November 2, 1954.]

*** MEND ***
*** MSTART 135 012.0 009.0 0 NC 1868 1956 ***

Section 1.  Article IX of the Constitution of North Carolina is hereby amended by adding a
Section 12 which shall read as follows:

"Section 12.  Education expense grants and local option.  Notwithstanding any other provision of
this Constitution, the General Assembly may provide for payment of education expense grants
from any State or local public funds for the private education of any child for whom no public
school is available or for the private education of a child who is assigned against the wishes of
his parents, or the person having control of such child, to a public school attended by a child of
another race.  A grant shall be available only for education in a nonsectarian school, and in the
case of a child assigned to a public school attended by a child of another race, a grant shall, in
addition, be available only when it is not reasonable and practicable to reassign such child to a
public school not attended by a child of another race.

"Notwithstanding any other provision of this Constitution, the General Assembly may provide
for a uniform system of local option whereby any local option unit, as defined by the General
Assembly, may choose by a majority vote of the qualified voters in the unit who vote on the
question to suspend or to authorize the suspension of the operation of one or more or all of the
public schools in that unit.

"No action taken pursuant to the authority of this Section shall in any manner affect the
obligation of the State or any political subdivision or agency thereof with respect to any
indebtedness heretofore or hereafter created."

[Effective September 8, 1956.]

*** MEND ***
*** MSTART 136 028.0 002.0 0 NC 1868 1956 ***

Section 1.  The Constitution of the State of North Carolina is hereby amended by striking out
Section 28 of Article II and by rewriting and inserting in lieu thereof the following:

"Sec. 28.  Pay of Members and Presiding Officers of the General Assembly. - 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 fifteen dollars ($15.0) per day for each of their
Session for a period not exceeding 120 days.  The compensation of the Presiding Officers of the
two houses shall be twenty dollars ($20.0) per day for a period not exceeding 120 days.  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 25 days.  The members and
Presiding Officers shall also receive, while engaged in legislative duties, such subsistence and
travel allowance as shall be established by law; provided, such allowances shall not exceed those
established for members of State boards and commissions generally."

[Effective September 8, 1956.]

*** MEND ***
*** MSTART 137 006.0 010.0 0 NC 1868 1956 ***

Section 1.  Article X, Section 6 of the Constitution of the State of North Carolina, is hereby
amended by adding the following sentences at the end of said Section:

"Every married woman may exercise powers of attorney conferred upon her by her husband,
including the power to execute and acknowledge deeds to property owned by her or by herself
and her husband."

[Effective September 8, 1956.]

*** MEND ***
*** MSTART 138 002.0 002.0 0 NC 1868 1956 ***

Section 1.  Section 2 of Article II of the Constitution of North Carolina is rewritten to read as
follows:

"The Senate and House of Representatives shall meet biennially on the first Wednesday after the
first Monday in February next after their election, unless a different day shall be provided by law;
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."

[Effective September 8, 1956.]

*** MEND ***
*** MSTART 139 001.0 004.0 0 NC 1868 1962 ***

"Section 1.  Division of judicial power.  The judicial power of the State shall, except as provided
in Section 3 of this Article, be vested in a court for the Trial of Impeachments and in a General
Court of Justice.  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, nor shall it establish or authorize any courts other than as permitted by this Article.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 140 002.0 004.0 0 NC 1868 1962 ***

"Sec. 2.  General Court of Justice.  The General Court of Justice shall constitute a unified judicial
system for purposes of jurisdiction, operation, and administration; and shall consist of an
appellate division, a Superior Court division, and a District Court division.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 141 003.0 004.0 0 NC 1868 1962 ***

Sec. 3.  Judicial powers of administrative agencies.  The General Assembly may vest in
administrative agencies established pursuant to law such judicial powers as my be reasonably
necessary as an incident to the accomplishment of the purposes for which the agencies were
created.  Appeals from administrative agencies shall be to the General Court of Justice.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 142 004.0 004.0 0 NC 1868 1962 ***

Sec. 4.  Court for the Trial of Impeachments.  The House of Representatives solely shall have the
power of impeaching.  The Court for the Trial of Impeachments shall be the Senate.  When the
Governor or Lieutenant-Governor is impeached, the Chief Justice shall preside over the Court.  A
majority of the members shall be necessary to a quorum, and no person shall be convicted
without the concurrence of two-thirds of the Senators present.  Judgment upon conviction 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 the law.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 143 005.0 004.0 0 NC 1868 1962 ***

Sec. 5.  Appellate Division.  The appellate division of the General Court of Justice shall consist
of the Supreme Court.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 144 006.0 004.0 0 NC 1868 1962 ***

[Section 6 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 6 with numbered paragraphs.]

*** MEND ***
*** MSTART 145 006.1 004.0 0 NC 1868 1962 ***

Sec. 6.  Supreme Court

(1) Membership.  The Supreme Court shall consist of a Chief Justice and six Associated Justices,
but the General Assembly may increase the number of Associate Justices to not more than eight. 
In the event the Chief Justice is unable, on account of absence or temporary incapacity, to
perform any of the duties placed upon him, the senior Associate Justice available is authorized to
discharge such duties.  The General Assembly may provide for the retirement of members of the
Supreme Court and for the recall of such retired members to serve on that Court in lieu of any
active member thereof who is, for any cause, temporarily incapacitated.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 146 006.2 004.0 0 NC 1868 1962 ***

(2) Sessions of the Supreme Court.  The sessions of the Supreme Court shall be held in the City
of Raleigh unless otherwise provided by the General Assembly.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 147 007.0 004.0 0 NC 1868 1962 ***

[Section 7 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 7 with numbered paragraphs.]

*** MEND ***
*** MSTART 148 007.1 004.0 0 NC 1868 1962 ***

Sec. 7. Superior Courts.

(1) Superior Court districts.  The General Assembly shall, from time to time, divide the State into
a convenient number of Superior Court judicial districts and shall provide for the election of one
or more Superior Court Judges for each district.  Each regular Superior Court Judge shall reside
in the district for which he is elected.  The General Assembly may provide by general law for the
selection or appointment of special or emergency Superior Court Judges not selected for a
particular judicial district.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 149 007.2 004.0 0 NC 1868 1962 ***

(2) Open at all times; sessions for trial of cases.  The Superior Courts shall be open at all times
for the transaction of all business except the trial of issues of fact requiring a jury.  Regular trial
sessions of the Superior Court shall be held at times fixed pursuant to a calendar of courts
promulgated by the Supreme Court.  At least two sessions for the trial of jury cases shall be held
annually in each county.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 150 007.3 004.0 0 NC 1868 1962 ***

"(3) Clerks.  A Clerk of the Superior Court for each county shall be elected for a term of four
years by the qualified voters thereof, at the time and in the manner prescribed by law for the
election of members of the General Assembly.  If the office of Clerk of the Superior Court
becomes vacant otherwise than by the expiration of the term, or if the people fail to elect, the
senior regular resident Judge of the Superior Court serving the county shall appoint to fill the
vacancy until an election can be regularly held.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 151 008.0 004.0 0 NC 1868 1962 ***

"Sec. 8.  District Courts.  The General Assembly shall, from time to time, divide the State into a
convenient number of local court districts and shall prescribe where the District Courts shall sit;
but a District Court must sit in at least one place in each county.  District Judges shall be elected
for each district for a term of four years, in a manner provided by law.  When more than one
District Judge is authorized and elected for a district, the Chief Justice of the Supreme Court
serving the county shall designate one of the judges as Chief District Judge.  Every District Judge
shall reside in the district for which he is elected.  For each county, the senior regular resident
Judge of the Superior Court serving the county shall appoint for a term of two years, from
nominations submitted by the Clerk of the Superior Court of the county, one or more Magistrates
who shall be officers of the District Court.  The number of District Judges and Magistrates shall,
from time to time, be determined by the General Assembly.  Vacancies in the office of District
Judge shall be filled, for the unexpired term, in a manner provided by law.  Vacancies in the
office of Magistrate shall be filled, for the unexpired term, in the manner provided for original
appointment to the office.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 152 009.0 004.0 0 NC 1868 1962 ***

"Sec. 9.  Assignment of Judges.  The Chief Justice of the Supreme Court, acting in accordance
with rules of the Supreme Court, shall make assignments of Judges of the Superior Court and
may transfer District Judges from one district to another for temporary or specialized duty.  The
principle of rotating Superior Court Judges among the various districts of a division is a salutary
one and shall be observed.  For this purpose of the General Assembly may divide the State into a
number of judicial divisions.  Subject to the general supervision of the Chief Justice of the
Supreme Court, assignment of District Judges within each local court district shall be made by
the Chief District Judge.  

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 153 010.0 004.0 0 NC 1868 1962 ***

[Section 10 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 10 separated into numbered paragraphs.]

*** MEND ***
*** MSTART 154 010.1 004.0 0 NC 1868 1962 ***

"Sec. 10.  Jurisdiction of the General Court of Justice.

"(1) Supreme Court.  The Supreme Court shall have jurisdiction to review upon appeal any
decision of the courts below, upon any matter of law or legal inference.  The jurisdiction of the
Supreme Court over 'issues of fact' and 'questions of fact' shall be the same exercised by it prior
to the adoption of this Article, 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 other courts. 
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; the decisions shall be reported to the next Session of the General Assembly for its
action. 

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 155 010.2 004.0 0 NC 1868 1962 ***

"(2) Superior Court.  Except as otherwise provided by the General Assembly, the Superior Court
shall have original general jurisdiction throughout the State.  The Clerks of the Superior Court
shall have such jurisdiction and powers as the General Assembly shall provide by general law
uniformly applicable in every county of the State.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 156 010.3 004.0 0 NC 1868 1962 ***

"(3) District Courts; Magistrates.  The General Assembly shall, by general law uniformly
applicable in every local court district of the State, prescribe the jurisdiction and powers of the
District Courts and Magistrates.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 157 010.4 004.0 0 NC 1868 1962 ***

"(4) Waiver.  The General Assembly may be general law provide that the jurisdictional limits
may be waived in civil cases.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 158 010.5 004.0 0 NC 1868 1962 ***

"(5) Appeals.  The General Assembly shall, by general law, provide a proper system of appeals: 
Provided, that appeals from Magistrates shall be heard de novo, with the right of trial by jury as
defined in this Constitution and the laws of this State.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 159 011.0 004.0 0 NC 1868 1962 ***

[Section 11 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 11 with numbered paragraphs.]

*** MEND ***
*** MSTART 160 011.1 004.0 0 NC 1868 1962 ***

"Sec. 11.  Forms of action; rules of procedure.

"(1) Forms of action.  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 in which there shall be a right to have issues of fact tried before a jury.  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.

[Effective November 6, 1962.

*** MEND ***
*** MSTART 161 011.2 004.0 0 NC 1868 1962 ***

"(2) Rules of procedure.  The Supreme Court shall have exclusive authority to make rules of
procedure and practice for the appellate division.  The General Assembly shall have authority to
make rules of procedure and practice for the Superior Court and District Court divisions, and the
General Assembly may delegate this authority to the Supreme Court.  No rule of procedure or
practice shall abridge substantive rights or abrogate or limit the right of trial by jury.  If the
General Assembly should delegate to the Supreme Court the rule-making power, the General
Assembly may, nevertheless, alter, amend, or repeal any rule of procedure or practice adopted by
the Supreme Court for the Superior Court or District Court divisions. 

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 162 012.0 004.0 0 NC 1868 1962 ***

"Sec. 12. Waiver of jury trial.  In all issues of fact joined in any court, the parties in any civil case
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.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 163 013.0 004.0 0 NC 1868 1962 ***

"Sec. 13.  Administration.  The General Assembly shall provide for an administrative office of
the courts to carry out the provisions of this Article.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 164 014.0 004.0 0 NC 1868 1962 ***

"Sec. 14. Term of office and election of Justices of Supreme Court and Judges of Superior Court. 
Justices of the Supreme Court and regular Judges of the Superior Court shall be elected by the
qualified voters and shall hold office for terms of eight years and until their successors are
elected and qualified.  Justices of the Supreme Court shall be elected by the qualified voters of
the State.  Regular Judges of the Superior Court may be elected by the qualified voters of the
State or by the voters of their respective districts, as the General Assembly may provide.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 165 015.0 004.0 0 NC 1868 1962 ***

[Section 15 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 15 with numbered paragraphs.]

*** MEND ***
*** MSTART 166 015.1 004.0 0 NC 1868 1962 ***

"Sec. 15.  Removal of judges and clerks.

"(1) Justices of Supreme Court and Judges of Superior Court.  Any Justice of the Supreme Court
or Judge of the Superior Court may be removed from office for mental or physical incapacity by
joint resolution of two-thirds of both houses of the General Assembly.  Any Justice or Judge
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.  Removal from office for any
other cause shall be by impeachment.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 167 015.2 004.0 0 NC 1868 1962 ***

"(2) District Judges and Magistrates.  The General Assembly shall provide by general law for the
removal of District Judges and Magistrates for misconduct or mental or physical incapacity.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 168 015.3 004.0 0 NC 1868 1962 ***

"(3) Clerks.  Any Clerk of the Superior Court may be removed from office for misconduct or
mental or physical incapacity by the senior regular resident Superior Court Judge serving the
county.  Any Clerk against whom proceedings are instituted shall receive written notice of the
charges against him at least ten days before the hearing upon the charges.  Clerks of District
Courts shall be removed for such causes and in such manner as the General Assembly may
provide by the general law.  Any clerk so removed from office shall be entitled to an appeal as
provided by law.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 169 016.0 004.0 0 NC 1868 1962 ***

[Section 16 of Article 4 was repealed effective November 6, 1962 and was replaced with a new
Section 16 with numbered paragraphs.]

*** MEND ***
*** MSTART 170 016.1 004.0 0 NC 1868 1962 ***

"Sec. 16. Solicitors and solicitorial districts.

"(1) Solicitors.  The General Assembly shall, from time to time, divide the State into a
convenient number of solicitorial districts, for each of which a Solicitor shall be chosen for a
term of four years by the qualified voters thereof, as is prescribed for members of the General
Assembly.  When the Attorney General determines that there is serious imbalance in the work
loads of the Solicitors, or that there is other good cause, he shall recommend redistricting to the
General Assembly.  The Solicitor shall advise the officers of justice in his district, be responsible
for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his
district, perform such duties related to appeals therefrom as the Attorney General may require,
and perform such other duties as the General Assembly may prescribe.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 171 016.2 004.0 0 NC 1868 1962 ***

"(2) Prosecution in the District Court division.  Criminal actions in the District Court division
shall be prosecuted in such manner as the General Assembly may prescribe by general law
uniformly applicable in every local court district of the State.

*** MEND ***
*** MSTART 172 017.0 004.0 0 NC 1868 1962 ***

"Sec. 17.  Vacancies.  Unless otherwise provided in this Article, all vacancies occurring in the
offices provided for by this Article shall be filled by appointment of the Governor, and the
appointees shall hold their places until the next election for members of the General Assembly
that is held more than thirty days after such vacancy occurs, when elections shall be held to fill
such offices:  Provided, that when the unexpired term of any of the offices named in this Article
of the Constitution in which such vacancy has occurred, and in which it is herein provided that
the Governor shall fill the vacancy, expires on the first day of January succeeding the next
election for members of the General Assembly, the Governor shall appoint to fill that vacancy for
the unexpired term of the office.  If any person elected or appointed to any of said offices shall
neglect and fail to qualify, such office 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.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 173 018.0 004.0 0 NC 1868 1962 ***

"Sec. 18.  Revenues and expenses of the judicial department.  The General Assembly shall
provide for the establishment of a schedule of court fees and costs which shall be uniform
throughout the State within each division of the General Court of Justice.  The operating
expenses of the judicial department, other than compensation to process servers and other locally
paid non-judicial officers, shall be paid from State funds.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 174 019.0 004.0 0 NC 1868 1962 ***

"Sec. 19.  Fees, salaries, and emoluments.  The General Assembly shall prescribe and regulate
the fees, salaries, and emoluments of all officers provided for in this Article; but the salaries of
judges shall not be diminished during their continuance in office.  In no case shall the
compensation of any judge or magistrate be dependent upon his decision or upon the collection
of costs.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 175 020.0 004.0 0 NC 1868 1962 ***

"Sec. 20. Effect of uniform general law requirement.  Where the General Assembly is required by
the provisions of this Article to enact only general laws uniformly applicable throughout the State
or in every county or local court district thereof, no special, public-local, or private law shall be
enacted relating to the subject-matter of those provisions, and every amendment or repeal of any
law relating to such subject-matter shall also be general and uniform in its application and effect
throughout the State.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 176 021.0 004.0 0 NC 1868 1962 ***

"Sec. 21.  Schedule.  Immediately upon the certification by the Governor to the Secretary of State
of the amendments constituting this Article, the Supreme Court and the Superior Courts shall be
incorporated within the General Court of Justice, as provided in this Article.  All Justices of the
Supreme Court and Judges of the Superior Court shall continue to serve as such thing in the
General Court of Justice for the remainder of their respective terms.

[Effective November 6, 1962.]

[Included in this amendment was an additional schedule for implementation of the amendment. 
It stated:

The statutes and rules governing procedure and practice in the Superior Courts and inferior
courts, in force at the time the amendments constituting this Article are ratified by the people,
shall continue in force until superseded or repealed by rules of procedure and practice adopted
pursuant to Section 11(2) of this Article.

"Upon certification of the Governor to the Secretary of State of the amendments constituting this
Article, the General Assembly shall proceed, as rapidly as practicable, to provide for the creation
of local court districts and the establishment to serve every county of the State by not later than
January 1, 1971, all previously existing courts inferior to the Superior Court shall cease to exist,
and cases pending in these courts shall be transferred as provided in the next succeeding
paragraph of this Section.  Until a District Court has been thus established to serve a county, all
of the courts of that county, including the Superior Court, shall continue to be financed and the
revenues of these courts shall continue to be paid as they were immediately prior to the
certification of the amendments constituting this Article; and the laws and rules governing these
courts and appeals from the inferior courts to the Superior Court shall continue in force and shall
be deemed to comply with the provisions of this Article.

"As soon as a District Court shall have been established for a county, all of the provisions of this
Article shall become fully effective with respect to the courts in that county, and all previously
existing courts inferior to the Superior Court shall cease to exist.  All cases pending in these
inferior courts shall be transferred to the appropriate division of the General Court of Justice, and
all records of these courts shall be transferred to the appropriate clerk's office pursuant to rule of
the Supreme Court.  Judges of these inferior courts, except mayors' courts and justice of the
peace courts, shall become District Judges and shall serve as such for remainders of their
respective terms.

"As soon as a District Court has been established to serve every county of the State, all of the
provisions of this Article shall become fully effective throughout the State."]

*** MEND ***
*** MSTART 177 037.0 001.0 0 NC 1868 1962 ***

Sec. 2.  The Constitution of North Carolina is amended by renumbering Article I, Section 37, as
Article I, Section 38, and by inserting in Article I an additional Section, to be designated Section
37, which shall follow immediately after Section 36, and which shall read as follows:

"Sec. 37.  Treason against the State.  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."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 178 038.0 001.0 0 NC 1868 1962 ***

SEC. 38. 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.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 179 029.0 002.0 0 NC 1868 1962 ***

Sec. 3.  The Constitution of North Carolina is amended by striking from Article II, Section 29
thereof the words "relating to the establishment of courts inferior to the Superior Court; relating
to the appointment of justices of the peace;" which follow immediately the word "resolution" in
Section 29.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 180 005.0 007.0 0 NC 1868 1962 ***

Sec. 4.  The Constitution of North Carolina is amended by striking out Section 5 of Article VII,
and by inserting a new Section 5 to read as follows:

"Sec. 5. Sheriffs.  In each county a Sheriff shall be elected by the qualified voters thereof as is
prescribed for members of the General Assembly, and shall hold his office for a period of four
years.  In case of a vacancy existing for any cause in any Sheriff's office, the governing authority
of the county shall fill such vacancy by appointment for the unexpired term."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 181 006.0 007.0 0 NC 1868 1962 ***

Sec. 6.  No debt or loan except by a majority of votes.  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
approved by a majority of those who shall vote thereon in any election held for such purpose."

[Effective November 6, 1962. This might be section 8, but it doesn't appear to be.]

*** MEND ***
*** MSTART 182 007.0 007.0 0 NC 1868 1962 ***

SEC. 7. No money shall be drawn from any county or township treasury except by authority of
law.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 183 008.0 007.0 0 NC 1868 1962 ***

SEC. 8. All charters, ordinances, and provisions relating to municipal corporations shall remain
in force until legally changed, unless inconsistent with the provisions of this constitution.

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 184 009.0 007.0 0 NC 1868 1962 ***

SEC. 9. No county, city, town, or other municipal corporation shall assume or 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. 

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 185 010.0 007.0 0 NC 1868 1962 ***

"Sec. 10.  Powers of General Assembly over municipal corporations.  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 5, 6, 7, and 9."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 186 011.0 007.0 0 NC 1868 1962 ***

Sec. 5.  The Constitution of North Carolina is amended by striking out Sections 6, 9, and 10 of
Article VII, and renumbering the succeeding Sections of Article VII appropriately.

[This amendment made the text of Section 11 the new text of Section 8, effective November 6,
1962.]

*** MEND ***
*** MSTART 187 012.0 007.0 0 NC 1868 1962 ***

Sec. 5.  The Constitution of North Carolina is amended by striking out Sections 6, 9, and 10 of
Article VII, and renumbering the succeeding Sections of Article VII appropriately.

[This amendment made the text of Section 12 the new text of Section 9, effective November 6,
1962.]

*** MEND ***
*** MSTART 188 013.0 007.0 0 NC 1868 1962 ***

Sec. 5.  The Constitution of North Carolina is amended by striking out Sections 6, 9, and 10 of
Article VII, and renumbering the succeeding Sections of Article VII appropriately.

[This amendment repealed Section 13 of Article 7 effective November 6, 1962.]

*** MEND ***
*** MSTART 189 007.0 014.0 0 NC 1868 1962 ***

Sec. 7.  The Constitution of North Carolina is amended by rewriting Article XIV, Section 7,
thereof to read as follows:

"Sec. 7.  Dual office-holding.  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, notaries public, commissioners of
public charities, or commissioners for special purposes."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 190 005.0 002.0 0 NC 1868 1962 ***

Section 1.  The Constitution of the State of North Carolina is amended by striking out Section 5
of Article II of said Constitution and by rewriting and inserting in lieu thereof the following:

"Sec. 5.  Regulations in relation to apportionment of Representatives.  The House of
Representatives shall be composed of 120 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 Speaker of the House
of Representatives at the first regular Session of the General Assembly convening after the return
of every enumeration by order of Congress.  The formula set out in Section 6 of this Article shall
be applied by the Speaker and the new apportionment entered on the Journal of the House of
Representatives on or before the 60th calendar day of the Session.  When so entered, the new
apportionment shall have the same force and effect as an Act of the General Assembly, and shall
become effective at the next election for members of the General Assembly."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 191 020.0 002.0 0 NC 1868 1962 ***

Section 1.  Article II of the Constitution of North Carolina is hereby amended by rewriting
Section 20 thereof to read as follows:

"Sec. 20.  Other senatorial officers.  The Senate shall elect from its membership a President Pro
Tempore, who shall become President of the Senate upon the failure of the
Lieutenant-Governor-elect to qualify, or upon succession by the Lieutenant-Governor to the
office of Governor, or upon the death, resignation, or removal from office of the President of the
Senate, and who shall serve until the expiration of his term of office as Senator.

"During the physical or mental incapacity of the President of the Senate to perform the duties of
his office, or during the absence of the President of the Senate, the President Pro Tempore shall
preside over the Senate.  The Senate shall elect its other officers."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 192 002.0 003.0 0 NC 1868 1962 ***

Sec. 2.  Article III of the Constitution of North Carolina is hereby amended by rewriting Section
2 thereof to read as follows:

"Sec. 2.  Qualifications of Governor and Lieutenant-Governor.  No person shall be eligible for
election to the office of Governor or Lieutenant-Governor, unless he shall have attained the age
of 30 years, shall have been a citizen of the United State five years, and shall have been a resident
of this State for two years next before the election; nor shall a person elected to either of these
two offices be eligible for election for the next succeeding term of the same office."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 193 012.0 003.0 0 NC 1868 1962 ***

Sec. 3. Article III of the Constitution of North Carolina is hereby amended by rewriting Section
12 thereof to read as follows:

"Sec. 12. Succession to office of Governor.  The Lieutenant-Governor-elect shall become
Governor upon the failure of the Governor-elect to qualify.  The Lieutenant-Governor shall
become Governor upon the death, resignation, or removal from office of the Governor.  The
further order of succession to the office of Governor shall be prescribed by law.  A successor
shall serve for the remainder of the term of the Governor whom he succeeds and until a new
Governor is elected and qualified. 

"During the absence of the Governor from the State, or during the physical or mental incapacity
of the Governor to perform the duties of his office, the Lieutenant-Governor shall be Acting
Governor.  The further order of succession as Acting Governor shall be prescribed by law.

"The Governor may, by a written statement filed with the Secretary of State, declare that he is
physically incapable of performing the duties of his office, and may thereafter in the same
manner declare that he is physically capable of performing the duties of his office.

"The mental incapacity of the Governor to perform the duties of his office shall be determined
only by joint resolution adopted by a vote of two-thirds of all the members of each house of the
General Assembly.  Thereafter, the mental capacity of the Governor to perform the duties of his
office shall be determined only by joint resolution adopted by a vote of a majority of all the
members of each house of the General Assembly.  In all cases, the General Assembly shall give
the Governor such notice as it may deem proper and shall allow him an opportunity to be heard
before a Joint Session of the General Assembly before it takes final action.  When the General
Assembly is not in Session, the Council of State, a majority of its members concurring, may
convene it in Extra Session for the purpose of proceeding under this paragraph.

"Removal of the Governor from office for any other cause shall be by impeachment."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 194 013.0 003.0 0 NC 1868 1962 ***

Sec. 4. Article III of the Constitution of North Carolina is hereby amended by rewriting Section
13 thereof to read as follows:

"Sec. 13. Duties of other executive officers.  The respective duties of the Secretary of State,
Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of
Agriculture, Commissioner of Labor, and Commissioner of Insurance shall be prescribed by law. 
If the office of any of these officers shall be vacated by death, resignation, or otherwise, it shall
be the duty of the Governor to appoint another to serve until his successor be elected and
qualified.  Every such vacancy shall be filled by election at the first election for members of the
General Assembly that occurs more than 30 days after the vacancy has taken place, and the
person chosen shall hold the office for the remainder of the unexpired term fixed in the first
Section of this Article:  Provided, that when a vacancy occurs in the office of any of the officers
named in this Section and the term expires on the first day of January succeeding the next
election for members of the General Assembly, the Governor shall appoint to fill the vacancy for
the unexpired term of the office.

"Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes
stated in the preceding paragraph, the Governor may appoint an acting officer to perform the
duties of that office until a person is appointed or elected pursuant to this Section to fill the
vacancy and is qualified.

"During the physical or mental incapacity of any one of these officers to perform the duties of his
office, as determined pursuant to the provisions of this Section, the duties of his office shall be
performed by an acting officer who shall be appointed by the Governor. 

"The General Assembly shall by law prescribe with respect to those officers, other than the
Governor, whose offices are created by this Article, procedures for determining the physical or
mental incapacity of any officer to perform the duties of his office, and for determining whether
an officer who has been temporarily incapacitated has sufficiently recovered his physical or
mental capacity to perform the duties of his office.  Removal of those officers from office for any
other cause shall be by impeachment."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 195 006.0 014.0 0 NC 1868 1962 ***

Sec. 5. Article XIV of the Constitution of North Carolina is hereby amended by rewriting Section
6 thereof to read as follows:

"Sec. 6.  Seat of Government.  The permanent seat of Government in this State shall be at the
City of Raleigh."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 196 002.0 006.0 0 NC 1868 1962 ***

Section 1.  Article VI, Section 2, of the Constitution of the State of North Carolina is hereby
amended by adding the following sentence at the end of said Section:

"The General Assembly may, however, reduce the time of residence, preceding a Presidential
Election, for a person possessing all other qualifications of a voter, in which such person shall be
entitled to vote for the choice of electors for President and Vice President of the United States
only.  Any person eligible to vote for electors for President and Vice President of the United
States by reason of a reduction in time of residence shall not thereby become eligible to hold
office in this State."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 197 015.0 003.0 0 NC 1868 1962 ***

Section 1.  Section 15 of Article III of the North Carolina Constitution is rewritten to read as
follows:

"Sec. 15.  Compensation of Executive Officers.  The officers mentioned in this Article shall, at
stated periods, receive for their services a compensation to be established by the General
Assembly, which shall not be diminished during the time for which they shall have been elected."

[Effective November 6, 1962.]

*** MEND ***

*** MSTART 198 003.0 005.0 0 NC 1868 1962 ***

Section 1.  The first three sentences of Section 3 of Article V of the Constitution of North
Carolina are hereby deleted and the following is inserted in lieu thereof:

"The power of taxation shall be exercised in a just and equitable manner, for public purposes
only, and shall never be surrendered, suspended, or contracted away.  Only the General Assembly
shall have the power to classify property and other subjects for taxation, which power shall be
exercised only on a State-wide basis.  No class or subject shall be taxed except by uniform rule,
and every classification shall be uniformly applicable in every county, municipality, and other
local taxing unit of the State.  The General Assembly's power to classify shall not be delegated,
except that the General Assembly may permit the governing boards of counties, cities, and towns
to classify trades and professions for local license tax purposes."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 199 005.0 005.0 0 NC 1868 1962 ***

Sec. 2.  Section 5 of Article V of the Constitution of North Carolina is hereby rewritten to read as
follows:

"Property belonging to the State, counties and municipal corporations shall be exempt from
taxation.  The General Assembly may exempt cemeteries and property held for educational,
scientific, literary, cultural, charitable, or religious purposes, and, to a value not exceeding three
hundred dollars ($300.0), any personal property.  The General Assembly may exempt from
taxation not exceeding one thousand dollars ($1,000.0) in value of property held and used as the
place of residence of the owner.  Every exemption shall be on a State-wide basis and shall be
uniformly applicable in every county, municipality, and other local taxing unit of the State.  No
taxing authority other than the General Assembly may grant exemptions, and the General
Assembly shall not delegate the powers accorded to it by this Section."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 200 006.0 010.0 0 NC 1868 1964 ***

Section 1.  Article X, Section 6 of the Constitution of North Carolina, as it related to the right of
a married woman to transfer her separate property by deed and by will and to exercise powers of
attorney conferred upon her by her husband, is hereby amended by striking the last sixteen words
of the first sentence thereof together with the comma preceding them, which words read as
follows:  ", and, with the written assent of her husband, conveyed by her as if she were
unmarried," and inserting in lieu thereof the following:  "and conveyed by her subject to such
regulations and limitations as the General Assembly may prescribe"; and by striking the words
"by her or" from the second sentence thereof; so that the said Article X, Section 6 as amended,
shall read:  "The real and personal property of any female in this State acquired before 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 conveyed by her subject to such regulations and
limitations as the General Assembly may prescribe.  Every married woman may exercise powers
of attorney conferred upon her by her husband, including the power to execute and acknowledge
deeds to property owned by herself and her husband or by her husband."

[Effective November 6, 1962.]

*** MEND ***
*** MSTART 201 005.0 004.0 0 NC 1868 1964 ***

Section 1.  Article IV of the Constitution of North Carolina is amended as follows:

(a) Section 5 is rewritten to read as follows:

"Sec. 5.  Appellate Division.  The Appellate Division of the General Court of Justice shall
consist of the Supreme Court and, when established by the General Assembly, an intermediate
Court of Appeals."

[Effective January 1, 1964.]

*** MEND ***
*** MSTART 202 006.A 004.0 0 NC 1868 1965 ***

(b) Immediately after Section 6, and before Section 7, a new "Section 6A" is inserted, to read as
follows:

"Sec. 6A.  Court of Appeals.  The structure, organization, and composition of the Court of
Appeals, if established, shall be determined by the General Assembly.  The Court shall have not
less than five members, and may be authorized to sit in divisions, or other than en banc.  Sessions
of the Court shall be held at such times and places as the General Assembly may prescribe.  The
General Assembly may provide for the retirement of members of the Court of Appeals and for
the recall of such retired members to serve on that Court in lieu of any active member thereof
who is, for any cause, temporarily incapacitated."

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 203 010.2 004.0 0 NC 1868 1965 ***

(c) In Section 10, immediately after subsection (1) and before subsection (2), a new subsection
"(2)" is inserted, to read as follows:

(2) Court of Appeals.  The Court of Appeals, if established, shall have such appellate jurisdiction
as the General Assembly may provide.", 

and the present subsections (2) through (5) are renumbered "(3)" through "(6)" respectively.

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 204 010.3 004.0 0 NC 1868 1965 ***

"(3) Superior Court.  Except as otherwise provided by the General Assembly, the Superior Court
shall have original general jurisdiction throughout the State.  The Clerks of the Superior Court
shall have such jurisdiction and powers as the General Assembly shall provide by general law
uniformly applicable in every county of the State.

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 205 010.4 004.0 0 NC 1868 1965 ***

"(4) District Courts; Magistrates.  The General Assembly shall, by general law uniformly
applicable in every local court district of the State, prescribe the jurisdiction and powers of the
District Courts and Magistrates.

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 206 010.5 004.0 0 NC 1868 1965 ***

"(5) Waiver.  The General Assembly may be general law provide that the jurisdictional limits
may be waived in civil cases.

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 207 010.6 004.0 0 NC 1868 1965 ***

"(6) Appeals.  The General Assembly shall, by general law, provide a proper system of appeals: 
Provided, that appeals from Magistrates shall be heard de novo, with the right of trial by jury as
defined in this Constitution and the laws of this State.

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 208 014.0 004.0 0 NC 1868 1965 ***

(d) Section 14 is rewritten to read as follows:

"Sec. 14. Terms of Office and Election of Justices of the Supreme Court, Judges of the Court of
Appeals, and Judges of the Superior Court.  Justices of the Supreme Court, Judges of the Court
of Appeals, and regular judges of the Superior Court shall be elected by the qualified voters and
shall hold office for terms of eight years and until their successors are elected and qualified. 
Justices of the Supreme Court and judges of the Court of Appeals shall be elected by the
qualified voters of the State.  Regular Judges of the Superior Court may be elected by the
qualified voters of the State or by the voters of their respective districts, as the General Assembly
may provide."

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 209 015.1 004.0 0 NC 1868 1965 ***

(e) The caption and first sentence of subsection (1) of Section 15 is rewritten to read as follows:

"Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of Superior Court. 
Any Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court
may be removed from office for mental or physical incapacity by Joint Resolution of two-thirds
of both houses of the General Assembly."

[Effective November 2, 1965.]

*** MEND ***
*** MSTART 210 028.0 002.0 0 NC 1868 1968 ***

"Sec. 28. Compensation of Members and Officers of the General Assembly.  The members and
officers of the General Assembly shall receive for their services a compensation to be established
by the General Assembly.  An increase in the compensation of members shall become effective
at the beginning of the next regular Session of the General Assembly."

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 211 004.0 002.0 0 NC 1868 1968 ***

[Section 4 of Article 2 was repealed effective November 5, 1968 and was replaced with a new
Section 4 with numbered paragraphs.]

*** MEND ***
*** MSTART 212 004.1 002.0 0 NC 1868 1968 ***

Section 1.  Article II of the Constitution of North Carolina is amended by rewriting Section 4
thereof to read as follows:

"Sec. 4.  Senate Districts; Apportionment of Senators.  The Senators shall be elected from
districts.  The General Assembly shall, at the first regular Session convening after the return of
every decennial enumeration taken by order of Congress, revise the Senate Districts and the
apportionment of Senators among those districts, subject to the following requirements:

"(1) Each Senator shall represent, as nearly as may be, an equal number of inhabitants, the
number of inhabitants which each Senator represents being determined for this purpose by
dividing the population of the district he represents by the number of Senators apportioned to that
district;

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 213 004.2 002.0 0 NC 1868 1968 ***

"(2) Each Senate District shall at times consist of contiguous territory;

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 214 004.3 002.0 0 NC 1868 1968 ***

"(3) No county shall be divided in the formation of a Senate District;

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 215 004.4 002.0 0 NC 1868 1968 ***

"(4) When established, the Senate Districts and the apportionment of Senators shall remain
unaltered until the return of another decennial enumeration taken by order of Congress.

"The duty imposed upon the General Assembly by this Section shall continue until performed."

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 216 005.0 002.0 0 NC 1868 1968 ***

Sec. 2.  Article II of the Constitution of North Carolina is amended by rewriting Section 5 thereof
to read as follows:

"Sec. 5.  Number of Representatives.  The House of Representatives shall be composed of 120
Representatives, biennially chosen by ballot."

[Effective November 5, 1968.] 

*** MEND ***
*** MSTART 217 006.0 002.0 0 NC 1868 1968 ***

[Section 6 of Article 2 was repealed effective November 5, 1968 and was replaced with a new
Section 6 with numbered paragraphs.]

*** MEND ***
*** MSTART 218 006.1 002.0 0 NC 1868 1968 ***

Sec. 3.  Article II of the Constitution of North Carolina is amended by rewriting Section 6 thereof
to read as follows:

"Sec. 6.  Representative Districts; Apportionment of Representatives.  The Representatives shall
be elected from districts.  The General Assembly shall, at the first regular Session convening
after the return of every decennial enumeration taken by order of Congress, revise the
Representative Districts and the apportionment of Representatives among those districts, subject
to the following requirements:

"(1) Each Representative shall represent, as nearly as may be, an equal number of inhabitants, the
number of inhabitants which each Representative represents being determined for this purpose by
dividing the population of the district he represents by the number of Representatives
apportioned to that district;

[Effective November 5, 1968.] 

*** MEND ***
*** MSTART 219 006.2 002.0 0 NC 1868 1968 ***

"(2) Each Representative District shall at all times consist of contiguous territory;

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 220 006.3 002.0 0 NC 1868 1968 ***

"(3) No county shall be divided in the formation of a Representative District;

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 221 006.4 002.0 0 NC 1868 1968 ***

"(4) When established, the Representative Districts and the apportionment of Representatives
shall remain unaltered until the return of another decennial enumeration taken by order of
Congress.

"The duty imposed upon the General Assembly by this Section shall continue until performed."

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 222 013.0 002.0 0 NC 1868 1968 ***

Sec. 4.  Article II of the Constitution of North Carolina is amended by rewriting Section 13
thereof to read as follows:

"Sec. 13.  Vacancies.  Every vacancy occurring in the membership of the General Assembly by
reason of death, resignation, or other cause shall be filled in the manner prescribed by law."

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 223 008.0 002.0 0 NC 1868 1968 ***

Sec. 5.  Article II of the Constitution of North Carolina is amended by striking from Section 8
thereof the word "county" and inserting in lieu thereof the word "district".

[Effective November 5, 1968.]

*** MEND ***
*** MSTART 224 027.0 002.0 0 NC 1868 1968 ***

Sec. 6.  Article II of the Constitution of North Carolina is amended by striking from Section 27
thereof the words "and counties," as they appear in the first sentence of that Section.

[Effective November 5, 1968.]

[In June and July of 1969, the North Carolina legislature rewrote the North Carolina Constitution
(along with amendments to the same Constitution) in order to submit it to the electors of North
Carolina for a vote. In November of 1970 the new constitution and the amendments all were
passed.  The new constitution went into effect on July 1, 1971. The Constitution as presented in
1971 is a representation of the Constitution with the amendments that were passed with it.  
These amendments can be found in the 1969 North Carolina state session laws in Chapter 1270,
Chapter 826, Chapter 872, Chapter 932, and Chapter 1199. ]

*** MEND ***
*** CEND ***