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
offense, 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.
[Sidenote: Division of Judicial powers.]
SEC. 2. 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.
[Sidenote: Trial court of impeachment.]
SEC. 3. 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.
[Sidenote: Impeachment.]
SEC. 4. 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.
[Sidenote: Treason against the State.]
SEC. 5. 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.
[Sidenote: Supreme court justices.]
SEC. 6. The Supreme Court shall consist of a Chief Justice and four
Associate Justices.
[Sidenote: Terms of the supreme court.]
SEC. 7. The terms of the Supreme Court shall be held in the city of
Raleigh, as now, unless otherwise provided by the General Assembly.
[Sidenote: Jurisdiction of supreme court.]
SEC. 8. The Supreme Court shall have jurisdiction to review, upon
appeal, any decision of the courts below, upon any matter of law or
legal inference. 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.
[Sidenote: Claims against the State.]
SEC. 9. 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.
[Sidenote: Judicial districts for superior courts.]
SEC. 10. 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.
[Sidenote: Residences of judges, rotation in judicial districts, and
special terms.]
SEC. 11. 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 be
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 the said district.
[Sidenote: Jurisdiction of courts inferior to supreme court.]
SEC. 12. 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; but the
General Assembly shall allot and distribute that portion of this power
and jurisdiction which does not pertain to the Supreme Court, among
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
proceedings in 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.
[Sidenote: In case of waiver of trial by jury.]
SEC. 13. In all issues of fact, joined in any court, the parties 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.
[Sidenote: Special courts in cities.]
SEC. 14. 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.
[Sidenote: Clerk of supreme court.]
SEC. 15. The Clerk of the Supreme Court shall be appointed by the Court,
and shall hold his office for eight years.
[Sidenote: Election of superior court clerk.]
SEC. 16. 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.
[Sidenote: Term of office.]
SEC. 17. Clerks of the Superior Courts shall hold their offices for four
years.
[Sidenote: Fees, salaries and emoluments.]
SEC. 18. 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.
[Sidenote: What laws are and shall be in force.]
SEC. 19. The laws of North Carolina, not repugnant to this Constitution
or the Constitution and laws of the United States, shall be in force
until lawfully altered.
[Sidenote: Disposition of actions at law and suits in equity, pending
when this Constitution shall go into effect, etc.]
SEC. 20. 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.
[Sidenote: Justices supreme court, election of.]
SEC. 21. 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, 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 Superior 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.
[Sidenote: Transaction of business in the superior court.]
SEC. 22. 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.
[Sidenote: Solicitors for each judicial district.]
SEC. 23. 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.
[Sidenote: Sheriffs and coroners.]
SEC. 24. 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 hold his office for 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.
[Sidenote: Vacancies.]
SEC. 25. 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, 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 offices 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.
[Sidenote: Terms of office of first officers under this article.]
SEC. 26. 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.
[Sidenote: Jurisdiction of justices of the peace.]
SEC. 27. 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 can not 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 same with the clerk of the Superior Court for his
county.
[Sidenote: Vacancies in office of justices.]
SEC. 28. 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.
[Sidenote: Vacancies in office of superior court clerk.]
SEC. 29. 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 county shall appoint to fill the vacancy until an election
can be regularly held.
[Sidenote: Officers of other courts inferior to supreme court.]
SEC. 30. In case the General Assembly shall establish other courts
inferior to the 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.
[Sidenote: Removal of judges of the various courts for inability.]
SEC. 31. 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.
[Sidenote: Removal of clerks of the various courts for inability.]
SEC. 32. 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 Court, 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 thence to the Supreme Court
as provided in other cases of appeals.
[Sidenote: Amendments not to vacate existing offices.]
SEC. 33. 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.
ARTICLE V.
REVENUE AND TAXATION.
[Sidenote: Capitation tax.]
[Sidenote: Exemptions.]