County school fund. Proviso. Election of trustees, and provisions for maintenance of the University. Benefits of the Board of education. President and secretary. Powers of board. 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 the State, and not otherwise appropriated by the State, or by the terms 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. SEC. 5. All moneys, stocks, bonds, and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; 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 this State: Provided, that the amount collected in each county shall be annually reported to the Superintendent of Public Instruction. SEC. 6. 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 thereof in any wise 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. SEC. 7. 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. SEC. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, and Attorney-General shall constitute a State Board of Education. SEC. 9. The Governor shall be president, and the Superintendent of Public Instruction shall be secretary of the Board of Education. SEC. 10. 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 rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said board may be altered, amended or repealed by the General Assembly, and when so altered, amended or re pealed they shall not be reënacted by the board. SEC. 11. The first session of the Board of Education shall be First session of board. held at the capitol of the State, within fifteen days after the organization of the State government under this Constitution; the time of future meetings may be determined by the board. SEC. 12. A majority of the board shall constitute a quorum for Quorum. the transaction of business. SEC. 13. The contingent expenses of the board shall be provided Expenses. by the General Assembly. SEC. 14. As soon as practicable after the adoption of this Con- Agricultural stitution the General Assembly shall establish and maintain, in department. connection with the University, a department of agriculture, of mechanics, of mining, and of normal instruction. attend school. SEC. 15. The General Assembly is hereby empowered to enact Children must that 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. ARTICLE X. HOMESTEADS AND EXEMPTIONS. SECTION 1. The personal property of any resident of this State, Exemption. 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. SEC. 2. Every homestead, and the dwellings and buildings Homestead. 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 exempt 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. SEC. 3. The homestead, after the death of the owner thereof, Homestead exempted from shall be exempt from the payment of any debt during the minority debt. of his children, or any one of them. SEC. 4. The provisions of sections one and two of this article Laborer's lien. shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemptions, or a mechanie's lien for work done on the premises. SEC. 5. If the owner of a homestead die, leaving a widow but Benefit of widow. 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. 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 and bequeathed, and, with the written assent of her husband, conveyed by her as if she were unmarried. 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 to the guardian, if under age, for her, or their own use, free from all the claims of the representatives of her husband, or any of his creditors. 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. ARTICLE XI. PUNISHMENTS, PENAL INSTITUTIONS, AND PUBLIC CHARITIES. 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 under this State. 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 officer of this State. SEC. 2. The object 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. 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. 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. SEC. 5. A house or houses of refuge may be established when- Houses of refuge. ever the public interest may require it, for the correction and instruction of other classes of offenders. SEC. 6. It shall be required, by competent legislation, that the The sexes to be separated. 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. SEC. 7. Beneficent provision for the poor, the unfortunate and Provisions for the poor and orphans. 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 entrusted 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. SEC. 8. There shall also, as soon as practicable, be measures Orphan houses. 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. SEC. 9. It shall be the duty of the Legislature, as soon as prac- Inebriates and idiots. ticable, to devise means for the education of idiots and inebriates. SEC. 10. The General Assembly may provide that the indigent Deaf-mutes, blind and insane. deaf mute, blind and insane of the State shall be cared for at the charge of the State. SEC. 11. It shall be steadily kept in view by the Legislature Self-supporting. 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. ARTICLE XII. MILITIA. SECTION 1. All able-bodied male citizens of the State of North Who are liable to militia duty. Carolina, between the ages of twenty-one and forty years, who are citizens of the United States, shall be liable to duty in the SEC. 2. The General Assembly shall provide for the organizing, Organizing, etc. arming, equipping and discipline of the militia, and for paying the same, when called into active service. mander-in-chief. SEC. 3. The Governor shall be commander-in-chief, and shall Governor comhave power to call out the militia to execute the law, suppress riots or insurrection, and to repel invasion. SEC. 4. The General Assembly shall have power to make such Exemptions. exemptions as may be deemed necessary, and to enact laws that may be expedient for the government of the militia. Convention, how called. How the Constitution may be altered. Indictments. Penalty for fighting duel. Drawing money. Mechanic's lien. Governor to make appointments. Seat of government. ARTICLE XIII. AMENDMENTS. 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. SEC. 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 the 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. ARTICLE XIV. MISCELLANEOUS. SECTION 1. All indictments which shall have been found, or may hereafter be found, for any crime or offense 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. 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 the State to fight a duel, shall hold any office in this State. 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. 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. SEC. 5. In the absence of any contrary provision, all officers of 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. SEC. 6. The seat of government in this State shall remain at the city of Raleigh. |