Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled Part 6

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 a.s.sembly, the following officers: A treasurer, register of deeds, surveyor, and five commissioners.

[Sidenote: Duty of county commissioners.]

SEC. 2. It shall be the duty of the commissioners to exercise a general supervision and control of the penal and charitable inst.i.tutions, 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.

[Sidenote: Counties to be divided into districts.]

SEC. 3. It shall be the duty of the commissioners first elected in each county to divide the same into convenient districts, and to report the same to the General a.s.sembly before the first day of January, 1869.

[Sidenote: Said districts shall have corporate powers as towns.h.i.+ps.]

SEC. 4. Upon the approval of the reports provided for in the foregoing section by the General a.s.sembly, the said districts shall have corporate powers for the necessary purposes of local government, and shall be known as towns.h.i.+ps.

[Sidenote: Officers of towns.h.i.+ps.]

SEC. 5. In each towns.h.i.+p there shall be biennially elected by the qualified voters thereof a clerk and two justices of the peace, who shall const.i.tute 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 towns.h.i.+ps, as may be prescribed by law. The General a.s.sembly may provide for the election of a larger number of the Justices of the Peace in cities and towns and in those towns.h.i.+ps in which cities and towns are situated. In every towns.h.i.+p there shall also be biennially elected a school committee, consisting of three persons, whose duties shall be prescribed by law.

[Sidenote: Trustees shall a.s.sess property.]

Sec. 6. THE TOWNs.h.i.+P BOARD OF TRUSTEES SHALL a.s.sESS THE TAXABLE property of their towns.h.i.+ps and make returns to the county commissioners for revision, as may be prescribed by law. The clerk shall be, _ex officio_, treasurer of the towns.h.i.+p.

[Sidenote: No debt or loan except by a majority of voters.]

SEC. 7. No county, city, town or other munic.i.p.al 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 the majority of the qualified voters therein.

[Sidenote: Drawing of money.]

SEC. 8. No money shall be drawn from any county or towns.h.i.+p treasury except by authority of law.

[Sidenote: Taxes to be ad valorem.]

SEC. 9. All taxes levied by any county, city, town or towns.h.i.+p shall be uniform and _ad valorem_ upon all property in the same, except property exempted by this Const.i.tution.

[Sidenote: When officers enter on duty.]

SEC. 10. The county officers first elected under the provisions of this article shall enter upon their duties ten days after the approval of this Const.i.tution by the Congress of the United States.

[Sidenote: Governor to appoint justices.]

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

[Sidenote: Charters to remain in force until legally changed.]

SEC. 12. All charters, ordinances and provisions relating to munic.i.p.al corporations shall remain in force until legally changed, unless inconsistent with the provisions of this Const.i.tution.

[Sidenote: Debts in aid of the rebellion not to be paid.]

SEC. 13. No county, city, town or other munic.i.p.al corporation shall a.s.sume to 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.

[Sidenote: Powers of General a.s.sembly over munic.i.p.al corporations.]

SEC. 14. The General a.s.sembly shall have full power by statute to modify, change or abrogate any and all of the provisions of this article and subst.i.tute others in their place, except sections seven, nine, and thirteen.

ARTICLE VIII.

CORPORATIONS OTHER THAN MUNIc.i.p.aL.

[Sidenote: Corporations under general laws.]

SECTION 1. Corporations may be formed under general laws, but shall not be created by special act except for munic.i.p.al purposes and in cases where, in the judgment of the Legislature, the object of the corporation can not be attained under general laws. All general laws and special acts pa.s.sed pursuant to this section may be altered from time to time or repealed.

[Sidenote: Debts of corporations, how secured.]

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

[Sidenote: What corporations shall include.]

SEC. 3. The term corporation, as used in this article, shall be construed to include all a.s.sociations and joint stock companies having any of the powers and privileges of corporations not possessed by individuals or partners.h.i.+ps. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons.

[Sidenote: Legislature to provide for organising cities, towns, etc.]

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, a.s.sessment, borrowing money, contracting debts and loaning their credit, so as to prevent abuses in a.s.sessment and in contracting debts by such munic.i.p.al corporations.

ARTICLE IX.

EDUCATION.

[Sidenote: Education shall be encouraged.]

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

[Sidenote: General a.s.sembly shall provide for schools.]

[Sidenote: Separation of the races.]

SEC. 2. The General a.s.sembly, at its first session under this Const.i.tution, 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. 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 in favor of or to the prejudice of either race.

[Sidenote: Counties to be divided into districts.]

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.

[Sidenote: What property shall be devoted to educational purposes.]

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 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 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 establis.h.i.+ng and maintaining in this State a system of free public schools, and for no other uses or purposes whatsoever.

[Sidenote: County school fund.]