Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled Part 7

[Sidenote: Proviso.]

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 establis.h.i.+ng 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.

[Sidenote: Election of trustees and provisions for maintenance of the university.]

SEC. 6. The General a.s.sembly 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 anywise granted to or conferred upon the trustees of said University, and the General a.s.sembly 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.

[Sidenote: Benefits of the university.]

SEC. 7. The General a.s.sembly 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.

[Sidenote: Board of education.]

SEC. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, and Attorney-General shall const.i.tute a State Board of Education.

[Sidenote: President and secretary.]

SEC. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education.

[Sidenote: Power of board.]

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 a.s.sembly, and when so altered, amended or repealed the time of future meetings may be determined by the board.

[Sidenote: First session of board.]

SEC. 11. 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 Const.i.tution; the time of future meetings may be determined by the board.

[Sidenote: Quorum.]

SEC. 12. A majority of the board shall const.i.tute a quorum for the transaction of business.

[Sidenote: Expenses.]

SEC. 13. The contingent expenses of the board shall be provided by the General a.s.sembly.

[Sidenote: Agricultural department.]

SEC. 14. As soon as practicable after the adoption of this Const.i.tution the General a.s.sembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining, and of normal instruction.

[Sidenote: Children must attend school.]

SEC. 15. The General a.s.sembly is hereby empowered to enact 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.

[Sidenote: Exemption.]

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.

[Sidenote: Homestead.]

SEC. 2. Every homestead, and the dwellings 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 or village, with the dwellings 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.

[Sidenote: Homestead exempted from debt.]

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.

[Sidenote: Laborer's lien.]

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.

[Sidenote: Benefit of widow.]

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.

[Sidenote: Property of a married female secured to her.]

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 ent.i.tled, 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 a.s.sent of her husband, conveyed by her as if she were unmarried.

[Sidenote: Husband may insure his life for the benefit of wife and children.]

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.

[Sidenote: How deed for homestead may be made.]

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 a.s.sent of his wife, signified on her private examination according to law.

ARTICLE XI.

PUNISHMENTS, PENAL INSt.i.tUTIONS AND PUBLIC CHARITIES.

[Sidenote: Punishments.]

[Sidenote: Convict labor.]

[Sidenote: Proviso.]

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 the State.

[Sidenote: Death punishment.]

SEC. 2. The object of punishment 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 a.s.sembly shall so enact.

[Sidenote: Penitentiary.]