Page:The Federal and state constitutions v5.djvu/283

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North Carolina—1868
2809

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 president of the senate to administer the government, the secretary of state shall convene the senate, that they may elect such president.

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.

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.

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.

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.

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.

Article IV

judicial department

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,