PUBLIC LAWS

State of North Carolina,

SESSION 1897.

CHAPTER 1.

"An act to provide for counting the vote for officers of the Executive Departments and their induction into office, and to carry out the provisions of Article 3 of the Constitution."

WHEREAS, Article III, Sec. 1 of the Constitution, provides Preamble. that the terms of the officers of the Executive Departments shall commence on the first day of January, next after their election; and, Whereas, Article III, Sec. 3 of the Constitution provides the returns of the votes of the said officers, of the Executive Departments, shall be sealed up and transmitted to the Speaker of the House of Representatives, who shall open and publish the same in the presence of a majority of the members of the General Assembly, now, therefore;

The General Assembly of North Carolina do enact:

Vote for Execuopened and published on first convening of

tive officers to be

Tuesday after

General

I. That on the first Tuesday, after the convening of the General Assembly, following the election of any or all State officers, of the Executive Departments, there shall be a joint session of the House of Representatives and Senate in the Hall of the House of Representatives, at 11 o'clock in the forenoon, when Assembly. and where the Speaker of the House of Representatives shall proceed, in compliance with the provisions of the Constitution, to open and publish the vote for Governor and other officers of the Executive Departments, cast at the last preceding election.

Governor (if present) to take oath of office at once.

If not present, to take oath when he may deem proper.

II. That as soon as the result of the election held as aforesaid, shall be ascertained and published as provided in Sec. 1 of this act, the Governor elected at said election shall in the presence of the joint session, of the two Houses of the General Assembly, held as herein provided, if he be present) take the oath of office prescribed by law and be immediately inducted into the office of Governor.

Should the Governor-elect not be present at said joint session, then he may as soon thereafter as he may deem proper, take the oath of office before some Judge of the Supreme or Superior Court and be inducted into office.

III. That as soon as the result of the election held as aforesaid, as to other officers of the Executive Departments, named Other officers to in Article III, Sec. 1 of the Constitution, shall be ascertained

take oaths as

soon as may be

vote.

and published as aforesaid, the officers elected to said offices after counting of of the Executive Departments, shall, as soon as may be, take the oath of office, prescribed by law for said officers and be inducted into the offices to which they have been elected.

IV. That all laws and clauses of laws in conflict with the provisions of this act, are hereby repealed.

V. That this act shall be in force from and after its ratification.

In the General Assembly, read three times and ratified this the 12th day of January 1897.

Court terms of
Three.

Date of Courts.

All process returnable to second term.

CHAPTER 2.

An act to give Montgomery county an additional term of the superior court.

The General Assembly of North Carolina do enact:

SECTION 1. That the County of Montgomery in the eighth "8" Judicial District shall have three "3" courts a year beginning as follows: On the first Monday in January a Term of two weeks.

On the third Monday in April a Term of one week.

On the fourth Monday after the first Monday in September a Term of two weeks. That all process civil, criminal, original mesne, or final returnable under the present law to any Superior Court shall be returnable to the Second Term of the Superior Court as established by this act. SECTION 2. That this act shall be in force from the date of its ratification.

In the General Assembly read three times, and ratified this 10th February, 1897.

CHAPTER 3.

An act to amend chapter 156 of the laws of the General Assembly of 1895 relating to the Eastern Circuit Criminal Court.

The General Assembly of North Carolina do enact :

County added to district.

SECTION 1. That chapter one hundred and fifty-six of the Cumberland laws of the General Assembly of 1895 be amended as follows: That section one of said act be amended by adding after the word "Halifax," in the fourth line of said section, the word “Cumberland," so that said Cumberland County be, and is hereby, added to said district.

SEC. 2. That section three of said act be amended by inserting the word "exclusive" after the word "have" in the first line, and by striking out the words “ concurrent with the Superior Court," in the second line of said section, and after the word "act," in the fifth line, add the words "including the county of Cumberland, which is hereby added to said Circuit Criminal Courts."

Criminal jurisdiction of Court exclusive" in district.

SEC. 3. That section six of said act is amended by striking Limitation of out all after the word "Court," in the seventh line, down to salary stricken and including the word “ Year," in the eighth line.

That section seven is amended as follows: Strike out all after

out.

ernor.

the word "Assembly," where it first occurs in section seven, Judge to be apand insert in lieu thereof "when the Governor shall appoint a pointed by Govperson to fill said office of Judge, for said Circuit, for such term and length of time as the State Constitution allows."

tion.

SEC. 4. That section eight of said act is amended by adding Civil jurisdicafter the word "Courts," in the last line, as follows: "And the said Judge shall have power to sign and award in Term consent or non-contested judgments or decrees, and in Term or out any other orders in provisional remedies, orders to show cause, and temporary restraining orders, or in supplementary proceedings, returnable to, or in the county where the action is pending, or other like civil orders or matters of a civil nature, where no contest is made, but shall not have power to hear, try or determine the same."

SEC. 5. That Section 14 of said act is amended by striking out Jurors, how proall after the word "Courts" in the 5th line and inserting in lieu vided. thereof as follows: "Jurors for said Circuit, ás provided in this act, and of the act of which this is amendatory, shall be provided by the county authorities, and whenever there is a deficiency of jurors, the Court shall order the drawing or summoning of the same, as may be deemed best in the interest of pub- plied.

How deficiency of jurors sup

Challenges.

Provision for
Cumberland
County.

lic justice and economy, and as now provided by law, and may order the sheriffs to summon sufficient persons qualified to serve as jurors as the court may need to carry on the public business, and the said jurors shall be subjected to the same challenges as are now provided by law for the challenge of jurors, and all of said Section 14, from and including the word “and” ” in the fifth line down to and including the word "such” in the 24th line be stricken out.

SEC. 6. That Section 16 be amended by adding after the word "act" in the 2d line the words "and the County of Cumberland added to said Circuit by this act," and by striking out the words " when so requested by the Judge of said Circuit CrimiCounty authori nal Court" in the second and third lines of said section, and after the word "court" in the 6th line, and before the word "when" in the last mentioned line, insert "or by this act of which they shall take notice."

ties to take no

tice of act.

Additional term

for Robeson County.

Terms for Cum

Judge may prolong term.

SEC. 7. That the 17th section of said act is amended by adding after the word "year" in the 26th line of said section the words and one term to begin on the third Monday in October in each year," and at the end of said section add :

"For Cumberland County-One Term to begin on the 3d berland County. Monday in January in each year; one Term to begin on the 2d Monday in July in each year; one Term to begin on the 3d Monday in October in each year; and one Term to begin on the 3d Monday in December in each year; and said Terms shall continue for one week each, unless causes are on trial of great importance and unfinished, when the Judge may prolong the Court for such time as he shall think necessary and proper, and upon the written recommendation of the solicitor or members of the bar who may be acting as such, the Judge may order a special or extra Term for any of the Counties named in the act of 1895, of which this is amendatory, or of this act, when the public interests require it, and for such extra or special Compensation of Term he shall receive the same compensation and be paid in Judge, Solicitors the same manner as is now provided by law for other Judges for similar services, and the Solicitor shall receive the same compensation or fees as is now provided by law for holding special or extra terms, and be paid in the same manner; and the several Clerks of the Courts shall furnish the Judges and Solicitors with certificates of each week or part of a week of Courts held under their hands and official seals."

Special terms.

and Clerks.

Judge not to practice law.

SEC. 8. That Section 19 of said Act is stricken out, and the following substituted for Section 19: "The Judge of said Circuit shall not practice law, either civil or criminal, but may act as advisory counsel in civil matters only.