Page:The Federal and state constitutions v5.djvu/284

2810 which shall be denominated a civil action; and every action prosecuted by the people of the State as a party, against a person charged with a public offence, for the punishment of the same, shall be termed a criminal action. Feigned issues shall also be abolished, and the fact at issue tried by order of court before a jury.

Three commissioners shall be appointed by this convention to report to the general assembly, at its first session after this constitution shall be adopted by the people, rules of practice and procedure in accordance with the provisions of the foregoing section, and the convention shall provide for the commissioners a reasonable compensation.

The same commissioners shall also report to the general assembly, as soon as practicable, a code of the law of North Carolina. The governor shall have power to fill all vacancies occurring in this commission.

The judicial power of the State shall be vested in a court for the trial of impeachments, a supreme court, superior courts, courts of justices of the peace, and special courts.

The court for the trial of impeachments shall be the senate. A majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold, office in this State; but the party shall be liable to indictment and punishment according to law.

The house of representatives solely shall have the power of impeaching. No person shall be convicted without the concurrence of two-thirds of the senators present. When the governor is impeached, the chief justice shall preside.

Treason against the State shall consist only in levying war against it or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason or attainder shall work corruption of blood or forfeiture.

The supreme court shall consist of a chief justice and four associate justices.

There shall be two terms of the supreme court held at the seat of government of the State in each year, commencing on the first Monday in January and the first Monday in June, and continuing as long as the public interests may require.

The supreme court shall have jurisdiction to review, upon appeal, and decision of the courts below upon any matter of law or legal inference; but no issue of fact shall be tried before this court; and the court shall have power to issue any remedial writs necessary to give it a general supervision and control of the inferior courts.

The supreme court shall have original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the general assembly for its action.

The State shall be divided into twelve judicial districts, for each of which a judge shall be chosen, who shall hold a superior court in each county in said district, at least twice in each year, to continue for two weeks, unless the business shall sooner be disposed of.