School History of North Carolina Part 63

1. What county officers are to be elected? Section 1.

By act of 1876-'77, chapter 141, section 5, the Justices of the Peace elect three, four or five County Commissioners. The Justices may abolish the office of County Treasurer, and then the Sheriff takes his place.

2. How often and when does the election take place? Section 1.

3. What are the duties of the County Commissioners by the Const.i.tution? Section 2.

4. How is this changed by act of 1876-'77: chapter 141?

Answer--By this act, section 5, the Commissioners cannot levy taxes, purchase land, remove or designate new sites for county buildings, contract or repair bridges, if the cost may be over $500, or borrow money, or alter, or make additional towns.h.i.+ps, without the concurrence of a majority of the Justices of the Peace sitting with them. Moreover, by the same act the Board of County Commissioners have the powers of the Towns.h.i.+p Trustees.

Section 6.

5. Who is Clerk of the Board of Commissioners? Section 2.

6. What duty, did the Commissioners of 1868 have? Section 3.

7. What is the name of the districts so formed? Section 4.

8. What powers did they have, and for what purpose? Section 4.

By act of 1876-'77, chapter 141, section 3, these powers are to be under supervision of the Board of County Commissioners; and the said Board can alter boundaries of said towns.h.i.+ps and create additional ones.

9. Who const.i.tuted the Board of Trustees of the Towns.h.i.+p by the Const.i.tution, and by whom and when were they to be chosen?

Section 5.

10. How is this by act of 1876-'77, chapter 141?

Answer--By act of 1876-'77, chapter 141, the General a.s.sembly appoints three Justices for each towns.h.i.+p, who are divided in three cla.s.ses and hold their offices for two, four and six years, but the successors of each cla.s.s, as its term expires, hold office for six years. For each towns.h.i.+p in which any city or incorporated town was situated, one Justice of the Peace is appointed by the General a.s.sembly, and one for each one thousand inhabitants of the city or town. When new towns.h.i.+ps are created, the General a.s.sembly, not being in session, the Governor appoints until the next meeting of the a.s.sembly.

11. What other officers were to be elected in the towns.h.i.+ps? Section 5.

12. How has section 6 been changed?

Answer--The Board of Commissioners appoint one Justice of the Peace, or other suitable person, in each towns.h.i.+p, to list lands and personal property therein. Laws of 1881, chapter 117, section 1. The tax list is revised by the Board of County Commissioners. Same; section 18.

13. What is necessary to enable a county or other munic.i.p.al corporation to contract debts, pledge its faith, or loan its credit? Section 7.

14. What is necessary in order to levy and collect taxes more than for necessary expenses? Section 7.

15. Will a majority of those actually voting be always sufficient? Section 7.

16. What is necessary to enable money to be drawn from county or towns.h.i.+p treasuries? Section 8.

17. What is the rule of taxation in county and other munic.i.p.al corporations? Section 9; and Article V, section 6.

18. What exemptions are required? Section 9, and Article V, section 5.

19. What exemptions are allowed, and to what extent? Section 9; and Article V, section 5.

20. Is section 10 obsolete?

21. Is section 11 obsolete?

22. Did all charters, &c., relating to munic.i.p.al corporations, become of no effect on the adoption of this Article? Section 12.

23. What debts are counties, &c., forbidden to pay, or levy taxes for? Section 13.

24. What provision of this Article can the General a.s.sembly change or abrogate? Section 14.

25. What is section 7?

26. What is section 9?

27. What is section 13?

[NOTE--By Act of 1881, Chapter 200, "County Superintendents of Public Instruction" are to be elected by the County Board of Education and County Board of Magistrates in joint session. The County Commissioners const.i.tute the County Board of Education.

Same; section 15.]

28. Suppose the General a.s.sembly should attempt to change either of these sections? Answer--It would be the duty of the Courts to decide their action invalid.

ARTICLE VIII.

CORPORATIONS OTHER THAN MUNIc.i.p.aL.

1. In what way may corporations be formed? Section 1.

2. In what case may they be created by special act? Section l.

3. Can charters of corporations granted under this section be amended or repealed? Section 1.

4. How shall debts of corporations be secured? Section 1.

5. What authority has the right to prescribe rules for so securing corporation dues? Section 2.

6. What is the meaning of the term "corporation" as used in this Article? Section 3.

7. Can corporations sue and be sued like natural persons? Section 3.

8. On whom is the duty of organizing cities, towns and incorporated villages? Section 4.

9. What powers should the General a.s.sembly restrict? Section 4.

10. For what purpose are these restrictions? Section 4.

ARTICLE IX.

EDUCATION.

1. Why should schools, &c., be encouraged? Section 1.