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lars, the costs of such briefs shall be taxed in the bill of costs in favor of the party filing them, if he be successful, at the rate of five cents for each printed page of the usual size of the reports of this court.

XXXVI.-Brief of appellee.

The appellee may, in like manner, file such briefs and shall, under like circumstances, be entitled to have the costs thereof taxed for him.

ADOPTED AT JUNE TERM, 1873.

The Supreme Court, by virtue of its power to exercise a general supervision and control of the inferior courts, makes the following rules:

XXXVII.—Clerks, &c., to make reports of funds.

Every clerk of a Superior Court, and every commissioner appointed by such court, who, by virtue or color of any order, judgment or decree of the court in any action. pending in it, has received or shall receive any money, or security for money, to be kept or invested for the benefit of any party to such action, or of any other person, shall, at the term of such court, held on, or next after the first day of January in each year, report to the judge a statement of said fund, setting forth the title and number of the action, and the term of the court, at which the order or orders, under which the officer professes to act, was made; the amount and character of the investment, and the security for the same, and his opinion as to the sufficiency of the security. In every report, after the first, he shall set forth any change made in the amount or character of the investment since the last report, and every payment made to any person entitled thereto.

XXXVIII.—Reports to be filed and registered.

The reports above required, shall be handed by the clerk of the Superior Court to the Register of Deeds, and acknowledged or proved by said clerk, and said report shall

be registered at the cost of the fund. The originals shall be returned, after registration, to the clerk of the Superior Court, and filed among the papers in the cause.

XXXIX.-Rules to apply to clerks, &c., of Supreme Court.

The above rules shall apply to the clerks of the Supreme Court and to any commissioner appointed by it to receive and invest funds. His report shall be registered in the county from which the appeal was taken in the cause in which the order is made.

XL.-Breach of rule how punishable.

A breach of the above rules shall be punishable as a contempt of the court to which the report is required to be made.

ADOPTED JUNE TERM, 1876.

[75 N. C. R., 607.]

XLI.—Appeals not docketed in time. ✔

In all civil actions in which an appeal to this court shall be taken from a judgment of the Superior Court, if the appellant shall fail to bring up a transcript of the record, and to cause the case to be docketed according to the rule of this court of June Term, 1869, before the end of the week assigned to the district, the appellee may file a transscript of the record, and cause the case to be docketed, and may thereupon move to dismiss the appeal at the costs of the appellant, which may be allowed, unless cause be shown to the contrary.

XLII.-Costs, when appeal dismissed.

In such case no order will be made setting aside the dismissal, or allowing the appeal, even though the appellant may be otherwise entitled to such order, until the appellant shall have paid the costs of the appellee in procuring the transcript of the record, and in causing the same to be docketed.

ADJUDICATIONS

OF THE

CONSTITUTION OF 1868.

ARTICLE I.

SEC. 2. Political power derived from the people.

Nichols v. McKee, 68-429.

SEC. 6. The public debt inviolable.

Galloway v. Chatham R. R. Co., 63-147; University R. R. Co. v. Holden, 63-410.

Debts incurred in aid of rebellion; Rand v. State, 65-194.

SEC. 7. Exclusive Privileges.

Kingsbury v. Chatham R. R, Co., 66-284; Simonton v. Lanier. 71-498; W. & W. R. R. v. Reid, 64-226; State v. Morris, 77-512.

SEC. 8. Legislative, executive and judicial powers, separate. R. & A. A. L. R. R. Co. v. Jenkins, 68–502.

SEC. 10. Elections ought to be free.

Lilly v. Com'rs of Cumberland, 69-300; W. & Tar. R. R. Co. v. Battle, 66-540.

SEC. 11. Rights of person accused of crime.

Discharge of jury in absence of prisoner; State v. Alman, 64–

364.

To confront witnesses; State v. Thomas, 64-74.
Counsel for defence; State v. Collins, 70-241.

SEC. 12-13. Persons to be charged only by indictment and convicted only by verdict of jury.

Does not prevent punishment for contempt; Kane v. Haywood, 66-1.

Criminal charge-indictment; State v. Simons, 68--378. Examination of witnesses before Grand Jury; State v. Branch, 68--186.

SEC. 16. No imprisonment for debt except in case of fraud.
Daniel v. Owens, 72-340.

Obligation of bastardy bond not a debt; State v. Palin, 63-471;
State v. Green, 71-172.

What constitutes fraud; Melvin v. Melvin, 72-384.

Does not prevent an order of arrest in libel; Moore v. Green, 73-394.

Does not permit arrest for breach of marriage contract; Moore v. Mullen, 77-327.

SEC. 17. No person deprived of life, &c., but by law of the

land.

Lien by a levy-"property"; Miller v. Gibson, 63-635.
Practice of law a 66
privilege"; Ex parte Schenck, 65-353.

An office "property"; King v. Hunter, 65-603.

Right of action for tort not "property"; Franklin v. Vannoy, 66-145; Blackwood's Case, Phil. 240; Bank of Charlotte v. Jenkins, 64-719; State v. Jones, 67-210.

Statute affixing a penalty for refusal to take a public office not inconsistent with; London v. Headen, 76--72.

SEC. 18. Every person restrained of his liberty is entitled to a remedy, &c.

In re. John Schenck, 74-607.

SEC. 19. Trial by jury guaranteed.

Does not apply to contracts; Froelick v. So. Express Co., 67-2; Keener v. Finger, 70-35; Wittowski & Rintels v. Wasson, 71-451.

SEC. 21. The writ of habeas corpus not to be suspended. Ex parte Moore, 64-802; Wilson v. City of Charlotte, 74-748. SEC. 22. No property qualification for voting or holding office.

Wilson v. City of Charlotte, 74–748.

SEC. 31. Perpetuities and monopolies ought not to be allowed.

Legislature cannot grant; Simonton v. Lanier, 71-498; R. &
G. R. R. Co. v. Reid, 64-155.

SEC. 32. Retrospective Laws.

Repeal of Amnesty, ex post facto; State v. Keith, 63-140; State v. Buck, 73-266 and 630.

SEC. 35. Courts shall be open and justice administered without delay, &c.

Wilson v. City of Charlotte, 74-748.

SEC. 37. Powers not delegated remain with the people.

Statutes declarative of reserved powers to be liberally construed,
(Rodman, J.) University R. R. Co. v. Holden, 63-410.
Legislature cannot appoint officers; Nichols v. McKee, 68-429.
Legislative power; R. & G. R. R. Co. v. Reid, 64–155.

ARTICLE II

SECS. 4, 5-6. Senatorial Districts.

Commissioners of Granville v. Ballard, 69-18.

SEC. 13. (Amendment of 1873.)

"Provide for election" construed; University v. McIver, 72-76. SEC. 14. Thirty days notice necessary to pass private laws. Broadnax v. Com'rs of Rockingham Co., 64-244.

SEO. 16. How laws imposing taxes shall be passed.
Galloway v. Chatham R. R. Co., 63-147.

SEC. 20. House of Rpresentatives to chose its own officers.
Nichols v. McKee, 68-429.

SEC. 22. Senate to chose its own officers.

Nichols v. McKee, 68-429.

SEC. 27. Terms of Senators and Representatives.
Aderholt v. McKee, 65-257.

SEC. 29. Election for members of Assembly.
Loftin v. Sowers, 65-251.

ARTICLE III.

SEC. 1. Officers of Executive Department.

To hold till successors are qualified; Battle v. McIver, 68-467.
Term of office; Aderholt v. McKee, 65-257.

SEC. 7. Reports of officers of the Executive Department and public institutions.

Nichols v. McKee, 68-429; Welker v. Bledsoe, 68-457. SEC. 10. Governor to appoint officers, not otherwise provided for.

State proxies and Directors are "officers"; Clark v. Stanley,
66-59; Howerton v. Tate, 68-546; University R. R. Co. v.
Holden, 63-410.

Officers of public institutions; Nichols v. McKee, 68-429;
Welker v. Bledsoe, 68-457.

Does not apply to Judges of Special Courts; State v. Pender,
66-313.

SEC. 13. How duties prescribed and vacancies filled.

Duty of Auditor; Boner v. Adams, 65–639.

Governor to appoint; Clark v. Stanley, 66-59; Nichols v. Mc-
Kee, 68-429; Welker v. Bledsoe, 68-457.

Appointee of Governor to hold till successor has qualified; Bat-
tle v. McIver, 68—467; Cloud v. Wilson, 72—155.

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