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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 472   View pdf image (33K)
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472
or compensation is derived from fees or monies coming into
his hands for the discharge of his official duties, shall keep a
book in which shall be entered every sum, or sums of money
received by him, or on his account as a payment or compen-
sation for his performance of official duties, a copy of which
entries in said book, verified by the oath of the officer by
whom it is directed to be kept, shall be returned yearly to
the Comptroller of the State for his inspection, and that of
the General Assembly of the State, to which the Comptrol-
ler shall, at each regular session thereof, make a report
showing what officers have complied with this Section; and
each of the said officers, when the amount received by him
for the year shall exceed the sum which he is by law entitled
to retain as his salary or compensation for the discharge of
his duties, and for the expenses of his office, shall yearly pay
over to the Treasurer of the State the amount of such excess,
subject to such disposition thereof as the General Assembly
may direct; if any of such officers shall fail to comply with
this requisition, such officer shall be deemed to have vacated
his office, and be subject to suit by the State for the amount
that ought to be paid into the Treasury; and no person
holding any office created by, or existing under this Consti-
tution or Laws of the State, or holding any appointment
under any Court in this State, shall receive more than $3,000
a year as a compensation for the discharge of his official
duties, except in cases specially provided in this Consti-
tution.
SEC. 2. The several Courts existing in this State at the
time of the adoption of this Constitution, shall until super-
ceded under its provisions, continue with like powers and
jurisdiction, and in the exercise thereof, both at law and in
equity, in all respects as if this Constitution had not been
adopted; and when said Courts shall be so superseded, all
causes then depending in said Courts shall pass into the juris-
diction of the several Courts by which they may be respect-
ively superseded.
SEC. 3. The Governor and all officers, civil and military,
now holding office under this State, whether by election or
appointment, shall continue to hold, exercise and discharge
the duties of their offices according to their present tenure,
(unless otherwise provided in this Constitution) until they
shall be superseded under its provisions, and until their
successors shall be duly qualified.
SEC. 4. If at any election directed by this Constitution,
any two or more candidates shall have the highest and an
equal number of votes, a new election shall be ordered by
the Governor, except in cases specially provided for by this
Constitution.


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Page 472   View pdf image (33K)
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