766

kept, shall be returned yearly to the Comptroller of the State,
for his inspection and that of the General Assembly of the
State, and each of said officers, when the amount received by
him for the year shall exceed three thousand dollars, shall
yearly pay over to the Treasurer of the State the amount of
such excess by him received, subject to such disposition there-
of as the General Assembly may direct. Any such officer
failing to comply with this requisition, 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.

Sec. 2. The several Courts, except as herein otherwise pro-
vided, shall continue with like powers and jurisdiction both
at law and in equity, as if this Constitution had not been
adopted, and until the organization of the Judicial Depart-
ment provided by this Constitution.

Sec. 3. 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, ex-
cept in cases specially provided for by this Constitution.

Sec. 4. In the trial of all criminal, cases, the Jury shall be
the judges of law as well as fact.

Sec. 5. The trial by jury of all issues of f'act^ in civil pro-
ceedings, in the several Courts of law in this State, where
the amount in controversy exceeds the sum of five dollars,
shall be inviolably preserved.

Sec. 6. All officers, civil and military, now holding office,
whether by election or appointment under the State, shall
continue to bold and exercise their offices according to their
present tenure, unless otherwise provided in this Constitu-
tion, until they shall be superseded pursuant to its provisions,
and until their successors be duly qualified; and the com-
pensation of such officers which has been increased by this
Constitution, shall take effect from the first day of January,
eighteen hundred and sixty-five.

Sec. 7. General elections shall be held throughout the
State, on the Tuesday next after the first Monday in tive
month of November of each and every year. At the election
held in the year eighteen hundred and sixty-four, all State
officers required to be elected under this Constitution during
that year shall be elected, and in like manner in every second
year thereafter an election shall be held for those State officers
whose terms are about to expire. At the election held in the
year eighteen hundred and sixty-five, all county officers re-
quired to be elected under this Constitution, in that year,
shall be elected, and in like manner, in every second year