bly at its next session shall provide by law
for the election of delegates and the assembling
of such convention, as is provided in
the preceding section; but no amendment of
this constitution agreed upon by any convention
assembled in pursuance of this arti-
cle shall take effect until the same shall have
been submitted to the electors of the State,
and adopted by a majority of those voting
thereon.
ARTICLE XII.
SCHEDULE.
Section. 1. Every person holding any office
created by or existing under the constitution
or laws of the State, the entire amount of
whose pay or compensation received for the
discharge of his official duties shall exceed
the yearly sum of three thousand dollars, ex-
cept wherein otherwise provided by this constitution,
shall keep a book in which shall be
entered any sum or sums of money received
by him or on his account as a payment or
compensation 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 year-
ly to the comptroller of the State for his in-
spection, and that of the general assembly of
the State, and each of the said officers, when
the amount received by him for the year shall
exceed three thousand dollars, shall yearly pay
over to the treasurer the State, the amount
of such excess by him received, subject to
such disposition thereof, as the general as-
sembly 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 provided 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 department provided by this consti-
tution.
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
us fact.
See. 5. The trial by jury of all issues of
fact in civil proceedings 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 appoint-
ment under the State, shall continue to hold
and exercise their offices, according to their
present tenure, unless otherwise provided in |
this constitution, until they shall be super-
seded pursuant to its provisions, and until
their successors lie duly qualified, and the
compensation of such officers which has been
increased by this constitution, shall take effect
from the first day of January, eighteen hun-
dred and sixty-five.
Sec. 7. General elections shall be held
throughout the State on Hie Tuesday next
after the first Monday in the month of Novem-
ber 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 eigh-
teen hundred and sixty-five, all county offi-
cers required to be elected under this consti-
tution in that year shall he elected, and in
like manner in every second year thereafter,
an election shall be held for those county
officers, whose terms are about to expire;
Provided, however, the judges of Hie several
courts of tills State, except the judges of the
orphans' courts, shall be elected at the regu-
lar election, whether for State or county
officers, as lire case may be, immediately
preceding the expiration of the term of the
incumbent whose place is to be filled.
VOTE ON THE CONSTITUTION,
Sec. 8. For the purpose of ascertaining the
sense of the people of this State in regard to
the adoption or rejection of this constitution,
the governor shall issue his proclamation
within five days after the adjournment of
this convention, directed to the sheriff of the
city of Baltimore, and to the sheriffs of the
several counties of this State, commanding
them to give notice, in the manner now pre-
scribed by law, that an election will be held
in the city of Baltimore on the twelfth day of
October, in the year eighteen hundred and
sixty-four, and in the several counties of this
State on the twelfth and thirteenth days of Oc-
tober, in the same year, at the usual places of
holding elections in said city and counties, for •
the adoption or rejection of this constitution,
which election shall be held in the said city of
Baltimore on the twelfth day of October, eigh-
teen hundred and sixty-four, between the hours
of 8 o'clock A. M. and five o'clock P. M., and
in the said several counties of this State on
the said twelfth and thirteenth days of Octo-
ber, eighteen hundred and sixty-four, between
the hours of eight o'clock A. M. and five
o'clock P. M., and the judges of election of said
city and of the several counties of the State,
shall receive at said election the votes only
of such electors as are qualified according to
the provisions of this constitution, who may
offer to vote at such election, and the said
sheriffs shall also give notice on or after the
twelfth day of October, eighteen hundred and |
