THE CONSTITUTION OF 1851
ARTICLE IX.
MILITIA.
Section 1. It shall be the duty of the
Legislature to pass laws for the enroll-
ment of the militia; to provide for dis-
tricting the State into divisions, bri-
gades, battalions, regiments, and com-
panies, and to pass laws for the effectual
encouragement of volunteer corps by
some mode which may induce the for-
mation and continuance of at least one
volunteer company in every county and
division in the city of Baltimore. The
company, battalion, and regimental offi-
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cers (staff officers excepted) shall be
elected by the persons composing their
several companies, battalions and regi-
ments.
Sec. 2. The Adjutant General shall
be appointed by the Governor, by and
with the advice and consent of the Sen-
ate. He shall hold his office for the term
of six years, and receive the same salary
as heretofore, until changed by the
Legislature.
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ARTICLE X.
MISCELLANEOUS.
Section 1. Every officer of this State,
the Governor excepted, 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, 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 com-
pensation 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 Treasurer of
the State for his inspection and that of
the General Assembly of Maryland; and
each of such officers, when the amount
received by him for the year shall exceed
the sum of three thousand dollars, shall
yearly pay over to the treasurer the
amount of such excess by him received,
subject to such disposition thereof as the
Legislature may deem just and equi-
table. And any such officer failing to
comply with the said requisition, shall
be deemed to have vacated his office,
and be subject to suit by the State for
the amount that ought to have been paid
into the treasury.
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Sec. 2. The Legislature shall have
power to pass all such laws as may be
necessary and proper for carrying into
execution the powers vested by this Con-
stitution, in any department or office of
the government, and the duties imposed
upon them thereby.
Sec. 3. If in any election directed by
this Constitution any two or more candi-
dates shall have the highest and an equal
number of votes, a new election shall be
ordered, unless in cases specially pro-
vided for by the Constitution.
Sec. 4, The trial by jury of all issues
of fact in civil proceedings, in the sev-
eral courts of law in this State, where
the amount in controversy exceeds the
sum of five dollars, shall be inviolably
preserved.
Sec. 5. In the trial of all criminal
cases the jury shall be the judges of law
as well as fact.
Sec. 6. The Legislature shall have
power to regulate by law all matters
which relate to the judges, time, place
and manner of holding elections in this
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