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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 551   View pdf image (33K)
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THE CONSTITUTION OF 1867

and Coroners,) or holding any appoint-
ment under any Court of this State,
whose pay, or compensation is derived
from fees, or moneys coming into his
hands for the discharge of his official
duties, or, in any way, growing out of, or
connected with his office, 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 Comptroller
of the State for his inspection, and that
of the General Assembly of the State, to
which the Comptroller 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 dis-
charge of his duties, and for the ex-
penses of his office, shall yearly pay over
to the Treasurer of the State the amount
of such excess, subject to such disposi-
tion thereof as the General Assembly
may direct; if any of such officers shall
fail to comply with the requisitions of
this Section for the period of thirty days
after the expiration of each and every
year of his office, such officer shall be
deemed to have vacated his office, and
the Governor shall declare the same va-
cant, and the vacancy therein shall be
filled as in case of vacancy for any other
cause, and such officer shall 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 Constitution, or
Laws of the State, or holding any ap-
pointment under any Court in this
State, shall receive more than three

thousand dollars a year as a compensa-
tion for the discharge of his official
duties, except in cases specially provided
in this Constitution. Sec. 2, The several Courts existing in
this State at the time of the adoption of
this Constitution, shall, until superseded
under its provisions, continue with like
powers and jurisdiction, and in the ex-
ercise thereof, both at Law and in
Equity, in all respects, as if this Consti-
tution had not been adopted; and when
said Courts shall be so superseded, all
causes, then depending in said Courts,
shall pass into the jurisdiction of the
several Courts, by which they may be
respectively, 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 (unless inconsistent with, or other-
wise provided in this Constitution) until
they shall be superseded, under its pro-
visions, and until their successors shall
be duly qualified. Sec. 4; If at any election directed by
this Constitution, any two or more can-
didates 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. Sec. 5. In the trial of all criminal
cases, the Jury shall be the Judges of
Law, as well as of fact. Sec. 6. The right of 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 ex-
ceeds the sum of five dollars, shall be
inviolably preserved. Sec. 7. All general elections in this
State shall be held on the Tuesday next
551

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 551   View pdf image (33K)
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