ART. XV] MISCELLANEOUS. 99

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 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 vacant, 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 appointment under any Court in this State, shall receive more than
three thousand dollars a year as a compensation 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the adoption of this Constitution shall, until superseded under its pro-
visions, continue with like powers and jurisdiction, and in the exercise
thereof, both at Law and in Equity, in all respects, as if this Constitu-
tion had. not been adopted; and when said Courts shall be so super-
seded, all causes then depending in said Courts shall pass into the juris-
diction of the several Courts, by which they may be respectively super-
seded.

Sec. 3. The Governor and all officers, civil and military, now hold-
ing 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 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they shall be superseded under its provisions, and until their successors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.

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 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 pre-
served.

Sec. 7. All general elections in this State shall be held on the Tues-
day next after the first Monday in the month of November, in the
year in which they shall occur; and the first election of all officers, who,
under this Constitution, are required to be elected by the people, shall,
except in cases herein specially provided for, be held on the Tuesday
next after the first Monday of November, in the year eighteen hundred
and sixty-seven.