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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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yearly pay over to the Treasurer of the
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State the amount of such excess, subject to
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such disposition thereof as the General As-
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sembly may direct; if any of such officers
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shall fail to comply with the requisitions of
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this Section for the period of thirty days
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after the expiration of each and every year
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of his office, such officer shall be deemed
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to have vacated his office, and the Gover-
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nor shall declare the same vacant, and the
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vacancy therein shall be filled as in case
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of vacancy for any other cause, and such
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officer shall be subject to suit by the State
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for the amount that ought to be paid into
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the Treasury.
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Sec. 2. The several Courts existing in
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See Section 10.02, Effect of Constitution on
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this State at the time of the adoption of
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Existing Law, p. 1.
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this Constitution shall, until superseded,
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under its provisions, continue with like
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powers and jurisdiction, and in the exercise
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thereof, both at Law and in Equity, in
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all respects, as if this Constitution had not
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been adopted; and when said Courts shall
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be so superseded, all causes, then depending
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in said Courts, shall pass into the jurisdic-
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tion of the several Courts, by which they
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may be, respectively, superseded.
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Sec. 3. Vacant.
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Sec. 4. If at any election directed by this
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Section 2.09. Pluralities.
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Constitution, any two or more candidates
shall have the highest and an equal number
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The candidates receiving the highest num-
ber of votes shall be elected to the offices for
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of votes, a new election shall be ordered
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which they were candidates.
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by the Governor, except in cases specially
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provided for by this Constitution.
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Sec. 5. In the trial of all criminal cases,
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See Section 1.07, Rights of Accused, p. 5.
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the Jury shall be the Judges of the Law,
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as well as of fact, except that the Court
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may pass upon the sufficiency of the evi-
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dence to sustain a conviction.
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Sec. 6. The right of trial by Jury of
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See Section 1.13, Jury Trial in Civil Cases,
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all issues of fact in civil proceedings in
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p.l.
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the several Courts of Law in this State,
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where the amount in controversy exceeds
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the sum of five dollars, shall be inviolably
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preserved.
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Sec. 7. All general elections in this
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See Section 2.08, General Elections, p. 114.
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State shall be held on the Tuesday next
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after the first Monday in the month of
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November, in the year in which they shall
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occur.
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