Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1864-09-22

r. .ss.s
Assembly Of the State, and each of tie said
officers, when the amount received by him
for the year shall exceed three thousand dol
lars. shall yearly pay over to the Treasurer of
the State the amount oil such excess by himre-
ceiyed subject TO such disposition thereof as
The General Assembly may direct; and such Of
iser falling to comply with this re9asiton
shall be deemed 10 have vacated his osiee and
be subjcc, to suit by the State for the amount
that ought to be paid mo the Treasury.
Section 2-The several Courts, except as
herein otherwise provided, shall continue with
like powers ond jurisdiction, 10th ct ls" and
in EQUITY, as if this Constitution had not been
adopted, and until the organization Of the Ju-
dicial Department provided hy his Cons:itu-
ton.
Section 3--If ct any election directed By
this Constitution any two OF more candidates
shall hare the highest and en- e1un! number Q!
votes, Il new cleatiou shall ts ordered except
in cases specially provided for by this Cons'i-
tuition.
Section 4--In the trial Of all Ciimiaal cases
the jury shall be the judges Of law as well IS
fact.
Section 5.--The trial b. jury of eli issues Of
fact in civil y ceilings i'll the sew raj courts oil
law in this S.ata, where the amount in ccutro-
yersv exceeds the sum OF I've dollars, shall be
| involably preserved.
| Section 6--All officers. civil ard military,
now holding Office, whether by election or APP
| pointment under the State. shall continue to
| hold and cxercge their Offices, according 10
| their present tenure. unless otherwise prov ded
| in this Constitution until they shall be :uperse
ded pursuant To its provisions and until Their
successors be duly qualified, and the compen-
sation of such officers which has been increased
| by this Constitution shall take effect from The
fret luy nf ttC i.llrgl
sxty-!ve.
Section 7-Gcnoral elections shall be held
| throughout the State on the Tuesday next a!-
ter the first Monday in the month Of Novem-
Der of each and every year. Mt the election held
in the year eighteen hundred and sAty-fcur,
! oil State officers required TO lie elected under
this Constitution during that year sinll be elcc
ted, and in every second year thereafter an
election shall be held for these State officers
whose terms are about TO exnire; at the election
held in the wear eighteen hundred and sixty
five, all County officers required to lie elected
under this Constitution in that year shall he
elected. and in like manner Ia every second
year thereafter an eccli, n shall be held for
these County officers whose terms are About to
expire: Proiidea however, the Judges Of thu
several Courts of this State except the Jud ,ses
Of the Orphans Court, shall lie elected at the
regular election, whether for State or County
officers, as the case may lie, Immediately pre-
ceding the expiration o. the term Of the incunl-
bent whose place is to lie iilcd
VOTE ~ TIE CONSTITUTION.
Section S.--.ror the prri'osc Of nggc..aiu.Dt
the sense OF the people Of tbs Si.'" in regard
to the adoption or rejection OF this Coustitution
the Governor shall issuchs proclamation within
| i've days after the adjournment Of this ConYen-
! ton. directed 10 the Sheriff OF The City Of Bal
! tmore, and 10 the Shcrilis Of the several coun-
| ties Of the Stat, commanding them 10 give no.
| ticc, in the manner prescribed by law, that M
| election will tc held in the City o' Baltimore
| on the twelfth day Of October, in the yeai
zig hcen hundred and sxty-'our ard in The
| several counties of This State on tie twelfth
and thirteenth days If October, in tie sam,
year. ii; the usual places Of holding elections
in saiu City and Counties fyr tn adoption o.
rejection of this Constitution, whose l.eciiuu
shall he held in the said City Of B;ltimcr" or
the twelfth day of u tnlcr, eighteen hun1ied
and sixiy-four. Between IKE hon r. Of eight
O'Clock A NJ, and five O'clock, Il. and in
the said Sew rl counties Of this sac On tn,
aid twelfth and thirteenth dass OF October.
eighteen hundred AID sixty four lewetn
the hours Of eight O'Clock A. N, and fy,
81 c ock p ~. and the Judges Of Election
Of said City, and Of the several Counties
If the State, ..ha!i receive NJ said election tn,
votes only of such electors US are qu.l fled &C.
cording TO the provisions of this Constitution,
Who HAY Offer 10 vote mt sash election. and
the aid She, IFS shall also give notice on or cf-
| ter the twelfth day of October, eighteen hun
drcd and SIT four. for all the elections proyi-
did f r by this Constitution, 10 lee held during
! +! nj year.
| Section ga, the said election TIE vote shall
he 10y ballet, ard each ballot shall t,scrilo
thereon thu word. .'f'ur tho Constitution" o.
Against the Constitution, ns the voter may
select, and it shall lie conducted in all RESPECTS
rs ;he general elections IN Il i State arc ROW
conducted. The Judges Of Electiun shall adj
minister to every person ,tlc.ing TO vote the
nth or aii nation pits. led t.y his &c nstt u-
! ton, and should anr person c.tring 70 vote
refuse or decline to take su,d CATH be shall no,
| be permitted to vote al such slertnn. lut u
taking of such oath or affirmation shall not hs
deemed conclusive evidence of the right Of SUI Il
person. TO vote, and ii shall lie the duty of the
| Return Judges of said City, and Of the several
Counties OF the State. having counted the vote.
given for or against the adoption Of This ton
stitu'ion TO certify the result thereof in tho
manner now prescribed hy law, accompanied
with Il special statement, that every person
who has voted has taken the oath or asirIr.a ton
| pres cribed by this Constitution; and the Gov
ernor, uron ec,iv:pg scch &c: ult ard ast cr-
tanning the aggregate vote throughout The
State, includ the soldiers vote, hereiI aft !
provided for, shall, b. h proclamation II t.a,
known the same and il a majority of tie vote,
cast 81 all be for the adoption fths Consit- II
it shall go into effect on tie ii!s day Of No
venbtr, eighteen hundred aud 81 ~ our.
Section l0.-And the Governor sail exclude
| from count the votes Of any &, unity or CIV
Return Judges Of which h Ill fail % reft'S j
the returns, rs prescribed 10y this schedule, tiia'
all persons who have vote! have taken the oath
/ prescribed 10 hr taken. unie the Governor
shall be sati. fed that such oa b WAS actually
: n 'mniscred, and that the failure 10 na,c tily
certificate has brcu from inadver'cnce or mis-
take.
SOLDIERS voTr.
| sc :ion ll-Any qualified vu'c- otth:a STATE
who shall he al sen; fum til, County or city 0!
his residence by reason of i,us in the milii,,-
~ service of the United States. - as not IL be
able TO vote III home. Oh the adoption or rc:ec-
| ton OF this Constitute, n. or fhr STATE officers
elected on general ticket, and tor Presidential
| Electors and (. Mriulcrs Of Congress, AZ tho
election to be held on the Tuesday rvst after
the first Monday in the month 81 November,
eighteen hundred and sii;y-four, shall lie on;i-
| tied TO vote at such elrctions as follows: \ poll
shall be opened in each Company of every Ma
ryland Regiment in the service g.. the Unite ]
States or vi this State ON the dag appointed
Icy this Convention for taking the vote on the
new Constitution, or sonic V.'.cr DAY not mare
than five days thereafter, al the quarters CT Tho
commanding officer thereof and voters OF thi.
State belonging TO such Company who shall
be within ten miles Of such quarters on the
day Of election may vote at such poll; tlie pills
shall he opened at eight o'clock A. 81. and
be closed ut 8 Z. NJ; the commissioned officers
of such company or such O.; them a. are re-.
ent ut the opcnidg Of the polls, shull act as
Judges, and any one officer shall he compe.:
so TO act, and it no officer lie present thra III,
voters in such Company present shall acct tv
Of the voters present to act as I.deeI of III,
election; before any votes arc sece:vcd enr, n
the Judges shall take an oath or no .r,.,;c,
that lie will perform the duties Of oape aecnr
ding TO law; will prevent frc.,d md obserr,
and make proper return .rreto. and such oa,l
the Judges may adm .istcr to each other; III,
election snail be D., ballot, and amy ,oter ma,
vote either ''F'.f The Constitution or "a gains
the Constit. s'''''
| SprttE- n