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be paid into the State, county, city or town treasury as shall here after be directed by appropriate legislation.
Sec. 24. The General Assembly shall provide by law the mode of contesting elections in cases not specially provided for in this Constitution.
Sec. 25. The present seal of the State shall be and remain the seal of the State of Arkansas until otherwise provided by law, and shall be kept and used as provided in this Constitution.
Sec. 26. Militia officers, officers of the public schools and notaries may be elected to fill any executive or judicial office.
Sec. 27. Nothing in this Constitution shall be so construed as to prohibit he General Assembly from authorizing assessments on real property for local improvements in towns and cities under such regulations as may be prescribed by law, to be based upon the consent of a majority in value of the property holders owning property adjoining the locality to be affected; but such assessments shall be ad valorum and uniform.
Section 1. All laws now in force which are not in conflict or inconsistent with this Constitution shall continue in force until amended or repealed by the General Assembly, and all laws exempting property from sale on execution or by decree of a court which were in force at the time of the adoption of the Constitution of 1868 shall remain in force with regard to contracts made bfore that time. Until otherwise provided by law, no distinction shall exist between sealed and unsealed instruments concerning contracts between individuals executed since the adoption of the Constitution of 1868, provided that the statutes of limitation with regard to sealed and unsealed instruments in force at that time continue to apply to all instruments afterward executed until altered or repealed.
Sec. 2. In civil actions no witness shall be excluded because he is a party to the suit or interested in the issue to be tried. Provided, That in actions by or against executors, administrators or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transactions with or statements of the testator, intestate or ward, unless called to testify thereto by the opposite party. Provided, further that this section may be amended or repealed by the General Assembly.
Sec. 3. An election shall be held at the several election precincts of every county of the State on Tuesday, the 13th day of October, 1874, for Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Commissioner of State Lands for two years, unless the office is sooner abolished by the General Assembly, chancellor and clerk of the separate chancery court of Pulaski county, chief justice and two associate justices of the Supreme Court, a circuit judge and prosecuting attorney for each judicial circuit provided for in this Constitution, Senators and Representatives to the General Assembly, all county and township officers provided for in this Constitution; and also for the submission of this Constitution to the qualified electors of the State for its adoption or rejection.
The qualification of voters at the election to be held as provided in this schedule shall be the same as is now prescribed by law.
Sec. 5. The State Board of Supervisors hereinafter mentioned shall give notice of said election immediately after the adoption of this Constitution by this convention by proclamation in at least two newspapers published at Little Rock and such other newspapers as they may select. And each county board of supervisors shall give public notice in their respective counties of said election immediately after their appointment.
Sec. 6. The Governor shall also issue a proclamation enjoining upon all peace officers the duty of preserving good order on the day of said election and preventing any disturbance of the same.
Sec. 7. Augustus H. Garland, Gordon N. Peay and Dudley E. Jones are hereby constituted a State Board of Supervisors of said election, who shall take an oath faithfully and impartially to discharge the duties of their office, a majority of whom shall be a quorum, and who shall perform the duties herein assigned them. Should a vacancy occur in said board by refusal to serve, death, removal, resignation or otherwise, or if any member should become incapacitated from performing said duties, the remaining members of the board shall fill the vacancy by appointment. But, if all the places on said board become vacant at the same time, the said vacancies shall be filled by the president of this convention.
Sec. 8. Said State board shall at once proceed to appoint a board of election supervisors for each county of this State, consisting of three men of known intelligence and uprightness of character, who shall take the same oath as above provided for the State board. A majority of each board shall constitute a quorum and shall perform the duties herein assigned to them; and vacancies occurring in the county boards shall be filled by the State board.
Sec. 9. The State board shall provide the form of poll-books, and each county board shall furnish the judges of each election precinct with three copies of the poll-books in the form prescribed and with the ballot-boxes at the expense of the county.
Sec. 10. The State Board of Supervisors shall cause to be furnished in pamphlet form a sufficient number of copies of this Constitution to supply each county supervisor and judge of election with a copy, and shall forward the same to the county election boards for distribution.
Sec. 11. The boards of county election supervisors shall at once proceed to appoint three judges of election for each election precinct in their respective counties, and the judges shall appoint three election clerks for their respective precincts, all of whom shall be good, competent men, and take an oath as prescribed above. Should the judges of any election precinct fail to attend at the time and place provided by law or decline to act, the assembled electors shall choose competent persons in the manner provided by law to act in their place, who shall be sworn as above.
Sec. 12. Said election shall be conducted in accordance with existing laws, except as herein provided. As the electors present themselves at the polls to vote the judges of election shall pass upon their qualifications and the clerks of the election shall register their names on the poll-books if qualified; and such registration by said clerks shall be a sufficient registration in conformity with the Constitution of this State, and then their votes shall be taken.
Sec. 13. Each elector shall have written or printed on his ticket “For Constitution,” or “Against Constitution," and also the
offices and the names of the candidates for the offices for whom he desires to vote.
Sec. 14. The judges shall deposit the ticket in the ballot-box; but no elector shall vote outside of the township or ward in which he resides. The names of the elector shall be numbered, and the corresponding numbers shall be placed on the ballots by the judges when deposited.
Sec. 15. All dram shops and drinking houses in this State shall be closed during the day of said election and the succeeding night, and any person selling or giving away intoxicating liquors during said day or night shall be punished by fine not less than two hundred dollars for each and every offense, or imprisoned not less than six months, or both.
Sec. 16. The polls shall be opened at eight o'clock in the forenoon and shall be kept open until sunset. After the polls are closed the ballots shall be counted by the judges at the place of voting as soon as the polls are closed, unless prevented by violence or accident, and the results by them certifled on the poll-books and the ballots sealed up. They shall be returned to the county board of election supervisors, who shall proceed to cast up the votes and ascertain and state the number of votes cast for the Constitution and the number cast against the Constitution, and also the number of votes cast for each candidate voted for for any office, and shall forthwith forward to the State Board of Supervi. sors, duly certified by them, one copy of the statement or abstracts of the votes so made out by them, retain one copy in their possession and file one copy in the office of the county clerk, where they shall also deposit for safe-keeping the ballots, sealed up, and one copy of the poll-books, retaining possession of the other copies.
Sec. 17. The State Board of Supervisors shall at once proceed, on receiving such returns from the county board, to ascertain therefrom and state the whole number of votes given for the Constitution and the whole number given against it, and if a majority of all votes cast be in favor of the Constitution they shall at once make public that fact by publication in two or more of the leading newspapers published in the city of Little Rock, and this Constitution, from that date, shall be in force; and they shall also make out and file in the office of the Secretary of State an abstract of all the votes cast for the Constitution and all the votes cast against it, and also an abstract of all votes cast for every candidate voted for at the election, and file the same in the office of the Secretary of State, showing the candidates elected. They shall also make out and certify and lay before each house of the General Assembly a list of the members elected to that house, and shall also make out, certify and deliver to the speaker of the House of Representatives an abstract of all votes cast at the election for any and all persons for the office of Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney-General and Commissioner of State Lands, and the said speaker shall cast up the votes and announce the names of the persons elected to these offices. The Governor, Secretary of State, Treasurer of State, Auditor of State, AttorneyGeneral and Commissioner of State Lands chosen at said election shall qualify and enter upon the discharge of the duties of their respective offices within fifteen days after the announcement of their election as aforesaid.
Sec. 18. All officers shown to be elected by the abstract of said election filed by the State Board of Supervisors in the office of the Secretary of State, required by this Constitution to be commissioned, shall be commissioned by the Governor.
Sec. 19. At said election the qualified voters of each county and senatorial district, as defined in article eight of this Constitution, shall elect respectively Representatives and Senators according to the numbers and apportionment contained in said article The board of election supervisors of each county shall furnish certificates of election to the person or persons elected to the House of Representatives as soon as practicable after the result of the election has been ascertained, and such board of election super visors in each county shall make a correct return of the election for Senator or Senators to the board of election supervisors of the county first named in the senatorial apportionment, and said board shall furnish certificates of election to the person or persons elected as Senator or Senators in said senatorial district as soon as practicable.
Sec. 20. All officers elected under this Constitution, except the Governor, Secretary of State, Auditor of State, Treasurer, Attorney-General and Commissioner of State Lands, shall enter upon the duties of their several ofices when they shall have been