Page:Arkansas Constitution 1874 (published 1913).pdf/45

Rh 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and unsealed instruments in force at that time continue to apply to all instruments afterward executed until altered or repealed.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 Provided further, that this section may be amended or repealed by the General Assembly.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.

Sec. 4. 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