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XXXIV. That the Members of the Council, or any three or more of them, when convened, shall constitute a board, for the transacting of business; that the Governor, for the time being, shall preside in the Council, and be entitled to a vote, on all questions, in which the Council shall be divided in opinion: and, in the absence of the Governor, the first named of the Council shall preside; and, as such, shall also vote, in all cases, where the other members disagree in their opinion.
XXXV. That, in case of refusal, death, resignation, disqualification, or removal out of the State, of any person chosen a Member of the Council, the Members thereof, immediately thereupon, or at their next meeting thereafter, shall elect by ballot, another person (qualified as aforesaid) in his place, for the residue of the year.
XXXVI. That the Council shall have power to make the great seal of this State, which shall be kept by the Chancellor for the time being, and affixed to all laws, commissions, grants, and other public testimonials, as has been heretofore practised in this State.
XXXVII. That no Senator, Delegate of Assembly, or Member of the Council, if he shall qualify as such, shall hold or execute any office of profit, or receive the profits of any office exercised by any other person, during the time, for which he shall be elected; nor shall any Governor be capable of holding any other office of profit in this State, while he acts as such.— And no person, holding a place of profit, or receiving any part of the profits thereof, or receiving the profits or any part of the profits arising on any agency, for the supply of cloathing or provisions for the army or navy, or holding any office under the United States, or any of them—or a minister, or preacher of the gospel, of any denominatoin—or any person employed in the regular land service, or marine of this or the United States—shall have a seat in the General Assembly, or in the Council of this State.
XXXVIII. That every Governor, Senator, Delegate to Congress, or Assembly, and Member of the Council, before he acts as such, shall take an oath,
''. that he will not receive, directly or indirectly, at any time, any part of the profits of any office, held by any other person, during his acting in his office of Governor, Senator, Delegate to Congress, or Assembly, or Member of the Council, or the profits, or any part of the profits, arising on any agency, for the supply of cloathing or provisions for the army or navy."
XXXIX. That if any Senator, Delegate to Congress or Assembly, or Member of the Council, shall hold or execute any office of profit, or receive directly or indirectly, at any time, the profits, or any part of the profits, of any office exercised by any other person, during his acting as Senator, Delegate to Congress or Assembly, or Member of the Council—his seat (on conviction, in a Court of Law, by the oath of two credible witnesses) shall be void; and he shall suffer the punishment of wilful and corrupt perjury, or be banished this State forever, or disqualified forever from holding any office or place of trust or profit, as the Court may judge.
XL. That the Chancellor, all Judges, the Attorney General, Clerks of the General Court, the Clerks of the County Courts, the Registers of the Land Office, and the Registers of Wills, shall hold their commissions during good behaviour, removable only for misbehaviour, on conviction in a Court of law.
XLI. That there be a Register of Wills appointed for each county, who shall be commissioned by the Governor, on the joint recommendation of the Senate and House of Delegates ; and that upon the death, resignation, disqualification, or removal out of the county, of any Register of Wills, in the recess of the General Assembly, the Governor, with the advice of the Council, may appoint and commission, a fit and proper person to such vacant office, to hold the same, until the meeting of the General Assembly.
XLII. That Sheriffs shall be elected in each county, by ballot, every third year ; that is to say, two persons for the office of Sheriff for each county, the one of whom having the majority of votes, or if both have an equal number, either of them, at the discretion of the Governor, to be commissioned by the Governor, for the
said office; and having served for three years, such person shall be ineligible for the four years next succeeding ; bond with security to be taken every year, as usual; and no Sheriff shall be. qualified to act before the same is given. In case of death, refusal, resignation, disqualification, or removal out of the county, before the expiration of three years, the other person, chosen as aforesaid, shall be commissioned by the Governor, to execute the said office, for the residue of the said three years, the said person giving bond and security as aforesaid; and in case of death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the said three years, the Governor, with the advice of the Council, may nominate and commission a fit and proper person, to execute the said office for the residue of the said three years, the said person giving bond and security as aforesaid. The election shall be held, at the same time and place, appointed for the election of Delegates ; and the Justices, there summoned to attend, for the preservation of the peace, shall be judges thereof, and of the qualification of candidates, who shall appoint a clerk to take the ballots. All freemen, above the age of twenty-one years, having a freehold of fifty acres of land in the county, in which they offer to ballot, and residing therein—and all freemen above the age of twenty-one years, and having property in the State above the value of thirty pounds current money, and having resided in the county in which theyofi'er to ballot, one whole year next preceding.the election—shall have a right of suffrage. No person to be eligible to the office of Sheriff for a county, but an inhabitant of the said county, above the age of twenty-one years, and having real and personal property in the State, above the value of one thousand pounds current money. The Justices aforesaid, shall examine the ballots ; and the two candidates properly qualified, having in each county the majority of legal ballots, shajl be declared duly elected for the office of Sheriff for such county, and returned to the Governor and Council, with a certificate'of the number of ballots for each of them.
XLIII. That every person, who shall offer to vote for Delegates, or for the election of the Senate, or for the Sheriff, shall, (if required by any three persons qualified to vote) before he be admitted to poll, take such oath or affirmation of support and fidelity to this State, as this Convention, or the Legislature, shell direct.
XLIV. That a Justice of the Peace may be eligible as a Senator, Delegate, or member of the Council, and may continue to act as a Justice of the Peace.
XLV. That no field officer of the militia be eligible as a Senator, Delegate, or Member of the Council.
XLVI. That all civil officers, hereafter to be appointed for the several counties of this State, shall have been residents of the county, respectively, for which they shall be appointed, six months next before their appointment; and shall continue residents of their county, respectively, during their continuance in office.
XLVII. That the Judges of the General Court, and Justices of the County Courts, may appoint the clerks of their respective courts; and in case of refusal, death, resignation, disqualification, or removal out of the State, or from their respective shores, of the clerks of the General Court, or either of them, in the vacation of the said court—and in case of the refusal, death, resignation, disqualification, or removal out of the county, of any of the said county clerks, in the vacation of the County Court, of which he is clerk—the Governor, with the advice of the Council, may appoint and commission a fit and proper person to such vacant office respectively, to hold the same until the meeting of the next General Court, or County Court, as the case maybe.
XLVIII. That the Governor, for the time being, with.' the advice and consent of the Council, may appoint the Chancellor, and all Judges and Justices, the Attorney General, Naval officers, officers in the regular land and sea service, Officers of the Militia, Registers of the land-office, Surveyors, and all other civil officers of government, (Assessors, Constables, and Overseers of the Roads, only excepted) and may also suspend or remove any civil officer, who has not a commission, during good I be
behaviour; and may suspend any militia officer, for one month; and may also suspend or remove any regular officer in the land or sea service: and the Governor may remove or suspend any militia officer, in pursuance of the judgment of a Court Martial.
XLIX. That all civil officers of the appointment of the Governor and Council, who do not hold commissions during good behaviour, shall be appointed annually in the third week of November. But if any of them shall be re-appointed, they may continue to act, without any new commission or qualification ; f.nd every officer, though not re-appointed, shall continue to act, until the person who shall be appointed and commissioned in his stead, shall bequaliaed.
L. That the Governor, every member of the Council, and every Judge and Justice, before they act as such, shall respectively take an oath, "That he will not, through favour, affection, or partiality, vote for any person to office, and that he will vote for such person, as, in hi; judgment and conscience, he believes most fit, and best qualified for the office: and that he has not made, nor will make, any promise or engagement, to give his vote or interest in favour of any person."
Li. That there be two Registers of the land office, one upon the western, and one upon the eastern shore, that short extracts of the grants and certificates of the laud, on the western and eastern shores, respectively, be made in separate books, at the public expense, and deposited in the offices of the said Registers, in such manner, as shall hereafter be provided by the General Assembly.
LII. That every Chancellor, Judge, Register of Wills, Commissioner of the Loan Office, Attorney-General, SheriiT, Treasurer, Naval Officer, Register of the Land Office, Register of the Chancery Court, and every Clerk of the Common Law Courts, Surveyor, and Auditor of the Public Accounts, before he acts as such, shall take an oath "that he will not directly or indirect* ly receive any fee or reward, fordoing his office of but what is, or shall be allowed by law: nor will, directly or indirectly, receive the proiits or any part of