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above three whole years next preceding the election, and having real and perfonal property above the value of one thousand pounds cur

rent money.

XVI. That the Senators fhall be ballotted for at one and the fame time; and out of the gentlemen refidents of the western shore who fhall be propofed as Senators, the nine who fhall, on striking the ballots, appear to have the greatest number in their favour, fhall be accordingly declared and returned duly elected; and out of the gentlemen refidents of the eastern shore who fhall be proposed as Senators, the fix who fhall, on ftriking the ballots, appear to have the greatest number in their favour, shall be accordingly declared and returned duly elected and if two or more, on the same shore, shall have an equal number of ballots in their favour, by which the choice shall not be determined on the first ballot, then the electors fhall again ballot before they separate, in which they shall be confined to theperfons who on the first ballot shall have had an equal number ; and they who shall have the greatest number in their favour on the second ballot, shall be accordingly declared and returned duly elected ;

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elected; and if the whole number should not thus be made up, because of an equal number on the second ballot still being in favour of two or more perfons, then the election fhall be determined by lot, between those who have equal numbers; which proceedings of the electors shall be certified under their hands, and returned to the Chancellor for the time being.

XVII. That the electors of Senators fhall judge of the qualifications and elections of Members of their body, and on a contested election shall admit to a feat, as an elector, fuch qualified perfon as fhall appear to them to have the greatest number of legal votes in his favour.

XVIII. That the electors immediately on their meeting, and before they proceed to the election of Senators, take such oath of support and fidelity to this State, as this Convention or the legislature shall direct; and also an oath, "to elect, without favour, affection, partiality, or prejudice, fuch perfons for Senators as they, in their judgement and conscience, believe best qualified for the office."

XIX. That in case of refufal, death, refignation, difqualification, or removal out of this,

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State,

State, of any Senator, or on his becoming Governor, or a Member of the Council, the Senate shall immediately thereupon, or at their next meeting thereafter, elect by ballot, in the fame manner as the electors are above directed to chufe Senators, another perfon in his place for the refidue of the faid term of five years.

XX. That not less than a majority of the Senate, with their Prefident (to be chofen by them by ballot), shall constitute an House for the tranfacting any bufinefs, other than that of adjourning.

XXI. That the Senate fhall judge of the elections and qualifications of Senators.

XXII. That the Senate may originate any other except money bills, to which their affent or diffent only fhall be given; and may receive any other bills from the House of Delegates, and affent, diffent, or propofe amend

ments.

XXIII. That the General Affembly meet annually, on the firft Monday of November, and if neceffary oftener.

XXIV. That each Houfe fhall appoint its own officers, and fettle its own rules of proceeding.

XXV. That

XXV. That a perfon of wisdom, experience, and virtue, shall be chofen Governor, on the fecond Monday of November seventeen hundred and feventy-feven, and on the fecond Monday in every year forever thereafter, by the joint ballot of both Houses, to be taken in each House respectively, depofited in a conferenceroom; the boxes to be examined by a joint Committee of both Houfes, and the numbers feverally reported, that the appointment may be entered; which mode of taking the joint ballot of both Houses fhall be adopted in all cafes. But if two or more fhall have an equal number of ballots in their favour, by which the choice fhall not be determined on the first ballot, then a fecond ballot fhall be taken, which shall be confined to the perfons who on the first ballot shall have had an equal number; and if the ballots fhould again be equal between two or more perfons, then the election of the Governor shall be determined by lot, between those who have equal numbers; and if the perfon chofen Governor fhall die, refign, remove out of the State, or refuse to act (fitting the General Affembly) the Senate and Houfe of Delegates shall immediately thereupon proceed to a new choice in manner aforefaid.

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XXVI. That the Senators and Delegates, on the fecond Tuesday of November, 1777, and annually on the fecond Tuesday of November forever thereafter, elect by joint ballot, in the fame manner as Senators are directed to be chofen, five of the moft fenfible, discreet, and experienced men, above twenty-five years of age, refidents in the State above three years next preceding the election, and having therein a freehold of lands and tenements above the value of one thousand pounds current money, to be the Council to the Governor; whose proceedings fhall be always entered on record, to any Member any part whereof may enter his diffent; and their advice, if fo required by the Governor or any Member of the Council, fhall be given in writing, and figned by the Members giving the fame refpectively; which proceedings of the Council fhall be laid before the Senate, or House of Delegates, when called for by them, or either of them. The Council may appoint their own Clerk, who shall take fuch oath of fupport and fidelity to this State as this Convention or the legislature shall direct, and of secrecy, in fuch matters as he shall be directed by the Board to keep fecret,

XXVII, That

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