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to hold the fame until the meeting of the General Affembly.

XLII. That Sheriffs fhall be elected in each county, by ballot, every third year, that is to fay, two perfons 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 difcretion of the Governor, to be commiffioned by the Governor for the faid office, and having ferved for three years, fuch person shall be ineligible for the four years next fucceeding, bond with fecurity to be taken every year as ufual, and no Sheriff shall be qualified to act before the fame is given. In case of death, refufal, refignation, disqualification, or removal out of the county, before the expiration of the three years, the other perfon, chosen as aforefaid, fhall be commiffioned by the Governor to execute the faid office for the refidue of the faid three years, the faid perfon giving bond with fecurity as aforefaid; and in cafe of his death, refufal, refignation, difqualification, 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 commiffion a fit and proper perfon to execute the faid office

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for the refidue of the faid three years, the faid perfon giving bond and fecurity as aforefaid. The election fhall be held at the fame time and place appointed for the election of Delegates ; and the Justices there fummoned to attend for the preservation of the peace, fhall 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 refiding 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 refided in the county in which they offer to ballot, one whole preceding the election, fhall have a right of fuffrage; no perfon to be eligible to the office of Sheriff for a county, but an inhabitant of the faid county above the age of twenty-one years, and having real and perfonal property in the State above the value of one thousand pounds current money. The Juftices aforefaid fhall examine the ballots, and the two candidates properly qualified, having in each county the majority of legal ballots, fhall be declared duly elected for the office of Sheriff for fuch county,

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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, fhall (if required by any three perfons qualified to vote), before he be admitted to poll, take such oath or affirmation of fupport and fidelity to this State, as this Convention or the legislature shall 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 Juftice 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 feveral counties of this State, shall have been refidents of the county refpectively, for which they shall be appointed, fix months next before their appointment, and shall continue refidents of their county respectively, during their continuance in office.

XLVII. That the Judges of the General Court, and Juftices of the county courts, may appoint

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the clerks of their refpective courts, and in cafe of refufal, death, refignation, difqualification,

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 commiffion a fit and proper person to fuch vacant office respectively, to hold the fame until the meeting of the next General Court, or county court, as the cafe may be.

XLVIII. That the Governor for the time being, with the advice and consent of the Council, may appoint the Chancellor, and all Judges and Juftices, the Attorney-general, naval officers, officers in the regular land and sea service, officers of the militia, registers of the land office, furveyors, and all other civil officers of government (affeffors, conftables, and overfeers of the roads only excepted), and may also fufpend or remove any civil officer who has not a commiffion during good behaviand may fufpend any militia officer for one month; and may alfo fufpend or remove any regular officer in the land or sea service; and the Governor may remove or fufpend any militia officer in purfuance of the judgment of a Court-martial.

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XLIX. That all civil officers of the appoint-. ment of the Governor and Council, who do not hold commiffions during good behaviour, fhall be appointed annually in the third week of November; but if any of them shall be reappointed, they may continue to act without any new commiffion or qualification; and every officer, though not re-appointed, fhall continue to act until the perfon who shall be appointed and commiffioned in his ftead fhall be qualified.

L. That the Governor, every Member of the Council, and every Judge and Juftice, before they act as fuch, fhall refpectively take an oath, "That he will not, through favour, affection, or partiality, vote for any perfon to office, and that he will vote for fuch person as in his judgment and confcience he believes most fit and beft qualified for the office; and that he has not made, nor will make, any promise or engagement to give his vote or intereft in favour of any person."

LI. That there be two Registers of the land office, one upon the western and one upon the eaftern fhore; that short extracts of the grant, and certificates of the land on the western and eaftern

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