council, and then only fo long as they fhall approve thereof; and may alone exercife all other the executive powers of government, where the concurrence of the council is not required, according to the laws of this State; and grant reprieves or pardons for any crime, except in fuch cafes where the law fhall otherwife direct; and may, during the recefs of the General Affembly, lay embargoes to prevent the departure of any fhipping, or the exportation of any commodities, for any time not exceeding thirty days in any one year, fummoning the General Affembly to meet within the time of the continuance of fuch embargo; and may alfo order and compel any veffel to ride quarantine, if fuch veffel, or the port from which The may have come, fhall, on ftrong grounds, be fufpected to be infected with the plague; but the governor fhall not, on any pretence, exercife any power or prerogative by virtue of any law, ftatute or cuftom, of England or Great-Britain.

XXXIV. That the members of the council, or any three or more of them, when convened, fhall conftitute a Board for the tranfacting of business. That the governor for the time being fhall prefide in the council, and be entitled to a vote on all questions in which the council shall be divided in opinion; and in the abfence of the governor, the first named of the council fhall prefide, and as fuch shall alfo vote in all cafes where the other members disagree in their opinion.

XXXV. That in cafe of refufal, death, refignation, difqualifica tion, or removal out of the State, of any perfon chosen a member of the council, the members thereof, immediately thereupon, or at their next meeting thereafter, fhall elect, by ballot, another perfon qualified as aforefaid, in his place, for the refidue of the year.

XXXVI. That the council fhall have power to make the great feal of this State, which shall be kept by the chancellor for the time being, and affixed to all laws, commiffions, grants and other public teftimonials, as has been heretofore practifed in this State.

XXXVII. That no fenator, delegate of Affembly, or member of the council, if he fhall qualify as fuch, fhall hold or execute any office of profit, or receive the profits of any office exercifed by any other perfon, during the time for which he fhall be elected; nor fhall any governor be capable of holding any other office of profit in this State, while he acts as fuch; 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, arifing on any agency for the sup

ply

ply of cloathing or provifions for the army or navy, or holding any office under the United States, or any of them, or a minifter or preacher of the gofpel of any denomination, or any parfon employed in the regular land fervice, or marine, of this or the United States, fhall have a feat in the General Affembly, or the council of this State,

XXXVIII. That every governor, fenator, delegate to Congress or Affembly, and member of the council, before he acts as fuch, fhall 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 perfon during his acting in his office of governor, fenator, delegate to Congress or Affembly, or member of the council, or the profits, or any part of the profits, arifing on any agency for the supply of cloathing or provisions for the army or navy."

XXXIX. That if any fenator, delegate to Congrefs or Affembly, or member of the council, fhall 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 perfon, during his acting as fenator, delegate to Congress or Affembly, or member of the council, his feat, on conviction in a court of law, by the oath of two credible witneffes, fhall be void, and he shali tuffer the punishment for wilful and corrupt perjury, or be banished this State for ever, or difqualified for ever from holding any office or place of truft 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 regifters of wills, fhall hold their commiflions during good behaviour, removeable only for misbehaviour, on conviction in a court of law.

XLI. That there be a register of wills appointed for each county, who fhall be commiffioned by the governor, on the joint recommendation of the Senate and Houfe of Delegates; and that upon the death, refignation, difqualification, or removal out of the county, by any register of wills, in the recefs of the General Affembly, the governor, with the advice of the council, may appoint and commiffion a fit and proper perfon to fuch vacant office, to hold the fame until the meeting of the General Aflembly.

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 perfon fhall be ineligible for the four years next fucceeding, bond with fecurity to be taken every year as ufual, and no fheriff thall be qualified to act before the fame is given. In cafe of death, refufal, refignation, difqualification, or removal out of the county, before the expiration of the three years, the other perfon, chofen 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 aforeiaid; and in cafe of his death, refufal, refignation, difqualification, or removal out of the county, before the expiration of the faid three years, the governor, with the advice of the council, may nominate and com. miffion a fit and proper perfon to execute the faid office for the refidue of the said three years, the said 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 juftices there fummoned to attend for the prefervation of the peace, thall be judges thereof, and of the qualification of candidates, who fhall appoint a clerk to take the ballots. All freemen above the age of twenty-one years, having a frechold of fifty acres of land in the county in which they offer to ballot, and efiding 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 year next preceding the election, fhall have a right of fuffrage; no perfon to be eligible to the office of theriff 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 justices 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 theriff 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 fhall offer to vote for delegates, or for the election of the fenate, or for the fheriff, fhall (if required by any three perfons qualified to vote) before he be admitted to poll, take fuch oath or affirmation of fupport and fidelity to this State, as this Convention or the legislature fhall direct.

XLIV. That

XLIV. That a juftice of the peace may be eligible as a fenator, 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 fenator, delegate, or member of the council.

XLVI. That all civil officers hereafter to be appointed for the feveral counties of this State, fhall have been refidents of the county respectively, for which they shall be appointed, fix months next before their appointment, and fhall continue residents of their county refpectively, 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 refpective courts, and in cafe of refufal, death, refignation, disqualification, or removal sut of the county, of any of the faid 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 commiflion a fit and proper person to fuch vacant office refpectively, 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 confent 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 alfo fufpend or remove any civil officer who has not a commiffion during good behaviour; and may suspend any militia officer for one month; and may alfo fufpend or remove any regular officer in the land or fea fervice; and the governor may remove or fufpend 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 commiffions during good behaviour, fhall 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 commiffion or qualification; and every officer, though not re-appointed, fhall continue to act until the person 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 justice, before they act as fuch, fhall refpectively 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 his judgment and confcience 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 intereft in favour of any person."

LI. That there be two registers of the land office, one upon the weftern and one upon the eastern shore; that short extracts of the grant, and certificates of the land on the western and eastern shores refpectively be made in feparate books, at the public expenfe, and depofited in the offices of the faid regifters in fuch manner as fhall hereafter be provided by the General Affembly.

LII. That every chancellor, judge, regifter of wills, commiffioner of the loan office, attorney-general, fheriff, treasurer, naval officer, regifter of the land office, regifter of the chancery court, and every clerk of the common law courts, furveyor, and auditor of the public accounts, before he acts as fuch, fhall take an oath," that he will not, directly or indirectly, receive any fee or reward for doing his office of but what is or fhall be allowed by law; nor will directly or indirectly receive the profits, or any part of the profits of any office held by any other perfon; and that he does not hold the fame office in truft, or for the benefit of any other perfon."

LIII. That if any governor, chancellor, judge, register of wills, attorney-general, regifter of the land office, regifter of the chancery court, or any clerk of the common law courts, treasurer, naval of ficer, fheriff, furveyor or auditor of public accounts, fhall receive, directly or indirectly, at any time, the profits, or any part of the profits, of any office held by any other perfon, during his acting in the office to which he is appointed, his election, appointment and commiffion, on conviction in a court of law, by oath of two credible witneffes, fhall be void, and he fhall fuffer the punishment for wilful and corrupt perjury, or be banished this State for ever, or difqualified for ever from holding any office or place of truft or profit, as the court may adjudge.

LIV. That if any perfon fhall give any bribe, prefent or reward, or any promife, or any fecurity for the payment or delivery of any money, or any other thing, to obtain or procure a vote to be governor, fenator, delegate to Congrefs or Affembly, member of the council, or judge, or to be appointed to any of the faid offices, or to any office of profit or truft, now created or hereafter to be created in this State; the perfon giving, and the perfon receiving the fame,

on.