by ballot, another person, qualified as
aforesaid, in his place, for the residue
of the year.
36. 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.
37. That no senator, delegate of the
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 gover-
nor 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 clothing or
provisions for the army or navy, or hold-
ing any office under the United States,
or any of them, or a minister or preacher
of the gospel, of any denomination, 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 the council of this
State.
38. That every governor, senator, del-
egate to Congress or assembly, and mem-
ber 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, sen-
ator, 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 clothing or
provisions for the army or navy."
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39. 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 sena-
tor, 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 for
wilful and corrupt perjury, or be
banished this State for ever, or disquali-
fied for ever from holding any office or
place of trust or profit, as the court may
adjudge.
40. That the chancellor, all judges,
the attorney-general, clerks of the gen-
eral court, the clerks of the county courts,
the registers of the land-office, and the
registers of wills, shall hold their com-
missions during good behaviour, remov-
able only for misbehaviour, on convic-
tion in a court of law.
41. 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, by any regis-
ter of wills in the recess of the general
assembly, the governor, with the advice
of the council, may appoint and com-
mission a fit and proper person to such
vacant office, to hold the same until the
meeting of the general assembly.
42. 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 gover-
nor, to be commissioned by the governor
381
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