1776.] OF THE PROVINCE OF MARYLAND. 335

of death, refusal, resignation, disqualification, or removal out of
the county, before the expiration of the year, the other person cho-
sen as aforesaid, shall be commissioned by the governor to execute
the said office for such residue of the year as shall be unexpired;

the said person giving bond with security as aforesaid, and in case
of his death, refusal, resignation, disqualification, or removal out
of the county, before the expiration of the year, the governor with
the advice of his council, may nominate and commission a fit and
proper person to execute the said office for such residue of the year
as shall be then unexpired; the said person giving bond and secu-
rity 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 ap-
point 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 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 they offer 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 in-
habitant of the said county, above the age of twenty-one years,
and having real and personal property in the state above the value
of ———— the justices aforesaid shall examine the ballots, and the
two candidates properly qualified, having in each county the ma-
jority of legal ballots, shall be declared duly elected for the office
of sheriff for such county, and returned to the governor and coun-
cil, with a certificate of the number of ballots for each of them.

43. " 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 remo-
val out of the state, of the clerk of the general court in the vacation
of the said court; and in case of the refusal, death, resignation, dis-
qualification, 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 commis-
sion 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 may be.

44. " 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 re-