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, delegate in congress (o) or assembly, and
member of the council, before he acts as such, shall take an oath (p) 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,
senator, delegate to congress (o), 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.

    39.  That if any senator, delegate to congress (q) 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 senator, delegate to congress (q),
or assembly, or member of the council, his seat, on conviction in a court
of law, by the oath (r) 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 disqualified for ever from holding any office or place of trust or profit,
as the court may adjudge.

    40. That the chancellor, all judges, (s), the attorney general (t), clerks of the
general court (s), the clerks of the county courts, the registers of the land office,
and the registers of wills, shall hold their commissions during good behaviour,
removeable only for misbehavior on conviction 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 register of wills, in the recess of the general
assembly, the governor, with the advice of the council, may appoint and commission
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 fo
whom having the majority of votes, or if both have an equal number, either of
them, at the discretion of the governor, to be commissioned by the governor for
the said office; and having served for three years such person shall be ineligible
for the four years next succeeding; bonds with security to be taken every year
as usual; and no sheriff shall be qualified to act before the same is given.  In
case of death, refusal, resignation, disqualification, or removal out of the county,
before the expiration of the three years, the other person chosen as aforesaid
shall be commissioned by the governor to execute the said office for the residue
of the said three years, 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 said three years, the governor, with the

    (o)  See note (h) to the 27th section.  The oath or affirmation to be taken by members of Congress
is prescribed by the 6th article of the constitution of the general government, and the
form, &c by the first act of congress.
    (p)  Act of 1794, ch. 49, confirmed by 1795, ch. 11.
    (q)  See note (o) to the 38th section.
    (r)  See note (p) to the 38th section.
    (s)  Act of 1804, ch. 55, confirmed by 1805, ch. 16.  See the 47th and 56th sections, and the
notes thereto.
    (t)  All and every part of the constitution and form of government, which related to the attorney
general, was abrogated, annulled and made void, by the act of 1816, ch. 247, confirmed by
1817, ch. 69.