advice of the council, may nominate and commission a fit and proper person to
execute the said office for the residue of the said three years, the said person
giving bond and security 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 appoint a clerk to take the ballots (w). All free men
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 resulting therein, and all free men 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 (x).
No person to be eligible to the office of sheriff for the county but an inhabitant
of the said county above the age of twenty-one years, and having real and personal
property in the state above the value of one thousand pounds current money (y);
the justices aforesaid shall examine the ballots, and the two candidates properly
qualified, having in each county the majority of legal ballots, shall be declared
duly elected for the office of sheriff for such county, and returned to the governor
and council, with a certificate of the number of ballots for each of them (z).

    43.  That every person who shall offer to vote for delegates, or for the electors
of the senate, or for the sheriff, shall, (if required by any three persons
qualified to vote,) before he be admitted to poll, take such oath, or affirmation,
of support and fidelity to this state, as this convention or the legislature shall
direct.

    44.  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 justice of the peace.

    45.  That no field officer of the militia shall be eligible as a senator, delegate, or
member of the council (a).

    46.  That all civil officers hereafter to be appointed for the several counties
of this state, shall have been residents of the county respectively for which they
shall be appointed six months next before their appointment, and shall continue
residents of their county respectively during their continuance in office.

    47.  That the judges of the general court (b) and justices of the county courts,
may appoint the clerks of their respective courts; and in case of refusal, death,
resignation, disqualification, or removal out of the state, or from their respective
shores, of the clerks of the general court, or either of them, in the vacation of the
said court (b); and in case of the refusal, death, resignation, disqualification,
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 commission a fit and proper persons to such vacant office
respectively, to hold the same until the meeting of the next general court (b)
or county court, as the case may be (b.)

    48.  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

    (w)  Act of 1798, ch. 115, confirmed by 1799, ch. 48.
    (x)  See notes (a) and (c) to the 2d section.
    (y) Act of November 1809, ch. 198, confirmed by 1810, ch. 18
    (z)  See note (d) to the 2d section.
    (a)  This section or article of the constitution was repealed and utterly abolished by the act of
November 1809, ch. 65, confirmed by 1810, ch. 78.
    (b)  All and every part of the constitution which related to the general court was repealed and
abrogated by the act of 1804, ch. 55, confirmed by 1805, ch. 16, and also every part relating to
the then court of appeals.