1776.
PROCEEDINGS of CONVENTION.
30. That no person, unless above
twenty-five years of age, a resident in this state above five years next
preceding the election, and having in the state real and personal property
above the value of five thousand
pounds current money, one thousand pounds whereof at least to be of freehold
estate, shall be eligible as
governor.
31. That the governor shall not continue in that
office longer than three years successively, nor be eligible
as governor until the expiration of four years after he shall have been
out of that office.
32. That upon the death, resignation, or removal out
of this state, of the governor, the first named of
the council for the time being, shall act as governor, and qualify
in the same manner, and shall immediately
call a meeting of the general assembly, giving not less than fourteen days
notice of the meeting, at
which meeting a governor shall be appointed, in manner aforesaid, for the
residue of the year.
33. That the governor, by and with the advice
and consent of the council, may embody the militia,
and when embodied, shall above have the direction thereof, and shall also
have the direction of all the regular
land and sea forces under the law of this state, but he shall not command
in person, unless advised
thereto by the council, and then only so long as they shall approve thereof,
and may alone exercise 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 such cases
where the law shall otherwise direct; and may, during the recess of the
general assembly, lay embargoes
to prevent the departure of any shipping, or the exportation of any commodities,
for any time not exceeding
thirty days in any one year, summoning the general assembly to meet within
the time of the continuance
of such embargo, and may also order and compel any vessel to ride quarantine,
if such vessel, or
the port from which she shall have come, shall, on strong grounds, be suspected
to be infected with
the plague; but the governor shall not, under any pretence, exercise any
power or prerogative, by virtue
of any law, statute or custom, of England or Great-Britain.
34. That the members of the council, or any three
or more of them, when convened, shall constitute
a board for the transacting of business; that the governor for the time
being shall always be the president
of the council, and as such entitled to a vote on all questions in which
they shall be divided in opinion;
and in the absence of the governor the first named of the council shall
act as vice-president, and as such
shall also vote in all cases where the members disagree in their opinion.
35. That in case of refusal,
death, resignation, disqualification, or removal out of the state, by any
person
chosen a member of the council, the members thereof, immediately thereupon,
or at their next meeting
thereafter, shall elect, 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, shall be capable of holding
any office of profit in this state, during the time he shall act as senator,
delegate of the assembly, or member
of the council; nor shall any governor be capable of holding any other
office of profit in this state
while he acts as such.
38. That every governor, senator, delegate to
congress or assembly, and member 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, senator,
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 cloathing or provisions
for the army or navy.
39. That if any senator, delegate of the 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
of the 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
disqualified 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 general court, the clerks of
the county courts, the register of the land-office, and the register of
wills, shall hold their commissions
during good behaviour, removeable only for misbehaviour, 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 annually in
each county by ballot, 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 governor, to be commissioned
by the governor for the
said office; no person to continue in the said office more than three
successive years, or be capable of being
again elected during four years afterwards; bond 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 year, the other
person chosen 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 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.
All freemen 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
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 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 ___________________;
the justices aforesaid shall examine the ballots, and the two candidates
properly qualified, having in
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