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such persons as shall be absent on the public business
of the United States, or this state, and shall be elected
by the electors of the senate when assembled to
elect senators in the year seventeen hundred and ninety-six,
and for ever thereafter by the electors of the
senate when so assembled; and the said election of
the council shall be made in the same manner as the
election of senators, and no person shall be capable
of acting as a member of the council longer than
ten years successively: And if any person elected a
member of the council shall refuse to act, die,
resign, or remove out of the state, during the
recess of the general assembly, the members thereof,
immediately thereupon, or at their next meeting
thereafter, shall elect, by ballot, another person, qualified
as aforesaid, in his place, until the meeting of
the general assembly; and in the first week of the session
the said vacancy shall be supplied as follows, to
wit: The house of delegates shall, by ballot, appoint
nine of their body then present, and the said nine, or
a majority of them, shall, by ballot, nominate to the
senate three qualified persons, and out of such nomination
the senate shall elect one person, by ballot, to
fill the vacancy for the residue of the five years; and
if any member of the council, or the person so elected,
shall refuse to act, die, resign, or remove out of the
state, during the sitting of the general assembly, such
vacancy shall be filled up in like manner; and if
during the recess of the general assembly, such vacancy
shall be filled up by the members of the council
in manner aforesaid, until the next meeting of the general
assembly, and, in such case, the said vacancy shall
be filled up in manner aforesaid, and to toties quoties
whenever a vacancy shall happen it shall be filled up
as herein before directed. That the proceedings of the
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