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commissioners and collectors of the public taxes, the
treasurers, the registers of wills, the register of the
chancery court, the clerks of the court of appeals, general
and county courts, the prosecutors of presentments
and indictments in the county courts, constables, and
overseers or commissioners of the roads, or of the poor,
all of whom shall be appointed as directed by the constitution,
acts of assembly, and as herein after provided,)
shall be appointed as follows: The council
shall, by ballot, nominate to the governor two persons,
or three if so required by him, whom they, in their
judgment and conscience, believe best qualified for the
office to which they are nominated, and the governor
shall, after five and within ten days thereafter, appoint
and commission one of the persons so nominated;
and the governor may suspend or remove any civil officer,
who has not a commission during good behaviour,
and may suspend any militia officer for one month,
and may also suspend or remove any militia officer in
pursuance of the sentence of a court-martial. All
civil officers of the appointment of the governor (except
only the chancellor and all judges) shall hold their
commissions during pleasure; and the salaries to the
governor and the council, and to the chancellor and
judges, as ascertained by law, shall not be diminished
during their continuance in office; and any chancellor
or judge shall be removed by the governor for misbehavour
in office, on conviction in a court of law, or
upon the address of the general assembly, provided
two thirds of all the members of each house concur
therein.
XXXVIII. That sheriffs shall be appointed annually
in the month of December, and no person shall
be capable of holding the office of sheriff, or of receiving
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