in their favour, by which the choice shall not be
determined on the first ballot, then a second ballot shall
be taken, which shall be confined to the persons, who
on the first ballot shall have had an equal number; 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.

    XLII.  That no city, town, or place, shall hereafter
be incorporated, or any new county erected, with the
privilege of electing a delegate, unless there shall be
within the same at least eight hundred voters, and
there shall not be allowed to such incorporated city,
town, or place, or to such newly erected county,
more than one delegate for every eight hundred voters.

    XLIII.  That no convention of the people, to change
or alter the constitution and form of government, or
the declaration of rights, shall be called, unless with
the concurrence of at least two thirds of all the members
of both branches of the legislature.

    XLIV.  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.

    XLV.  That every person shall offer to vote for
delegates or for the electors of the senate, shall (if required
by any three persons qualified to vote) before
he be admitted to poll, take the oath or affirmation of
support and fidelity to this state directed by this constitution.