XLVI.  That all civil officers hereafter to be appointed
for the several counties of this state, shall have
been actually and bonâ fide 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.

    XLVII.  That the judges of the general court 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, 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 person to such vacancy office respectively,
to hold the same until the meeting of the
next general court or county court, as the case may be.

    XLVIII.  That the legislature shall never erect any
summary jurisdiction for the trial of any fact in any
civil case without a jury, except only in cases of small
debts, or trivial wrongs, not exceeding the sum or value
of seven pounds ten shillings current money of this
state, or twenty dollars of the United States, or fines,
forfeitures or penalties, not exceeding in value that
sum, but the legislature may amend any defects in the
trial by jury in civil cases; provided, that no verdict
shall be made lawful, unless given by three fourths, at
least, or more, of the jury.