858 PROCEEDINGS OF THE CONVENTION [1776.

39. "That if any senator, delegate to congress or 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 to congress or 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 punish-
ment for wilful and corrupt perjury, or be banished this slate
forever, or disqualified forever 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 com-
missions during good behaviour, removable only for misbehaviour,
on conviction in a court of law.

41. " That there be a register of wills appointed for each coun-
ty, who shall be commissioned by the governor, on the joint re-
commendation of the senate and house of delegates, and that upon
the death, resignation, disqualification, or removal out of the coun-
ty, by any register of wills in the recess of the general assembly,
the governor, with the advice of the council, may appoint and com-
mission 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 in each county by ballot, every
third year, 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 go-
vernor, to be commissioned by the governor for the said office; and
having served for three years, such person shall be ineligible for
the four years next succeeding : 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, disquali-
fication, or removal out of the county, before the expiration of the
three years, the other person chosen as aforesaid, shall be commis-
sioned by the governor to execute the said office for the residue of
the said three years; the said person giving bond with security as
aforesaid, and in case of his death, refusal, resignation, disqualifi-
cation, or removal out of the county, before the expiration of the
said three years, the governor with the advice of the council, may
nominate and commission a fit and proper person to execute the
said office for such residue of the said three years; 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