7 prison.(3)

(1). Ill., 162; Md., 171; R. I., 415; Wis., 562. (2). Cal., 97.

(3). Cal., 97; Mich., 308 Min., 326; Mo., 351; Nev., 381; Or., 449; &c.

RESIDENCE OF ELECTORS.

-All civil officers for the State at large shall be voters of and reside within the State; and all district or parish officers shall be voters of and reside within their respective districts or parishes, and shall keep their offices at such places therein as may be required by law. La., 233.

-No person shall be entitled to vote at any election held in this State except in the parish of his residence, and in cities and towns divided into election precincts, in the election precinct in which he resides. La., 227; Md., 256.

--No voter, on removing from one parish to another within the State, shall lose the right of voting in the former until he shall have acquired it in the latter. La., 227.

-But a person who shall have acquired a residence in such county or city entitling him to vote at any such election, shall be entitled to vote in the election district from which he removed, until he shall have acquired a residence in the part of the county or city to which he has removed. Md., 256.

-All persons residing upon Indian lands within any county of the State, and qualified to exercise the right of suffrage under this Constitution, shall be entitled to vote at the polls which may be held nearest their residence, for State, United States, or county officers: Provided, That no person shall vote for county officers out of the county in which he resides. Wis., 571.

-All qualified electors shall vote in the election precinct in the county where they may reside, for county officers, and in any county in the State for State officers, or in any county of a congressional district in which such electors may reside, for members of Congress. Or., 449.

-All persons qualified to vote in the election of Senators shall be entitled to vote within the district where they dwell, in the choice of Representatives. N. H., 402.

-Nor shall the residence of a student at any Seminary of learning, entitle him to the right of suffrage in the town or plantation where such seminary is established. Me., 240.

-And any such qualified elector, who may happen to be in any county, city or town other than that of his residence at the time of an election, or who shall have moved to any county, city, or town within four months preceding the election, from any county, city, or town in which he would have been a qualified elector had he not so removed, may vote for any State or district officer, or member of Congress, for whom he could have voted in the county of his residence, or the county, city or town from which he may have so removed. Miss., 336.

-And to remove all doubts concerning the meaning of the word "inhabitant," in this Constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district or plantation where he dwelleth or hath his home. Mass., 284.

-It shall be the duty of the General Assembly to pass laws to punish with fine and imprisonment any person who shall remove into any election district or precinct of any ward of the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting at an approaching election, or who shall vote in any election district or ward in which he does not reside (except in the case provided for in this article), or shall at the same election vote in more than one election district, or precinct, or shall vote or offer to vote in any name not his own, or in place of any other person of the same name, or shall vote in any county in which he does not reside. Md., 258.

[Provision relating to students similar to N. Y.] Me., 240.

[Absence on business of State not a disqualification.] Cal., 105; Ind., 171; Wis., 562.

-That any one entitled to vote in this State in the county where he resides, may vote for the adoption or rejection of this constitution in any county in this State. Ark., 85.

-And every person, qualified as the constitution provides, shall be considered as an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish or plantation where he dwelleth and hath his home. N. H.,

403.

a forfeiture of residence once obtained. Ala., 94. -Absence on business of this State, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained. Ark., 93; Miss., 343.

-Absence on the business of this State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office, under the exceptions contained in this Constitution. Ky., 220; Tex., 515.

10

(1). N. Y., (1777), 37; Kan., 202.

REGISTRY OF VOTERS-REGISTRATION OF BIRTHS, MARRIAGES AND DEATHS. -The Legislature may provide for a registry of voters. They shall prescribe the manner of conducting and making returns of elections, and of determining contested elections; and shall pass such laws as may be necessary and proper to prevent intimidation, disorder or violence at the polls, and corruption or fraud in voting. W. Va., 548.

-The General Assembly shall immediately provide by law for a complete and uniform registration, by election districts, of the names of qualified voters in this State; which registration shall be evidence of the qualification of all registered voters to vote at any election thereafter held; but no person shall be excluded from voting at any election, on account of not being registered, until the General Assembly shall have passed an act of registration, and the same shall have been carried into effect; after which, no person shall vote, unless his name shall have been registered at least ten days before the day of the election; and the fact of such registration shall be no otherwise shown, than by the register, or an authentic copy thereof, certified to the judges of election by the registering officer, or other constituted authority. A new registration shall be made within sixty days next preceding the tenth day prior to every biennial general election; and after it shall have been made, no person shall establish his right to vote, by the fact of his name appearing on any previous register. Mo., 356.

-The General Assembly shall provide for the periodical registration in the several counties, cities and towns of the voters therein; and for the annual registration of births, marriages and deaths in the white population, and of the births and deaths in the colored population. Va., 539.

The General Assembly shall provide by law for the registration of births, marriages and deaths, and shall pass laws providing for the celebration of marriage between any persons legally competent to contract marriage, and shall provide that any persons prevented by conscientious scruples from being married by any of the existing provisions of law, may be married by any Judge or Clerk of any Court of Record, or any Mayor of any incorporated city in this State. Md., 264.

[The Recorder, in addition to the duties incident to the recording of inventories, and other papers relating to estates, and to deeds and other writings, attends to the registering of births, marriages and deaths, and issuing of marriage licenses]. W. Va., 554. -The General Assembly shall pass laws for the preservation of the purity of elections by the registration of voters, and by such other means as may be deemed expedient; and to make effective the provisions of the Constitution disfranchising certain persons, or disqualifying them from holding office. Md., 264. --Until such a system of registration shall have been established, every person shall, at the time of offering to vote, and before his vote shall be received, take an oath in the terms prescribed in the next succeeding section. After such a system shall have been established, the said oath shall be taken and subscribed by the voter at each time of his registration. Any person declining to take said oath shall not be allowed to vote, or to be registered as a qualified voter. The taking thereof shall not be deemed conclusive evidence of the right of the person to vote, or to be registered as a voter; but such right may, notwithstanding, be disproved. And, after a system of registration shall have been established, all evidence for and against the right of any person as a qualified

voter, shall be heard and passed upon by the registering officer or officers, and not by the judges of election. The registering officer or officers shall keep a register of the names of persons rejected as voters, and the same shall be certified to the judges of election; and they shall receive the ballot of any such rejected voter offering to vote, marking the same and certifying the vote thereby given, as rejected; but no such vote shall be received, unless the party offering it take, at the time, the oath of loyalty hereinafter prescribed. Mo., 349.

-The Legislature shall provide by law that the names and residence of all qualified electors shall be registered, in order to entitle them to vote; but the registry shall be free of cost to the elector. La., 227; Md.,

256.

-But no person shall be excluded from voting at any election on account of not being registered until the General Assembly shall have passed an act of registration, and the same shall have been carried into effect, after which no person shall vote unless his name appears on the register. Md., 256.

Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established; to preserve the purity of election, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further oaths as may be deemed necessary as a test or electoral qualification. Nev., 381. -The General Assembly shall have full power to provide for a registry of voters; to prescribe the manner of conducting the elections; the form of certificates; the nature of the evidence to be required in case of a dispute as to the right of any person to vote, and generally to enact all laws necessary to carry this article into effect, and to prevent abuse, corruption and fraud in voting. [R. I., 475.] Provided, however, That the General Assembly may, by requiring a registry of voters, or other suitable legislation, guard against frauds in elections and usurpations of the right of suffrage; may impose disqualification to vote as a punishment for crime, and may prescribe additional qualifications for voters in municipal elections. S. C., 486.

-Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law. Tex., 509.

-The manner of calling and conducting the meetings for the choice of Representatives, and of ascertaining their election, shall be prescribed by law. Mass., 299. -Elections to be held in one day. La., 225; Miss., 344; Mo., 348.

-All elections by the people shall be held between the hours of six o'clock in the morning and seven o'clock in the evening. Ky., 220.

-At each of the elections provided for in this schedule the polls shall be opened between the hours of nine and ten o'clock A. M., and closed at sunset. Kan., 207.

-No special election, State, county or municipal, shall be held on a Monday. Mo., 348.

---It shall be proper and legal for the voters of any county, when it shall be unsafe by reason of the presence of insurgent troops to open a poll or polls at the usual places of holding elections, to open the same in any other part of said county. Va., 545. -The election for Senators, next after the first apportionment under this Constitution, shall be general throughout the State, and at the same time that the election for Representatives is held, and thereafter, there shall be a biennial election for Senators to fill the places of those whose term of service may have expired. Ky., 211.

-The Legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the Governor the officers elected. Mass., 288.

-Elections for the members of the General Assembly shall be held at the several election precincts established by law. La., 226.

-The existing laws relative to the manner of notifying, holding and conducting elections, making returns, and canvassing votes, shall be in force, and observed in respect to the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two, so far as the same are applicable. And the present Legislature shall pass such other and further laws as may be requisite for the execution of the provisions of this Constitution in respect to elections. N. Y., (1821), 44.

[The General Assembly may change the day of election]. Ga., 143.

-The General Assembly, as occasion may require, shall cause every city or town, the white population of which exceeds five thousand, to be laid off into convenient wards, and a separate place of voting to be established in each; and thereafter no inhabitant of such city or town shall be allowed to vote except in the ward in which he resides. Va., 534, 541. -All elections by the people shall be held at such times and places in the several counties, cities, or towns, as are now, or may hereafter be designated by law. Tex., 507.

-The names of the persons voted for as Governor, Lieutenant-Governor, Secretary of State, AttorneyGeneral, and General Treasurer, shall be placed upon one ticket, and all votes for these officers shall in open town or ward meeting, be sealed up by the moderators and town clerks, and by the wardens and ward clerks, who shall certify the same, and deliver or send the same to the Secretary of State, whose duty it shall be securely to keep and deliver the same to the grand committee after the organization of the two Houses, at the annual May session; and it shall be the duty of the two Houses at said session, after their organization, upon the request of either House, to join in grand committee for the purpose of counting and declaring such votes, and of electing other officers. R. I., 478.

-At said election the polls shall be opened, the election held, returns made, and certificates issued in all respects as provided by law for opening, closing and conducting elections and making returns of the same, except as hereinbefore specified, and excepting also that polls may be opened and elections held at

any point or points, in any of the counties where precincts may be established as provided by law, ten days previous to the day of election, and not less than ten miles from the place of voting in any established precinct. Min., 332.

-In all elections held by the people, under this Constitution, a majority of all the electors voting shall be necessary to the election of the person voted for. R. I., 479; Or., 449; Vt., 528.

-In all elections of civil officers by the people of this Commonwealth, whose election is provided for by the Constitution, the person having the highest number of votes shall be deemed and declared to be elected. Mass., 297.

-The return of every election for Governor and Lieutenant-Governor shall be sealed up and transmitted to the seat of government of the State, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly. Iowa, 187.

-The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges, the same shall be filled by the electors present. Kan., 207.

-No vote in any election by the people shall be cast up for, nor shall any certificate of election be granted to any person, who shall not, within fifteen days next preceding such election, have taken, subscribed and filed said oath [of allegiance]. Mo., 350.

-It shall be the duty of the judges and clerks of election, in addition to the returns required by law for each precinct, to forward to the Secretary of the Territory by mail, immediately after the close of the election, a certified copy of the poll-book, containing the name of each person who has voted in the precinct, and the number of votes polled for and against the adoption of this Constitution. Min., 332. -The returns of election for Senators and members of Assembly shall be transmitted to the Clerk of the Board of Supervisors, or County Commissioners, as the case may be, and the votes shall be canvassed, and certificates of election issued, as now provided by law. Wis., 572.

-The returns of every election for the officers named in the foregoing section, shall be made to the Secretary of State, and by him transmitted to the Speaker of the House of Representatives, who shall cause the same to be opened and canvassed before both Houses of the Legislature, and the result declared within three days after each House shall be organized. Min., 323.

-The Treasurer, Secretary and Comptroller, for the time being, shall canvass the votes publicly. The twelve persons having the greatest number of votes for Senators shall be declared to be elected. But in cases where no choice is made by the electors in consequence of an equality of votes, the House of Representatives shall designate, by ballot, which of the candidates having such equal number of votes shall be declared to be elected. The return of votes and the result of the canvass shall be submitted to the House of Representatives, and also to the Senate, on the first day of the session of the General Assembly; and each House shall be the final judge of the election returns and qualifications of its own members. Ct., 109.

Until otherwise provided by law, elections for judges and clerks shall be held, and the poll-books returned, as is provided for Governor, and the abstract therefrom certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall declare the result, and issue commissions to the persons elected. Ohio, 445. -The returns of all elections of Governor, Lieutenant-Governor, and other State officers shall be made to the Secretary of State in such manner as may be prescribed by law. Miss., 343; Mo. 356.

--Returns of elections for all civil officers elected by the people who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State. Ala., 82. -Contested elections for Governor shall be determined by the Legislative Assembly in such manner as may be prescribed by law. Or., 452. -Contested elections for Governor and LieutenantGovernor shall be determined by both Houses of the General Assembly, according to such regulations as may be established by law. Ky., 214. -The returns of the votes for Governor at the said next ensuing election, shall be transmitted to the Secretary of State, the votes counted, and the election declared, in the manner now provided by law in the case of the election of Electors of President and Vice-President. N. J., 421.

--The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses, and the person having the highest number of votes and being constitutionally eligible, shall be the Governor, and shall qualify in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable. Md., 258.

-The returns of every election for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of Government by the returning officers, directed to the President of the Senate, who during the first week of the session, shall open and publish them, and declare the result in the presence of a majority of the members of each House of the Legislature. Neb., 373.

-If no person shall have a majority of votes for Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office, except when such a result is produced by rejecting the entire vote of any town, city or ward, for informality or illegality, in which case a new election by the electors throughout the State shall be ordered; and in case no person shall have a majority of votes for Lieutenant-Governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office. R. I., 478.

-The General Assembly shall, at its first session after the adoption of this Constitution, provide by law for the mode of voting by ballot, and also for the manner of returning, canvassing and certifying the number of votes cast at any election; and until said law shall be passed all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the General Assembly shall provide otherwise, as herein directed. Ill., 168.

And the Governor shall exclude from the count the votes of any county or city the return judges of which shall fail to certify in the returns, as prescribed by this schedule, that all persons who have taken the oath prescribed to be taken, unless the Governor shall be satisfied that such oath was actually administered, and that the failure to make the certificate has been from inadvertence or mistake. Md., 278. ---The returns of every election for Governor shall be sealed up and transmitted to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in the presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses of the General Assembly, in such manner as shall be prescribed by law. Ark., 88; (nearly similar) Cal., 100; S. C., 485.

--The ballots for Senators and Representatives in the several towns, shall, in each case after the polls are declared to be closed, be counted by the moderator, who shall announce the result, and the clerk shall give certificates to the persons elected. If, in any case there be no election, the polls may be re-opened, and the like proceedings shall be had until an election

shall take place; Provided, however, that an adjournment or adjournments of the election may be made at a time not exceeding seven days from the first meeting. R. I., 478.

-The vote for Governor, Lieutenant-Governor and Treasurer of the State shall be sorted and counted, and the result declared by a committee appointed by the Senate and House of Representatives. If at any time there shall be no election by the freemen, of Governor, Lieutenant-Governor and Treasurer of the State, the Senate and House of Representatives shall by a joint ballot, elect to fill the office not filled by the freemen, as aforesaid, one of the three candidates for such office (if there be so many), for whom the greatest number of votes shall have been returned. Vt., 529.

-The General Assembly shall make provision for all cases of contested elections, of any of the officers not herein provided for. Md., 264; (nearly similar), Ohio, 434.

-Contested elections of Judges of the Supreme Court shall be tried by the Senate, and of Judges of the Circuit Court, by the Supreme Court, and the General Assembly shall prescribe the manner of proceeding therein. Ill., 169.

-The General Assembly shall provide by law for the trial of any contested election of Auditor, Register, Treasurer, Attorney-General, Judges of Circuit Courts, and all other officers not otherwise herein specified, Ky., 221.

-Returns of all elections by the people shall be made to the Secretary of State, for the time being, except in those cases otherwise provided for in this Constitution, or which shall be otherwise directed by law. Ky., 220; (nearly similar), Ark., 93.

--Returns of elections for members of Congress and the General Assembly shall be made to the Secretary of State, in manner to be prescribed by law. Fl., 136; La., 229; Mo., 357.

Until otherwise provided by law, an abstract of the returns of every election, for the officers named in the foregoing section, shall be sealed up and transmitted by the clerks of the boards of canvassers of the several counties to the Secretary of State, who, with the Lieutenant-Governor and Attorney-General, shall constitute a board of State Canvassers, whose duty it shall be to meet at the State Capital on the second Tuesday of December succeeding each election for State officers and canvass the vote for such officers and proclaim the result; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes for said office. Kan., 198.

-The town and ward clerks shall also keep a correct list or register of all persons voting for general officers, and shall transmit a copy thereof to the General Assembly, on or before the first day of said May session. R. I., 478.

-That returns of the election of Justices of the Supreme and Judges of the Circuit Courts, Secretary of State, Auditor, and Treasurer, shall be made and canvassed, as is now provided by law for Representatives in Congress; and returns for members of the General Assembly and county officers shall be made and canvassed as is now provided by law. Ill., 168.

In case two or more persons have an equal and the highest number of votes for any office, as canvassed by the Board of State Canvassers, the Legislature, in joint convention, shall choose one of said persons to fill such office. When the determination of the Board of State Canvassers is contested, the Legislature, in joint convention, shall decide which person is elected. Mich., 308.

-The Legislature shall prescribe by law the manner in which evidence in cases of contested seats in either House shall be taken. Min., 322. -In case of a contested election, the person only shall receive from the State per diem compensation and mileage, who is declared to be entitled to a seat by the House in which the contest takes place. Mich., 303.

-The Legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making the returns to the Governor of the officers elected; and if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the Governor shall appoint suitable persons to fill such offices. Me., 246. -It shall not be necessary for the town or ward clerks to keep and transmit to the General Assembly a list or register of all persons voting for general officers; but the General Assembly shall have power to pass such laws on the subject as they may deem expedient. R. I., 481.

-The General Assembly shall direct, by law, the mode and manner of conducting and making due returns to the Secretary of State, of all elections of the Judges and Clerk or Clerks of the Court of Appeals, and of determining contested elections of any of these officers, Ky., 216.

-If two or more persons shall have the highest and an equal number of votes, one of them shall be chosen Governor by the Senate and House of Delegates; and all questions in relation to the eligibility of Governor, and to the returns of said election, and to the number and legality of votes therein given, shall be determined by the House of Delegates; and if the person or persons having the highest number of votes be ineligible, the Governor shall be chosen by the Senate and House of Delegates. Every election of Governor by the General Assembly shall be determined by a joint majority of the Senate and House of Delegates, and the vote shall be taken viva voce. But if two or more persons shall have the highest and an equal number of votes, then a second vote shall be taken, which shall be confined to the persons having an equal number; and if the votes should be again equal, then the election of Governor shall be determined by lot between those who shall have the highest and an equal number on the first vote. Md., 259.

-The manner of conducting and making returns of elections, of determining contested elections, and of filling vacancies in office, in cases not specially provided for by this Constitution, shall be prescribed by law; but special elections to fill vacancies in the office of judge of any court shall be for a full term. And the General Assembly may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution. Va., 539.

-The person having the highest number of votes for Governor shall be elected; but in case two or more persons shall have an equal and the highest number of votes for Governor, the two Houses of the Legislative Assembly, at the next regular session thereof, shall forthwith, by joint vote, proceed to elect one of the said persons Governor. Or., 452.

--Should there be no session of the General Assembly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the Secretary of State, and opened, and the result declared by the Governor, in such manner as may be provided by law. Ohio, 435; Neb., 371. -The General Assembly shall provide by law for the making of the returns by the proper officers, of the election of all officers to be elected under this Constitution. Ky., 221.

[Detailed provisions made for returning and canvassing elections.] Ct, 108, 114, 115; Mass., 284, 286; Me, 242, 244, 252; N. H., 404; R. I., 474; V., 528, 530.

-No member of Congress, or person holding any office under the United States, or minister of any religious society, shall be eligible to the office of Governor. Ky., 213.

-No member of Congress, nor person holding or exercising any office of profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State. Tex., 516. -No member of Congress, nor any person holding any office of profit or trust under the United States (postmasters excepted) or under any foreign power; no person convicted of any infamous crime in any court within the United States, and no person being a defaulter to the United States, or to this State, or to any county or town therein, or to any State or Territory within the United States, shall be eligible to any office of trust, profit or honor in this State. Wis., 570.

-No member of Congress, nor person holding any office under the United States (post officers excepted), nor office of profit under this State, Justices of the Peace, Notaries Public, Coroners, and officers of the militia, excepted, shall have a seat in either House during his being such member of Congress, or his continuing in such office. Me., 244. -No member of Congress or officer of the United States shall be eligible to a seat in the Legislature. If any person, after his election to the Legislature, be elected to Congress, or elected or appointed to any office under the United States, his acceptance thereof shall vacate his seat. Kan., 199.

-No member of Congress, nor any person holding any office of profit or trust under the United States (the office of Postmaster excepted), or any other State of the Union, or under any foreign power, shall hold or exercise any office of trust or profit under this State. Miss., 343.

-No member of Congress or person holding any civil or military office under the United States shall be eligible as a Senator or Delegate; and if any person shall, after his election as a Senator or Delegate, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. Md., 261.

-No member of Congress or person holding an office under the United States, or this State, shall exercise the office of Governor; and in case the Governor, or person administering the government, shall accept of any office under the United States or this State, his office of Governor shall thereupon be vacant. N. Y., 416.

-No member of Congress, or person holding_any lucrative office under the United States or this State (militia officers, Justices of the Peace, and Notaries Public excepted), shall be eligible to either House of the General Assembly, or shall remain a member thereof after having accepted any such office, or a seat in either House of Congress. Mo., 353. -No member of Congress, or of the Legislature of this State, nor any person holding any office under the United States (post offices excepted), nor any civil officers under this State (Justices of the Peace and Notaries Public excepted), shall be Counsellors. And no Counsellor shall be appointed to any office during the time for which he shall have been elected. Me., 245.

-No member of Congress or person holding or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the General Assembly of this State, or

OFFICE.

-That no person in the State shall hold more than one lucrative office at any one time; Provided. That no appointment in the militia, or of the office of a Justice of the Peace, shall be considered as a lucrative office. N. C., 426.

and no person in this State shall ever hold two offices of profit at the same time, except the office of Justice of the Peace, Notary Public, Constable, and Militia offices, except by special act of the Legislature; but the Legislature shall never unite in the same person two offices, the duties of which are incompatible. Fla., 136.