thofe then aftualiy in office. At the end of each quarter their falary fliall be divided into equal portions by the number of days on which, during that quarter, a council has been held, or required by the governor, or by their own adjournment, and one of thofe portions fliall be withheld from each member for every of the faid days which, without caufe allowed good by the board, he failed to attend, or departed before adjournment without their leave.
If no board fliould have been held during that quarter, there fliall be no deduftion.
They {hall annually choofe a Preftdenty who fhall prefide in council in the abfence of the governor, and who in cafe of his oiRce becoming vacant by death or other- wife, fhall have authority to exercife all his funftions, till a new appointment be made, as he fhall alfo in any interval during which the governor fhall declare himfelf unable to attend to the duties of his oiBce.
The Judiciary powers fhall be exercifed by