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and during his attendance on the houfe; or in refcuing any person arrested by order of the house, knowing them to be fuch. The fenate, governor and council, Thall have the fame powers in like cafes: provided, that no imprisonment by either, for any offence, exceed ten days

13. The journals of the proceedings, and all public acts of both houfes of the legislature, fhall be printed and pub. lifhed immediately after every adjournment or prorogation; and on motion made by any one member, the yeas and nays on any question fhall be entered in the journals:

14. Any member of the fenate or houfe of reprefentatives, shall have a right on motion made at the time for that purpose, to have his proteft or diffent, with the reafons, against any vote, resolve, or bill paffed, entered on the journal

SENAT E.

1. The fenate shall confist of twelve members, who shall hold their office for one year from the firft Wednesday of June next enfuing their election.

2. And that the ftate may be equally represented in the fenate, the legiflature fhall, from time to time, divide the ftate into twelve districts, as nearly equal as may be with out dividing towns and unincorporated places; and in ma king this divifion, they fhall govern themselves by the proportion of direct taxes paid by the faid diftricts, and timely make known to the inhabitants of the ftate the limits of each district.

3. The freeholders and other inhabitants of each dif trict, qualified as in this conftitution is provided, shall annually give in their votes for a fenator, at fome meeting hol den in the month of March. The fenate fhall be the firft branch of the legislature; and the fenators fhall be chofen in the following manner.

4. Every male inhabitant of each town, and parish with town privileges, and places unincorporated, in this state, of twenty-one years of age and upwards, excepting paupers, and perfons excufed from paying taxes at their own requeft, fhall have a right, at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the fenator in the district whereof he is a member.

5. Provided nevertheless, that no perfon fhall be capa ble of being elected a fenator, who is not of the protestant religion, and feized of a freehold eftate in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who fhall not have been an inhabitant of this ftate for feven years immediately preceding his election, and at the time thereof he fhall be an inhabitant of the diftrict for which he fhall be chofen.

6. And every perfon, qualified as the conftitution provides, fhall be confidered an inhabitant for the purpose of electing and being elected into any office or place within this ftate, in the town, parifh and plantation, where he dwelleth and hath his home."

7. And the inhabitants of plantations and places unincorporated, qualified as this conftitution provides, who are or fhall be required to affefs taxes on themselves towards the fupport of government, or fhall be taxed therefor, fhall have the fame privilege of voting for fenators, in the plantations and places wherein they refide, as the inhabitants of the refpective towns and parifhes aforefaid have.

8. And the meetings of fuch plantations and places for that purpose shall be holden annually in the month of March, at fuch places refpectively therein as the affeffors thereof fhall direct; which affeffors fhall have like authority for notifying the electors, collecting and returning the votes, as the felectmen and town clerks have in their feveral towns by this conftitution.

9. The meetings for the choice of governor, council, and fenators, fhall be warned by warrant from the felectmen, and governed by a moderator, who fhall in the prefence of the felectmen (whofe duty it fhall be to attend) in open meeting, receive the votes of all the inhabitants of fuch towns and parishes prefent, and qualified to vote for fenators;

10. And fhall, in faid meetings, in prefence of the faid felectmen, and of the town clerk in faid meeting, fort and count the faid votes, and make a public declaration thereof, with the name of every perfon voted for, and the number of votes for each person;

11.

And the town clerk fhall make a fair record of the fame at large, in the town book, and fhall make out a fair attested copy thereof, to be by him fealed and directed to he fecretary of the ftate, with a fuperfcription expreffing the

purport thereof and the faid town clerk fhall caufe fuch attested copy to be delivered to the sheriff of the county in which fuch town or parish fhall lie, thirty days at least before the first Wednesday of June, or to the secretary of state at least twenty days before the faid first Wednesday of June: 12. And the fheriff of each county, or his deputy, fhall deliver all fuch certificates, by him received, into the fecretary's office, at least twenty days before the first Wednesday of June.

13. And that there may be a due meeting of fenators on the first Wednesday of June annually, the governor, and a majority of the council for the time being, fhall, as foon as may be, examine the returned copies of fuch records, and fourteen days before the first Wednesday of June, he shall iffue his fummons to fuch perfons as appear to be chosen fenators, by a majority of votes, to attend and take their feats on that day.

14. Provided nevertheless, that for the first year the faid returned copies fhall be examined by the prefident, and a majority of the council then in office; and the faid prefident fhall in like manner notify the perfons elected, to attend and take their feats accordingly.

15. And in cafe there fhall not appear to be a fenator elected by a majority of votes, for any district, the deficien. cy fhall be fupplied in the following manner. The members

of the house of reprefentatives, and fuch fenators as shall be declared elected, shall take the names of the two perfons hav ing the highest number of votes in the diftrict, and out of them fhall elect, by joint ballot, the fenator wanted for fuch

district;

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16. And in this manner all fuch vacancies fhall be filled every district of the state, and in like manner all vacancies in the fenate, arifing by death, removal out of the state, or otherwife, fhall be fupplied as foon as may be after fuch vacancies happen.

17. The fenate shall be final judges of the elections, returns and qualifications of their own members, as pointed out in this conftitution. The fenate fhall have power to ad. journ themselves, provided fuch adjournment do not exceed two days at a time.

18. Provided nevertheless, that whenever they fhall fit on the trial of any impeachment, they may adjourn to fuc

time and place as they may think proper, although the legiflature be not affembled on fuch day, or at fuch place.

19. The fenate fhall appoint their prefident and other officers, and determine their own rules of proceedings: and not less than feven members of the fenate fhall make a querum for doing bufinefs; and when lefs than eight fenators hall be prefent, the affent of five at leaft, fhall be necellary to render their acts and proceedings valid.

20. The fenate fhall be a court, with full power and authority to hear, try and determine, all impeachments made by the house of reprefentatives again any officer or officers of the state, for bribery, corruption, mal-practice, or maladministration, in office; with full power to iffue fummons, or compulsory procefs, for convening witneffes before them: but previous to the trial of any fuch impeachment, the members of the fenate fhall refpectively be fworn truly and im partially to try and determine the charge in question, according to evidence.

21. And every officer, impeached for bribery, corrup tion, mal-practice or mal-adminiftration in office, fhall be ferved with an attested copy of the impeachment, and order of fenate thereon, with fuch citation as the fenate may direct, fetting forth the time and place of their fitting to try the impeachment ;

22. Which fervice shall be made by the fheriff, or fuch other sworn officer as the fenate may appoint, at least fourteen days prévious to the time of trial; and fuch citation being duly ferved and returned, the fenate may proceed inthe hearing of the impeachment, giving the perfon impeached (if he fhall appear) full liberty of producing witneffes and proofs, and of making his defence, by himself and counsel, and may alfo, on his refufing or neglecting to appear, hear the proofs in fupport of the impeachment, and render judgment thereon, his non-appearance notwithstanding;

23. And fuch judgment fhall have the fame force and effect, as if the perfon impeached had appeared and pleaded in the trial. Their judgment, however, fhall not extend further than removal from office, difqualification to hold or enjoy any place of honor, truft, or profit, under this ftate; but the party fo convicted, fhall nevertheless be

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liable to indictment, trial, judgment, and punishment, according to the laws of the land.

24. Whenever the governor shall be impeached, the chief juftice of the fupreme judicial court fhall, during the trial, prefide in the fenate, but have no vote therein.

EXECUTIVE POWER.

GOVERNOR.

1. There fhall be a fupreme executive magiftrate, who fhall be styled the governor of the state of New-Hampshire, and whofe title fhall be his excellency.

2. The governor fhall be chofen annually in the month of March; and the votes for governor fhall be received, forted, counted, certified and returned, in the fame manner as the votes for fenators; and the fecretary fhall lay the fame before the fenate and house of representatives, on the firil Wednefday of June, to be by them examined, and in cafe of an election by a majority of votes through the state, the choice fhall be by them declared and published.

3. And the qualifications of electors of the governor fhall be the fame as thofe for fenators; and if no perfon fhall have a majority of votes, the fenate and house of reprefentatives fhall by joint ballot elect one of the two perfons having the highest number of votes, who fhall be declared governor.

4. And no perfon fhall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this state for seven years next preceding, and unless he fhall be of the age of thirty years, and unless he fhall at the fame time have an eftate of the value of five hundred pounds, one half of which shall confist of a freehold in his own right within this state, and unless he shall be of the protestant religion.

5. In cafes of difagreement between the two houses with regard to the time or place of adjournment or prorogation, the governor, with advice of council, fhall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he fhall diffolve the fame feven days before the faid first Wednesday of June.

6. And in cafe of any infectious diftemper prevailing in

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