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filled the governor fhall then be elected, provided there fhall be no choice of him by the people and afterwards the two houses fhall proceed to fill the vacancy (if any) in the council.

SECRETARY, TREASURER, COMMISSARY-GENERAL.

1.

The fecretary, treasurer, and commissary-general, fhall be chofen by joint ballot of the fenators and reprefen tatives affembled in one room. The records of the ftate fhall be kept in the office of the secretary, and he shall attend the governor and council, the fenate, and representatives, in perfon or by deputy, as they may require.

2. The fecretary of the ftate fhall at all times have a deputy, to be by him appointed; for whofe conduct in office he shall be responsible: and in cafe of the death, removal, or inability, of the fecretary, his deputy fhall exercise all the duties of the office of secretary of this state, till another fhall be appointed.

3. The fecretary, before he enters on the bufinefs of his office, fhall give bond with fufficient fureties, in a reafonable fum, for the ufe of the state, for the punctual performance of his trust.

COUNTY TREASURER.

1. The county treasurers and registers of deeds, fhall be elected by the inhabitants of the feveral towns, in the feveral counties in the ftate, according to the method now prac tifed, and the laws of the ftate.

2. Provided nevertheless, the legislature fhall have authority to alter the manner of certifying the votes and the mode of electing thofe officers; but not fo as to deprive the people of the right they now have of electing them.

3. And the legislature, on the application of the major part of the inhabitants of any county, fhall have authority to divide the fame into two districts for registering deeds, if to them it fhall appear necessary; each district to elect a regifter of deeds :

4. And before they enter on the business of their offices, fhall be respectively fworn faithfully to discharge the duties thereof, and fhall feverally give bond, with fufficient fureties, in a reasonable fum, for the ufe of the county, for the punctual performance of their respective trufts.

JUDICIARY POWER.

1. The tenure that all commiffioned officers fhall have by law in their offices, fhall be expreffed in their respective commiffions-all judicial officers, duly appointed, commiffioned and fworn, fhall hold their offices during good bchavior, excepting those concerning whom there is a different provifion made in this conftitution provided nevertheless, the governor, with confent of council, may remove them on the address of both houfes of the legislature.

2. Each branch of the legiflature, as well as the gov. ernor and council, fhall have authority to require the opinions of the juftices of the fuperior court, on important quef tions of law and on folemn occafions.

3. In order that the people may not fuffer from the long continuance in place of any justice of the peace, who shall fail in difcharging the important duties of his office with ability and fidelity, all commiffions of juftices of the peace shall become void at the expiration of five years from their refpective dates, and on the expiration of any commiffion, the fame may if neceffary be renewed, or another perfon appointed, as fhall most conduce to the well being of the state.

4. All caufes of marriage, divorce and alimony, and all appeals from the refpective judges of probate, shall be heard and tried by the fuperior court till the legiflature shall by law make other provision.

5. The general court are empowered to give to juftices of the peace, jurisdiction in civil caufes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned; but with right of appeal to either party, to fome other court, so that a trial by jury in the last refort may be had.

6. No perfon fhall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of feventy years. No judge of any court, or justice of the peace, fhall act as an attorney, or be of counsel to any party, or originate any civil fuit, in matters which fhall come or be brought before him as judge, or justice of the peace.

7. All matters relating to the probate of wills and granting letters of administration, shall be exercifed by the judges of probate, in fuch manner as the legislature have directed,

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or may hereafter direct: and the judges of probate shall hold their courts at fuch place or places, on fuch fixed days, as the conveniency of the people may require and the legiflature from time to time appoint.

8. No judge, or register of probate, fhall be of counfel, act as advocate, or receive any fees as advocate or counfel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or register.

CLERKS OF COURT.

9. The judges of the courts (thofe of probate excepted) fhall appoint their respective clerks, to hold their office during pleasure and no fuch clerk fhall act as an attorney, or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.

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ENCOURAGEMENT OF LITERATURE.

1. Knowledge and learning, generally diffused through a community, being effential to the prefervation of a free government; and fpreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end;

2. It fhall be the duty of the legiilators and magiftrates, in all future periods of this government, to cherish the intereft of literature and the fciences, and all feminaries and public fchools, to encourage private and public inftitutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natu ral hiftory of the country;

3. To countenance and inculcate the principles of hu manity and general benevolence, public and private chari ty, industry and economy, honefty and punctuality, fincer. ity, fobriety, and all focial affections, and generous fenti ments among the people.

Oaths and fubfcriptions, exclusion from offices, Commiffions, Writs. 1. Any perfon chofen governor, counfellor, fenator, o representative, military or civil officer, (town officers ex cepted), accepting the truft, fhall, before he proceeds to ex ecute the duties of his office, make and fubfcribe the folow ing declaration.

2. I, A. B. do folemnly fwear, that I will bear faith and true allegiance to the state of New-Hampfhire, and will fupport the conftitution thereof. So help me God. I, A. B. do folemnly and fincerely fwear and affirm, that I will faithfully and impartially difcharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this conftitution, and the laws of the ftate of New-Hampshire. So help me God.

3. Any perfon having taken and fubfcribed the oath of allegiance, and the fame being filed in the fecretary's office, fhall not be obliged to take faid oath again.

4. Provided always, when any perfon chofen or appointed as aforefaid, fhall be of the denomination called Quakers, or shall be scrupulous of fwearing, and fhall decline taking the faid oaths, fuch perfon fhall take and subscribe them, omitting the word fwear, and likewife the words So help me God, fubjoining inttead thereof, This I do under the pains and penalties of perjury.

5. And the oaths or affirmations fhall be taken and fubfcribed by the governor, before the prefident of the senate, in prefence of both houfes of the legiflature, and by the fenators and representatives first elected under this conftitution, as altered and amended, before the prefident of the state, and a majority of the council then in office, and forever afterwards before the governor and council for the time being; and by all other officers, before fuch perfons and in fuch manner as the legislature fhall from time to time appoint.

6. All commiffions fhall be in the name of the ftate of New-Hampihire, figned by the governor and attefted by the fecretary, or his deputy, and shall have the great feal of the ftate affixed thereto.

7. All writs iffuing out of the clerk's office in any of the courts of law, fhall be in the name of the state of NewHampshire; fhall be under the feal of the court whence they iffue, and bear teft of the chief, first, or fenior juftice of the court; but when fuch juftice fhall be interested, then the writ fhall bear teft of fome, other juftice, of the court to which the fame fhall be returnable; and be figned by the clerk of fuch court.

8. All indictments, prefentments, and information, shall conclude, against the peace and dignity of the ftate. The ef tates of fuch perfons as may deftroy their own lives, fhall not for that offence be forfeited, but defcend or ascend in the fame manner as if fuch perfons had died in a natural way. Nor fhall any article which fhall accidentally occafion the death of any perfon, be henceforth deemed a deodand, or in any wife forfeited on account of fuch misfor

tune.

9. All the laws which have heretofore been adopted, used, and approved, in the province, colony, or state of New-Hampshire, and ufually practifed on in the courts of law, fhall remain and be in full force, till altered and repealed by the legislature;

10. Such parts thereof only excepted, as are repugnant to the rights and liberties contained in this conftitution : provided that nothing herein contained, when compared with the twenty-third article in the bill of rights, fhall be conftrued to affect the laws already made refpecting the perfons, or eftates, of abfentees.

11. The privilege and benefit of the habeas corpus, shall be enjoyed in this ftate, in the most free, eafy, cheap, expeditious, and ample manner, and shall not be fufpended by the legislature, except on the most urgent and preffing occafions, and for a time not exceeding three months.

12. The enacting style in making and paffing acts, stat utes, and laws, fhall be-Be it enacted by the fenate and houfe of reprefentatives, in general court convened.

13. No governor, or judge of the fupreme judicial court, fhall hold any office or place under the authority of this ftate, except fuch as by this conftitution they are admitted to hold, faving that the judges of the faid court may hold the office of juftice of the peace throughout the state; nor fhall they hold any place or office, or receive any penfion or falary, from any other ftate, government, or power, what

ever.

14. No perfon fhall be capable of exercifing at the fame time, more than one of the following offices within this ftate, judge of probate, fheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or