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filled : the governor shall then be elected, provided there shall be no choice of him by the people : and afterwards the two houses shall proceed to fill the vacancy (if any) in the council. SECRETARY, TREASURER, COMMISSARY-GEN
ERAL.. 1. The secretary, treasurer, and commissary-general, shall be chosen by joint ballot of the senators and representatives assembled in one room. The records of the state shall be kept in the office of the secretary, and he shall attend the governor and council, the senate, and representatives, in person or by deputy, as they may require.
2. The secretary of the state shall at all times have a deputy, to be by him appointed ; for whose conduct in of fice he shall be responsible : and in case of the death, removal, or inability, of the secretary, his deputy shall exercise
all the duties of the office of secretary of this state, till an· other shall be appointed..
3. The secretary, before he enters on the business of his office, shall give bond with sufficient fureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust.
- COUNTY TREASURER. 1. The county treasurers and registers of deeds, shall be elected by the inhabitants of the several towns, in the feveral counties in the state, according to the method now practised, and the laws of the state.
2. Provided nevertheless, the legislature shall have authority to alter the manner of certifying the votes and the mode of electing those 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, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear neceffary ; each district to elect a reg. ister of deeds :
4. And before they enter on the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give_bond, with sufficient fureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts.
JUDICIARY POWER. 1. The tenure that all commiffioned officers shall have by law in their offices, shall be expresfed in their respective commissions--all judicial officers, duly appointed, commiffioned and sworn, shall hold their offices during good bchavior, excepting those concerning whom there is a different provision made in this conftitution : provided nevertheless, the governor, with consent of council, may remove them on the address of both houses of the legislature.
2. Each branch of the legislature, as well as the gov. ernor and council, shall have authority to require the opinions of the justices of the superior court, on important questions of law and on solemn occasions.
3. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with a. bility and fidelity, all commissions of justices of the peace Thall become void at the expiration of five years from their respective dates, and on the expiration of any commission, the same may if necessary be renewed, or another person ap. pointed, as shall most conduce to the well being of the state.
4. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court till the legislature fhall by law make other provision.
5. The general court are empowered to give to justices of the peace, jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real es. tate is not concerned ; but with right of appeal to either para ty, to some other court, fo that a trial by jury in the last re. fort may be had
to 6. No person shall hold the office of judge of any court, por judge of probate, or sheriff of any county, after he has attained the age of seventy years. No judge of any court, or justice of the peace, shall act as an attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him as judge, or juftice of the peace.
7. All matters relating to the probate of wills and granting letters of administration, shall be exercised by the judges. of probate, in such manner as the legislature have directed,
or may hereafter direct : and the judges of probate shall hold their courts at such place or places, on such fixed days, as the conveniency of the people may require and the legislature from time to time appoint.
8. No judge, or register of probate, shall be of coun. fel, act as advocate, or receive any fees as advocate or coun. sel, in any probate business which is pending, or may be brought into any conrt of probate in the county of which he is judge or register.'
CLERKS OF COURT. 9. The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their office dur. ing pleasure : and no such clerk shall 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.
ENCOURAGEMENT OF LITERATURE. • l. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; • 2. It shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and 'public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country ;
3. To countenance and inculcate the principles of hu. manity and general benevolence, public and private chari ty, industry and economy, honesty and punctuality, sincer ity, fobriety, and all social affections, and generous senti. ments among the people.
Ocths and subscriptions, exclufion from offices, Commissions,• Writs.
1. Any person chosen governor, counsellor, fenator, oi representative, military or civil officer, (town officers ex cepted), accepting the trust, shall, before he proceeds to ex ecute the duties of his office, make and subscribe the fol. Fox ing declaration ,
2. I, A. B. do folemnly swear, that I will bear faith and true allegiance to the state of New-Hampshire, and will fupport the constitution thereof. So help me God. I, A. B. do folemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as
according to the best of my abilities, agreeably to the rules and regulations of this constitution, and the laws of the state of New Hampshire. So help me God.
3. Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, shall not be obliged to take faid oath again.
4. Provided always, when any person chosen or appointed as aforesaid, fhall be of the denomination called Qużkers, or shall be scrupulous of fwearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word swear, and likewise the words s'o help me God, fubjoining instead thereof, This I do under the pains and penalties of perjury. :
5. And the oaths or affirmations shall be taken and subscribed by the governor, before the president of the senate, in presence of both houses of the legislature, and by the senators and representatives first elected under this constitution, as altered and amended, before the president of the state, and a majority of the council then in office, and forever af. terwards before the governor and council for the time being ; and by all other officers, before such persons and in such manner as the legislature shall from time to time appoint.
6. All commissions shall be in the name of the state of New-Hampihire, figned by the governor and attested by the secretary, or his deputy, and shall have the great seal of the ftate affixed thereco.
7. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the state of NewHampshire ; shall be under the seal of the court whence they issue, and bear test of the chief, first, or senior justice of the court ; but when such justice shall be interested, then the writ shall bear test of fome, other justice of the court to which the fame Thall be returnable ; and be signed by the clerk of such court.
8. All indictments, presentments, and information, shall conclude, against the peace and dignity of the state. The ef. tates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner as if such persons had died in a natural way. Nor shall any article which shall accidentally occafion the death of any person, be henceforth deemed a deodand, or in any wife forfeited on account of such misfor. tune.
9. All the laws which have heretofore been adopted, used, and approved, in the province, colony, or state of New-Hampshire, and usually practised on in the courts of law, shall 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, shall be construed to affect the laws already made respecting the per.. fons, or estates, of absentees.
11. The privilege and benefit of the habeas corpus, shall be enjoyed in this state, in the most free, easy, cheap, expe. ditious, and ample manner, and shall not be suspended by the legislature, except on the most urgent and pressing occa. fions, and for a time not exceeding three months:
12. The enacting style in making and paffing acts, ftat. utes, and laws, shall be Be it enacted by the fenate and house of representatives, in general court convened..
13. No governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this ftate, except fuch as by this constitution they are admitted to hold, faving that the judges of the said court may hold the office of justice of the peace throughout the state ; nor shall they hold any place or office, or receive any pension or falary, from any other state, government, or power, whàt. ever.
14. No person shall be capable of exercising at the same time, more than one of the following offices within this state, judge of probate, sheriff, register of deeds ; and neve er more than two offices of profit, which may be held by appointment of the governor, or governor and council, or