If any Councillor shall be elected Governor or Lieutenant Governor, or member of either branch of the Legislature, and shall accept the trust; or if any person, elected as Councillor, shall refuse to accept the office; or in case of the death, resignation, or removal of any Councillor out of the State; the Governor may issue a precept for the election of a new Councillor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed.

If any new county shall hereafter be made in this State, a Councillor shall be chosen therein in the same manner as before directed.

The Governor shall have full power and authority to convene the Council, from time to time, at his discretion; and, with them, or the majority of them, may, and shall, from time to time, hold a Council, for ordering and directing the affairs of the State, according to the laws of the land.

The members of the Council may be impeached by the House, and tried by the Senate, for mal-conduct.

The resolutions and advice of the Council shall be recorded by the Secretary, in a register, and signed by all the members present agreeing thereto; and this record may be called for at any time, by either House of the Legislature; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion.

And whereas the elections, appointed to be made by this Constitution, on the third Wednesday of September annually, by the two Houses of the Legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same shall be completed: And the order of the elections shall be as follows: The Governor shall be first elected, provided there should be no choice of him by the people: And afterwards, the two Houses shall proceed to fill up the vacancy, if any, in the Council.

SECRETARY, TREASURER, COMMISSARY, &C.

The Secretary, Treasurer, & 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.

The Secretary of the State shall, at all times, have a Deputy, to be by him appointed; for whose conduct in office he shall be responsible: And in case of the death, removal, or inability of the Secretary, his Deputy shall have and exercise all the duties of the office of Secretary of this State, until another shall be appointed.

The Secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trust.

COUNTY TREASURER, &C.

The County Treasurer, & Registers of Deeds shall be elected by the inhabitants of the several towns, in the several Counties in the State, according to the method now practised, & the laws of the State.

Provided nevertheless, The Legislature shall have authority to alter

the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them-& also to divide the several Counties into as many districts, for registering of deeds, as to them shall appear necessary, the inhabitants of each District to elect a Reg

ister.

The County Treasurers & Register of deeds, before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, & shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the County or District, for the punctual performance of their respective trusts.

JUDICIARY POWER.

The Judicial power of the State shall be vested in a Supreme Court of Judicature, except as is hereafter provided; This court shall consist of one Chief Justice, & and not more than nine nor less than six Associate Justices.

The Supreme Judicial Court shall be & they hereby are, fully authorized and empowered, to grant new trials & restorations to law, in all cases where to them it shall appear reasonable.

The power of hearing & determining causes in Equity, shall, by the Legislature, be vested in the Supreme Judicial Court, to be limited and defined by law; and no suit shall be sustained in Equity, where adequate remedy may be had in the courts of law.

There shall be a Court erected in each county, to be called the County Court, to consist of one Chief Justice, & not more than six nor less than four Associate Justices, who shall have all the jurisdiction in civil & criminal matters and vested with all the powers and authorities that now appertain to the Courts of General Sessions of the Peace, and such other matters (the trying of civil suits excepted) as may be constitutionally assigned to them by the Legislature, except the raising County taxes, which taxes shall be raised by the Representatives in each County, in such manner as the Legislature shall direct-appeals shall be granted from said Courts to the Supreme Judicial Court, as they are now allowed from the Courts of General Session of the Peace to the Superior Court; or in such cases and manner as the Legislature may by Law establish: Provided nevertheless, That the General Court shall have authority to make such other regulations by law as shall be necessary for the appropriation of County taxes.

Justices of the Peace shall have the power of hearing & determining all actions wherein the sum demanded in damage does not exceed four pounds, except those wherein the title to things real may be drawn in question-an appeal being allowed in civil actions to the Supreme Judicial Court, & in criminal matters to the County Courts in such cases & manner as the Legislature shall by law establish.

The tenure that all commission officers shall have by law in their offices, shall be expressed in their respective Commissions. All Judicial officers, duly appointed, commissioned & sworn, shall hold their offices during good behavior, excepting those concerning whom there is a different provision made in this Constitution: Provided nevertheless, the Governor, with consent of Council, may remove them upon the Address of both Houses of the Legislature.

Each branch of the Legislature, as well as the Governor & Council,

shall have authority to require the opinions of the Justices of the Supreme Court upon important questions of Law, & upon solemn occasions.

No person shall hold the office of Judge of any Court or sheriff of any County, after he has arrived to the age of 65 years.

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 ability & fidelity, all commissions of Justices of the Peace shall become void, at the expiration of five years from their respective dates; but upon the expiration of any commission, the same may, if necessary, be renewed.

No Judge of any Court, or Justice of the Peace, shall act as Attorney, or be of council, to any party, or originate any civil suit, in matters that shall come before him as Judge, or Justice of the Peace.

All matters relating to the probate of wills, and granting letters of administration, &c. shall be exercised by the Judges of Probate, in such manner as the Legislature have directed, or may direct; And the Judges of Probate shall hold their Courts at such place or places, on such fixed days as the convenience of the people may require: And the Legislature shall from time to time hereafter appoint such times & places, untill which appointments, the said Courts shall be holden at the times & places which the respective Judges shall direct.

No Judge or Register of Probate of Wills, &c. shall be of Council, act as Advocate or receive any fees as advocate or council, in any probate business that is pending, or that may be brought into any Court of probate in the county of which he is Judge or Register.

All causes of marriage, divorce & alimony, & all appeals from the respective judges of probate, shall be heard & tried by the Supreme Court, untill the Legislature shall, by Law, make other provision.

CLERKS OF COURTS.

The Clerks of the Courts of law shall be appointed by the respective Courts during pleasure: And to prevent any fraud or unfairness in the entries & records of the Courts, no such Clerk shall be of council, in any cause in the Court of which he is Clerk, nor shall he fill any writ in any civil action whatsoever.

ENCOURAGEMENT OF LITERATURE, &c.

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; 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; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and œconomy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people.

OATH and Subscriptions; Exclusion from Offices; Commissions ; Writs; Habeas Corpus; the Enacting Stile; Continuance of Officers; Provision for a future Revision of the Constitution, &c.

Any person chosen Governor, Lieutenant Governor, Councillor, Senator, or Representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.

I, A. B., do solemnly swear, that I will bear faith and true allegiance to the State of New Hampshire, and will support the Constitution thereof. So help me God. I, A. B., do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on 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.

me as

Provided always, When any person chosen or appointed as aforesaid, shall be scrupulous of swearing, & shall decline taking the said oaths, such shall take & subscribe them, omitting the word "swear," and likewise the words, "So help me God;" subjoining instead thereof, This I do under the pains and penalties of perjury.

Any person having taken and subscribed the oath of allegiance, and the same being filed in the Secretary's office, he shall not be obliged to take said oath again.

And the oaths or affirmations shall be taken and subscribed by the Governor, before the Lieutenant Governor, in the presence of the Legislature, and by the Senate and Representatives first elected under this Constitution, as amended, and altered, before the President and three of the Council of the former Constitution, and forever afterwards before the Governor and Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the Legislature.

All commissions shall be in the name of the State of New Hampshire, signed by the Governor, and attested by the Secretary, or his Deputy, and shall have the great seal of the State affixed thereto.

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 New Hampshire; shall be under the seal of the Court whence they issue, and bear test of one of the Justices of the Court to which the same shall be returnable; and be signed by the Clerk of such Court.

All indictments, presentments, and informations, shall conclude, against the peace and dignity of the State.

The estates 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 occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune.

The privilege and benefits of the Habeas Corpus, shall be enjoyed in this State, in the most free, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three

months.

The enacting stile in making and passing acts, statutes, and laws,

shall be-Be it enacted by the Senate and House of Representatives, in General Court convened.

No Governor, Lieutenant Governor or Judge of the Supreme Judicial Court, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice of the Peace throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, government, or power, whatever.

No person shall be capable of exercising, at the same time, more than one of the following offices within this State, viz. Judge of Probate, Sheriff, 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 Senate and House of Representatives, or Supreme judicial or Inferior Courts; military offices, and offices of Justices of the Peace, excepted.

No person holding the office of Judge of any Court, Secretary, Treasurer of the State, Attorney-General, Commissary-General, military officers receiving pay from the continent or this State, (excepting officers of the militia, occasionally called forth on an emergency) Register of Deeds, President, Professor or instructor of any college, Sheriff, or officer of the customs, including naval officers, Collectors of excise, Collectors of taxes, members of Congress, or any person holding any office under the government of the United States, shall, at the same time hold the office of Governor, Lieutenant Governor, or have a seat in the Senate, or House of Representatives, or Council; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of his seat in the chair, Senate, House of Representatives, or Council; and the place so vacated shall be filled up.

No person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption, in obtaining an election or appointment.

No new town or parish shall be formed in whole or in part, out of any town or parish without the consent of a major part of the qualified voters of such town or parish, out of which they are so formed, voting upon the question at a legal meeting held for that purpose.

All Judges of Courts and other civil officers, whose appointment is vested in the Governor and Council (Justices of the Peace and coroners only excepted), shall be appointed and commissioned within one year after adopting the amendments to the Constitution: and the Commissions of all such officers who have been heretofore appointed by the President and Council shall thereupon determine and become void. To the end that there may be no failure of justice, or danger to the State, by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the amendments and alterations shall take effect, and make the necessary arrangements accordingly.

This form of government shall be enrolled on parchment, and deposited in the Secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof.

The Legislature, whenever two thirds of both houses shall deem it