member of either branch of the legislature and shall accept the trust, or any person elected a councilor shall refuse to accept the office, or in case the death, resignation or removal of any councilor out of the state, the ernor may issue a precept for the election of a new councilor in that inty where such vacancy shall happen; and the choice shall be in the same uner as before directed; and the governor shall have full power and authorto convene the council, from time to time, at his discretion; and with m. or the majority of them, may and shall, from time to time, hold a ncil for ordering and directing the affairs of the state, according to the s of the land, ART. 62. The members of the council may be impeached by the house tried by the senate for bribery, corruption, malpractice or maladminisjon. AKT. 63. The resolutions and advice of the council shall be recorded by secretary in a register, and signed by all the members present agreeing eto; and this record may be called for at any time by either house of legislature; and any member of the council may enter his opinion cony to the resolution of the majority, with the reasons for such opinion. ART. 64. The legislature may, if the public good shall hereafter require livide the state into five districts, as nearly equal as may be, governing selves by the number of [population].73 each district to elect a councilor; in case of such division, the manner of the choice shall be conformable he present mode of election in counties. ART. 65. And, whereas the elections appointed to be made by this contion on the first Wednesday of [January],74 [biennially1,75 by the two es of the legislature, may not be completed on that day, the said elections be adjourned from day to day until the same be completed. And the of the elections shall be as follows: The vacancies in the senate, if any, he first filled up; the governor shall then be elected, provided there be no choice of him by the people; and afterwards, the two houses shall ed to fill up the vacancy, if any, in the council. ART. 66. The secretary, treasurer and commissary-general shall be chosen oint ballot of the senators and representatives assembled in one room. ABT. 67. The records of the state shall be kept in the office of the secre76 and he shall attend the [governor]77 and council, the senate and sentatives, in person or by deputy, as they may require. ART. 68. The secretary of the state shall at all times have a deputy, to be im appointed, for whose conduct in office he shall be responsible; and, in of the death, removal or inability of the secretary, his deputy shall exerall the duties of the office of secretary of this state until another shall ppointed.78 ART. 69. The secretary, before he enters upon the business of his office. give bond, with sufficient sureties, in a reasonable sum, for the use of state, for the punctual performance of his trust.79 COUNTY TREASURER, ETC. ART. 70. The county treasurers, fregisters of probate, solicitors, sheriffs]80 registers of deeds shall be elected by the inhabitants of the several towns e several counties in the state, according to the method now practiced and The expression "ratable polls and proportion of public taxes" stricken out in and the word "population" inserted. *Substituted for "June" in 1889. Substituted for "annually" in 1879. *The words "who may appoint his deputies, for whose conduct he shall be erable" were stricken out in 1793. Substituted for "president" in 1793. The whole of article 68 was inserted in 1893. * Inserted in 1877. the laws of the state; provided, nevertheless, the legislature shall have authority to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them.81 ABT. 71. 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 necessary, each dis trict to elect a register of deeds; and, before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respe tive trusts.82 JUDICIARY POWER. ART. 72. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions. All judicia officers, duly appointed, commissioned and sworn, shall hold their offices durin good behavior, excepting those concerning whom there is a different provisio made in this constitution; provided, nevertheless, the [governor],83 with con sent of council, may remove them upon the address of both houses of the legislature. ART. 73. Each branch of the legislature, as well as the [governor] an council, shall have authority to require the opinions of the justices of t superior court upon important questions of law and upon solemn occasions ART. 74. In order that the people may not suffer from the long cont ance in place of any justice of the peace who shall fail in discharging important duties of his office with ability and fidelity, all commissions justices of the peace shall become void at the expiration of five years fr their respective dates; and upon the expiration of any commission, the s may, if necessary, be renewed, or another person appointed, as shall most c duce to the well-being of the state.84 ABT. 75. All causes of marriage, divorce, and alimony, and all appeals fr the respective judges of probate, shall be heard and tried by the superior cou until the legislature shall by law make other provision. ART. 76. The general court are empowered to give to justices of the pet jurisdiction in civil causes, when the damages demanded shall not exceed [ hundred dollars] 85 and title of real estate is not concerned, but with the rig of appeal to either party to some other court.86 And the general court further empowered to give to police courts original jurisdiction to try and termine, subject to right of appeal and trial by jury, all criminal causes whe in the punishment is less than imprisonment in the state prison.]87 years. ART. 77. No person shall hold the office of judge of any court, or judge probate, or sheriff of any county, after he has attained the age of seve ART. 7S. No judge of any court or justice of the peace shall act as atta ney, or be of counsel to any party, or originate any civil suit, in matters w shall come or be brought before him as judge or justice of the peace,88 ART. 79. All matters relating to the probate of wills and granting lef of administration shall be exercised by the judges of probate in such manne the legislature have directed or may hereafter direct; and the judges of pre shall hold their courts at such place or places, on such fixed days as the s Substituted for the original article in 1793. Inserted in 1793. Substituted for "president" in 1793. Originally an article relating to probate courts followed this article, but it stricken out in 1793. $5 Substituted for "four pounds" in 1877. S8 The whole of this article up to this point was inserted in 1793; in 1877 words "so that a trial by jury, in the last resort, may be had", which were original article of 1793, were stricken out. ST Inserted in 1912. ss Inserted in 1793. people may require and the legislature from time to time ap o judge or register of probate shall be of counsel, act as advoany fees as advocate or counsel, in any probate business which is be brought into any court of probate in the county of which he is r.89 CLERKS OF COURTS. he judges of the courts (those of probate excepted) shall apective clerks, to hold their office during pleasure; and no such s an attorney or be of counsel in any cause in the court of which r shall he draw any writ originating a civil action.90 ENCOURAGEMENT OF LITERATURE, ETC. nowledge and learning generally diffused through a community to the preservation of a free government, and spreading the d advantages of education through the various parts of the Ighly conducive to promote this end, it shall be the duty of the magistrates, in all future periods of this government, to cherish terature and the sciences, and all seminaries and public schools; ivate and public institutions, rewards and immunities for the griculture, arts, sciences, commerce, trades, manufacturers and of the country; to countenance and inculcate the principles of general benevolence, public and private charity, industry and y and punctuality, sincerity, sobriety and all social affections and ents, among the people; [provided, nevertheless, that no money on shall ever be granted or applied for the use of the schools of any religious sect or denomination].91 [Free and fair comtrades and industries is an inherent and essential right of the ld be protected against all monopolies and conspiracies which or destroy it. The size and functions of all corporations should d regulated as to prohibit fictitious capitalization, and provision for the supervision and government thereof :-Therefore, all just by the state is hereby granted to the general court to enact laws perations within the state of all persons and associations, and orporations, foreign and domestic, and the officers thereof, who se the price of any article of commerce or to destroy free and in the trades and industries through combination, conspiracy. y other unfair means; to control and regulate the acts of all sociations, corporations, trusts and officials doing business within vent fictitious capitalization; and to authorize civil and criminal espect to all the wrongs herein declared against].92 'RIPTIONS.---EXCLUSION FROM OFFICE.--COMMISSIONS.-WRITS.-CONLAWS. HABEAS CORPUS, THE ENACTING STYLE.-CONTINUANCE PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION.--ETC. y person chosen [governor],93 councilor, senator or representacivil officer (town officers excepted), accepting the trust, shall. eds to execute the duties of his office, make and subscribe the itions, viz. : solemnly swear that I will bear faith and true allegiance to the mpshire and will support the constitution thereof. So help me solemnly and sincerely swear and affirm that I will faithfully lischarge and perform all the duties incumbent on me as 1793. for the original article in 1793; the original article relating to "Delwas stricken out in 1793. S" 1877. 1902. for "president" in 1793. for the original oath in 1793. according to the best of my abilities, agreeably to the rules and regulations ( this constitution and the laws of the state of New Hampshire. So help me God [Any person having taken and subscribed the oath of allegiance, [and t same being filed in the secretary's office],95 he shall not be obliged to take si oath again].96 Provided, always, when any person chosen or appointed as aforesaid be of the denomination called Quakers, or shall be scrupulous of swearing a shall decline taking the said oaths, such [person]97 shall take and subsr them, omitting the word "swear", and likewise words "So help me God," joining instead thereof, "This I do under the pains and penalties of perjury. ART. 84. And the oaths or affirmations shall be taken and subscribed by governor, before the president of the senate, in presence of both houses of legislature; and by the senators and representatives first elected under this: stitution, as altered and amended, before the president of the state and majority of the council then in office, and forever afterward before the gover and council for the time being; and by all other officers, before such persons in such manner as the legislature shall from time to time appoint.98 ART. 85. All commissions shall be in the name of the state of New Ha shire, signed by the [governor],99 and attested by the secretary or his de and shall have the great seal of the state affixed thereto. ART. 86. All writs issuing out of the clerk's office, in any of the cour law, shall be in the name of the state of New Hampshire, shall be under seal of the court whence they issue, and bear teste of the chief, first or justice of the court; but, when such justice shall be interested, then the writ bear teste of some other justice of the court, to which the same shall be ret able; and be signed by the clerk of such court. ART. 87. All indictments, presentments and information shall con "against the peace and dignity of the state." ART. 88. The estate of such persons as may destroy their own lives not for that offense be forfeited, but descend or ascend in the same manne if such persons had died in a natural way, Nor shall any article which accidentally occasion the death of any person be henceforth deemed a devi or in any wise forfeited on account of such misfortune. ART. 89. All the laws which have heretofore been adopted, used and proved in the province, colony or state of New Hampshire, and usually ticed on in the courts of law, shall remain and be in full force until alte and repealed by the legislature, such parts thereof only excepted as are re nant to the rights and liberties contained in this constitution; provided, nothing herein contained, when compared with the twenty-third article in bill of rights, shall be construed to affect the laws already made respecting persons or estates of absentees. ART. 90. The privilege and benefit of the habeas corpus shall be enj in this state in the most free, easy, cheap, expeditious and ample manner. shall not be suspended by the legislature except upon the most urgent and pa ing occasions, and for a time not exceeding three months. ART. 91. The enacting style, in making and passing acts, statutes and shall be, Be it enacted by the senate and house of representatives in gene court convened. ART. 92. No [governor]1 or judge of the [supreme judicial]2 court shall any office or place under the authority of this state, except such as by this stitution they are admitted to hold, saving that the judges of the said court hold the offices of justices of the peace throughout the state; nor shall they 5 Inserted in the engrossed copy of the constitution as amended in 1793, appe ently without authority. 96 Inserted in 1793. * Inserted in engrossed copy of the constitution as amended in 1793, apparent without authority. 98 Substituted for the original article in 1793. 99 Substituted for "president" in 1793. 1 Substituted for "president" in 1793. 2 Substituted for "superior" in engrossed copy of the constitution as amended 1793, apparently without authority. ny place or office or receive any pension or salary from any other state, governnent or power whatever. ABT. 93. No person shall be capable of exercising at the same time more han one of the following offices within this state, viz.: judge of probate, sheriff, egister of deeds; and never more than two offices of profit, which may be held by ppointment of the [governor] or [governor]1 and council, or senate and house f representatives, or superior or inferior courts, military offices and offices of istices of the peace excepted. ART. 94. No person holding the office of judge of any court (except special dges), secretary, treasurer of the state, attorney-general, commissary-general, ilitary officers receiving pay from the continent or this state (excepting officers the militia occasionally called forth on an emergency), registers of deeds, heriff or officers of the customs, including naval officers, collectors of excise and ate and continental taxes hereafter appointed, and not having settled their counts with the respective officers with whom it is their duty to settle such counts, members of congress or any person holding any office under the United ates, shall at the same time hold the office of governor, or have a seat in e senate or house of representatives or council; but his being chosen and apinted to and accepting the same shall operate as a resignation of their seat the chair, senate or house of representatives or council, and the place so cated shall be filled up. No member of the council shall have a seat in the nate or house of representatives.3 ART. 95. No person shall ever be admitted to hold a seat in the legislature, any office of trust or importance under this government, who, in the due course law, has been convicted of bribery or corruption in obtaining an election or pointment. ART. 96. In all cases where sums of money are mentioned in this constitun. the value thereof shall be computed in silver at six shillings and eight pence r ounce. ART. 97. To the end that there may be no failure of justice or danger to e state by the alterations and amendments made in the constitution, the genal court is hereby fully authorized and directed to fix the time when the alterans and amendments shall take effect, and make the necessary arrangements cordingly.4 ABT. 98. It shall be the duty of the selectmen and assessors of the several wns and places in this state, in warning the first annual meeting for the choice senators, after the expiration of seven years from the adoption of this conitution as amended, to insert expressly in the warrant this purpose among e others for the meeting, to wit, to take the sense of the qualified voters on e subject of a revision of the constitution; and, the meeting being warned cordingly, and not otherwise, the moderator shall take the sense of the qualid voters present as to the necessity of a revision; and a return of the numr of votes for and against such necessity shall be made by the clerks, sealed › and directed to the general court at their then next session; and if it shall pear to the general court by such return that the sense of the people of the ate has been taken, and that, in the opinion of a majority of the qualified ters in the state present and voting at said meetings, there is a necessity for revision of the constitution, it shall be the duty of the general court to call convention for that purpose; otherwise the general court shall direct the sense the people to be taken, and then proceed in the manner before mentioned; the elegates to be chosen in the same manner and proportioned as the representaves to the general court; provided, that no alteration shall be made in this onstitution before the same shall be laid before the towns and unincorporated laces and approved by two-thirds of the qualified voters present and voting on e subject. 3 Substituted for the original article in 1793. * Substituted for the original article in 1793. |