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pressions contained therein, descriptive of the offense or offenses intended to be pardoned. 、

ART. 52. No officer, duly commissioned to command in the militia, shall be removed from his office but by the address of both houses to the governor or by fair trial in court martial pursuant to the laws of the state for the time being.

ART. 53. The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-majors; the major generals, their aids; the captains and subalterns, their non-commissioned officers. ART. 54. The division of the militia into brigades, regiments and com panies, made in pursuance of the militia laws now in force, shall be con sidered as the proper division of the militia of this state, until the same shal be altered by some future law.

ART. 55. No moneys shall be issued out of the treasury of this state and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being by and with the advice and consent of the council, for the necessary support and defense of this state and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

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es All of the provisions as to the "council" were stricken out in 1793 and the p ent provisions inserted.

Substituted for "annually" in 1878. 70 Substituted for "March" in 1878. "Substituted for "June" in 1889. 12 Substituted for "majority" in 1912.

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ART. 56. All public boards, the commissary-general, all superintending officers of public magazines and stores belonging to this state, and all cu manding officers of forts and garrisons within the same shall, once in every three months, officially and without requisition, and at other times when quired by the governor, deliver to him an account of all goods, stores, pr visions, ammunition, cannon with their appendages, and all small arms with their accoutrements, and all other public property under their care respe tively, distinguishing the quantity and kind of each as particularly as may together with the condition of such forts and garrisons. And the comman ing officer shall exhibit to the governor, when required by him, true and exa plans of such forts, and of the land and sea, or harbor or harbors adjacen

ART. 57. The governor and council shall be compensated for their ser ices, from time to time, by such grants as the general court shall thin reasonable.

ART. 58. Permanent and honorable salaries shall be established by is for the justices of the superior court.

COUNCIL.GS

ABT. 59. There shall be [biennially]69 elected by ballot five councilors. advising the governor in the executive part of government. The freeholde and other inhabitants in each county, qualified to vote for senators, sha some time in the month of [November],70 give in their votes for one col cilor, which votes shall be received, sorted, counted, certified and returned the secretary's office, in the same manner as the votes for senators, to by the secretary laid before the senate and house of representatives on first Wednesday of [January].71

ᎪᎡᎢ . 60. And the person having a [plurality]72 of votes in any corn shall be considered as duly elected a councilor; but, if no person sh have a [plurality]72 of votes in any county, the senate and house of repres atives shall take the names of the two persons who have the highest number votes in each county and not elected, and out of those two shall elect. ! joint ballot, the councilor wanted for the county; and the qualifications f councilors shall be the same as for senator.

ART. 61. If any person thus chosen a councilor shall be elected gore"?

either branch of the legislature and shall accept the trust, or elected a councilor shall refuse to accept the office, or in case resignation or removal of any councilor out of the state, the issue a precept for the election of a new councilor in that such vacancy shall happen; and the choice shall be in the same fore directed; and the governor shall have full power and authore the council, from time to time, at his discretion; and with majority of them, may and shall, from time to time, hold a dering and directing the affairs of the state, according to the ud.

The members of the council may be impeached by the house the senate for bribery, corruption, malpractice or maladminis

The resolutions and advice of the council shall be recorded by in a register, and signed by all the members present agreeing this record may be called for at any time by either house of ; and any member of the council may enter his opinion conesolution of the majority, with the reasons for such opinion. The legislature may, if the public good shall hereafter require state into five districts, as nearly equal as may be, governing the number of population],73 each district to elect a councilor; f such division, the manner of the choice shall be conformable mode of election in counties.

And, whereas the elections appointed to be made by this conhe first Wednesday of [January],74 [biennially],75 by the two legislature, may not be completed on that day, the said elections rned from day to day until the same be completed. And the ections shall be as follows: The vacancies in the senate, if any, filled up; the governor shall then be elected, provided there pice of him by the people; and afterwards, the two houses shall up the vacancy, if any, in the council.

| SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC.

The secretary, treasurer and commissary-general shall be chosen of the senators and representatives assembled in one room. The records of the state shall be kept in the office of the secree shall attend the [governor]77 and council, the senate and in person or by deputy, as they may require.

The secretary of the state shall at all times have a deputy, to be ted, for whose conduct in office he shall be responsible; and, in th, removal or inability of the secretary, his deputy shall exerties of the office of secretary of this state until another shall

The secretary, before he enters upon the business of his office. 1, with sufficient sureties, in a reasonable sum, for the use of the punctual performance of his trust.79

COUNTY TREASURER, ETC.

he county treasurers, registers of probate, solicitors, sheriffs]80 f deeds shall be elected by the inhabitants of the several towns ounties in the state, according to the method now practiced and

ssion "ratable polls and proportion of public taxes" stricken out in rd "population" inserted.

for "June" in 1889.

1 for "annually" in 1879.

s "who may appoint his deputies, for whose conduct he shall be stricken out in 1793.

for "president" in 1793.

of article 68 was inserted in 1893.

of article 69 was inserted in 1793.

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

ART. 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 district 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 respective trusts.82

JUDICIARY POWER.

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ART. 72. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and 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],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]82 and council, shall have authority to require the opinions of the justices of the superior court upon important questions of law and upon solemn occasions ᎪᎬᎢ, 74, In order that the people may not suffer from the long conti 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 sam may, if necessary, be renewed, or another person appointed, as shall most co 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 coun until the legislature shall by law make other provision.

ART. 76. The general court are empowered to give to justices of the pear 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

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 seven years.

ART, 78. 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 whit shall come or be brought before him as judge or justice of the peace,ss

ART. 79. All matters relating to the probate of wills and granting lette of administration shall be exercised by the judges of probate in such manner the legislature have directed or may hereafter direct; and the judges of proba shall hold their courts at such place or places, on such fixed days as the

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.

Substituted for "four pounds" in 1877.

8 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 in original article of 1793, were stricken out.

ST Inserted in 1912.

ss Inserted in 1793.

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e people may require and the legislature from time to time ap

No 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 er.89

CLERKS OF COURTS.

The judges of the courts (those of probate excepted) shall appective clerks, to hold their office during pleasure; and no such as an attorney or be of counsel in any cause in the court of which or shall he draw any writ originating a civil action,90

ENCOURAGEMENT OF LITERATURE, ETC.

Knowledge and learning generally diffused through a community to the preservation of a free government, and spreading the and advantages of education through the various parts of the highly conducive to promote this end, it shall be the duty of the magistrates, in all future periods of this government, to cherish literature and the sciences, and all seminaries and public schools; rivate 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 ty and punctuality, sincerity, sobriety and all social affections and hents, among the people; [provided, nevertheless, that no money tion 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 uld be protected against all monopolies and conspiracies which or destroy it. The size and functions of all corporations should nd regulated as to prohibit fictitious capitalization, and provision for the supervision and government thereof :-Therefore, all just 1 by the state is hereby granted to the general court to enact laws operations within the state of all persons and associations, and Corporations, foreign and domestic, and the officers thereof, who ise the price of any article of commerce or to destroy free and n in the trades and industries through combination, conspiracy. hy other unfair means; to control and regulate the acts of all ssociations, corporations, trusts and officials doing business within event fictitious capitalization; and to authorize civil and criminal respect to all the wrongs herein declared against].92

SCRIPTIONS.--EXCLUSION. FROM OFFICE.—~COMMISSIONS.-WRITS.-CONFLAWS.-HABEAS CORPUS.-THE ENACTING STYLE. CONTINUANCE --PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION.--ETC.

ny person chosen [governor],93 councilor, senator or representar civil officer (town officers excepted), accepting the trust, shall, eds to execute the duties of his office, make and subscribe the rations, viz. :

solemnly swear that I will bear faith and true allegiance to the Hampshire and will support the constitution thereof. So help me

solemnly and sincerely swear and affirm that I will faithfully discharge and perform all the duties incumbent on me as

n 1793.

d for the original article in 1793; the original article relating to "Delss" was stricken out in 1793.

n 1877.

n 1902.

d for "president" in 1793.

for the original oath in 1793.

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.

[Any person having taken and subscribed the oath of allegiance, [and the same being filed in the secretary's office],95 he shall not be obliged to take said oath again].96

Provided, always, when any person chosen or appointed as aforesaid shal. be of the denomination called Quakers, or shall be scrupulous of swearing and shall decline taking the said oaths, such [person]97 shall take and subscribe them, omitting the word "swear, and likewise words "So help me God," sun 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 than 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 com stitution, as altered and amended, before the president of the state and majority of the council then in office, and forever afterward before the govern of 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.98

ART. 85. All commissions shall be in the name of the state of New Hamp shire, signed by the Igovernor],99 and attested by the secretary or his deputy and shall have the great seal of the state affixed thereto.

ABT. 86. All writs issuing out of the clerk's office, in any of the courts law, shall be in the name of the state of New Hampshire, shall be under th seal of the court whence they issue, and bear teste of the chief, first or seun justice of the court; but, when such justice shall be interested, then the writ sha bear teste of some other justice of the court, to which the same shall be retum able; and be signed by the clerk of such court.

ART. 87. All indictments, presentments and information shall conclu "against the peace and dignity of the state."

ART. 88. The estate of such persons as may destroy their own lives sh not for that offense be forfeited, but descend or ascend in the same manner if such persons had died in a natural way, Nor shall any article which shi accidentally occasion the death of any person be henceforth deemed a deoda or in any wise forfeited on account of such misfortune.

ART. 89. All the laws which have heretofore been adopted, used and g proved in the province, colony or state of New Hampshire, and usually pr ticed on in the courts of law, shall remain and be in full force until alter and repealed by the legislature, such parts thereof only excepted as are rep nant to the rights and liberties contained in this constitution; provided, t 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 enjoy 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 pr ing occasions, and for a time not exceeding three months.

ART. 91. The enacting style, in making and passing acts, statutes and la shall be, Be it enacted by the senate and house of representatives in gene court convened.

ART. 92. No [governor] 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

Inserted in the engrossed copy of the constitution as amended in 1793, app ently without authority.

96 Inserted in 1793.

Inserted in engrossed copy of the constitution as amended in 1793, appare without authority.

98 Substituted for the original article in 1793.

+

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.

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