The American herald of liberty — Exeter, N.H., 1793-06-11 00:00:00, page 4

, ~ THE •
CONSTITUTION
; ' OF- '
NEW-HAMPSHIRE.
[concluded.]
— “"" 1 " ” "L 11 T _
PART 11. v
•“' 'FORM CF COVER NM ENT.
JUDICIARY POWER.
IN order that the people may not
fuffer from the long continuance
i i place of any Justice of the Peace,
who shall fail in discharging the im
portant duties of his office with abil
ity and fidelity, all commissions of
Justices of the Peace shall become
void at the expiration of five years
from their refpeftive dates, and upon
the expiration of any commission the
fame may if neceflary be renewed,
or another person appointed, as shall
most conduce to the well being of the
State.-
four pounds; and title of realeftate
is not concerned ; but with right of
appeal to either party, to some other
Court, so that a trial by Jury in the
la ft resort may be had.
No person shall hold the office of
Judge of any Court, or Judge of Pro
bate, or fheriff of any county, after
he has attained the age of seventy
, years. ' ' '
No Judge of anv Court, or Jus
tice of the Peace, shall adl as an At
“ torhey,or be of counsel to any party,
Or originate any civil fuic, in matters
which shall come or be brought be
fore him as Judge, or Justice of the
Peace.
Alt matters relating to the Pro
bate of Wills and granting letters of
administration, shall be exercised by
the Judges.of Probate, in such man
ner as the Legislature have directed,
pr may hereafter direst: 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 an
pOint. ; : r T ■ f ■
No Judge, or Register of Probate,
shall be of counsel, aft as advocate,
or receive any fees as advocate or
—
Encouragement of Literature,
Knowledge and learning, gen
erally diffufed through a community,
. being effendi co the preservation of
a free government; and spreading
the opportunities and advantages of
education through the various parts
of the country* being highly condu
«ive to •promote thi s' end; it sh al Ibe
the duty of the legiflatorsand magif
trates,in all future periods of this go
vernment, to cherifti the interest o f
literature and the Sciences, and all
seminaries and public schools, to en-
CLERKS of COURT.
THE J udges of the Courts (those
'of Probate excepted, shall appoint
their refpeftive Clerks, to hold their
office during pleasure : And no fuCh
Clerk shall aft as an Attorney, or be
of counsel in any cause in the Court
of which he isClerk,nor shall he draw
any writ originating a civil aftion.
which is pending,or may be brought
into any Court of Probate in the
County of vffiich he is Judge or Re
gister.
All caufesof marriage, divorce and
alimony, and all appeals from the
refpeftive Judges of Probate, shall be
heard and tried by the Superior
Court until the Legislature shall by
law make other provision.
The General Court are empower-
ed to give to Justices of the Peace,
Jurifdiiftion in civil causes, when the
damages demanded shall not exceed
counsel, in any probate business
Oath andSubfcriptions,Exclufien from
Offices, Commissions, Writs, &c. tic.
ANY perlon chosen Governor,
Counfellor, Senator, or Reprefenta
live, military or civil officer, (town
officers excepted) accepting the trust,
shall before he proceeds to execute
the duties of his office, make and sub
scribe thefollowing declaration, viz.
I, A. B. do solemnly swear, that
1 will bear faith and true allegiance
to the State of New Hampshire, and
will support the Constitution thereof.
So help me God.
1, A. B. do solemnly and sincerely
swear and affirm, that I will faithful
ly and impartially discharge and per
form all the duties incumbent on me
as according to the best of my
abilities, agreeably to the rules and
regulations of this Conftitution,in the
laws of the State of New Hampshire.
So help me God.
Any person having taken andfufc
scribed the oath of allegiance, and the
fame being filed in the Secretary’s
office, shall not be obliged to take
said oath again.
Provided always, When any person
chosen or appointed as aforfaid,
shall be of the denomination called
Quakers, or shall be scrupulous of
swearing, and shall decline taking the
said oaths, such person shall take and
subscribe them, omitting the word
swear, and like wife the words So help
me God, subjoining instead thereof,
"Phis Ido under the pains and penalties
of perjury,
And the oaths or affirmations shall
be taken and fubfcri bed by the Gov
ernor, before the President of the
Senate, in presence of both Houses
of the Legislature, and by the Sen
ators and Representatives firft elefted
under this Constitution, as altered and
amended, before the President of the
State, and a majority of the Council
then in office, and forever after
wards before the Governor and Coun
cil 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.
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 5 shall be under the
seal of the Court whence they issue,
and bear test of the chief, firft, or fe
flior Justice of the Court ; but when
such Justice shall be interested, then
the writ shall bear test of some other
Justice of the Court to which the
fame shall be returnable; and be
signed by the Clerk of such Court.
All indiftments, preferments, and
informations^ ffiall 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 fame man
ner 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 wife
forfeited on account of such misfor
tune.
courage private and public inftitu
tions,rewards and immunities for the
promotion of agriculture, arts, scien
ces, commerce, trades, manufadures,
and natural hiftory of the country ;
to countenance and inculcate the prin
ciples of humanity and general bene
volence, public and private charity,
industry and cecdnomy,, honesty and
punctuality, sincerity, fobriety* and
all social affeftions, and generous sen
timents, among the people.
All the laws which have hereto
fore been adopted, ufecT, and appro
ved, in the Province,Colony, or State
of NewHampfhire, and usually prac
ticed on in the Courts of Law, shall
remain and be in full force, until al
tered and repealed by the Legislature;
such parts thereof only excepted, as
are repugnant to the rights and lib
erties contained in this Constitution:
Provided that nothing herein con
tained, when compared with the 23d
Article in the Bill of Kights, shall be
tonftrued to affeft the laws already
made refpefting the persons, or es
tates, of absentees.
The privilege and benefit of the
Habeas Corpus, shall be enjoyed in
this State, in the most free, easy,
cheap, expeditious, and ample man
ner, and shall not be suspended by
the Legislature, except upon the
most urgent and pFeffing occasions,
and for a time not exceeding three
months.
The enacting stile in making and
passing ads, statutes, and laws, shall
be— Be it enabled by the Senate and
House of Representatives, in General
Court convened.
No Governor, or Judge of the Su
preme Judicial Court, shall hold any
office or place under the authority of
this State, except such as by thisCon
ftitution they are admitted to hold,Ca
ving that the Judges of the faidCourt
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,trom
any other State, government,or pow
er, whatever;
No person shall be capable of ex
ercising at the fame time, more than
one of the following offices within
this State, viz Judge of Probate,
Sheriff, Register of Deeds ; and nev
er 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 Superior or Infe
riour Courts; military offices and of
fices of Just ices of the Peace excep
ted.
No person holding the office of
Judge of any Court (except Spe
cial Judges) Secretary, Treasurer of
the State, Attorney-General, Com
missary-General, military officers re
ceiving pay from the continent or
this State (excepting officers of the
militia, occasionally called forth on
an emergency) Register of Deeds,
Sheriff, or officers of the cuftoms,in
cluding naval officers, Colleftors of
excise and State and continental tax
es, hereafter appointed and not hav
ing fettled their accounts with the
refpeftive officers with whom it is
their duty to fettle such accounts,
.members of Congress, or any per
son holding any office under the U
nited States, shall at the fame time
hold the office of Governor, or have
a feat in the Senate, or House of '
Representatives, or Council; but his 1
being chosen and appointed to, and •
accepting the fame, shall operate as
a resignation of their feat in the chair, ,
Senate, or House of Representatives, ■
or Council ; and the place so vacat
ed shall be filled up. No member
of the Council shall have a feat in (
the Senate orHoufeofßeprefentatives. ,
No person shall ever be admitted
to hold a feat in the Legislature, or
any office of trust or importance,un
der this government, who in due <
course of law has been convifted of 1
bribery or corruption in obtaining
an eleAion or appointment.
In all cases where fumS of money
are mentioned in this Constitution, ;
the value thereof shall be computed ,
in silver at fix fhiliing and eight pence 1
per ounce. .
To the end that there may be no
failure of just ice, or danger to the
WE the subscribers being ap
pointed Commiflioners by the Hon.
Judge of Probate, for Rockingham County,
to receive and examine the claims of the sev
eral Creditors to the estate of John Cram,
late of East-Kingston, yeoman, deceased, re
presented insolvent—and fix mohths from this
date being allowed for that purpose, hereby
give notice, that we will attend that service
at the house of the deceased, on the firft Mon
day in June next, and the five following
months, from 2 to 5 o’clock in the afternoon
of each day. Ezeki?l Godfrey,
Jere : Bachelder,
Jacoe Ordway.
Eaft-Kingitrwn, May 21, 1793,
All perlons indebted to,or have demands
on the estates of William Ben
nett, fhipwrighr, and William Ben
nett, jun. joiner, both late of Exeter, de
ceased, are deiired to exhibit the fame well
vouched, immediately, to
SHACKFORD S. BENNETT,
Admlniftratnr of said efatts, ‘
All persons having accounts
open with Shackford S. Bennett are
requested to bring them in for settlement.
S. S. BENNETT.
Exeter, May 20, 1793.
RAN away from the lubicri
ber, an apprentice Boy, named Mark
Whoever will return him to his
master again, clear of expence, shall receive
a reward of One Penny. All persons are for
bid harboring or trusting him on my account
from the date hereof.
JOSHUA VEASEY.
peerJie/d^May 17, i 77 3,
This Form of Government shall
be enrolled on parchmenr, and de
posited in the Secretary’s office, and
be a part of rhe laws of the land ; &
printed copies thereof shall be pre
fixed co the books containing the
laws of this State, in all future
editions thereof.
State, by the alterations and amend- ’
ments made in the Constitution, the
General Court is hereby fully author
ifed and dire&ed to fix the time when
the alterations and amendments shall |
take effed, and make the necessary
arrangements accordingly.
It shall be the duty of the Select
men and Afleffors, of the feverah
towns and places in this State, in
warning the firft annual meeting for I
the choice of Senators, after the ex- 1
piration of seven years from the a
doption of thisconftitution as amend
ed, to ihfert expressly in the warrant,
this purpose among the others for the
meeting, to wit, to take the sense of
the qualified voters on the fubjed of
a revision of the Constitution ; and
the meeting being warned accord
ingly (and not otherwise) the Mode
rator shall take the sense of the quali- ।
fied voters prefenr,as to the neccffity
of a revision ; and a return of the 1
number of votes for and against fuch*
neceffity,fhall be made by the Clerk,
sealed up and directed to the General
Court at their next feflion ; and if it
shall appear to the General Court
by such return, that the sense of the
people of the State has been tak--
en, and that in the opinion of the
majority of the qualified voters in
the State, prefrnt and voting at said
meetings,there is a necessity for a re
vision of the Constitution, it shall
be the duty of the General Court to
call a Convention for that purpose, J
otherwise the General Court shall |
diredt the sense of the people to be
taken, and then proceed in the man
ner before mentioned. The Dele
gates to be chosen in the fame man
ner, and proportioned as the Repre
sentatives to the General Court; pro- 1
vided that no alterations shall be J
made in this Constitution, before J
the fame shall be laid before the ■
towns and unincorporated places, & I
approved by two thirds of tffe qual- I
ified voters present and voting on 1
the fubjedt.
And the fame method of taking
the sense of the people, as to a revis
ion of the Constitution, and calling
a Convention for that purpose, shall
be observed afterwards, at the expi
ration of every seven years.