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three months, officially and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity and kind of each, as particularly as may be; together with the condition of such forts and garrisons: And the commanding officer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbour or harbours adjacent.
The Governor and Council shall be compensated for their services, from time to Mime, by such grants as the General Court shall think reasonable.
Permanent and honourable salaries shall be established by law, for the Justices of the Superior Court. COUNCIL.
THERE shall be annually elected, by ballot, five Councillors, for advising the Governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for Senators, shall, some time in the month of March, give in their votes for one councillor; which votes shall be received, sorted, counted, certified and returned to the Secretary's office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and House of Representatives on the last Wednesday of October.
And the person having a majority of votes in any county, shall be considered as duly elected a Councillor: But if no person shall have a majority of votes in any county, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect, by joint ballot, the Councillor wanted for such county.
Provided nevertheless, That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which (ot more) shall be a freehold in his own right; and who is not thirty years
of age; and who shall not have been an inhabitant of this State for seven years immediately preceding his election; and, at the time of his election, an inhabitant of the county in which he is elected.
The Secretary shall, annually, seventeen days before the last Wednesday of October, give notice of the choice of the persons elected.
If any person shall be elected Governor, or member of either branch of the Legislature, and shall accept the trust; or if any person, elected a Councilor, 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: And 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 bribery , cor*mption, mal-practice, or mal-administration.
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.
The Legislature may, if the public good shall hereafter require it, divide the state into nve districts, as nearly equal as may be, governing themselves by the number of rateable polls, and proportion of public taxes; each district to elect a Councillor: And, in case of such divison, the manner of the choice shall be conformable to the present mode of election in counties.
And whereas the elections, appointed to be made by this Constitution, on the last Wednesday of October 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 may be completed: And the order of the elections shall be as follows—The vacancies in the Senate, if any, shall be first filled up: 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 up the vacancy, if any, in the Council.
Secretary,Treasurer, Commissary-genetral, &c.
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.
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 incase of the death, removal, or inability, of the Secretary, his Deputy shall 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 Treasurers, and 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, and 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.
And the Legislature, on the application of the major part of the inhabitants of any county, shall have aathority to divide the same into two districts for registering deeds, if to thera 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 dudes 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.
JUDICIARY POWER. IT shall be the duty of the General Court to make a reform in the Judiciary System, that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a review after the cause has been determined against him twice by Jury.
The General Court are hereby empowered to make alterations in the power and jurisdiction of the Courts of Common Pleas, and General Sessions of the Peace, respectively; or, if they shall judge it necessary for the public good, to abolish those Courts, or either of them, and invest such other Courts, as they may establish, with the jurisdiction and powers now vested in the Court of Common Pleas, and Courts of General Sessions of the Peace, as the General Court may, from time to time, judge expedient for the due administration of law and justice.
And it shall be the duty of the General Court, to vest in such Court or Courts of law as to them may appear expedient, the power of granting new trials, or a trial after judgment, either upon verdict of a Jury, default, nonsuit, or complaint, for affirmation of judgment, in all cases where substantial justice has not been done, except as before excepted, in such manner, and under such restrictions and regulations, as to the.General Court may appear for the public good: Provided, application be made for such review on trial within one year from the rendition of judgment.
For the more eli'ectual preserving the proper separation of the three great powers of government, agreeably to the 37th Article in the Bill of Rights,fthe power of hearing and deciding in causes of equity shall be vested either in some Judicial Court, or Courts, or in some court to C be
be established 'specially for that purpose: Provided no power shall be granted to any such Courts, incompatible with the Bill of Rights and Constitution. And the powers of said Courts shall be limited and denned byexpress laws: And no suit in equity shall be sustained where clear and adequate remedy may be had at law.
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 state is not concerned; but with right of appeal, to either party, to some other Court, so that a trial by Jury in the last resort may be had. .
No person shall hold the office of Judge of any Court, or 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 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 Justice of the Peace.
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.
No Judge, or Register of Probate, shall be of counsel, act as an advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any Court of Probate in the county of which he is Judge or Register.
Clerks of Court. THE Judges of the Courts (those of Probate excepted) shall appoint their respective Clerks, to hold their office during 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.