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The members of the Council may be impeached by the House and tried by the Senate for bribery, corruption, 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 five districts as nearly equal as may be, governing themselves by the number of rateable polls and proportion of public taxes, each District to select a Councillor; and in case of such division, 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 shall 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.
Under the head SECRETARY, &c.
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 exercise all the duties of the office of Secretary of this State until another shall be appointed.
L. 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.
That the paragraph under this head in the Constitution be expunged, and the following substituted in the lieu thereof:
The County Treasurer and Register of Deeds, shall be elected by the inhabitants of the several Towns in the several Counties in the State, according to the method now practiced 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 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.
The County Treasurer and Register of deeds 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 or District, for the punctual performance of their respective trusts.
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 practiced; 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 Courts 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, non-suit, 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 reviews or trial within one year from the rendition of judgment.
For the more effectually preserving the proper separation of the three great powers of Government agreeably to the 37th article in the Bill of rights, the power of hearing and deciding in causes of equity shall be vested either in some judicial Court or Courts, or in some Court to 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 defined by express 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 justices of the peace jurisdiction in civil causes when the damages demanded shall not exceed four pounds, and title of real estate 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 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.
That the paragraph under the head " CLERKS OF COURT" in the Constitution be expunged, and the following substituted :- viz.
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 council in any cause in the Court of which he is clerk, nor shall he draw any writ originating a civil action.
The Oath of allegiance in the Constitution shall be expunged, and the following shall be substituted in lieu thereof:
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.
Any person having taken and subscribed the oath of allegiance shall not be obliged to take said oath again.
And the Oath or affirmations shall be taken and subscribed by the 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 Constitution as amended and altered, before the President of the State and a majority of the Councillors then in office; and forever afterwards before the Governor 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.
That the 15th paragraph in this Constitution under the head "OATHS & SUBSCRIPTIONS" &c. be expunged, and the following substituted in lieu thereof, viz. :