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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 thercof, and 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.
The general court are impowered to give to justices of the peace jurisdiction in civil causes where 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.
LIX. 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.
LX. 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 a judge or justice of the peace.
LXI. All matters relating to the probate of wills, and granting of 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.
LXII. 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 paragraphs under the head of clerks of courts, in the constitution, be expunged, and the following substituted.
The judges of the courts, those of the 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.
That the paragraphs in the constitution under the head delegates to Congress be expunged.
The oath of allegiance in the constitution shall be expunged and the following substituted in lieu thereof, viz.
I A. B. do solemnly swear, that I will bear faith and true allegiance to the state of Newhampshire, 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 oaths 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 council 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 fifteenth paragraph in the constitution, under the head oaths, subscriptions, &c. be expunged and the following substituted in lieu thereof.
No person holding the office of judge of any court (except special judges) Secretary, Treasurer of the state, attorney general, commissary general, military officers, receiving pay from the Continent or this state, excepting officers of the militia, occasionally called forth on an emergency, Register of deeds sheriff or officer of the customs, including naval officers Collectors of excise, and state and continental taxes hereafter appointed and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of Congress, or any person holding an office under the United States, shall at the same time hold the office of Governor, or have a seat in the senate or house of representatives or council, but his being chosen and appointed to and accepting the same shall operate as a resignation of his seat in the chair, senate, or house of representatives or council, and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or of house of representatives.
To the end that there may be no failure of justice, or danger to the state by the alterations and amendments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the amendments and alterations shall take effect; and make the necessary arrangements accordingly.
That the last paragraph in the constitution be expunged, and the following substituted in lieu thereof. viz.
It shall be the duty of the selectmen and assessors of the several towns and places in this state, in warning the first annual meeting for the choice of senators, after the expiration of seven years from the adoption of this constitution, as amended to insert expressly in the warrant, this purpose among the others, for the meeting, to wit: to take the sense of the qualified voters on the subject of a revision of the constitution. And the meeting being warned accordingly and not otherwise, the moderator shall take the sense of the qualified voters present, as to the necessity of a revision, and a return of the number of votes for, and against such necessity, shall be made by the clerk, sealed up and directed to the general court at their then next session. And if it shall appear to the general court by such returns, that the sense of the people of the state has been taken and that in the opinion of the majority of the qualified voters, in the state present, and voting at said meetings, there is a necessity for a revision of the constitution; it shall be the duty of the general court to call a convention for that purpose, otherwise the general court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned.
The delegates to be chosen in the same manner, and proportioned as the representatives to the general court; provided, that no alterations shall be made in this constitution, before the same shall be laid before the towns and unincorporated places; and approved by two thirds of the qualified voters present, and voting on the subject.And the same method of taking the sense of the people, as to the revision of the constitution, and calling a convention for that purpose; shall be observed afterwards at the expiration of every seven years.
SAMUEL LIVERMORE, President. Attest: JOHN CALFE, Secretary.
Vote ON ARTICLES OF AMENDMENT TO CONSTITUTION OF NEW
HAMPSHIRE, SUBMITTED TO THE PEOPLE AUG. 27, 1792. Ayes, 2,122 ; Noes, 978.
Constitution Unchanged, 1792 to 1852. Notwithstanding the people were periodically given opportunity by the General Court to order the calling of another constitutional convention, they declined to do so, and the constitution as amended in 1792 was the fundamental law of the State for nearly sixty years. No other State of the American Union has preserved any constitution ratified by the people unmodified for so long a period, although North Carolina closely approached it.
The following table shows the dates of the approval of the several acts of the Legislature during that period, providing for taking the sense of the qualified voters on the expediency of calling a convention to revise the constitution, and the aggregate, the affirmative and the negative votes on the question as returned by the town clerks:
Fifth Constitutional Convention, 1850–51. On Wednesday, November 6, 1850, this convention assembled in Concord, and organized by electing Franklin Pierce of Concord, president, and Thomas J. Whipple of Laconia, secretary.