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In convention resolved, that the following articles of amendments being approved by the people, are so unconnected with other articles, that there is no necessity for again submitting them to the people, to be voted upon, viz. The 2. 3. 4. 6. 7. 9. 10. 26. 27. 28. 39. 49. 50. 51. 52. 53. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. but that said articles be printed, that the people may be informed what is already ratified.
That the word assembly, be expunged, and the word legislature inserted.
That the words “ those of” be expunged, and the word “ dye" be expunged, and the word • offences” inserted.
Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers and all his possessions — therefore all warrants to search suspected places, or arrest a person for examination, or trial in prosecutions for criminal matters, are contrary to this right if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in a warrant to a civil officer to make search of suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search or seizure; and no warrant ought to be issued but in case, and with the formalities prescribed by law.
The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.
It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit, it is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject however to such limitations on account of age as may be provided by the constitution of the state, and that they should have honorable salaries ascertained and established by standing laws.
No member of the general court shall take fees, be of council, or act as advocate in any cause before either branch of the legislature, and upon due proof thereof, such member shall forfeit his seat in the legislature.
The doors of the galleries of each house of the legislature, shall be kept open to all persons who behave decently, except when the welfare of the state in the opinion of either branch shall require secrecy.
The members of both houses of the legislature shall be compensated for their services out of the treasury of the state, by a law made for that purpose, such members attending seasonably, and not departing without licence.
All intermediate vacancies in the house of representatives may be filled up from time to time, as the annual elections are made.
The house of representatives shall be judge of the returns, elections, and qualifications of its members; as pointed out in this constitution.
The journals of the proceedings, and all public acts of both houses of the legislature shall be printed and published immediately after every adjournment or prorogation: And upon motion made by any one member the yeas and nays upon any question shall be entered on the journals; and any member of the senate or house of representatives shall have a right on motion made at the time for that purpose to have his protest or dissent with the reasons against any vote, resolve or bill passed, entered on the journals.
The several paragraphs under the head President in the constitution shall be altered by expunging the word President, and inserting the word Governor in lieu thereof.
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 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.
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, provide nevertheless, the legislature shall have authority to alter the manner of certifying the votes & 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 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.
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.