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benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments, among the people: [provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination].1


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[Art. 83 (84).] Any person chosen [governor],2 councilor, Oath of civil senator, or representative, military or civil officer (town officers xxv, 458. excepted), accepting the trust, shall, before he proceeds to exe- lxvii, 49. cute the duties of his office, make and subscribe the following declaration, viz. :

[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.]8

I, A B, do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this constitution and the laws of the state of New Hampshire. So help me God.

[Any person having taken and subscribed the oath of allegiance, [and the same being filed in the secretary's office],4 he shall not be obliged to take said oath again.]5

Provided, always, when any person chosen or appointed as aforesaid shall be of the denomination called Quakers, or shall be scrupulous of swearing and shall decline taking the said

* Inserted, 1877.
? Substituted for “president," 1793.
3 Substituted for original oath, 1793.

* Inserted in engrossed copy of Constitution as amended 1793, apparently without authority.

* Inserted, 1793.

oaths, such [person]1 shall take and subscribe them, omitting the word " swear,” and likewise the words “ So help me God," subjoining, instead thereof, - This I do under the pains and

penalties of perjury.Before whom

[Art. 84 (85).] [And the oaths or affirmations shall be taken.

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 altered and amended, 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 man

ner as the legislature shall from time to time appoint.]2 Form of com- [Art. 85 (86).] All commissions shall be in the name of the missions.

state of New Hampshire, signed by the [governor), 8 and attested by the secretary or his deputy, and shall have the great

seal of the state affixed thereto. Form of writs. [Art. 86 (87).] All writs issuing out of the clerk's office, in i, 139.

any of the courts of law, shall be in the name of the state of xix, 394. xxxii, 87.

New Hampshire, shall be under the seal of the court whence lvii, 188. they issue, and bear test of the chief, first, or senior justice of lxvi, 369.

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 same shall be returnable ; and be signed by the clerk of such

court. Form of in

[Art. 87 (88).] All indictments, presentments, and informadictments. ix, 468. tions shall conclude, against the peace and dignity of the state." Suicides and [Art. 88 (89).] The estates of such persons as may destroy deodands.

their own lives shall not for that offense be forfeited, but descend or ascend in the same manner 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 wise forfeited on account of such misfortune.

XV, 37.

X, 347.

1 Inserted in engrossed copy of Constitution as amended 1793, apparently without authority.

2 Substituted for original section, 1793. 3 Substituted for "president,” 1793.

to continue

58, 173.


[Art. 89 (90).] All the laws which have heretofore been Existing laws adopted, used, and approved in the province, colony, or state in force, if not of New Hampshire, and usually practiced on in the courts of constitution. law, shall remain and be in full force until altered and repealed 11, 44. by the legislature, such parts thereof only excepted as are i: 4047 repugnant to the rights and liberties contained in this constitu- xiii, 542.

xiv, 284. tion: provided, that nothing herein contained, when compared xxiv, 223, with the twenty-third article in the bill of rights, shall be con- xliii, 602. strued to affect the laws already made respecting the persons or lxvi, 300.

liv, 286, 548. estates of absentees.

[Art. 90 (91).] The privilege and benefit of the habeas Habeas corcorpus shall be enjoyed in this state in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the legislature except upon the most urgent and pressing occasions, and for a time not exceeding three months. [Art. 91 (92).] The enacting style, in making and passing Enacting

style of statacts, statutes, and laws, shall be, Be it enacted by the Senate utes.

lxiii, 575. and House of Representatives in General Court convened.

[Art. 92 (93).] No [governor] 1 or judge of the (supreme Governor and judicial] 2 court shall hold any office or place under the author-hibited from

holding other ity of this state, except such as by this constitution they are offices. admitted to hold, saving that the judges of the said court may hold the offices of justice of the peace throughout the state ; nor shall they hold any place or office or receive any pension or salary from any other state, government, or power whatever.

[Art. 93 (94).] No person shall be capable of exercising at Incompatibilthe same time more than one of the following offices within this only two oftistate, viz. : judge of probate, sheriff, register of deeds; and to be holden never more than two offices of profit, which may be held by at same time. appointment of the [governor]or [governor] 1 and council, or senate and house of representatives, or superior or inferior courts, military offices and offices of justices of the peace excepted.

[Art. 94 (95).] [No person holding the office of judge of Incompatibil. any court (except special judges), secretary, treasurer of the offices.

Substituted for president,'' 1793. ? Substituted for "superior" in engrossed copy of Constitution as amended 1793, apparently without authority.

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 officers 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 any 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 their 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 house of

representatives.] 1 Bribery and [Art. 95 (96).] No person shall ever be admitted to hold a corruption disqualify for

seat in the legislature, or any office of trust or importance under office. this government, who, in the due course of law, has been con

victed of bribery or corruption in obtaining an election or

appointment. Value of [Art. 96 (97).] In all cases where sums of money are menmoney, how computed.

tioned in this constitution, the value thereof shall be computed

in silver at six shillings and eight pence per ounce. Constitution, [Art. 97 (98).] [To the end that there may be no failure of when to take effect. justice or danger to the state by the alterations and amend

ments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrange

ments accordingly. ]a: Revision of [Art. 98 (99).] It shall be the duty of the selectmen and constitution provided for. assessors of the several towns and places in this state, in warn

ing the first annual meetings for the choice of senators, after the expiration of seven years from the adoption of this constitu

1 Substituted for original section, 1793. * See act of December 14, 1792. 3 Substituted for original section, 1793.

tion as amended, to insert expressly in the warrant this purpose amocg 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 return 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. [Art. 99 (100).] [And the same method of taking the sense Question on

revision to be of the people as to a revision of the constitution and calling a taken every

seven years. convention for that purpose shall be observed afterward, at the expiration of every seven years.] [Art. 100 (101).] This form of government shall be enrolled Enrollment

of constituon parchment and deposited in the secretary's office, and be a tion. part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this state in all future editions thereof.


* Substituted for last section of original Constitution, 1793. :

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