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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
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. :
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 of the 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.
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 arrangment 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 meeting, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court to call 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 at purpose, shall be observed afterwards at the expiration of every seven years.