Chris Esh worked on New Hampshire I think this is ready to go JW 9/2/04 *** I am unsure about the start date *** *** CSTART NH 09/05/1792 01/01/2005 *** CONSTITUTION OF NEW HAMPSHIRE The Constitution of New Hampshire, as altered and amended by a convention of delegates held at Concord, in said State, by adjournment, on the second Wednesday of February, 1792. *** ASTART 001.0 NH 1792 *** Part First The Bill of Rights *** SSTART 001.0 001.0 0 NH 1792 *** Article I. All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good. *** SEND *** *** SSTART 002.0 001.0 0 NH 1792 *** Art. II. All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty acquiring, possessing and protecting property-and in a word, of seeking and obtaining happiness. *** SEND *** *** SSTART 003.0 001.0 0 NH 1792 *** Art. III. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to insure the protection of others; and, without such an equivalent, the surrender is void. *** SEND *** *** SSTART 004.0 001.0 0 NH 1792 *** Art. IV. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the RIGHTS OF CONSCIENCE. *** SEND *** *** SSTART 005.0 001.0 0 NH 1792 *** Art. V. Every individual has a natural and unalienable right to worship GOD according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained in his person, liberty or estate for worshipping GOD, in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace, or disturb others, in their religious worship. *** SEND *** *** SSTART 006.0 001.0 0 NH 1792 *** Art. VI. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due subjection; and as the knowledge of these, is most likely to be propagated through a society by the institution of the public worship of the DEITY, and of public instruction in morality and religion; therefore, to promote those important purposes, the people of this state have a right to impower, and do hereby fully impower the legislature to authorize from time to time, the several towns, parishes, bodies-corporate, or religious societies within this state, to make adequate provision at their own expence, for the support and maintenance of public protestant teachers of piety, religion and morality: Provided notwithstanding, That the several towns, parishes, bodies-corporate, or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no portion of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of christians demeaning themselves quietly, and as good subjects of the state, shall be equally under the protection of the law: and no subordination of any one sect or denomination to another, shall ever be established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this constitution had not been made. *** SEND *** *** SSTART 007.0 001.0 0 NH 1792 *** Art. VII. The people of this state, have the sole and exclusive right of governing themselves as a free, sovereign, and independent state, and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction and right pertaining thereto, which is not, or may not hereafter be by them expressly delegated to the United States of America in Congress assembled. *** SEND *** *** SSTART 008.0 001.0 0 NH 1792 *** Art. VIII. All power residing originally in, and being derived from the people, all the magistrates and officers of government, are their substitutes and agents, and at all times accountable to them. *** SEND *** *** SSTART 009.0 001.0 0 NH 1792 *** Art. IX. No office or place whatsoever in government, shall be hereditary-the abilities and integrity requisite in all, not being transmissible to posterity or relations. *** SEND *** *** SSTART 010.0 001.0 0 NH 1792 *** Art. X. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any one man, family or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought, to reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. *** SEND *** *** SSTART 011.0 001.0 0 NH 1792 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office. *** SEND *** *** SSTART 012.0 001.0 0 NH 1792 *** Art. XII. Every member of the community has a right to be protected by it in the enjoyment of his life, liberty and property; he is therefore bound to contribute his share in the expence of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they or their representative body have given their consent. *** SEND *** *** SSTART 013.0 001.0 0 NH 1792 *** Art. XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. *** SEND *** *** SSTART 014.0 001.0 0 NH 1792 *** Art. XIV. Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries lie may receive in his person, property or character, to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. *** SEND *** *** SSTART 015.0 001.0 0 NH 1792 *** Art. XV. No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, and counsel. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land. *** SEND *** *** SSTART 016.0 001.0 0 NH 1792 *** Art. XVI. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. --Nor shall the legislature make any law that shall subject any person to a capital punishment, excepting for the government of the army and navy, and the militia in actual service, without trial by jury. *** SEND *** *** SSTART 017.0 001.0 0 NH 1792 *** Art. XVII. In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed; except in cases of general insurrection in any particular county, when it shall appear to the Judges of the Superior Court, that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. *** SEND *** *** SSTART 018.0 001.0 0 NH 1792 *** XVIII. All penalties ought to be proportioned to the nature of the offence. No wise legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences. For the same reason a multitude of sanguinary laws is both impolitic and unjust; the true design of all punishments being to reform, not to exterminate, mankind. *** SEND *** *** SSTART 019.0 001.0 0 NH 1792 *** XIX. Every subject has 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 cupposred by oath or affirmation; and if the order in a warrant to a civil officer to make search in suspected places, or to arrest one or more suspected persons, or to seize thier property, be not accompanied with a special designation of the persons or object of search, arrest, or seizure; and no warrant ought to be issued but in cases and with the formalities prescribed by law. *** SEND *** *** SSTART 020.0 001.0 0 NH 1792 *** XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the legislature shall think it necessary hereafter to alter it. [The original constitution had "causes" instead of "cases" This appears to have been altered in the 1792 parchment copy without authorization] *** SEND *** *** SSTART 021.0 001.0 0 NH 1792 *** XXI. In order to reap the fullest advantage of the inestimable privilege of the trial by Jury, great care ought to be taken that none but qualified persons be appointed to serve; and such ought to be fully compensated for their travel, time and attendance. *** SEND *** *** SSTART 022.0 001.0 0 NH 1792 *** XXII. The Liberty of the Press is essential to the security of freedom in a state; it ought, therefore, to be inviolably preserved. *** SEND *** *** SSTART 023.0 001.0 0 NH 1792 *** XXIII. Retrospective laws are highly injurious, oppressive and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offences. *** SEND *** *** SSTART 024.0 001.0 0 NH 1792 *** XXIV. A well regulated militia is the proper, natural, and sure defence of a state. *** SEND *** *** SSTART 025.0 001.0 0 NH 1792 *** XXV. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the legislature. *** SEND *** *** SSTART 026.0 001.0 0 NH 1792 *** XXVI. In all cases, and at all times, the military ought to be under strict subordination to, and governed by the civil power. *** SEND *** *** SSTART 027.0 001.0 0 NH 1792 *** XXVII. No soldier in time of peace, shall be quartered in any house without the consent of the owner; and in time of war, quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. *** SEND *** *** SSTART 028.0 001.0 0 NH 1792 *** XXVIII. No subsidy, charge, tax, impost or duty shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature, or authority derived from that body. *** SEND *** *** SSTART 029.0 001.0 0 NH 1792 *** XXIX. The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for. *** SEND *** *** SSTART 030.0 001.0 0 NH 1792 *** XXX. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place whatsoever. *** SEND *** *** SSTART 031.0 001.0 0 NH 1792 *** XXXI. The legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require. *** SEND *** *** SSTART 032.0 001.0 0 NH 1792 *** XXXII. The people have a right in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives; and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer. *** SEND *** *** SSTART 033.0 001.0 0 NH 1792 *** XXXIII. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. *** SEND *** *** SSTART 034.0 001.0 0 NH 1792 *** XXXIV. No person can in any case be subjected to law martial, or to any pains, or penalties, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. *** SEND *** *** SSTART 035.0 001.0 0 NH 1792 *** XXXV. 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. *** SEND *** *** SSTART 036.0 001.0 0 NH 1792 *** XXXVI. Economy being a most essential virtue in all states, especially in a young one; no pension shall be granted, but in consideration of actual services, and such pensions ought to be granted with great caution, by the legislature, and never for more than one year at a time. *** SEND *** *** SSTART 037.0 001.0 0 NH 1792 *** XXXVII. In the government of this state, the three essential powers thereof, to wit, the legislative, executive and judicial, ought to be kept as separate from and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. *** SEND *** *** SSTART 038.0 001.0 0 NH 1792 *** XXXVIII. A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all principles in the choice of their officers and representatives: and they have a right to require of their law-givers and magistrates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government. *** SEND *** *** AEND *** *** ASTART 002.0 NH 1792 *** PART II. -- THE FORM OF GOVERNMENT *** SSTART 001.0 002.0 0 NH 1792 *** [Art.] 1. The people inhabiting the territory formerly called the Province of New- Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent Body-politic, or State, by the name of THE STATE OF NEW HAMPSHIRE. *** SEND *** *** SSTART 002.0 002.0 0 NH 1792 *** THE GENERAL COURT [Art.] 2. The supreme legislative power within this state shall be vested in the senate and house of representatives, each of which shall have a negative on the other. *** SEND *** *** SSTART 003.0 002.0 0 NH 1792 *** [Art.] 3. The senate and house, shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary; and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday of June; and shall be stiled THE GENERAL COURT OF NEW-HAMPSHIRE. *** SEND *** *** SSTART 004.0 002.0 0 NH 1792 *** [Art.] 4. The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the state, for the hearing, trying, and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising, or happening within this state, or between or concerning persons inhabiting or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and execution thereon. To which courts and judicatories are hereby given and granted full power and authority, from time to time to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. *** SEND *** *** SSTART 005.0 002.0 0 NH 1792 *** [Art.] 5. And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant, or contrary to this constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming, and settling all civil officers within this State; such officers excepted the election and appointment of whom, are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents within the said state; and upon all estates within the same; to be issued and disposed of by warrant under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same. *** SEND *** *** SSTART 006.0 002.0 0 NH 1792 *** [Art.] 6. And while the public charges of government or any part thereof shall be assessed on polls and estates in the manner that has heretofore been practiced; in order that such assessments may be made with equality, there shall be a valuation of the estates within the state taken anew once in every five years at least, and as much oftener as the general court shall order. *** SEND *** *** SSTART 007.0 002.0 0 NH 1792 *** [Art.] 7. No member of the general court shall take fees, be of counsel, or act as advocate in any cause before either branch or the legislature; and upon due proof thereof such member shall forfeit his sear in the legislature. *** SEND *** *** SSTART 008.0 002.0 0 NH 1792 *** [Art.] 8. The doors of all the galleries of each house of the legislature shall be kept open to all persons who behave decently, except when the wlfare of the State, in the opinion of either branch, shall require secrecy. *** SEND *** *** SSTART 009.0 002.0 0 NH 1792 *** HOUSE OF REPRESENTATIVES [Art.] 9. THERE shall be in the legislature of this state a representation of the people annually elected and founded upon principles of equality: and in order that such representation may be as equal as circumstances will admit, every town, parish or place intitled to town privileges, having one hundred and fifty rateable male polls, of twenty-one years of age, and upwards, may elect one representative; if four hundred and fifty rateable polls, may elect two representatives; and so proceeding in that proportion, making three hundred such rateable polls the mean increasing number, for every additional representative. *** SEND *** *** SSTART 010.0 002.0 0 NH 1792 *** [Art.] 10. Such towns, parishes or places as have less than one hundred and fifty rateable polls shall be classed by the general assembly for the purpose of chusing a representative, and seasonably notified thereof. And in every class formed for the above-mentioned purpose, the first annual meeting shall be held in the town, parish, or place wherein most of the rateable polls reside; and afterwards in that which has the next highest number, and so on annually by rotation, through the several towns, parishes or places, forming the district. *** SEND *** *** SSTART 011.0 002.0 0 NH 1792 *** [Art.] 11. Whenever any town, parish, or place intitled to town privileges as aforesaid, shall not have one hundred and fifty rateable poles, and be so situated as to render the classing thereof with any other town, parish, or place very inconvenient, the general-assembly may upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a representative to the general court. *** SEND *** *** SSTART 012.0 002.0 0 NH 1792 *** [Art.] 12. The members of the house of representatives shall be chosen annually in the month of March, and shall be the second branch of the legislature. *** SEND *** *** SSTART 013.0 002.0 0 NH 1792 *** [Art.] 13. All persons qualified to vote in the election of senators shall be entitled to vote within the district, where they dwell, in the choice of representatives. [Edited without ratification] *** SEND *** *** SSTART 014.0 002.0 0 NH 1792 *** [Art.] 14. Every member of the house of representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this state, shall have an estate within the town, parish, or place which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a freehold whereof he is seized in his own right; shall be at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent; shall be of the protestant religion, and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid. *** SEND *** *** SSTART 015.0 002.0 0 NH 1792 *** [Art.] 15. 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 license. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 016.0 002.0 0 NH 1792 *** [Art.] 16. All intermediate vacancies in the house of Representatives, may be filled up from time to time, in the same manner as annual elections are made. *** SEND *** *** SSTART 017.0 002.0 0 NH 1792 *** [Art.] 17. The house of representatives shall be the grand inquest of the state, and all impeachments made by them, shall be heard and tried by the senate. *** SEND *** *** SSTART 018.0 002.0 0 NH 1792 *** [Art.] 18. All money bills shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills. *** SEND *** *** SSTART 019.0 002.0 0 NH 1792 *** [Art.] 19. The house of representatives shall have power to adjourn themselves, but no longer than two days at a time. *** SEND *** *** SSTART 020.0 002.0 0 NH 1792 *** [Art.] 20. A majority of the members of the house of representatives shall be a quorum for doing business; but when less than two-thirds of the representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid. *** SEND *** *** SSTART 021.0 002.0 0 NH 1792 *** [Art.] 21. No member of the house of representatives or senate, shall be arrested or held to bail on mean process, during his going to, returning from, or attendance upon the court. *** SEND *** *** SSTART 022.0 002.0 0 NH 1792 *** [Art.] 22. The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the returns, elections, and qualifications of its members, as pointed out in this constitution. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly or contemptuous behaviour, or by threatening, or ill treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house, in assaulting any witness, or other person, ordered to attend by and during his attendance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 023.0 002.0 0 NH 1792 *** [Art.] 23. The senate, president and council, shall have the same powers in like cases; provided that no imprisonment by either, for any offence, exceed ten days. *** SEND *** *** SSTART 024.0 002.0 0 NH 1792 *** [Art.] 24. The journals of the proceedings, and all public acts of both houses of the legislation, 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 taken and entered upon the journal; and any member of the senate or house of representatives shall have a right, on motion made at the same time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 025.0 002.0 0 NH 1792 *** SENATE [Art.] 25. The Senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election. [Amended by Constitutional Convention, 1792] [In the original document, the section on the Senate preceeded the section on the House of Representatives, when the document was renumbered in 1792, the section on the House of Representatives, beginning with Article 9, was placed first.] *** SEND *** *** SSTART 026.0 002.0 0 NH 1792 *** [Art.] 26. And that the State may be equally represented in the senate, the legislature shall, from time to time, divide the State into twelve districts, as nearly equal as may be, without dividing towns and unincorporated places; and in making this division they shall govern themselves by the proportion of direct taxes paid by the said district; and timely make known to the inhabitants of the State the limits of each district. [Amended by Constitutional Convention, 1792.] *** SEND *** *** SSTART 027.0 002.0 0 NH 1792 *** [Art.] 27. The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall annually give in thier votes for a senator, at some meeting holden in the month of March. [Amended by Constitutional Convention, 1792.] *** SEND *** *** SSTART 028.0 002.0 0 NH 1792 *** [Art.] 28. The senate shall be the first branch of the legislature, and the senators shall be chosen in the following manner, viz: every male inhabitant of each town and parish with town privileges, and places unincorporated, in this State, of twenty-one years of age and upward, excepting paupers and persons excused from paying taxes at thier own request, shall have a right, at the annual or other meeting of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senators in the county or district where of he is a member. [Amended by Constitutional Convention, 1792.] *** SEND *** *** SSTART 029.0 002.0 0 NH 1792 *** [Art.] 29. Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the protestant religion, and seized of a freehold estate in his own right of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. *** SEND *** *** SSTART 030.0 002.0 0 NH 1792 *** [Art.] 30. And every person qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish and plantation where he dwelleth and hath his home. *** SEND *** *** SSTART 031.0 002.0 0 NH 1792 *** [Art.] 31. And the inhabitants of plantations and places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town-clerks have in their several towns by this constitution. *** SEND *** *** SSTART 032.0 002.0 0 NH 1792 *** [Art.] 32. The meetings for the choice of governor, council, and senators shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend,) in open meeting, receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for senators; and shall in said meetings, in presence of said selectmen, and of the town clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for and the number of votes for each person; and the town clerk shall make a fair record of the same at large, in the town book, and shall make a fair attested copy thereof, to be by him sealed up and directed to the secretary of the State, with a superscription expressing the purport thereof; and the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or parish shall lie, thirty days at least before the the first Wednesday of June, or to the secretary of state at least twnety days before the said first Wednesday of June; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the secretaries office, at least twenty days before the first Wednesday in June. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 033.0 002.0 0 NH 1792 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of June annually, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless,That for the first year the said returned copies shall be examined by the president (?) and the majority of the council then in office; and the said president shall in like manner notify the persons elected to attend and take their seats accordingly. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 034.0 002.0 0 NH 1792 *** [Art.] 34. And in case there shall not appear to be a senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz: the members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up in every district of the State; and in like manner all the vacancies in the senate arising by death, removal out of the State, or otherwise, shall be supplied, as soon as may be, after such vacancies happen. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 035.0 002.0 0 NH 1792 *** [Art.] 35. The senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this constitution. *** SEND *** *** SSTART 036.0 002.0 0 NH 1792 *** [Art.] 36. The senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided, nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislautre be not assembled on such day or at such place. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 037.0 002.0 0 NH 1792 *** [Art.] 37. The senate shall appoint their own president and other officers, and determine their own rules of proceedings. And not less than seven members of the senate shall make a quorum for doing business; and when less than eight senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 038.0 002.0 0 NH 1792 *** [Art.] 38. The senate shall be a court with full power and authority to hear, try, and determine all impeachments made by the house of representatives, against any officer or officers of the State, for bribery, corruption, malpractice, or maladministration in office, with full power to issue summons or compulsory process, convening with witnesses before them; but previous to the trial of any such impeachment, the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. And every officer impeached for bribery, corruption, malpractice, or maladministration in office shall be served with an attested copy of the impeachment and order of the senate thereon, with such citation as the senate may direct, setting forth the time and place of thier sitting to try the impeachment; which service may be made by the sheriff, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trail; and such citation being duly served and returned, the senate may proceed in the hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defence by himself and counsel; and may also, upon his refusing or neglecting to appear, hear the proofs in support of the impeachment and render judgment thereon, his non-appearance notwithstanding; and such judgment shall have the same force and efect as if the person impeached had appeared and pleaded in the trial. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 039.0 002.0 0 NH 1792 *** [Art.] 39. Their judgment, however, shall not extend farther than removal from office, disqualification to hold or enjoy any place of honor, trust or profit under this state; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to laws of the land. *** SEND *** *** SSTART 040.0 002.0 0 NH 1792 *** [Art.] 40. Whenever the governor shall be inpeached, the chief justice of the supreme judicial court shall, during the trial, preside in the senate but have no vote therein. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 041.0 002.0 0 NH 1792 *** EXECUTIVE POWER Governor [Art.] 41. There shall be a supreme executive magistrate, who shall be stiled, governor of the State of New Hampshire; and whose title shall be His Excellency. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 042.0 002.0 0 NH 1792 *** [Art.] 42. The governor shall be chosen annually in the month of March; and the votes for governor shall be received, sorted, counted, certified, and returned in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday of June, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot, elect on of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years; and unless he shall at the same time, have an estate of the value of flve hundred pounds, one half of which shall consist of a freehold, in his own right, within the state; and unless he shall be of the Protestant religion. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 043.0 002.0 0 NH 1792 *** [Art.] 43. In cases of disagreement between the two houses, with regard to the time or place of adjournment, or prorogation the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths or lives of the members from their attendance, the president may direct the session to be holden at some other, the most convenient place within the State. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 044.0 002.0 0 NH 1792 *** [Art.] 44. Every bill which shall have passed both houses of the general court, shall, before it becomes a law, be presented to the governor, if he approves, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of persons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 045.0 002.0 0 NH 1792 *** [Art.] 45. Every resolve shall be presented to the governor, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 046.0 002.0 0 NH 1792 *** [Art.] 46. All judicial officers, the attorney-general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field-officers of the militia shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 047.0 002.0 0 NH 1792 *** [Art.] 47. The governor and council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 048.0 002.0 0 NH 1792 *** [Art.] 48. The captains and subalterns in the respective regiments shall be nominated and recommended by the field officers to the governor, who is to issue their commissions immediately on receipt of such recommendation. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 049.0 002.0 0 NH 1792 *** [Art.] 49. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor he shall not hold his office in the senate. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 050.0 002.0 0 NH 1792 *** [Art.] 50. The governor, with advice of council, shall have full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 051.0 002.0 0 NH 1792 *** [Art.] 51. The governor of this state for the time being, shall be commander in chief of the army and navy, and all the military forces of the state, by sea and land; and shall have full power by himself, or by any chief commander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy; and for the special defence and safety of this state to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state; and also to kill slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this state; and to use and exercise over the army and navy , and over the militia in actual service, the law-martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require: and surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade or attempt the invading, conquering, or annoying this state: and in fine, the governor hereby is entrusted with all other powers incident to the office of captain-general and commander in chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land; Provided, That the governor shall not at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court, nor grant commissions for exercising the law-martial in any case, without the advice and consent of the council. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 052.0 002.0 0 NH 1792 *** [Art.] 52. The power of pardoning offences, except such as persons may be convicted of before the senate by impeachment of the house, shall be in the governor by and with the advice of the council: but no charter of pardon granted by the governor with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 053.0 002.0 0 NH 1792 *** [Art.] 53. No officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court-martial, pursuant to the laws of the state for the time being. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 054.0 002.0 0 NH 1792 *** [Art.] 54. The commanding officers of the regiments shall appoint their adjutants and quarter- masters; the brigadiers their brigade-majors, the major-generals their aids; the captains and subalterns their noncommissioned officers. *** SEND *** *** SSTART 055.0 002.0 0 NH 1792 *** [Art.] 55. The division of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this state, until the same shall be altered by some future law. *** SEND *** *** SSTART 056.0 002.0 0 NH 1792 *** [Art.] 56. No moneys shall be issued out of the treasury of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit, or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and with the advice and consent of the council, for the necessary support and defense of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 057.0 002.0 0 NH 1792 *** [Art.] 57. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this state, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity, and kind of each, as particularly as may be; together with the condition of such forts an garrisons: and the commanding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbour or harhours adjacent. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 058.0 002.0 0 NH 1792 *** [Art.] 58. The president and council shall be compensated for their services from time to time by such grants as the general court shall think reasonable. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 059.0 002.0 0 NH 1792 *** [Art.] 59. Permanent and honorable salaries shall be established by law for the justices of the superior court. *** SEND *** *** SSTART 060.0 002.0 0 NH 1792 *** COUNCIL [Art.] 60. There shall be annually by ballot five councillors, for advising the governor in the executive part of government. The freeholders and other inhabitants of each country, qualified to vote for senators, shall, some time in the month of March, give in thier votes for one councillor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the seante and house of representatives on the first Wendesday of June. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 061.0 002.0 0 NH 1792 *** [Art.] 6l. And the person having a majority of votes in any county, shall be considered as duly elected a councilor: But if no person shall have a majority of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect by joint ballot, the councilor wanted for such county, and the qualifications for councilors shall be the same as for senator. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 062.0 002.0 0 NH 1792 *** [Art.] 62. If any person thus chosen a councilor, shall be elected governor or member of either branch of the legislature, and shall accept the trust; or if any person elected a councilor, shall refuse to accept the office, or in case of the death, resignation, or removal of any councilor out of the state, the governor may issue a precept for the election of a new councilor in that county where such vacancy shall happen and the choice shall be in the same manner as before directed. And the governor shall have full power and authority to convene the council, from time to time, at his discretion; and, with them, or the majority of them, may and shall, from time to time hold a council, for ordering and directing the affairs of the state, according to the laws of the land. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 063.0 002.0 0 NH 1792 *** [Art.] 63. The members of the council may be impeached by the house, and tried by the senate for bribery, corruption, malpractice, or maladministration. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 064.0 002.0 0 NH 1792 *** [Art.] 64. The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all 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. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 065.0 002.0 0 NH 1792 *** [Art.] 65. 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 ratable polls and proportion of public taxes; each district to elect a councillor; and in case of such division, the manner of the choice shall be comfortable to the present mode of election in the countries. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 066.0 002.0 0 NH 1792 *** [Art.] 66. And Whereas, The elections appointed to be made by this constitution on the first Wednesday of June, annually, by the two houses of the legislautre, may not be completed on that day, the said elections may be adjourned from day to day until the same be completed. And the order of the elections shall be as follows: the vacancies of the senate, if any, shall be first filled up; the governor shall then be electd, provided there should be no choice of him by the people; and afterward the two houses shall proceed to fill up the vacancy, if any, in the council. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 067.0 002.0 0 NH 1792 *** SECRETARY, TREASURER, COMMISSARY-GENERAL, &C [Art.] 67. The Secretary, treasurer, and commissary-general, shall be chosen by joint ballot of the senators and representatives assembled in one room. *** SEND *** *** SSTART 068.0 002.0 0 NH 1792 *** [Art.] 68. The records of the state shall be kept in the office of the secretary, and he shall attend the governor and council, the senate and representaties, in person or by deputy, and they may require who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the president and council, the senate and representatives, in person or by deputy, as they may require. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 069.0 002.0 0 NH 1792 *** [Art.] 69. The secretary of 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 seretary of their state until another shall be appointed. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 070.0 002.0 0 NH 1792 *** [Art.] 70. 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. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 071.0 002.0 0 NH 1792 *** COUNTY-TREASURER, &C [Art.] 71. The county treasurers and registers 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 present 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 electing them. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 072.0 002.0 0 NH 1792 *** [Art.] 72. And the legislature, on the application of the major part of the inhabitants of any country, 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; and 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, for the punctual performance of their respective trusts. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 073.0 002.0 0 NH 1792 *** JUDICIARY POWER [Art.] 73. The tenure, that all commission officers shall have by law in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this constitution: Provided nevertheless, the governor, with consent of council, may remove them upon the address of both houses of the legislature. [Amended by Constitutional Convention, 1792. "President" was changed to "governor" by the convention, but the first authorized constitution failed to reflect this change. Subsequent printed editions referred to the execuitve as the "governor."] *** SEND *** *** SSTART 074.0 002.0 0 NH 1792 *** [Art.] 74. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the superior court upon important questions of law, and upon solemn occasions. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 075.0 002.0 0 NH 1792 *** [Art.] 75. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall become void, at the expiration of five years from their respective dates; and upon the expiration of any commission, the same may, if necessary , appointed, as shall most conduce to the well- being of the State. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 076.0 002.0 0 NH 1792 *** [Art.] 76. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court, until the legislature shall, by law make other provision. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 077.0 002.0 0 NH 1792 *** [Art.] 77. The general court are empowered to give to justices of the peace jurisdiction in civil cases 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 jury, in the last resort, may be had. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 078.0 002.0 0 NH 1792 *** [Art.] 78. 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. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 079.0 002.0 0 NH 1792 *** [Art.] 79. 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. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 080.0 002.0 0 NH 1792 *** [Art.] 80. 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. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 081.0 002.0 0 NH 1792 *** [Art.] 8l. 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. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 082.0 002.0 0 NH 1792 *** CLERKS OF COURTS [Art.] 82. 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 counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 083.0 002.0 0 NH 1792 *** ENCOURAGEMENT OF LITERATURE, &C [Art.] 83. KNOWLEDGE, and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end, it shall be the duty of the legislators and the magistrates, in all future periods of this government to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments, among the people. *** SEND *** *** SSTART 084.0 002.0 0 NH 1792 *** OATH AND SUBSCRIPTIONS; EXCLUSION FROM OFFICES; COMMISSIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STILE; CONTINUANCE OF OFFICERS; PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION, ETC [Art.] 84. Any person chosen governor, counsellor, senator, or representative, military or civil officer (town officers excepted,) accepting the trust, shall, before he proceeds to execute 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 consittution thereof. So help me God. "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, he shall not be obliged to said oath again: 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 oaths, such shall take and subscribe them omitting the word "swear," and likewise the words "So help me God," subjoined instead thereof, "This I do under the pains and penalties of perjury." [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 085.0 002.0 0 NH 1792 *** [Art.] 85. And the oaths or affirmations shall be taken and subscribed by the governor before the president of the senate, in the presence of the legislature, and by the senate 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 afterword 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. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 086.0 002.0 0 NH 1792 *** [Art.] 86. All commissions shall be in the name of the state of New Hampshire, signed by the governor, and attested by the secretary, or his deputy, and shall have the great seal of the state affixed thereto. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 087.0 002.0 0 NH 1792 *** [Art.] 87. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the state of New Hampshire; shall be under the seal of the court whence they issue, and bear test of the chief, first, or senior justice of 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. *** SEND *** *** SSTART 088.0 002.0 0 NH 1792 *** [Art.] 88. All indictments, presentments, and informations, shall conclude, "against the peace and dignity of the state." June 2, l784 *** SEND *** *** SSTART 089.0 002.0 0 NH 1792 *** [Art.] 89. The estates of such persons as may destroy 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. *** SEND *** *** SSTART 090.0 002.0 0 NH 1792 *** [Art.] 90. All the laws which have heretofore been adopted, used, and approved, in the province, colony, or state of New Hampshire, and usually practiced on in the courts of law, shall remain and be in full force, until altered and repealed by the legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this constitution: Provided that nothing herein contained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws already made respecting the persons, or estates of absentees. *** SEND *** *** SSTART 091.0 002.0 0 NH 1792 *** [Art.] 9l. The privilege and benefit of the habeas corpus, 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 most urgent and pressing occasions, and for a time not exceeding three months. *** SEND *** *** SSTART 092.0 002.0 0 NH 1792 *** [Art.] 92. The enacting style in making and passing acts, statutes, and laws, shall be, Be it enacted by the Senate and House of Representatives in General Court convened. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 093.0 002.0 0 NH 1792 *** [Art.] 93. No governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this state, except such as by this constitution they are 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. [Amended by Constitutional Convention, 1792. The engrossed copy of 1792, apparently without authority, also changed "superior court" to "supreme judicial court." ] *** SEND *** *** SSTART 094.0 002.0 0 NH 1792 *** [Art.] 94. No person shall be capable of exercising, at the same time more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justice of the peace excepted. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 095.0 002.0 0 NH 1792 *** [Art.] 95. No person holding the office of judge of any court, except special judges, secretary, treasurer of the State, attorney general, commissary-general, military officer 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 thier accounts with the respective officers with whom it is thier 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 seante, or house of representatives, or council; but his being chosen and appointed to and accepting the same shall operate as a resignation of thier seat in the chair, senate, or house of represenatives, or council, and the place so vacated 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 seante or house of representatives. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 096.0 002.0 0 NH 1792 *** [Art.] 96. No person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under this government, who in the due course of law, has been convicted of bribery or corruption, in obtaining an election or appointment. *** SEND *** *** SSTART 097.0 002.0 0 NH 1792 *** [Art.] 97. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce. *** SEND *** *** SSTART 098.0 002.0 0 NH 1792 *** [Art.] 98. 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 alterations and amendments shall take effect, and make the necessary arrangements accordingly. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 099.0 002.0 0 NH 1792 *** [Art.] 99. It shall be the duty of the selectmen and assessors of the several towns and places in this State, in warning the first annual meetings 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 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 the 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 manner before mentioned; the delegates to be chosen in the same manner and proportioned as the representatives to the general court: Provided, That no alternatives 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 votes present and voting on the subject. [Amended by Constitutional Convention, 1792] *** SEND *** *** SSTART 100.0 002.0 0 NH 1792 *** [Art.] 100. 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 afterward, at the expiration of every seven years. [Added by Constitutional Convention, 1792] *** SEND *** *** SSTART 101.0 002.0 0 NH 1792 *** [Art.] 101. This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a 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. *** SEND *** *** AEND *** *** ASTART 9016.0 NH 1792 *** John Pickering, President pro tem. John Calfe, Secretary IN CONVENTION Held at Concord the Fifth Day of September, Anno Domini 1792. The returns, from the several towns and unincorporated places being examined, and it appearing that the foregoing Bill of Rights and Form of Government, as amended by the convention, were approved by more than two-thirds of the qualified voters present in town meetings, and voting upon the question, the same are agreed on and established by the delgates of the people in the convention, and declared to be the civil contsitution of the State of New Hampshire. Samuel Livermore, President John Calfe, Secretary *** AEND *** *** MSTART 001 014.0 002.0 0 NH 1792 1852 *** [Art.] 14. Every member of the house of representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this state; shall be at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent; shall be of the protestant religion, and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid. [Amended by Constitutional convention, 1850. Ratified April 17, 1852]. *** MEND *** *** MSTART 002 029.0 002.0 0 NH 1792 1852 *** [Art.] 29. Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the protestant religion, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. [Amended by Constitutional convention, 1850. Ratified April 17, 1852]. *** MEND *** *** MSTART 003 042.0 002.0 0 NH 1792 1852 *** [Art.] 42. The governor shall be chosen annually in the month of March; and the votes for governor shall be received, sorted, counted, certified, and returned in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday of June, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot, elect on of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years; and unless he shall be of the Protestant religion. [Amended by Constitutional convention, 1850. Ratified April 17, 1852]. *** MEND *** *** MSTART 004 020.0 001.0 0 NH 1792 1877 *** XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practiced, and except in cases in which the value in controversy does not exceed one hundred dollars and title to? real estate is not concerned, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the legislature shall think it necessary hereafter to alter it. *** MEND *** *** MSTART 005 003.0 002.0 0 NH 1792 1877 *** [Art.] 3. The senate and house, shall assemble biennieally on the first Wednesday of June, and at such other times as they may judge necessary; and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday of June; and shall be stiled THE GENERAL COURT OF NEW-HAMPSHIRE. *** MEND *** *** MSTART 006 005.0 002.0 0 NH 1792 1877 *** [Art.] 5. And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant, or contrary to this constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle biennially, or provide by fixed laws for the naming, and settling all civil officers within this State; such officers excepted the election and appointment of whom, are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents within the said state; and upon all estates within the same; to be issued and disposed of by warrant under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same; provided, that the general court shall not authorize any town to loan or give its money or credit, directly or indirectly, for the benefit of any corporation having for its object a divided of profits, or in any way aid the same by taking its stock or bonds. *** MEND *** *** MSTART 007 009.0 002.0 0 NH 1792 1877 *** [Art.] 9. There shall be in the legislature of the State a representation of the people, biennially elected, and founded upon the principles of equality; and in order that such representation may be as equal as circumstances will admit, every town or place entitled to town privileges, and wards of cities having six hundred inhabitants by the last general census of the State, taken by authority of the United States or of this State, may elect one representative; if eighteen hundred such inhabitants, may elect two representatives; and so proceeding in that proportion, making twelve hundred such inhabitants the mean increasing number for any additional representative: Provided, that no town shall be divided, or the boundaries of the wars of ay city so altered, as to increase the number of representatives to which any town or city may be entitled by the next preceding census: And provided further, That to those towns and cities which sice the last census have been divided, or had their boundaries or ward lines changed, the general court, in session next before these amendments shall take effect, shall equitably apportion representation in such manner that the number shall not be greater than it would have been had no such division or alteration been made. *** MEND *** *** MSTART 008 010.0 002.0 0 NH 1792 1877 *** [Art.] 10. Such towns, places, and wards as ahve less than six hundred inhabitants shall be classed by the general court for the purpose of choosing a representative, so that every such class shall contain at least six hundred inhabitants, and be seasonably notified thereof; and in every such class the first meeting shall be held in the town, place, or ward wherein most of the inhabitants reside, and afterwards in that which has the next highest number, and so on, biennially, in rotation through the several towns, places and wards forming the district. *** MEND *** *** MSTART 009 011.0 002.0 0 NH 1792 1877 *** [Art.] 11. Whenever any town, place, or city ward shall have less than six hundred such inhabitants, and be so situated that it cannot conveniently be classed with any other town, place, or ward, the General Court may authorize such town, place, or ward to elect and send to the Gerneral Court such proportionate part of the time as the number of its inhabitants shall bear to six hundred; but the general court shall not authorize any town, place, or ward to elect and send such representative, except as herein provided. *** MEND *** *** MSTART 010 012.0 002.0 0 NH 1792 1877 *** [Art.] 12. The members of the house of representatives shall be chosen biennially in the month of November, and shall be the second branch of the legislature. *** MEND *** *** MSTART 011 014.0 002.0 0 NH 1792 1877 *** [Art.] 14. Every member of the house of representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this state; shall be at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent; and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid. *** MEND *** *** MSTART 012 016.0 002.0 0 NH 1792 1877 *** [Art.] 16. All intermediate vacancies in the house of Representatives, may be filled up from time to time, in the same manner as biennial elections are made. *** MEND *** *** MSTART 013 025.0 002.0 0 NH 1792 1877 *** [Art.] 25. The Senate shall consist of twenty-four members, who shall hold their office for two years from the first Wednesday of June next ensuing their election. *** MEND *** *** MSTART 014 026.0 002.0 0 NH 1792 1877 *** [Art.] 26. And that the State may be equally represented in the senate, the legislature shall, from time to time, divide the State into twenty-four districts, as nearly equal as may be, without dividing towns and unincorporated places; and in making this division they shall govern themselves by the proportion of direct taxes paid by the said district; and timely make known to the inhabitants of the State the limits of each district. *** MEND *** *** MSTART 015 027.0 002.0 0 NH 1792 1877 *** [Art.] 27. The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall biennially give in thier votes for a senator, at some meeting holden in the month of November. *** MEND *** *** MSTART 016 028.0 002.0 0 NH 1792 1877 *** [Art.] 28. The senate shall be the first branch of the legislature, and the senators shall be chosen in the following manner, viz: every male inhabitant of each town and parish with town privileges, and places unincorporated, in this State, of twenty-one years of age and upward, excepting paupers and persons excused from paying taxes at thier own request, shall have a right, at the biennial or other meeting of the inhabitants of said towns and parishes, to be duly warned and holden biennially forever in the month of November, to vote in the town or parish wherein he dwells, for the senators in the county or district where of he is a member. *** MEND *** *** MSTART 017 029.0 002.0 0 NH 1792 1877 *** [Art.] 29. Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. *** MEND *** *** MSTART 018 031.0 002.0 0 NH 1792 1877 *** [Art.] 31. And the inhabitants of plantations and places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden biennially in the month of November, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town-clerks have in their several towns by this constitution. *** MEND *** *** MSTART 019 033.0 002.0 0 NH 1792 1877 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of June biennially, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless,That for the first year the said returned copies shall be examined by the president and the majority of the council then in office; and the said president shall in like manner notify the persons elected to attend and take their seats accordingly. *** MEND *** *** MSTART 020 037.0 002.0 0 NH 1792 1877 *** [Art.] 37. The senate shall appoint their own president and other officers, and determine their own rules of proceedings. And not less than thirteen members of the senate shall make a quorum for doing business; and when less than sixteen senators shall be present, the assent of ten at least shall be necessary to render their acts and proceedings valid. *** MEND *** *** MSTART 021 042.0 002.0 0 NH 1792 1877 *** [Art.] 42. The governor shall be chosen biennially in the month of November; and the votes for governor shall be received, sorted, counted, certified, and returned in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday of June, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot, elect on of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years. *** MEND *** *** MSTART 022 046.0 002.0 0 NH 1792 1877 *** [Art.] 46. All judicial officers, the attorney-general, coroners, registers of probate, and all officers of the navy, and general and field-officers of the militia shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. *** MEND *** *** MSTART 023 060.0 002.0 0 NH 1792 1877 *** [Art.] 60. There shall be biennially by ballot five councillors, for advising the governor in the executive part of government. The freeholders and other inhabitants of each country, qualified to vote for senators, shall, some time in the month of November, give in thier votes for one councillor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the seante and house of representatives on the first Wendesday of June. *** MEND *** *** MSTART 024 066.0 002.0 0 NH 1792 1877 *** [Art.] 66. And Whereas, The elections appointed to be made by this constitution on the first Wednesday of June, biennially, by the two houses of the legislautre, may not be completed on that day, the said elections may be adjourned from day to day until the same be completed. And the order of the elections shall be as follows: the vacancies of the senate, if any, shall be first filled up; the governor shall then be electd, provided there should be no choice of him by the people; and afterward the two houses shall proceed to fill up the vacancy, if any, in the council. *** MEND *** *** MSTART 025 071.0 002.0 0 NH 1792 1877 *** COUNTY-TREASURER, &C [Art.] 71. The county treasurers, registers of probate, solicitors, sheriffs, and registers 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 present 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 electing them. *** MEND *** *** MSTART 026 077.0 002.0 0 NH 1792 1877 *** [Art.] 77. The general court are empowered to give to justices of the peace jurisdiction in civil cases when the damages demanded shall not exceed one hundred dollars, and title of real estate is not concerned; but with right of appeal to either party to some other court. *** MEND *** *** MSTART 027 083.0 002.0 0 NH 1792 1877 *** ENCOURAGEMENT OF LITERATURE, &C [Art.] 83. KNOWLEDGE, and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end, it shall be the duty of the legislators and the magistrates, in all future periods of this government to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general 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 schools or institutions of any religious sect or denomination. *** MEND *** *** MSTART 028 003.0 002.0 0 NH 1792 1889 *** [Art.] 3. The Senate and House, shall assemble biennieally on the first Wednesday of January, and at such other times as they may judge necessary; and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday of January; and shall be stiled THE GENERAL COURT OF NEW-HAMPSHIRE. *** MEND *** *** MSTART 029 010.0 002.0 0 NH 1792 1889 *** [Repealed by Constitutional Convention, 1889] *** MEND *** *** MSTART 030 011.0 002.0 0 NH 1792 1889 *** [Art.] 11. Whenever any town, place, or city ward shall have less than six hundred such inhabitants, the General Court shall authorize such town, place, or ward to elect and send to the General Court such proportionate part of the time as the number of its inhabitants shall bear to six hundred; but the General Court shall not authorize any such town, place, or ward to elect and send such representative, except as herein provided. *** MEND *** *** MSTART 031 015.0 002.0 0 NH 1792 1889 *** [Art.] 15. The presiding officers of both houses of the Legislature shall severally receive out of the state treasury as compensation in full for thier services, for the term elected, the sum of two hundred and fifty dollars, and all other members thereof seasonably attending and not departing wihtout license, the sum of two hundred dollars, exclusive of mileage, provided, however, that when a special session shall be called by the Governor, such officers and members shall receive for attendance as additional compensation of three dollars per day for a period not exceeding fifteen days, and the usual mileage. *** MEND *** *** MSTART 032 025.0 002.0 0 NH 1792 1889 *** SENATE [Art.] 25. The Senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of January next ensuing their election. *** MEND *** *** MSTART 033 032.0 002.0 0 NH 1792 1889 *** [Art.] 32. The meetings for the choice of Governor, Council, and senators shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend,) in open meeting, receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for senators; and shall in said meetings, in presence of said selectmen, and of the town clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for and the number of votes for each person; and the town clerk shall make a fair record of the same at large, in the town book, and shall make a fair attested copy thereof, to be by him sealed up and directed to the secretary of the State, with a superscription expressing the purport thereof; and the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or parish shall lie, thirty days at least before the the first Wednesday of January, or to the secretary of state at least twnety days before the said first Wednesday of January; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the secretaries office, at least twenty days before the first Wednesday in January. *** MEND *** *** MSTART 034 033.0 002.0 0 NH 1792 1889 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of January biennially, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of January, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless,That for the first year the said returned copies shall be examined by the president and the majority of the council then in office; and the said president shall in like manner notify the persons elected to attend and take their seats accordingly. *** MEND *** *** MSTART 035 034.0 002.0 0 NH 1792 1889 *** [Art.] 34. And in case there shall not appear to be a senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz: the members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up in every district of the State; all vacancies in the Senate arising by death, removal out of the State, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the Governor as soon as may be after such vacancies shall happen. *** MEND *** *** MSTART 036 042.0 002.0 0 NH 1792 1889 *** [Art.] 42. The governor shall be chosen biennially in the month of November; and the votes for governor shall be received, sorted, counted, certified, and returned in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday of January, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint ballot, elect on of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years. *** MEND *** *** MSTART 037 043.0 002.0 0 NH 1792 1889 *** [Art.] 43. In cases of disagreement between the two houses, with regard to the time or place of adjournment, or prorogation the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of January. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths or lives of the members from their attendance, the president may direct the session to be holden at some other, the most convenient place within the State. *** MEND *** *** MSTART 038 049.0 002.0 0 NH 1792 1889 *** [Art.] 49 Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor he shall not hold his office in the senate. Whenever the chair both of the Governor and of the president of the Senate shall become vacant, by reason of thier death, absence from the State, or otherwise the speaker of the House shall, during such vacancies, have and execise all the powers and authorities which, by thies Constitution, the Governor is vested with when personally present; but when the speaker of the House shall exercise the office of Governor, he shall not hold his office in the House. *** MEND *** *** MSTART 039 060.0 002.0 0 NH 1792 1889 *** [Art.] 60. There shall be biennially by ballot five councillors, for advising the governor in the executive part of government. The freeholders and other inhabitants of each country, qualified to vote for senators, shall, some time in the month of November, give in thier votes for one councillor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the seante and house of representatives on the first Wendesday of July. *** MEND *** *** MSTART 040 066.0 002.0 0 NH 1792 1889 *** [Art.] 66. And Whereas, The elections appointed to be made by this constitution on the first Wednesday of January, biennially, by the two houses of the legislautre, may not be completed on that day, the said elections may be adjourned from day to day until the same be completed. And the order of the elections shall be as follows: the vacancies of the senate, if any, shall be first filled up; the governor shall then be electd, provided there should be no choice of him by the people; and afterward the two houses shall proceed to fill up the vacancy, if any, in the council. *** MEND *** *** MSTART 041 011.0 001.0 0 NH 1792 1903 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office; but no person shall have the right to vote, or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language, and to write; provided, however, that this provision shall not apply to any person prevented by a physical disability from complying with its requistions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward on the first day of January A. D. 1904. *** MEND *** *** MSTART 042 006.0 002.0 0 NH 1792 1903 *** [Art. 6.] The public charges of government or any part thereof may be raised by taxation upon polls, estates, and other classes of property, including franchises and property when passing by will or inheritance; and there shall be a valuation of the estates within the state taken anew once in every give years, at least, and as much oftener as the general court shall order. *** MEND *** *** MSTART 043 049.0 002.0 0 NH 1792 1903 *** [Art.] 49. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor he shall not hold his office in the senate. Whenever the chair both of the governor and of the president of the senate shall become vacant, by reason of their death, absence from the state, or otherwise, the speaker of the house shall, during such vacancies, have and exercise all the powers and authorities which, by this constitution, the governor is vested with when personally present; but when the speaker of the house shall exercise the office of governor, he shall not hold his office in the house. [The convention of 1903 lists the amendment as applying to article 48, but it seems clear from the context that it is amending article 49.] *** MEND *** *** MSTART 044 083.0 002.0 0 NH 1792 1903 *** ENCOURAGEMENT OF LITERATURE, &C [Art.] 83. KNOWLEDGE, and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end, it shall be the duty of the legislators and the magistrates, in all future periods of this government to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments, among the people. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization, and provision should be made for the supervision and government thereof:--Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign and domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against. [The convention of 1903 lists the amendment as applying to article 82, but it eems clear from the context that it is amending article 83.] *** MEND *** *** MSTART 045 011.0 001.0 0 NH 1792 1912 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office; but no person shall have the right to vote, or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language, and to write; provided, however, that this provision shall not apply to any person prevented by a physical disability from complying with its requistions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward on the first day of January A. D. 1904. And provided further, that no person shall have the right to vote or be eligible to office under the constitution of this state who shall have been convicted of treason, bribery, or any wilful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney-general restore the privileges of an elector to any person who may have forfeited them by conviction of such offences. *** MEND *** *** MSTART 046 033.0 002.0 0 NH 1792 1912 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of January biennially, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of January, he shall issue his summons to such persons as appear to be chosen senators by a plurality of votes, to attend and take their seats on that day: Provided, nevertheless,That for the first year the said returned copies shall be examined by the president and the majority of the council then in office; and the said president shall in like manner notify the persons elected to attend and take their seats accordingly. *** MEND *** *** MSTART 047 034.0 002.0 0 NH 1792 1912 *** [Art.] 34. And in case there shall not appear to be a senator elected by a plurality of votes for any district, the deficiency shall be supplied in the following manner, viz: the members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up in every district of the State; all vacancies in the Senate arising by death, removal out of the State, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the Governor as soon as may be after such vacancies shall happen. *** MEND *** *** MSTART 048 042.0 002.0 0 NH 1792 1912 *** [Art.] 42. The governor shall be chosen biennially in the month of November; and the votes for governor shall be received, sorted, counted, certified, and returned in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives on the first Wednesday of January, to be by them examined; and in case of an election by a plurality of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a plurality of votes, the senate and house of representatives shall, by joint ballot, elect on of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years. *** MEND *** *** MSTART 049 061.0 002.0 0 NH 1792 1912 *** [Art.] 6l. And the person having a plurality of votes in any county, shall be considered as duly elected a councilor: But if no person shall have a plurality of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect by joint ballot, the councilor wanted for such county, and the qualifications for councilors shall be the same as for senator. [Added by Constitutional Convention, 1792] *** MEND *** *** MSTART 050 065.0 002.0 0 NH 1792 1912 *** [Art.] 65. 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 population, each district to elect a councillor; and in case of such division, the manner of the choice shall be comfortable to the present mode of election in the countries. *** MEND *** *** MSTART 051 077.0 002.0 0 NH 1792 1912 *** [Art.] 77. The general court are empowered to give to justices of the peace jurisdiction in civil cases when the damages demanded shall not exceed one hundred dollars, and title of real estate is not concerned; but with right of appeal to either party to some other court. And the general court are further empowered to give to police courts, original jurisdiction to try and determine, subject to right of appeal and trial by jury, all criminal causes wheein the punishment is less than imprisonment in the state prison. *** MEND *** *** MSTART 052 006.A 002.0 0 NH 1792 1938 *** [Art.] 6-a. All revenue in excess of the necessary cost of collection and administration accruing to the state from registration fees, operators' licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuels shall be appropriated and used exclusively for the construction, reconstruction and maintenance of public highways within this state, including the supervision of traffic thereon and payment of the interest and principal of obligations incurred for said purposes; and no part of such revenues shall, by transfer of funds or otherwise, be diverted to any other purpose whatsoever. [November 29, l938] *** MEND *** *** MSTART 053 011.0 001.0 0 NH 1792 1942 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office; but no person shall have the right to vote, or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language, and to write; provided, however, that this provision shall not apply to any person prevented by a physical disability from complying with its requistions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward on the first day of January A. D. 1904. And provided further, that no person shall have the right to vote or be eligible to office under the constitution of this state who shall have been convicted of treason, bribery, or any wilful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney-general restore the privileges of an elector to any person who may have forfeited them by conviction of such offences. The general court shall have power to provide by law for voting by qualified voters who at the time of biennial or state elections or of city elections are absent from the city or town at the time of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of an officer or officers to be elected or upon any questions submitted at such election. *** MEND *** *** MSTART 054 005.0 002.0 0 NH 1792 1942 *** [Art. ] 5. And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defense of the government thereof, and to name and settle biennially, or provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments, and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state; and upon all estates within the same; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same; provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds. For the purpose of encouraging conservation of the forest resources of the state, the general court may provide for special assessments, rates and taxes on growing wood and timber. *** MEND *** *** MSTART 055 009.0 002.0 0 NH 1792 1942 *** [Art. ] 9. There shall be in the legislature of this state a house of representatives, bienially elected and founded on principles of equality; and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns and wards shall be not less than three hundred seventy-five or more than four hundred. At the next session of gthe legislature, and at the session in 1951, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by the authority of the United States or of this state. The number of inhabitants necessary to entitle any town or ward to representatives additional to the first shall be for each additional representative twice the number of inhabitants required for the first representative, so that the mean increasing number for every additional representative shall be twice the number required for the first or one representative. In making such appointment no town shall be divided, or the boundaries of the wards of any city so altered, as to increase the number of representatives to which such town or city may be entitle by the last preceding census. *** MEND *** *** MSTART 056 011.0 002.0 0 NH 1792 1942 *** [Art. ] 11. Whenever any town or ward shall have less than the number of inhabitants necessary to entitle each town or ward to one representative the legislature shall authorize each town or ward to elect and send a representative such proportionate part of the time as the number of its inhabitants shall bear to the requisite number established for one represetnative and without such authority no town or ward shall send a represetntaive; provided, however, that each town and ward shall be entitled to representation at least one session in every ten years. *** MEND *** *** MSTART 057 019.0 002.0 0 NH 1792 1948 *** [Art.] 19. The house of representatives shall have power to adjourn themselves, but no longer than five days at a time. *** MEND *** *** MSTART 058 036.0 002.0 0 NH 1792 1948 *** [Art.] 36. The senate shall have power to adjourn themselves, provided such adjournment do not exceed five days at a time. Provided, nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislautre be not assembled on such day or at such place. *** MEND *** *** MSTART 059 057.0 002.0 0 NH 1792 1950 *** [Repealed November 7, 1950] *** MEND *** *** MSTART 060 067.0 002.0 0 NH 1792 1950 *** SECRETARY, TREASURER, &C [Art.] 67. The Secretary and treasurer shall be chosen by joint ballot of the senators and representatives assembled in one room. *** MEND *** *** MSTART 061 095.0 002.0 0 NH 1792 1950 *** [Art.] 95. No person holding the office of judge of any court, except special judges, secretary, treasurer of the State, attorney general, military officer 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 thier accounts with the respective officers with whom it is thier 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 seante, or house of representatives, or council; but his being chosen and appointed to and accepting the same shall operate as a resignation of thier seat in the chair, senate, or house of represenatives, or council, and the place so vacated 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 seante or house of representatives. *** MEND *** *** MSTART 062 097.0 002.0 0 NH 1792 1950 *** [Repealed on November 7, 1950.] *** MEND *** *** MSTART 063 011.0 001.0 0 NH 1792 1956 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office; but no person shall have the right to vote, or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language, and to write; provided, however, that this provision shall not apply to any person prevented by a physical disability from complying with its requistions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upward on the first day of January A. D. 1904. And provided further, that no person shall have the right to vote or be eligible to office under the constitution of this state who shall have been convicted of treason, bribery, or any wilful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney-general restore the privileges of an elector to any person who may have forfeited them by conviction of such offences. The general court shall have power to provide by law for voting by qualified voters who at the time of biennial or state elections; or of the primary elections therefor, or of city elections are absent from the city or town at the time of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of an officer or officers to be elected or upon any questions submitted at such election. *** MEND *** *** MSTART 064 049.0 002.0 0 NH 1792 1956 *** [Art.] 49. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor he shall not hold his office in the senate. Whenever the chair both of the governor and of the president of the senate shall become vacant, by reason of their death, absence from the state, or otherwise, the speaker of the house shall, during such vacancies, have and exercise all the powers and authorities which, by this constitution, the governor is vested with when personally present; but when the speaker of the house shall exercise the office of governor, he shall not hold his office in the house, provided, nevertheless, that while the Governor is absent from the state on official business, he shall have the power and authority to transact such business. *** MEND *** *** MSTART 065 014.0 002.0 0 NH 1792 1958 *** [Art.] 14. Every member of the house of representatives shall be chosen by ballot; and for two years at least next preceding his election, shall have been an inhabitant of this state; shall be at the time of his election, an inhabitant of the town, ward, or place he may be chosen to represent; and shall cease to represent such town, ward, or place immediately on his ceasing to be qualified as aforesaid. *** MEND *** *** MSTART 066 028.0 002.0 0 NH 1792 1958 *** [Art.] 28. The senate shall be the first branch of the legislature, and the senators shall be chosen in the following manner, viz: every inhabitant of each town and ward with town privileges, and places unincorporated, in this State, of twenty-one years of age and upward, excepting paupers and persons excused from paying taxes at thier own request, shall have a right, at the biennial or other meeting of the inhabitants of said towns and wards, to be duly warned and holden biennially forever in the month of November, to vote in the town or ward wherein he dwells, for the senators in the county or district where of he is a member. *** MEND *** *** MSTART 067 030.0 002.0 0 NH 1792 1958 *** [Art.] 30. And every person qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town or ward, where he dwelleth and hath his home. *** MEND *** *** MSTART 068 031.0 002.0 0 NH 1792 1958 *** [Art.] 31. And the inhabitants of places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators in the places wherein they reside, as the inhabitants of the respective towns and wards aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden biennially in the month of November, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town- clerks have in their several towns by this constitution. *** MEND *** *** MSTART 069 032.0 002.0 0 NH 1792 1958 *** [Art.] 32. The meetings for the choice of Governor, Council, and senators shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend,) in open meeting, receive the votes of all the inhabitants of such towns and wards present and qualified to vote for senators; and shall in said meetings, in presence of said selectmen, and of the town or city clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make a fair attested copy thereof, to be by him sealed up and directed to the secretary of the State, with a superscription expressing the purport thereof; and the said town or city clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or ward shall lie, thirty days at least before the the first Wednesday of January, or to the secretary of state at least twnety days before the said first Wednesday of January; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the secretaries office, at least twenty days before the first Wednesday in January. *** MEND *** *** MSTART 070 071.0 002.0 0 NH 1792 1958 *** COUNTY-TREASURER, &C [Art.] 71. The county treasurers, registers of probate, county attorneys, sheriffs, and registers 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 present 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 electing them. *** MEND *** *** MSTART 071 074.0 002.0 0 NH 1792 1958 *** [Art.] 74. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme court upon important questions of law, and upon solemn occasions. *** MEND *** *** MSTART 072 095.0 002.0 0 NH 1792 1958 *** [Art.] 95. No person holding the office of judge of any court, except special judges, secretary, treasurer of the State, attorney general, military officer receiving pay from the United States, or this state, (excepting officers of the militia, occasionally called forth on an emergency), register of deeds, sheriff, collectors of state and Federal taxes, 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 seante, or house of representatives, or council; but his being chosen and appointed to and accepting the same shall operate as a resignation of thier seat in the chair, senate, or house of represenatives, or council, and the place so vacated 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 seante or house of representatives. *** MEND *** *** MSTART 073 020.0 001.0 0 NH 1792 1960 *** XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practiced, and except in cases in which the value in controversy does not exceed five hundred dollars and title to real estate is not concerned, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, the legislature shall think it necessary hereafter to alter it. *** MEND *** *** MSTART 074 015.0 002.0 0 NH 1792 1960 *** [Art.] 15. The presiding officers of both houses of the Legislature shall severally receive out of the state treasury as compensation in full for thier services, for the term elected, the sum of two hundred and fifty dollars, and all other members thereof seasonably attending and not departing wihtout license, the sum of two hundred dollars and each member shall receive mileage for actual daily attendence on legislative days, but not after the legislature shall have been in session for ninety legislative days or after the first day of July following the biennial assembly of the Legislature, whichever occurs first, provided, however, that when a special session shall be called by the Governor, such officers and members shall receive for attendance as additional compensation of three dollars per day for a period not exceeding fifteen days, and the usual mileage. *** MEND *** *** MSTART 075 005.A 002.0 0 NH 1792 1960 *** [Art.] 5-a. Notwithstanding any general or special provision of this constitution, the general court, in order to insure continuity of state and local government operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including but not limited to the financing thereof. In the exercise of the powers hereby conferred the general court shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the general court so to do would be impracticable or would admit of undue delay. *** MEND *** *** MSTART 076 009.A 002.0 0 NH 1792 1960 *** [Art.] 9-a. The general court shall have the power to provide by statute for making suitable adjustments to the general census of the inhabitants of the state taken by the authority of the United States or of this state on account of non-residents temporarily residing in this state. *** MEND *** *** MSTART 077 012.0 001.0 0 NH 1792 1964 *** [Art.] l2. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent. *** MEND *** *** MSTART 078 013.0 001.0 0 NH 1792 1964 *** [Art.] l3. No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto. *** MEND *** *** MSTART 079 009.0 002.0 0 NH 1792 1964 *** HOUSE OF REPRESENTATIVES [Art.] 9. There shall be in the legislature of this state a house of representatives, biennially elected and founded on principles of equality, and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be not less than three hundred seventy-five or more than four hundred. As soon as possible after the convening of the next regular session of the legislature, and at the session in l97l, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state. In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered. *** MEND *** *** MSTART 080 011.0 002.0 0 NH 1792 1964 *** [Art.] ll. When any town, ward, or unincorporated place, according to the last federal decennial census, has less than the number of inhabitants necessary to entitle it to one representative, the legislature shall form those towns, wards, or unincorporated places into representative districts which contain a sufficient number of inhabitants to entitle each district so formed to one or more representatives for the entire district. In forming the districts, the boundaries of towns, wards and unincorporated places shall be preserved and the towns, wards and unincorporated places forming one district shall be reasonably proximate to one another. The legislature shall form the representative districts at its next session after approval of this article by the voters of the state, and thereafter at the regular session following every decennial federal census. *** MEND *** *** MSTART 180 014.0 002.0 0 NH 1792 1964 *** [Art.] l4. Every member of the house of representatives shall be chosen by ballot; and, for two years, at least, next preceding his election shall have been an inhabitant of this state; shall be, at the time of his election, an inhabitant of the town, ward, place, or district he may be chosen to represent and shall cease to represent such town, ward, place, or district immediately on his ceasing to be qualified as aforesaid. *** MEND *** *** MSTART 081 026.0 002.0 0 NH 1792 1964 *** [Art.] 26. And that the state may be equally represented in the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards and unincorporated places, without dividing any town, city ward or unincorporated place. The legislature shall form the single-member districts at its next session after approval of this article by the voters of the state and thereafter at the regular session following each decennial federal census. *** MEND *** *** MSTART 082 099.0 002.0 0 NH 1792 1964 *** [Art. 99] Amendments to this constitution may be proposed by the general court or by a constitutional convention as herein provided. (a) The senate and house of representatives, voting separately, may propose amendments by a three-fifths vote of the entire membership of each house at any session or by a majority vote at two successive regular sessions. (b) The general court, by an affirmative vote of a majority of all members of both houses voting separately, may at any time submit the question "Shall there be a convention to amend or revise the constitution?" to the qualified voters of the state. If the question of holding a convention is not submitted to the people at some time during any period of ten years, it shall be submitted by the secretary of state at the general election in the tenth year following the last submission. If a majority of the qualified voters voting on the question of holding a convention approves it, delegates shall be chosen at the next regular general election, or at such earlier time as the legislature may provide, in the same manner and proportion as the representatives to the general court are chosen. The delegates so chosen shall convene not later than six months after their election at such time as the legislature may direct and may recess from time to time and make such rules for the conduct of their convention as they may determine. *** MEND *** *** MSTART 083 100.0 002.0 0 NH 1792 1964 *** [Art. 100] Each constitutional amendment proposed by the legislature or by a constitutional convention shall be submitted tot he voters by written ballot and shall become a part of the constitution only after approval by three-fifths of the voters voting on the question. *** MEND *** *** MSTART 084 015.0 001.0 0 NH 1792 1966 *** [Art. 15th.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or state, but by the judgement of his peers, or the law of the land. Every person held to answer in any crime or offense shall have the right to counsel at the expense of the state if need be; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court. *** MEND *** *** MSTART 085 039.0 001.0 0 NH 1792 1966 *** [Art.] 39. No law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law. The legislature may by general law authorize cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum. *** MEND *** *** MSTART 086 004.0 002.0 0 NH 1792 1966 *** [Art.] 4. The general court (except as otherwise provided by Article 72-a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. *** MEND *** *** MSTART 087 019.0 002.0 0 NH 1792 1966 *** [Art.] l9. The house of representatives shall have the power to adjourn themselves. *** MEND *** *** MSTART 088 024.0 002.0 0 NH 1792 1966 *** [Art.] 24 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, duly seconded, the yeas and nays, upon any question, shall be entered, on the journal. 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 journal. *** MEND *** *** MSTART 089 036.0 002.0 0 NH 1792 1966 *** [Art.] 36. The senate shall have power to adjourn themselves, and whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper although the legislature be not assembled on such day, or at such place. *** MEND *** *** MSTART 090 041.0 002.0 0 NH 1792 1966 *** [Art.] 4l. There shall be a supreme executive magistrate, who shall be styled the Governor of the State of New Hampshire, and whose title shall be His Excellency. The executive power of the state is vested in the governor. The governor shall be responsible for the faithful execution of the laws. He may, by appropriate court action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right, by any officer, department or agency of the state. This authority shall not be construed to authorize any action or proceedings against the legislative or judicial branches. *** MEND *** *** MSTART 091 073.0 002.0 0 NH 1792 1966 *** [Art.] 73. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions, and all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution. The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature, provided nevertheless that the cause for removal shall be stated fully and substantially in the address and shall not be a cause which is a sufficient ground for impeachment, and provided further that no officer shall be so removed unless he shall have had an opportunity to be heard in his defense by a joint committee of both houses of the legislature. *** MEND *** *** MSTART 092 072.A 002.0 0 NH 1792 1966 *** JUDICIARY POWER [Art.] 72-a. The judicial power of the state shall be vested in the supreme court, a trial court of general jurisdiction known as the superior court, and such lower courts as the legislature may establish under Article 4th of Part 2. *** MEND *** *** MSTART 093 006.0 001.0 0 NH 1792 1968 *** [Art.] 6. As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society, therefore, the several parishes, bodies, corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both. But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established. *** MEND *** *** MSTART 094 011.0 001.0 0 NH 1792 1968 *** Art. XI. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect, and be elected into office; but no person shall have the right to vote, or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language, and to write; provided, however, that this provision shall not apply to any person prevented by a physical disability from complying with its requistions, nor to any person who now has the right to vote. And provided further, that no person shall have the right to vote or be eligible to office under the constitution of this state who shall have been convicted of treason, bribery, or any wilful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney-general restore the privileges of an elector to any person who may have forfeited them by conviction of such offences. The general court shall have power to provide by law for voting by qualified voters who at the time of biennial or state elections; or of the primary elections therefor, or of city elections are absent from the city or town at the time of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of an officer or officers to be elected or upon any questions submitted at such election. The right to vote shall not be denid to any person because of the non-payment of any tax. *** MEND *** *** MSTART 095 022.0 001.0 0 NH 1792 1968 *** [Art.] 22.Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved. *** MEND *** *** MSTART 096 033.0 002.0 0 NH 1792 1968 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of January biennially, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of January, he shall issue his summons to such persons as appear to be chosen senators by a plurality of votes, to attend and take their seats on that day. *** MEND *** *** MSTART 097 034.0 002.0 0 NH 1792 1968 *** [Art.] 34. And in case there shall not appear to be a senator elected, by a plurality of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up, in every district of the state and in case the person receiving a plurality of votes in any district is found by the Senate not to be qualified to be seated, a new election shall be held forthwith in said district. All vacancies in the senate arising by death, removal out of the state, or otherwise, except from failure to elect, shall be filled by a new election by the people of the district upon the requisition of the governor and council, as soon as may be after such vacancies shall happen. *** MEND *** *** MSTART 098 049.0 002.0 0 NH 1792 1968 *** [Art.] 49. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with when personally present; but when the president of the senate shall exercise the office of governor he shall not hold his office in the senate. Whenever the chair both of the governor and of the president of the senate shall become vacant, by reason of their death, absence from the state, or otherwise, the speaker of the house shall, during such vacancies, have and exercise all the powers and authorities which, by this constitution, the governor is vested with when personally present; but when the speaker of the house shall exercise the office of governor, he shall not hold his office in the house. Whenever the chair of the governor, of the president of the senate, and of the speaker of the house all become vacant by reason of their death, absence from state, or otherwise, the secretary of state shall during such vacancies, have and exercise all the powers and authorities which, by this constitution the governor is vested with when personally present. But when the secretary of state exercises the office of governor, he shall not hold his office as secretary of state. Whenever the chair of the governor, of the president of the senate, of the speaker of the house, and the secretary of state all become vacant by reason of their death, absence from the state, or otherwise, the state treasurer shall during such vacancies, have and exercise all the powers and authorities which, by this constitution the governor is vested with when personally present. But when the state treasurer exercises the office of governor, he shall not hold his office as state treasurer. Whenever either the secretary of state or the state treasurer exercises the office of governor, he shall be only an acting governor until such time as the senate elects a president or the house of representatives elects a speaker, and upon their election, the president of the senate or the speaker of the house of representatives shall exercise the office of governor as hereinabove provided. Provided nevertheless, that while the governor is absent from the state on official business, he shall have the power and authority to transact such business. *** MEND *** *** MSTART 099 051.0 002.0 0 NH 1792 1968 *** [Art.] 5l. The governor of this state for the time being, shall be commander-in-chief of all the military forces of the state; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia; to call forth the militia and to put in warlike posture the inhabitants of the state; to execute the laws of the state and of the United States; to supress insurrection and to repel invasion; and, in fine, the governor is hereby entrusted with all other powers incident to the office of commander-in-chief to be exercised agreeably to the rules and regulations of the constitution and the laws of the land. *** MEND *** *** MSTART 100 085.0 002.0 0 NH 1792 1968 *** [Art.] 85. And the oaths or affirmations shall be taken and subscribed by the governor before the president of the senate, in the presence of the legislature, and by the senate and representatives 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. *** MEND *** *** MSTART 101 005.B 002.0 0 NH 1792 1968 *** [Art.] 5-b. The general court may provide for the assessment of any class of real estate at valuations based upon the current use thereof. *** MEND *** *** MSTART 102 084.0 002.0 0 NH 1792 1970 *** OATHS AND SUBSCRIPTIONS - EXCLUSION FROM OFFICES - COMMISSIONS -WRITS - CONFIRMATION OF LAWS - HABEAS CORPUS - THE ENACTING STYLE - CONTINUANCE OF OFFICERS - PROVISION FOR FUTURE REVISION OF THE CONSTITUTION - ETC. [Art.] 84. [Oath of Civil Officers.] Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute 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 United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God. I, A.B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as ................................................., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshie. So help me God. Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again. 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 oaths, such person 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." 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 *** MEND *** *** MSTART 103 002.0 001.0 0 NH 1792 1974 *** [Art.] 2. All men have certain natural, essential, and inherent rights - among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin. *** MEND *** *** MSTART 104 003.0 002.0 0 NH 1792 1974 *** [Art.] 3. The senate and house, shall assemble biennieally on the first Wednesday of December for such organizational purposes and, following thier organization, they shall assemble on the first Wednesday following the first Tuesday of January, and at such other times as they may judge necessary; and shall dissolve, and be dissolved at 12:01 AM on the first Wednesday of December biennially, and shall be stiled THE GENERAL COURT OF NEW-HAMPSHIRE. *** MEND *** *** MSTART 105 025.0 002.0 0 NH 1792 1974 *** [Art.] 25. The senate shall consist of twenty-four members. *** MEND *** *** MSTART 106 032.0 002.0 0 NH 1792 1974 *** [Art.] 32. The meetings for the choice of Governor, Council, and senators shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend,) in open meeting, receive the votes of all the inhabitants of such towns and wards present and qualified to vote for senators; and shall in said meetings, in presence of said selectmen, and of the town or city clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make a fair attested copy thereof, to be by him sealed up and directed to the secretary of the State, with a superscription expressing the purport thereof; and the said town or city clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or ward shall lie, twenty days at least before the the first Wednesday of December, or to the secretary of state at least twnety days before the said first Wednesday of December; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the secretaries office, at least twenty days before the first Wednesday in December. *** MEND *** *** MSTART 107 033.0 002.0 0 NH 1792 1974 *** [Art.] 33. And that there may be a due meeting of senators on the first Wednesday of December biennially, the governor and a majority of the council for the time being shall, as soon as may be, examine the return copies of such records, and fourteen days before the said first Wednesday of December, he shall issue his summons to such persons as appear to be chosen senators by a plurality of votes, to attend and take their seats on that day. *** MEND *** *** MSTART 108 043.0 002.0 0 NH 1792 1974 *** [Art.] 43. In cases of disagreement between the two houses, with regard to the time or place of adjournment, or prorogation the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same on the first Wednesday of December biennially. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths or lives of the members from their attendance, the president may direct the session to be holden at some other, the most convenient place within the State. *** MEND *** *** MSTART 109 008.0 001.0 0 NH 1792 1976 *** [Art.] 8. All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public's right of access to governmental proceedings and records shall not be unreasonably restricted. *** MEND *** *** MSTART 110 011.0 001.0 0 NH 1792 1976 *** Art. XI. All elections ought to be free, and every inhabitant of the state of eighteen years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purpose of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right t vote under the constitution of this state who has been convicted of treason, bribery or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offences. The general court shall provide by law for voting by qualified voters who at the time of biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant has equal right to be elected into office. *** MEND *** *** MSTART 111 013.0 002.0 0 NH 1792 1976 *** [Art.] 13. [Repealed, 1976] *** MEND *** *** MSTART 211 028.0 002.0 0 NH 1792 1976 *** [Art.] 28. [Repealed, 1976] *** MEND *** *** MSTART 112 029.0 002.0 0 NH 1792 1976 *** [Art.] 29. Provided nevertheless, that no person shall be capable of being elected a senator, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. Should such person, after election, cease to be an inhabitant of the district for which he was chosen, he shall be disqualified to hold said position and a vacancy shall be declared therein. *** MEND *** *** MSTART 113 030.0 002.0 0 NH 1792 1976 *** [Art.] 30. And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of being elected into any office or place within this state, in the town, or ward, where he is domiciled. *** MEND *** *** MSTART 114 031.0 002.0 0 NH 1792 1976 *** [Art.] 3l. [Repealed l976. Provisions covered by Part I, Art. ll.] *** MEND *** *** MSTART 115 032.0 002.0 0 NH 1792 1976 *** [Art.] 32. The meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and wards present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen, and of the town or city clerk, in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of state, within five days following the election, with a superscription expressing the purport thereof. *** MEND *** *** MSTART 116 033.0 002.0 0 NH 1792 1976 *** [Art.] 33. And that there may be a due meeting of senators and representatives on the first Wednesday of December, biennially, the secretary of state shall, as soon as may be, examine the returned copy of such records; and fourteen days before the first Wednesday of December, he shall issue his summons to such persons as appear to be chosen senators and representatives, by a plurality of votes, to attend and take their seats on that day. *** MEND *** *** MSTART 117 046.0 002.0 0 NH 1792 1976 *** [Art.] 46. All judicial officers, the attorney general, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. *** MEND *** *** MSTART 118 048.0 002.0 0 NH 1792 1976 *** [Art. ] 48. Repealed l976. *** MEND *** *** MSTART 119 053.0 002.0 0 NH 1792 1976 *** [Art. ] 53. Repealed l976. *** MEND *** *** MSTART 120 054.0 002.0 0 NH 1792 1976 *** [Art. ] 54. Repealed l976. *** MEND *** *** MSTART 121 055.0 002.0 0 NH 1792 1976 *** [Art. ] 55. Repealed l976. *** MEND *** *** MSTART 122 017.0 001.0 0 NH 1792 1976 *** [Art.] l7. In criminal prosecutions, the trial of facts, in the vicinity where they happened, is so essential to the security of the life, liberty and estate of the citizen, that no crime or offense ought to be tried in any other county or judicial district than that in which it is committed; except in any case in any particular county or judicial district, upon motion by the defendant, and after a finding by the court that a fair and impartial trial cannot be had where the offense may be committed, the court shall direct the trial to a county or judicial district in which a fair and impartial trial can be obtained. *** MEND *** *** MSTART 123 011.A 002.0 0 NH 1792 1978 *** [Art.] ll-a. Notwithstanding Articles 9 and ll, a law providing for an apportionment to form representative districts under Articles 9 and ll of Part Second may divide a town, ward or unincorporated place into two or more representative districts if such town, ward or place, by referendum requests such division. [November 22, l978. Rejected in l976 as proposed by convention, but adopted in l978 as proposed by the general court and including both representative and senate districts.] *** MEND *** *** MSTART 124 026.A 002.0 0 NH 1792 1978 *** [Art.] 26-a. Notwithstanding Article 26 or any other article, a law providing for an apportionment to form senatorial districts under Article 26 of Part Second may divide a town, ward or unincorporated place into two or more senatorial districts if such town, ward or place by referendum requests such division. *** MEND *** *** MSTART 125 073.A 002.0 0 NH 1792 1978 *** [Art.] 73-a. The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. *** MEND *** *** MSTART 126 027.0 001.0 0 NH 1792 1978 *** [Art.] 27. No soldier in time of peace, shall be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil authorities in a manner ordained by the legislature. *** MEND *** *** MSTART 127 043.0 002.0 0 NH 1792 1980 *** [Art.] 43. In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same on the first Wednesday of December biennially. And, in cases whereby dangers may arise to the health or lives of the members from their attendance at the general court at any place, the governor may direct the session to be holden at some other the most convenient place within the state. *** MEND *** *** MSTART 128 095.0 002.0 0 NH 1792 1980 *** [Art.] 95. No person holding the office of judge of any court, (except special judges) secretary, treasurer of the state, attorney-general, register of deeds, sheriff, collectors of state and federal taxes, members of Congress or any person holding any office under the United States, including any person in active military service, 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 house of representatives. *** MEND *** *** MSTART 129 099.0 002.0 0 NH 1792 1980 *** [Repealed, 1980] *** MEND *** *** MSTART 130 100.0 002.0 0 NH 1792 1980 *** [Art.] l00. [Alternate Methods of Proposing Amendments.] Amendments to this constitution may be proposed by the general court or by a constitutional convention selected as herein provided. (a) The senate and house of representatives, voting separately, may propose amendments by a three-fifths vote of the entire membership of each house at any session. (b) The general court, by an affirmative vote of a majority of all members of both houses voting separately, may at any time submit the question "Shall there be a convention to amend or revise the constitution?" to the qualified voters of the state. If the question of holding a convention is not submitted to the people at some time during any period of ten years, it shall be submitted by the secretary of state at the general election in the tenth year following the last submission. If a majority of the qualified voters voting on the question of holding a convention approves it, delegates shall be chosen at the next regular general election, or at such earlier time as the legislature may provide, in the same manner and proportion as the representatives to the general court are chosen. The delegates so chosen shall convene at such time as the legislature may direct and may recess from time to time and make such rules for the conduct of their convention as they may determine. (c) The constitutional convention may propose amendments by a three-fifths vote of the entire membership of the convention. Each consitutional amendment proposed by the general court or by a constitutional convention shall be submitted to the voters by written ballot at the next biennial November election and shall become a part of the Constitution only after approval by two-thirds of the qualified voters present and voting on the subject in the towns, wards, and unincorporated places. *** MEND *** *** MSTART 131 042.0 002.0 0 NH 1792 1982 *** [Art.] 42. The governor shall be chosen biennially in the month of November; and the votes for governor shall be received, sorted, counted, certified and returned, in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives, on the first Wednesday following the first Tuesday of January to be by them examined, and in case of an election by a plurality of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators; and if no person shall have a plurality of votes, the senate and house of representatives shall, by joint ballot elect one of the two persons, having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for 7 years next preceding, and unless he shall be of the age of 30 years. *** MEND *** *** MSTART 231 002.A 001.0 0 NH 1792 1982 *** [Art.] 2-a. All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. *** MEND *** *** MSTART 132 011.0 001.0 0 NH 1792 1984 *** [Art.] ll. All elections are to be free, and every inhabitant of the state of l8 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office. *** MEND *** *** MSTART 133 015.0 001.0 0 NH 1792 1984 *** [Art.] l5. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court. *** MEND *** *** MSTART 134 003.0 002.0 0 NH 1792 1984 *** [Art.] 3. The senate and house shall assemble biennially on the first Wednesday of December for organizational purposes in even numbered years, and shall assemble annually on the first Wednesday following the first Tuesday in January, and at such other times as they may judge necessary; and shall dissolve and be dissolved at l2:0l A.M. on the first Wednesday of December in even numbered years and shall be styled THE GENERAL COURT OF NEW HAMPSHIRE. *** MEND *** *** MSTART 135 015.0 002.0 0 NH 1792 1984 *** [Art.] l5. The presiding officers of both houses of the legislature, shall severally receive out of the state treasury as compensation in full for their services for the term elected the sum of $250, and all other members thereof, seasonably attending and not departing without license, the sum of $200 and each member shall receive mileage for actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature, whichever occurs first; provided, however, that, when a special session shall be called by the governor or by a 2/3 vote of the then qualified members of each branch of the general court, such officers and members shall receive for attendance an additional compensation of $3 per day for a period not exceeding 15 days and the usual mileage. Nothing herein shall prevent the payment of additional mileage to members attending committee meetings or on other legislative business on nonlegislative days. *** MEND *** *** MSTART 136 049.0 002.0 0 NH 1792 1984 *** [Art.] 49. [President of Senate, etc., To Act as Governor When Office Vacant; Speaker of House to Act When Office of President of Senate Is also Vacant.] In the event of the death, resignation, removal from office, failure to qualify, physical or mental incapacity, absence from the state, or other incapacity of the governor, the president of the senate, for the time being, shall act as governor until the vacancy is filled or the incapacity is removed; and if the president of the senate, for any of the above-named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives, for the time being, or in the case of the like incapacity of the speaker, upon the secretary of state, or in case of his like incapacity, upon the state treasurer, each of whom, in that order, shall act as governor, as hereinabove provided, until the vacancy is filled or the incapacity removed. Whenever a vacancy for the duration or remainder of the governor's term of office occurs before the commencement of the last year of such term, a special election for governor shall take place to fill the vacancy, as provided by law. Whenever the speaker of the house acts as governor, he shall act as such only until such time as the vacancy is filled or the incapacity removed in either the office of governor or of president of the senate, whichever occurs first. Whenever either the secretary of state or the treasurer acts as governor, he shall act as such only until such time as the vacancy is filled or the incapacity removed in the offices of governor, of president of the senate or of speaker of the house, whichever occurs first. While acting as governor under this article, the president of the senate, speaker of the house, secretary of state or state treasurer, as the case may be, shall be styled Acting Governor, shall not be required to take an additional oath of office, shall have and exercise all the powers, duties and authorities of, and receive compensation equal to that of the office of governor; and the capacity of each such officer to serve as president of the senate as well as senator, speaker of the house of representatives as well as representative, secretary of state, or state treasurer, as the case may be, or to receive the compensation of such office, shall be suspended only. While the governor or an acting governor is absent from the state on official business, he shall have the power and authority to transact such business. *** MEND *** *** MSTART 137 049.A 002.0 0 NH 1792 1984 *** [Art.] 49-a Whenever the governor transmits to the secretary of state and president of the senate his written declaration that he is unable to discharge the powers and duties of his office by reason of physical or mental incapacity and until he transmits to them a written declaration to the contrary, the president of the senate, for the time being, shall act as governor as provided in article 49, subject to the succession provisions therein set forth. Whenever it reasonably appears to the attorney general and a majority of the council that the governor is unable to discharge the powers and duties of his office by reason of physical or mental incapacity, but the governor is unwilling or unable to transmit his written declaration to such effect as above provided, the attorney general shall file a petition for declaratory judgment in the supreme court requesting a judicial determination of the ability of the governor to discharge the powers and duties of his office. After notice and hearing, the justices of the supreme court shall render such judgment as they find warranted by a preponderance of the evidence; and, if the court holds that the governor is unable to discharge the powers and duties of his office, the president of the senate, for the time being, shall act as governor as provided in article 49, subject to the succession provisions therein set forth, until such time as the disability of the governor is removed or a newly elected governor is inaugurated. Such disability, once determined by the supreme court, may be removed upon petition for declaratory judgment to the supreme court by the governor if the court finds, after notice and hearing, by a preponderance of the evidence that the governor is able to discharge the powers and duties of his office. Whenever such disability of the governor, as determined by his written declaration or by judgment of the supreme court, has continued for a period of 6 months, the general court may, by concurrent resolution adopted by both houses, declare the office of governor vacant. Whenever the governor-elect fails to qualify by reason of physical or mental incapacity or any cause other than death or resignation, for a period of 6 months following the inauguration date established by this constitution, the general court may, by concurrent resolution adopted by both houses, declare the office of governor vacant. The provisions of article 49 shall govern the filling of such vacancy, either by special election or continued service of an acting governor. If the general court is not in session when any such 6-month period expires, the acting governor, upon written request of at least l/4 of the members of each house, shall convene the general court in special session for the sole purpose of considering and acting on the question whether to declare a vacancy in the office of governor under this article. *** MEND *** *** MSTART 138 060.0 002.0 0 NH 1792 1984 *** [Art.] 60. There shall be biennially elected, by ballot, five councilors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of November, give in their votes for one councilor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday following the first Tuesday of January. *** MEND *** *** MSTART 139 085.0 002.0 0 NH 1792 1984 *** [Art.] 85. The oaths or affirmations shall be taken and subscribed by the governor before a justice of a New Hampshire court, in the presence of both houses of the legislature, by the senators and representatives before the governor and council for the time being, and by all other officers before such persons and in such manner as the general court shall from time to time appoint. *** MEND *** *** MSTART 140 028.A 001.0 0 NH 1792 1984 *** [Art.] 28-a. The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision. *** MEND *** *** MSTART 141 036.A 001.0 0 NH 1792 1984 *** [Art.] 36-a The employer contributions certified as payable to the New Hampshire retirement system or any successor system to fund the system's liabilities, as shall be determined by sound actuarial valuation and practice, independent of the executive office, shall be appropriated each fiscal year to the same extent as is certified. All of the assets and proceeds, and income therefrom, of the New Hampshire retirement system and of any and all other retirement systems for public officers and employees operated by the state or by any of its political subdivisions, and of any successor system, and all contributions and payments made to any such system to provide for retirement and related benefits shall be held, invested or disbursed as in trust for the exclusive purpose of providing for such benefits and shall not be encumbered for, or diverted to, any other purposes. *** MEND *** *** MSTART 142 018.A 002.0 0 NH 1792 1984 *** [Art.] l8-a All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government. *** MEND *** *** MSTART 143 020.0 001.0 0 NH 1792 1988 *** [Art.] 20. In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. This method of procedure shall be held sacred, unless, in cases* arising on the high seas and in cases relating to mariners' wages, the legislature shall think it necessary hereafter to alter it. *** MEND *** *** MSTART 144 006.B 002.0 0 NH 1792 1990 *** [Art.] 6-b. All moneys received from a state-run lottery and all the interest received on such moneys shall, after deducting the necessary costs of administration, be appropriated and used exclusively for the school districts of the state. Such moneys shall be used exclusively for the purpose of state aid to education and shall not be transferred or diverted to any other purpose. *** MEND *** *** CEND ***