Oaths and Subscriptions

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 rul es 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

June 2, l784
Amended l792 three times, changing president to governor; shortening oath of allegiance; and dispensing with need to take second oath.
Amended l970 adding allegiance to the United States of America.

[Art.] 85. [Before Whom Taken.] 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.

June 2, l784
Amended l792 three times changing president to governor, senior senator to president of the senate, assembly to legislature, and generally rewording section.
Amended l968 deleting reference to those first elected.
Amended l984 providing that the governor's oath shall be taken before a justice of a New Hampshire court.

[Art.] 86. [Form of Commissions.] 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.

June 2, l784
Amended l792 changing president to governor.

[Art.] 87. [Form of Writs.] 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 chie f, 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.

June 2, l784

[Art.] 88. [Form of Indictments, etc.] All indictments, presentments, and informations, shall conclude, "against the peace and dignity of the state."

June 2, l784

[Art.] 89. [Suicides and Deodands.] 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 shal l 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.

June 2, l784

[Art.] 90. [Existing Laws Continued if Not Repugnant.] 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 remai n 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-thi rd article in the bill of rights, shall be construed to affect the laws already made respecting the persons, or estates of absentees.

June 2, l784

[Art.] 9l. [Habeas Corpus.] 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.

June 2, l784

[Art.] 92. [Enacting Style of Statutes.] 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.

June 2, l784

[Art.] 93. [Governor and Judges Prohibited From Holding Other Offices.] 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 ar e 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 .

June 2, l784
Amended l792 changing president to governor. The engrossed copy of l792, apparently without authority, changed superior court to supreme judicial court.

[Art.] 94. [Incompatibility of Offices; Only Two Offices of Profit to Be Holden at Same Time.] 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 jus tice of the peace excepted.

June 2, l784
Amended l792 changing president to governor.

[Art.] 95. [Incompatibility of Certain Offices.] 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 fede ral 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 cou ncil; 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 hav e a seat in the senate or house of representatives.

June 2, l784
Amended l792 generally rewording section.
Amended l950 deleting commissary-general.
Amended l958 changing obsolete words and phrases.
Amended l980 prohibiting persons in active military service from holding state office.

[Art.] 96. [Bribery and Corruption Disqualify for Office.] 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 convicte d of bribery or corruption, in obtaining an election or appointment.

June 2, l784

[Art.] 97. [Value of Money, How Computed.] (Repealed)

June 2, l784. Money valued at 6 shillings 8 pence per ounce of silver.
Repealed l950.

[Art.] 98. [Constitution, When to Take Effect.] 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 d irected to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly.

September 5, l792

[Art.] 99. [Revision of Constitution Provided For.] (Repealed)

June 2, l784. Question of calling a convention to be submitted to the people after seven years. Delegates to be elected in the same manner as representatives. Questions to be approved by two thirds of qualified voters present and voting there on.
Amended l792 detailing procedure for calling a convention.
Repealed l980.

[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 maj ority 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 repr esentatives 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.

September 5, l792. Question of calling a convention to be submitted every 7 years.
Amended l964 twice changing submission of question on calling a convention to every l0 years rather than 7 and providing that the general court could propose amendments.
Amended l980 twice incorporating provisions of repealed Art. 99 andrequiring all proposals be submitted at the next biennial Novemberelection.

[Art.] l0l. [Enrollment of Constitution.] 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.

June 2, l784