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.
All indictments, presentments and informations shall conclude against the peace and dignity of the state.
The estates of such persons as may destroy their own lives, shall not for that offence 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.
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of New-Hampshire, and usually practiced on in the courts of law, shall remain and be in full force, until altered and repealed by the legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this constitution: Provided that nothing herein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.
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 the most urgent and pressing occasions, and for a time not exceeding three months.
The enacting stile in making and passing acts, statutes and laws, shall be—Be it enacted by the senate and house of representatives, in general court convened.
No president or judge of the superior 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 justices 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.
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 president, or president and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justices of the peace, excepted.
No person holding the office of judge of the superior court, secretary, treasurer of the state, judge of probate, attorney-general, commissary-general, judge of the maritime court, or judge of the court of admiralty, military officers receiving pay from the continent or this state, excepting officers of the militia occasionally called forth on an emergency; judge of the inferior court of common pleas, register of deeds, president, professor or instructor of any college, sheriff, or office of the customs, including naval-officers, shall at the same time have a seat in the senate or house of representatives, or council; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the senate, or house of representatives, or council; and the place so vacated shall be filled up.
