No monies fhall be iffued out of the treafury of this State, and difpofed of, (except fuch fums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of intereft arifing 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 neceffary fupport and defence of this State, and for the neceffary protection and preservation of the inhabitants thereof, agreeably to the acts and refolves of the General Court.

All public boards, the Commiffary-General, all fuperintending officers of public magazines and ftores, belonging to this State, and all commanding officers of forts and garrifons within the fame, fhall, once in every three months, officially, and without requifition, and at other times when required by the Governor, deliver to him an account of all goods, ftores, provifions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively; diftinguishing the quantity and kind of each, as particularly as may be; together with the condition of fuch forts and garrifons: And the commanding officer fhall exhibit to the Governor, when required by him, true and exact plans of fuch forts, and of the land and fea, or harbour or harbours adjacent.

The Governor and Council fhall be compenfated for their fervices, from time to time, by fuch grants as the General Court fhall think reasonable.

Permanent and honourable falaries fhall be established by law, for the Justices of the Superior Court.

COUNCIL.

THERE fhall be annually elected, by ballot, five Councillors, for advifing the Governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for Senators, fhall, fome time in the month of March, give in their votes for one Councillor ; which votes fhall be received, forted, counted, certified, and returned to the Secretary's office, in the fame manner as the votes for Senators, to be by the Secretary laid before the Semate and Houfe of Reprefentatives on the last Wednesday of October.

And the perfon having a majority of votes in any county, fhall be confidered as duly elected a Councillor: But if no per

fon fhall have a majority of votes in any county, the Senate and Houfe of Representatives fhall take the names of the two perfons who have the highest number of votes in each county, and not elected, and out of thofe two fhall elect, by joint ballot, the Councillor wanted for fuch county.

Provided nevertheless, That no person shall be capable of be ing elected a Councillor, who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which (or more, shall be a freehold in his own right; and who is not thirty years of age; and who fhall not have been an inhabitant of this State for feven years immediately preceding his election; and, at the time of his election, an inhabitant of the county in which he is elected.

The Secretary fhall, annually, feventeen days before the laft Wednesday of October, give notice of the choice of the perfons elected.

If any perfon fhall be elected Governor, or member of either branch of the Legislature, and fhall accept the truft ; or if any perfon, elected a Councillor, fhall refufe to accept the office; or in cafe of the death, refignation, or removal of any Councillor out of the State; the Governor may iffue a precept for the election of a new Councillor in that county where fuch vacancy fhall happen; and the choice fhall be in the fame manner as before directed: And the Governor shall have full power and authority to convene the Council, from time to time, at his difcretion; and, with them, or the majo rity of them, may, and fhall, from time to time, hold a Council, for ordering and directing the affairs of the State, according to the laws of the land.

The members of the Council may be impeached by the Houfe, and tried by the Senate, for bribery, corruption, mal-practice, or mal-adminiftration.

The refolutions and advice of the Council fhall be record ed by the Secretary, in a regifter, and figned by all the members prefent agreeing thereto; and this record may be called for at any time, by either Houfe of the Legiflature; and any member of the Council may enter his opinion contrary to the refolutions of the majority, with the reafons for fuch opi nion.

The Legislature may, if the public good fhall hereafter. require it, divide the ftate into five districts, as nearly equat

as may be, governing themselves by the number of rateable polls, and proportion of public taxes; each diftrict to elect a Councillor: And, in cafe of fuch divifion, the manner of the choice shall be conformable to the present mode of election in counties.

And whereas the elections, appointed to be made by this Conftitution, on the laft Wednesday of October annually, by the two Houses of the Legislature, may not be completed on that day, the faid elections may be adjourned from day to day, until the fame may be completed: And the order of the elections fhall be as follows the vacancies in the Senate, if any, fhall be firft filled up: The Governor fhall then be elected, provided there fhall be no choice of him by the people: And afterwards, the two Houses fhall proceed to fill up the vacancy, if any, in the Council.

SECRETARY, TREASURER, COMMISSARY-GENERAL, &c. THE Secretary, Treasurer, and Commiffary-General, fhall be chofen by joint ballot of the Senators and Reprefentatives affembled in one room.

The records of the State fhall be kept in the office of the Secretary, and he fhall attend the Governor and Council, the Senate, and Reprefentatives, in perfon, or by Deputy, as they may require.

The Secretary of the State fhall, at all times, have a Deputy, to be by him appointed; for whofe conduct in office he fhall be refponfible. And in cafe of the death, removal, or inability, of the Secretary, his Deputy fhall exercise all the duties of the office of Secretary of this State, until another fhall be appointed.

The Secretary, before he enters upon the bufinefs of his office, fhall give bond, with fufficient fureties, in a reasonable fum, for the ufe of the State, for the punctual performance of his truft.

COUNTY TREASURER, &c.

THE County Treasurers, and Registers of Deeds, fhall be elected by the inhabitants of the feveral towns, in the se. veral counties in the State, according to the method now practifed, and the laws of the State.

Provided nevertheless, The Legislature fhall have authority

to alter the manner of certifying the votes, and the mode of electing thofe officers; but not fo as to deprive the people of the right they now have of electing them.

And the Legislature, on the application of the major part of the inhabitants of any county, fhall have authority to divide the fame into two diftricts for registering deeds, if to them it fhall appear neceffary; each district to elect a Regifter of Deeds And before they enter upon the business of their offices, fhall be refpectively fworn faithfully to discharge the duties thereof, and shall severally give bond, with fuffient fureties, in a reasonable fum, for the ufe of the county, for the punctual performance of their respective trufts.

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JUDICIARY POWER.

IT fhall be the duty of the General Court to make a reform in the Judiciary Syftem, that justice may be administered in a more cheap and expeditious manner than is now practifed, and that no party fhall have a review after the cause has been determined against him twice by Jury.

The General Court are hereby empowered to make alterations in the power and jurifdiction of the Courts of Common Pleas, and General Seffions of the Peace, refpectively; or, if they fhall judge it neceffary for the public good, to abolish thofe Courts, or either of them, and inveft fuch other Courts, as they may establish, with the jurisdiction and powers now vefted in the Court of Common Pleas, and Courts of General Seffions of the Peace, as the General Court may, from time to time, judge expedient for the due administration of law and juftice.

And it shall be the duty of the General Court, to veft in fuch Court or Courts of law as to them may appear expedient, the power of granting new trials, or a trial after judgment, either upon verdict of a Jury, default, nonfuit, or com plaint, for affirmation of judgment, in all cafes where fubftantial justice has not been done, except as before excepted, in fuch manner, and under fuch reftrictions and regulations, as to the General Court may appear for the public good: Provided application be made for fuch review or trial within one year from the rendition of judgment.

For the more effectual preferving the proper feparation of the three great powers of government, agreeably to the 37th

Article in the Bill of Rights, the power of hearing and decid ing in caufes of equity fhall be vefted either in fome Judicial Court, or Courts, or in fome court to be established specially for that purpose: Provided no power fhall be granted to any fuch Courts, incompatible with the Bill of Rights and Conftitution. And the powers of faid Courts fhall be limited and defined by exprefs laws: And no fuit in equity fhall be fuftained where clear and adequate remedy may be had at law.

The General Court are empowered to give to Juftices of the peace, jurisdiction in civil caufes, 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 fome other Court, fo that a trial by Jury in the laft refort may be had.

No perfon fhall hold the office of Judge of any Court, or Judge of Probate, or Sheriff of any county, after he has attained the age of feventy years.

No Judge of any Court, or Juftice of the Peace, fhall act as Attorney, or be of counfel, to any party, or originate any civil fuit, in matters which fhall come or be brought before him as Judge, or Juftice of the Peace.

All matters relating to the probate of wills, and granting letters of administration, fhall be exercised by the Judges of Probate, in fuch manner as the Legislature have directed, or may hereafter direct: And the Judges of Probate shall hold their Courts at fuch place or places, on fuch fixed days, as the conveniency of the people may require, and the Legisla ture from time to time appoint.

No Judge, or Register of Probate, fhall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate bufinefs which is pending, or may be brought into any Court of Probate in the county of which he is Judge or Register.

CLERKS OF COURT.

THE Judges of the Courts (thofe of probate excepted) fhall appoint their respective Clerks, to hold their office dur, ing pleafure: And no fuch Clerk fhall act as an Attorney, or be of counsel, in any cause in the Court of which he is Clerk, nor fhall he draw any writ originating a civil action.