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same manner as a justice of the peace for this State might do.

Sec 12. Any oath administered by any such commissioner.



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OATH OP OFFICE.



71



CHAP. 15.]

any deposition or affidavit taken by bim, and any acknowledg-
ment certified by him, shall be as effectual in law, for all pmposes,
as if certified by any justice of the peace in this^ State.



CHAPTER 15.

OF THE TENUBE AND OATH OF OFFICE IN CERTAIN CASES.
COMPILED FROM

Chapter 15 of the Revised Statutes.
Laws of 1848, chap. 624.



Section

1. Judges and sheriflb most file certificate
of age.

S. After 70 years of age incapacitated.

S. Tenure of oflice to be for five years in
certain cases.

4. Shall take oath of office before enter-
ing on duty.



Section

5. Persons scmpnlons may affirm,

6. Ceremony of swearing, how performed .

7. Official oaths, by whom administered.

8. Jostice shall record oaths and make a

retom thereof to the secretary of



9. Officers remoTable by address.



Section 1. No person appointed a jadge of any coort, judge
of probate or sheriff of any county, shall exercise such office or
perform any act therein, or receive any fee or salary therefor, until
he shall have deposited in the office of the secretary of state a
copy of the record of his birth, attested by the clerk of the town in
which he was born, or, if there is no such record, an affidavit
sworn to and subscribed by him, stating according to the best of
his belief the date and place of his birth.

Sec 2. If any such officer shall continue to hold such office
after he has attained the age of seventy years, upon satisfactory
evidence thereof^ the governor and council shall remove such om-
cer, notifying him of such removal, and shall fill such vacancy.

Sec 3. All officers hereafter appointed by the governor and
council, excepting judicial and military officers, shaU hold their
offices for the term of five years, and shall be commissioned accord*
in^y-

Sec 4. No person chosen or appointed to any pubUc office
under any law oi this State, shall exercise such office or shall per*
form any act therein, until he shall have taken the oath of office
therefor.

Sec 5. If any person is . conscientiously scrupulous of swear-
ing, the word affirm may be substituted for " swea/r " in the form
of the oath, and the words, This you do tmder the pains and penal-
ties of perjury^ instead of " So help you 6odJ^ Such affirmation
shall, for ail purposes, be and constitute an oath.



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72 , FILLING YACAN0IB8. [tITLB III.

Sbo. 6. No other ceremony shall be deemed necessary in
swearing than holding up the right hand.

Sec. 7. Official oaths may be administered as follows : to the
clerk of any coort, by any two justices thereof, or by any two jus-
tices of the peace, one of whom shall be of the qnorom; to all
military officers above the rank of field officers, and to all other
officers appointed by the governor and council, by any two mem-
bers of the council, or by any member of the council with a justice
of the peace, or by any two justices of the peace, one of whom
shall be of the quorum ; and to all other officers by any justice of
the peace within his county. (&ec. 7 of chap. 15 JR. &, and laws
0/1848, cAop. 624.)

Sec. 8. Every justice of the peace shall keep a record of every
such oath by him administered in a book to be kept for that pur-
pose, and shall make return to the office of the secretary of state
of every oath by him administered to any officer appointed by the
governor and council, within six months after such oath is admin-
istered.

Sec. 9. All officers appointed by the governor and council, or
chosen by the legislature, may be removed bv the governor with
the consent of the council, upon the address of both houses of the
legislature.



CHAPTER 16.

^ OF FILLING VACANCIES.

IDENTICAL WITH

Laws of 1844, chap. 90.

Section 1. The governor and council, in anticipation of any
vacancy or vacancies m any of the offices in this State, which the
said governor and council have the constitutional power to fill, may
anticipate and fill such vacancy or vacancies: provided^ however y
that no such vacancy or vacancies, which are to happen after the
lawful time for which the said governor and council were elected,
shall be so filled;, nor shall any such vacancy or vacancies be so
filled more than ninety days in anticipation thereof.



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CHAP. 17.]



COUNTIES.



73



TITLE IV.

OF THE CIVIL DIVISIONS OF THE STATE.



Chapter 17.
Chapter 18.
Chapter 19.



Of the several counties of the State.
Of the several council districts.
Of the several senatorial districts.



CHAPTER 17.

of the several counties of the state.

compiled from
Chapter 16 of the Revised Statutes.
Laws of 1852, chap. 1290.



1.


TIOV

Kamber and names of counties.


Sec
10.


s.


Bonndaries of Rockingham.


11.


8.


u


« Strafford.


12.


4.


tt


" HilUborongh.




5.


u


" Cheshire.


13.


6.


u


" SnltiTan.


14.


7.


u


« Grafton.


15.


8.


M


" Merrimack.


16.


9.


U


*' Belknap.





Boundaries of Carroll.

" " Coos.
Grafton connty, division into jodicial

districts.
Eastern jadicial district
Western judicial district
Actions, how prosecuted therein.
Officers, their powers and duties the



Section 1. The State is divided into ten counties, bv the
names of Rockingham, Strafford, Hillsborough, Cheshire, Suluvan,
Grafton, Merrimack, Belknap, Carroll and Coos, and all towns,
places, lands and waters within their bounds, respectively, shall be
parts of the respective counties aforesaid.

Sbc. 2. The county of Rockingham is bounded thus: begin-
ning at the mouth of Piscataqua river and running up the same
to the easterly comer of New Market, including the river ; thence
northwesterly by the easterly and northerly lines of New Market,
Epping, Nottingham and Northwood to the easterly line of Pitts-
field ; thence southwesterly by the northerly and westerly lines of
Northwood, Deerfield, Candia, Chester and Londonderry to the
northerly line of Hudson ; thence by the northerly and easterly
lines of Hudson to the northwest comer of Pelham ; thence by the
northerly line of Pelham to the state line ; thence by the state line
to the sea ; thence by the sea to the bound first mentioned, includ-



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74 ' COUNTIES. [tITLB IV.

ing all that part of the Isles of Shoals which belongs to this
State.

Sec. 3. The county of Strafford is bounded thus : beginning
at the northerly corner of the town of Northwood ; thence by the
westerly lines of the towns of Strafford and New Durham to the
northerly corner of New Durham ; thence by the northerly lines of
New Durham, Middleton and Milton to the state line; thence
down said line to the county of Rockingham ; thence by the north-
erly line of the county of Rockingham to the bound first men-
tioned.

Sec. 4. The county of Hillsborough is bounded thus : begin-
ning at the bound between the towns of Pelham and Salem on
the state line ; thence westerly by the state line to the southeast
corner of Rindge ; thence by the easterly lines of Rindge, Jaffirey,
Dublin, Nelson, Stoddard and Washington to the northwest cor-
ner of Hillsborough ; thence by the northerly and easterly lines of
said Hillsborough to the southwest corner of Henniker ; thence by
the southerly lines of Henniker and Hopkinton to the northwest
corner of Dunbarton ; thence by the westerly and southerly lines
of Dunbarton and Hooksett to the line of the county of Rocking-
ham ; thence by said line to the bound first mentioned.

Sec 5. The county of Cheshire is bounded thus: beginning
at the southeast corner of Rindge ; thence westerly by the state
line to the west bank of Connecticut river ; thence up the same
bank to the northwest corner of Walpole ; thence by the northerly
lines of Walpole, Alstead, Marlow and Stoddard to the line of the
county of Hillsborough ; thence by said line to the bound first
mentioned.

Sec 6. The county of Sullivan is bounded thus : beginning
at the northwest corner of Plainfield on the west bank of Connec-
ticut river; thence easterly by the northerly lines of Plainfield,
Orantham and Springfield to the northeast comer of Springfield ;
thence southerly by the easterly lines of Springfield, Sonapee,
Goshen and Washington to the county of Cheshire ; thence west-
erly by the county of Cheshire to the northwest corner thereof oo
the west bank of Connecticut river ; thence northerly up said bank
to the bound first mentioned.

Sec 7. The county of Grafton is bounded thus : beginning at
the west bank of Connecticut river at the southwesterly comer of
Dalton; thence on the westerly and southerly lines of Dalton,
Whitefield, Carroll and Nash and Sawyer's Location to the south-
easterly corner thereof; thence southerly on a straight line across
the unlocated lands to the line of the county of Carroll at the
northwesterly comer of Albany ; thence by the westerly line of
Albany, the northerly and westerly lines of Sandwich, and the east-
erly and southerly lines of Holdemess to the southwest corner of
Holderness at the Pemigewasset or Merrimack river; thence down
said river to the north line of Franklin ; thence westerly on the
northerly lines of Franklin, Andover, Wilmot, Springfield, Gran-



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CHAP. 17.] COUNTIES. 75

tbam and Plainfield to the southwest corner of Lebanon on the
west bank of Connecticut river ; thence northerly on said bank to
the bound first mentioned.

Sec. 8. The county of Merrimack is bounded thus : beginning
at the northeast corner of Franklin ; thence southerly and easterly
by the easterly line of Franklin and the southerly line of San-
bomton, Gilmanton and Bamstead to the county of Rochingham ;
thence southwesterly by the county of Bockin^ham to the county
of Hillsborough ; thence westerly and northerfy by the county of
Hillsborough to the northwest comer of the town of Hillsborough ;
thence northerly by the easterly line of the county of Sullivan to
the county of Grafton ; thence southerly and easterly by the county
of Grafton to the bound first mentioned.

Sec 9. The county of Belknap is bounded thus : beginning
at the northeasterly corner of Pittsfield ; thence by the northerly
line of the county of Merrimack to the county of Grafton ; thence
by the easterly line of the county of Grafton to the northerly cor-
ner of Centre Harbor; thence by the northerly line of Centre Har-
bor and Meredith to the easterly termination of the line separating
the towns of Meredith and Moultonborough ; thence easterly to
the southerly point of Long island in Winnipissiogee lake ; thence
easterly to the southerly part of Parker's island ; thence easterly
to the westerly termination of the line separating the towns of
Wolf borough and Alton ; thence on the northerly Tine of Alton to
the northerly corner of New Durham ; thence by the county of
Strafford to the bound first mentioned.

Sec. 10. The county of Carroll is bounded thus : beginning
at the northerly corner of New Durham ; thence by the northerly
line of the county of Belknap to the county of Grafton ; thence
by the easterly line of the county of GSrafton to the northwesterly
comer of Albany ; thence by the northerly line of Albany and the
westerly and northerly lines of Conway and Chatham to the state
line ; thence down said line to the line of the county of Strafford ;
thence by the northerly line of the county of Strafford to the bound
first mentioned.

[The towns of Bartlett and Jackson, and Hart's Location, in
the county of Coos, be and they are hereby disannexed from said
county and annexed to the county, of Carroll. Laws q/* 1852,
chap. 1290.]

Sec 11. The county of Coos contains all the lands and waters
within the limits of this State which lie northerly of the counties
of Grafton and Carroll. ( See preceding section.)

Sec 12. The county of Grcdton is divided into two judicial
districts, to be known by the names of the eastern and western
judicial districts of the county of Grafton.

Sec 13. The towns of Alexandria, Bridgewater, Bristol,
Campton, Danbury, Dorchester, Ellsworth, Grafton, Groton, He-
bron, Hill, Holderness, Lincoln, Orange, Plymouth^ Bumney,



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76



COUNCIL DISTRICTS.



[title IV.



Thornton, Waterville, Weniwortb, and Woodstock constitute the
eastern judicial district.

Sec. 14. The towns of Bath, Benton, Bethlehem, Canaan,
Enfield, Franconia, Hanover, Haverhill, LandafT, Lebanon, Lisbon,
Littleton, Lyman, Lyme, Orford, Piermont, Warren and the place
called Dame's Oore constitute the western judicial district.

Sec. 15. All actions, petitions, appeals and prosecutions in all
civil cases shall be commenced, entered and prosecuted in the
court of common pleas for said districts, in the same manner they
would be if each of said districts was a distinct county.

Sec 16. Such division shall not affect the rights or duties of
any officer or person, except so far as is expressly provided in this
chapter.



CHAPTER 18.

IDENTICAL WITH

Chapter 17 of the Revised Statutes.
OF THE SEVERAL COUNCIL DISTRICTS.



Sbctioh

1. Number and powers of council dis-

tricts.

2. Boundaries of District No. 1.

3. " " No. 2.



Section

4. Boundaries of District No. 3.
6. " " No. 4.

6. " « No. 6.



Section 1. The • State is divided into five council districts,
each of which may choose one councillor annually.

Sec. 2. Council district number one contains the county of
Rockingham and the towns of Allenstown, Bow, Canterbury,
Chichester, Concord, Epsom, Loudon, Northfield, Pembroke and
Pittsfield in the county of Merrimack.

Sec 3. Cotmcil district number two contains the counties of
Strafford, Belknap and Carroll.

Sec. 4. Council district number three contains the county of
Hillsborough and the towns of Andover, Boscawen, Bradford,
Dunbarton, Franklin, Henniker, Hooksett, Hopkinton, Newbury,
New London, Salisbury, Sutton, Warner and Wilmot in the county
of Merrimack.

Sec 5. Council district number four contains the counties of
Cheshire and Sullivan.

Sec 6. Cowncil district number five contains the counties of
Grafton and Coos.



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CHAP. 19.]



SENATORIAL DISTRICTS.



77



CHAPTER 19.

OF THE SENATORIAL DISTRICTS.



IDENTICAL WITH








»

Laws of 1862, chap.


1283.






SiCTIOK


Section








1. Kamberand powers of senatorial dis-


•7. Boundaries of District No. 6.


tricts.


8.


li


u


No. 7.


2. Boundaries of District No. 1.


9.


t(


cc


No. 8.


3. " " No. 2.


10.


c<


u


No. 9.


4. " " No. 3.


11.


C{


u


No. 10.


5. « " No. 4.


12.


(1


C(


No. 11.


fi. " « No. 6.


18.


M


<f


No. 12.



Section 1. The State shall be and hereby is divided into
twelve senatorial districts, each of which may elect one senator to
the legislature, annually, pursuant to the constitution.

Sec 2. Senatorial district number one shall contain Durham,
Gosport, Greenland, Hampton, Hampton Falls, Lee, Madbury,
Newington, New Castle, North Hampton, Portsmouth, Rye, Sea-
brook and Strath am.

Sec 3. Senatorial district number two shall contain Aliens-
town. Atkinson, Auburn, Brentwood, Candia, Chester, Deerfield,
Danville, East Kingston, Epping, Epsom, Exeter, Hampstead,
Hooksett, Kensington, Kingston, Wew Market, Newton, Notting-
ham, Plaistow, Poplin, Raymond, Salem, Sandown, South Hamp-
ton and South New Market.

Sec 4. Senatorial district number three shall contain Bedford,
Derry, Dunbarton, Goffstown, Londonderry, Manchester, Merri-
mack, Weare and Windham.

Sec 5. Senatorial district number four shall contain Andover,
Boscawen, Bow, Canterbury, Concord, Franklin, Gilmanton, Hop-
kinton, Loudon, Northfield, Pembroke, Salisbury and Sanbornton.

Sec 6. Senatorial district number five shall contain Alton,
Barnstead, Banington, Brookfield, Chichester, Dover, Farming-
ton, Middleton, New Durham, Northwood, Pittsfield, Rochester,
Rollinsford, Somersworth, Strafford, Tuftonborough and Wolf-
borough.

Sec 7. Senatorial district number six shall contain Albany,
Bartlett, Centre Harbor, Chatham, Conway, Eaton, Effingham,
Freedom, Gilford, Hart's Location, Jackson, Madison, Meredith,
Milton, Moultonborough, New Hampton, Ossipee, Sandwich,
Tamworth and Wakefield.

Sec 8. Senatorial district number seven shall contain Am-
herst, Bennington, Deering, Francestown, Greenfield, HoUis, Hud-



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78 SENATORIAL DISTRICTS. [tITLB IV.

son, Litchfield, Lyndeborougb, Milford, Mont Vernon, Nashua,
NashviUe, New Boston and Pelham.

Sec. 9. Senatorial district number ei^ht shall contain Alstead,
Antrim, Bradford, Chesterfield, Gilsum, Hancock, Henniker, Hills-
borough, Marlow, Nelson, Stoddard, Sullivan, Surry, Walpole,
Warner, Washington, Westmoreland and Windsor.

Sec 10. Senatorial district number nine shall contain Brook-
line, Dublin, Fitzwilliam, Hinsdale, Jaffirey, Keene, Marlborough,
Mason, New Ipswich, Peterborough, Richmond, Rindge, Roxbury,
Sharon, Swanzey, Temple, Troy, Wilton and Winchester.

Sec 11. Senatorial district number ten shall contain Acworth,
► Charlestown, Claremont, Cornish, Croydon, Goshen, Grantham,
Langdon, Lempster, Newbury, New London, Newport, Plainfield,
Springfield, Sunapee, Sutton, Unity and Wilmot

Sec 12. Senatorial district number eleven shall contain Alex-
andria, Bridgewater, Bristol, Campton, Canaan, Danbury, Dor-
chester, Ellsworth, Enfield, Grafton, Groton, Hanover, Hebron,
Hill, Holdemess, Lebanon, Lyme, Orange, Orford, Plymouth,
Rumney, Warren and Wentworth,

Sec 13. Senatorial district number twelve shall contain the
county of Coos, and all other towns in the counly of Ghrafton not
included in the other districts.



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CHAP.



m]



POWERS AND OBLIGATIONS OF COUNTIES.



79



TITLE V.

OF COUNTIES AND COUNTY OFFICERS.



Chapter 20. Of the powers and obligations of counties.

Chapter 21. Of the election of county officers.

Chapter 22. Of the county treasurer.

Chapter 23. Of the register of deeds.

Chapter 24. Of the county revenue.



CHAPTER 20.

OF THE POWERS AND OBLIGATIONS OF COUNTIES.

identical with
Chapter 19 of the Revised Statutes.



Section

1. Powers of connties.

2. Conrt of common pleas to have charge

of county property.



Section

3. Salts against connties, how brought

4. Execution against a county, how satis-

fied.



Section 1. Each county in this State is a body politic and
corporate for the purpose of suing and being sued ; purchasing,
taking and holding real and personal estate for county purposes ;
for conveying the same ; for making all necessary contracts, and
doing all other necessary acts in relation to the property and con-
cerns of the county.

Sec 2. The court of common pleas for each county shall have
the custody of all property belonging to such county, and shall sec
that the same is kept in good condition, and when expedient may
authorize the county treasurer to sell and convey any part thereof
for the use of the county.

Sec 3. Any suit against a county may be brought in the
same or an adjoining county, and the court of common pleas
may settle or make any arrangements respecting the same in be-
half of the county, or may appoint an agent or agents to defend
the same.

Sec 4. Payment of any execution against a county shall first
be demanded of the treasurer, and if not satisfied within sixty
days after such demand, it may then be levied upon the property
of the cotuity or of any inhabitant thereof, who shall have his ac*
tion therefor against the county, and may recover any sum so paid,
with exonplary damages and double costs.



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80



COUNTY OFFICERS.



[title



CHAPTER 21.

OF THE ELECTION OF COUNTY OFFICERS.
COMPILED FROM

Chapter 20 of the Revised Statutes.
Laws of 1845, chap. 240.



Sbctiok

1. Election, when to be holden.

2. Who may be chosen to or hold office.
8. Betnrn of rotes, form of.

4. Retarn of rotes, how made.

6. Betam of rotes, how declared.

6. Where candidates hare eqnal number.



Sbctioh]

7. Penalty for neglect to make return.

8. Who shall prosecute.

9. Oath of office to be taken.

10. Bemorals, how and when made.

11. Vacancy, how filled.



Section 1. There shall be chosen on the second Tuesday of
March annually, by ballot, by the inhabitants of the several towns
and places in each county, qualified to vote for senators, a register
of deeds, a treasurer and three road commissioners, each of whom
shall hold his office until some other person is chosen and qualified
in his stead.

Sec 2. No person is eligible to the office of register, treasurer,
road commissioner or clerk of any court, unless he is a resident of
the county for which he is chosen. No person shall hold any two
of ssdd offices at the same time, and the acceptance of any office
shall be a resignation of any office incompatible with it.

Sec. 3. The return of votes given in any town or place for
any of said officers shall be made out, signed, certified and sealed
by the clerk thereof, in aU respects as is provided for the return of
votes for senator.

Sec 4. The clerks of the several towns in this State shall di-
rect the returns of votes for county officers to the justices of the
court of common pleas for the county, with a superscription ex-
pressing the purport thereof, and shall transmit the same to said
justices on or before the first day of the sitting of said court, at
the next stated term after the second Tuesday of March in each
year. {Laws of 1845, chap. 240.)

Sec. 5. The justices aforesaid shall immediately proceed to
examine said returns of votes, and the person who has received the
highest number of votes for any office, shall be declared to be
elected.

Sec 6. If the candidates for any of said offices, having the
highest number of votes, shall have an equal number, said justices
shall appoint the requisite number from said candidates, who shall
be declared to be duly elected.

Sec 7. If the clerk of any town shall neglect to make any of
the returns of votes aforesaid according to law, he shall for each



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OHAP. 22.]



COUNTY TREA8URBB.



81



offence be panished by fine not exceeding fifty dollars, nor less
than twenty dollars, for the use of the county.

8bc. 8. The clerk of each of said courts shall certify to the
attorney general, or to the solicitor of the county, on the day sue*
ceeding the return day, every such default, and a prosecution shall
be commenced therefor by said officers either by indictment or in-
formation, within one year from said return day, but not after.

Sec. 9. No such officer shall enter upon the discharc^e of any
duty of his office until he shall have taken and subscribed the oath
of office ; and said oath shall be filed in the office of the clerk of
Hike court of common pleas.

Sbc. 10. Any subh officer may be removed from office by the
justices of the court of common pleas of the county for official
misconduct, and the office declared vacant. If any person chosen
or appointed, to either of said offices declines to accept, removes
firom the county, resigns, dies, or becomes insane, or when there is
manifest hazard to the public interest, said justices shall declare
the office vacant.

Sec 11. In any case of vacancy, said justices shall appoint a
commissioner who shall be sworn and shall perform all the duties,
be subject to all the requirements and liabilities, and be entitled
to all the privileges and emoluments of such vacant office.



CHAPTER 22.

OF THE COUNTY TREASUBER.
IDENTICAL WITH

Chapter 21 of the Revised Statutes.



Sbctioh

1. Treaaarer to gire bonds.

2. Suits on bond regulated.

3. Treasurer to collect and disburse.

4. Money, how drawn by superior court.



Sbotioit

5. Money, bow drawn by C. C. P.

6. Treasurer's account, how settled.

7. Statemei^t to be made annually.

8. Statement filed with s^cretaiy.



Section 1. Before the county treasurer shall perform any duty
of his office, he shall give bond to the county for the faithral dis^
charge of his duties, in such sum, not less than two thousand dol-
lars nor more than fifty thousand dollars, with such sureties as
shall be approved by the court of common pleas, to be lodged with,
the clerk of said court and kept for the use of the county.

Sec 2. It shall be put in suit by order of said court, which*
suit shall be brought in an adjacent county, and execution shall:
issue on any judgment obtained thereon for such amount not ex-



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