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of Declaring war or making of declaring war or concludconcluding peace

ing peace ; of issuing letters of marque

of issuing letters of marque or reprisal

or reprisal ; of raising or introducing of raising or introducing armed forces, building

armed forces, building armed vessels, forts or armed vessels, forts strongholds.

strongholds ; of coining monies or regulat- of coining monies or regulating their value.

ing their values ; of regulating weights & of regulating weights and measures.

measures ; of erecting courts, offices, of erecting courts, offices,

boroughs, corporations, boroughs, corporations, fairs, markets, ports, bea- fairs, markets, ports, beacons, lighthouses,

cons, lighthouses, marks.

marks. of laying embargoes or pro

of laying embargoes, or prohibiting the exportations of hibiting the exportation of any commodity for a longer any commodity for a longer space than 4 days.

space than [40] days. of retaining or recalling a of retaining or recalling a

member of the state but member of the state but by by legal process pro delic- legal process pro delicto to vel contractu.

vel contractu. of making denizens.

of making denizens. of pardoning crimes or re- of pardoning crimes, or remitting fines or punishmts. mitting fines-or punish

ments. of creating dignities or grant- of creating dignities ing rights of precedence. granting rights of preced

ence. but these powers shall be but these powers shall be exerexercised by the legislature cised by the legislature alone. alone.

and excepting also

those powers which by these fundamentals are given to others, or abolished.

or

A privy council shall be A Privy council shall be anPrivy annually appointed ually appointed by

Privy Council. by the house of Rep- the house of repre

Council resentatives to consist of such sentatives whose duties it shall number as they shalt whose duty be to give advice to the Adminit shall be to give advice to the istrator when called on by him. Administrator when called on by With them the Deputy Adminihim. With them the Deputy strator shall have session and Admr shall have session & suf- suffrage. frage Delegates insert here.

Delegates to represent this
colony in the Ameri-

Delegates
can Congress shall
be appointed when necessary
by the house of Representa-
tives. After serving (one) year
in that office they shall not be
capable of being re-appointed
to the same during an interval

of [one) year.
Treasurer A Treasurer &c. A Treasurer shall be appoint-
Delegates see below

ed by the house of

Treasurer
Representatives who
shall issue no money but by
authority of both houses.

An Attorney general shall be
appointed by the

Attorney house of Represent

Genrl.

atives High Sheriffs and coroners High Sheriffs and Coroners

of counties shall be of counties shall be High SherSheriffs &c. annually elected by annually elected by

iffs, &c. hose qualified to vote for repre- those qualified to vote for repsentatives : but officers of the resentatives : and no person courts of general jurisdiction who shall have served as high and [part missing] by their sheriff (one) year shall be caprespective courts and no person able of being re-elected to the who shall have served as high said office in the same county

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sheriff [one] year shall be in

till he shall have been out of capable of being re-elected

office (five) years. to the said office in the same county till he shall have been out of office [five] years.

All other officers civil & mili All other Officers civil and Delegates tary shall be ap- military shall be ap Other see below pointed by the Ad- pointed by the Ad

Officers ministrator but such appoint- ministrator ; but such appointOther ment shall be . sub ment shall be subject to the officers ject to the negative negative of the Privy council, of the privy council. Saving saving however to the Legislahowever to the legislature a ture a powerof transferring to any right power of transferring other persons the appointment from the Administrator the

of such officers or any of them. right of ye to any other persons appointment of suehofft cers to any persons they may think fit of such offices or any of them.

The A Treasurer shall be apTreasurer

pointed by the house

of Representatives, who shall issue no money but by warrant from authority of both houses.

Delegates shall be appointed Delegates

to represent this col.

ony in the American Congress shall be appointed when necessary by the H. of Represves, who shall not be after serving [two] years in that office they shall not be capable of being re-appointed to the same during an interval of [two] years.

III. JUDICIARY. The Judicial powers shall be The Judiciary powers shall Judicial exercised

be exercised First by County courts & First, by County courts and

other inferior jurisdictions. other inferior jurisdictions : Secondly by a General Court Secondly, by a General court

& a High Court of Chan & a High court of Chancery.

cery : Thirdly by a Court of Ap Thirdly, by a Court of Appeals.

peals. The justices-judges of the Coun The judges of the county County ty courts & other courts and other

County Courts inferior jurisdictions inferior

jurisdic- Courts, &c. shall be appointed by the Ad tions shall be appointed by the ministrator, subject to the nega- Administrator, subject to the tive of the privy council. They negative of the privy council. shall not be fewer than [five] They shall not be fewer than in number their jurisdiction [five) in number. Their jurisshall be defined from time to dictions shall be defined from time by the Legislature : &they time to time by the legislature: shall be removable for misbe and they shall be removable for havior by the court of Appeals. misbehavior by the court of

Appeals. The judges of the General The Judges of the General court Genl Court court & of the High and of the High Genl. Court & Chan

and High court of Chancery court of Chancery

Ct. of cery

shall be appointed shall be appointed Chancery by the Administrator and Privy by the Administrator and Privy council. If kept united they council. If kept united they shall be [5] in number, if sepa shall be [5] in number, if separate there shall be [ part lacking] rate, there shall be [5] for the & [3] for the High Court of General court & [3] for the Chancery. The appointment High court of Chancery. The shall be made from the faculty appointment shall be made from of the law and of such persons the faculty of the law, and of of that faculty as shall have ac such persons of that faculty as tually exercised the same at shall have actually exercised some the bar or bars of some the same at the bar of some

court or courts of record within court or courts of record within this colony for [seven) years. this colony for (seven) years. They shall hold their commis- They shall hold their commissions during good behavior, for sions during good behavior, for breach of which they shall be breach of which they shall be removable by the court of Ap- removable by the court of Appeals. Their jurisdiction shall peals. Their jurisdiction shall be defined from time to time by be defined from time to time by the Legislature.

the Legislature. The court of Appeals shall The Court of Appeals shall Court of

consist of not less consist of not less Court of Appeals than [7] nor more than [7] nor more

Appeals than [11] members to be chosen than [1] members, to be apappointed by the house of Rep- pointed by the house of Representatves; they shall hold resentatives : they shall hold their offices during good be- their offices during good behavior, for breach of which havior, for breach of which they shall be removal by an act they shall be removable by an of the legislature only. Their act of the legislature only. jurisdiction shall be to deter- Their jurisdiction shall be to mine finally all causes removed determine finally all causes rebefore them from the General moved before them from the court or High court of Chancery General Court or High Court on suggestion of error, to re- of Chancery, or of the county move judges of the General courts or other inferior juriscourt or High court of Chan- dictions for misbehavior : [to cery or of the County courts or try impeachments against high other inferior jurisdictions for offenders lodged before them misbehavior : [to try impeach- by the house of representatives ments against of high offenders for such crimes as shall hereafto be lodged before them by the ter be precisely defined by the House of representatives for Legislature, and for the punishsuch crimes as shall be hereaf ment of which, the said legislater defined shall hereafter, be ture shall have previously preprecisely defined by the Legis- scribed certain and determinate lature shall bereafter define with pains.] In this court the judges precision and fittegible) and for of the General court and High the punishment of which the sd court of Chancery shall have

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