Colony of New Hampshire
An Act for Establishing the Stile of Commissions which shall hereafter be Issued,
and for altering the Stile of Writs, Processes, and all Law proceedings within this
Colony; and for directing how Recognizances to the use of this Colony shall in future be
taken & Prosecuted.
[Passed July 2, 1776. Original Acts, vol. 7, p. 7; recorded Acts, vol. 3, p. 250, Laws,
1780 ed., p. 4. Repealed June 20, 1792.]
Whereas the hostile & Vindictive proceedings of the British Administration against
the United Colonies have Obtained the Sanction of the King of Great-Britain,
Notwithstanding the frequent & dutifull Remonstrances of these Colonies, against Such
Cruel Measures; and by his Command a powerfull Navy and Army are come & Coming with
avowed Purposes of Spreading Slaughter and Desolation through this Continent, by which the
Good People of this Colony have been Necessitated to have Recourse to Arms to Repel Such
force & to protect their Lives & fortunes; And whereas under such Circumstances,
the Absurdity of Issuing Commissions, Writs, Processes, or other Proceedings in Law, and
in Courts of Justice within this Colony, in the Name & Stile of the King of
Great-Britian is very Apparent, and Tends to keep up Ideas inconsistent with the Form, and
Safety of this Government and to give the People of this Colony great Uneasiness.
Be it therefore Enacted, by the Council and house of Representatives in General Court
Assembled & by the Authority of the Same, That all civil Commissions, Writs and
Precepts, for Convening the General Court or Assembly which hereafter Shall be made out in
this Colony, shall be in the Stile and Name of the Government and People of the Colony of
New Hampshire: And all Commissions both Civil & Military shall be dated in the Year of
the Christian Era, and shall not bear the Date of the Year of the Reign of any King or
Queen of Great-Britain.
And that all Writs, Processes & Proceedings in Law, and in any of the Courts of
Justice in this Colony, which have been used or Accustomed, or by any Laws of this Colony,
are Required to be issued, used or practiced in Law, and in any of the Courts of Justice
in this Colony, in the Name & Stile of the King of Great-Britian, France and Ireland,
Defender of the faith &c or in any other Words implying or intending the
same, shall from and after the passing this Act, be made, Issued used and practiced in the
Name and Stile of the Government and People of the Colony of New Hampshire, and no Other,
and shall bear the Date of the Year of the Christian Era, and shall not bear the date of
the Year of the Reign of any King or Queen of Great-Britian, untill some Accomodation of
the American Congress, or Act, order or Resolve of a General American Legislature, or of
the Legislature of this Colony, shall be made and passed, otherwise directing and
Prescribing.
And be it Enacted, That all Commissions, Civil and Military, which have been Issued by
the Congress or General Assembly of this Colony before the passing of this Act, shall have
the same Force & Effect as if this Act had never been made, the Stile and Date therein
Notwithstanding.--
State of New Hampshire.
An Act against Treason and Misprision of Treason, and for regulating Trials in such
cases, and for directing the mode of executing Judgments against persons convicted of
those Crimes.--
[Passed Jan. 17, 1777. Original Acts, vol. 7, p. 23; recorded Acts, vol. 3, p. 311.
Laws 1780 ed., p. 65; Perpetual Laws, 1789 ed., p. 226. Repealed June 20, 1792. See
additional act of April 6, 1781, Laws, 1780 ed., p. 247.]
Whereas all persons passing through visiting, or making a temporary stay in this state,
and enjoying the protection of its Laws during their residence therein, as well as the
inhabitants of this state owe Allegiance to the same
Be it enacted by the Council and House of Representatives in General-Court Assembled
that all such persons as above described who shall, either within, or without the limits
of this state, levy war, or conspire to levy war against the same, or against any other of
the united States of America or shall in any way whatsoever aid the Enemies of either, or
all the said united states in carrying on war against them or either of them, and thereof
be convicted, such person shall be deemed and adjudged guilty of Treason against this
State, and shall suffer Death without benefit of Clergy.--
Be it further enacted by the Authority aforesaid that all persons owing Allegiance to
any other of the said united-states, who shall within this State, levy war or conspire to
levy war against this or any other of the said united-states, or shall in any way
whatsoever aid the Enemies of either or all the said united-States in carrying on war
against them, or either of them, and thereof be convicted, such persons shall be deemed
and adjudged guilty of Treason against this state and shall suffer as is
afore-mentioned.--
And be it further enacted by the Authority aforesaid that the concealing or keeping
secret any such Treason be deemed Misprision of Treason and the Offender therein shall
forfeit to the use of this state all his Goods & Chattels, and the proffits of his
lands during his life, and shall be imprisoned at a term not exceeding Five Years at the
discretion of the Court before whom he shall be convicted.
And be it further enacted by the Authority aforesaid that any person who shall know of
any such Treason committed or intended to be committed, and shall not within fourteen days
give information thereof to one of the Justices of the Superior-Court of Judicature, or
some Justice of the Peace within this State shall be deemed guilty of Misprision of
Treason.--
And be it further enacted by the Authority aforesaid that all Treasons &
Misprisions of Treasons against this state which shall hereafter be committed by any
person or persons without this state shall be enquired of, heard and determined before the
Justices of the Superior-Court of Judicature within this state in the County where such
Offender or Offenders last dwelt, in like manner and form as if such Treasons or
Misprisions of Treasons had been committed within the same County.
And be it further enacted by the Authority aforesaid that no person, or persons
whatsoever shall be tried for such Treasons or Misprisions of Treason within this state
until a Bill of Indictment for any such offences against him or them be found by fifteen
at least of the Grand-Jurors for the said Superior Court within the County where such
Trial is to be had.--
And be it further enacted by the Authority aforesaid that any person or persons
residing without this state being indicted for any of the Treasons or Misprisions of
Treasons before described, or any person or persons who after being so indicted shall flee
to avoid a Trial such persons may be outlawed and thereupon adjudged for any of the said
offences, but if the party so outlawed, within one year next after the said Outlawry
pronounced or Judgment given thereon, yield himself unto the Chief-Justice of this state
for the time being, and offer to traverse the Indictment whereupon such outlawry is
pronounced, that then he shall be admitted to the said Traverse, and being thereupon found
not Guilty by the verdict of Twelve good and lawful men he shall be acquitted &
discharged of the Outlawry, and of all penalties and Forfeitures by reason of the same.
And where after such Outlawry the party Outlawed shall come in and be tried as aforesaid
he shall upon such Trial have the full benefit of this Act as tho’ no such Outlawry
had been adjudged.
And be it further enacted by the Authority aforesaid, that it such person or persons
shall not yield himself or themselves within one year next after sentence of Outlawry he
or they shall forfeit to the use of this state their whole Interest and Property real
& personal wherever the same may be found--of which real property this state shall be
deemed and adjudged to be seized and possessed without any Office found of the same.
And be it further enacted by the Authority aforesaid that every person whatsoever that
shall be accused and indicted for Treason, or for Misprision of Treason shall have a true
Copy of the whole indictment delivered unto him or them by the Clerk, forty eight hours at
least before he or they shall be arraigned for the same, and also a Copy of the panel of
the Jurors who are to try him or them for the like space of time before Trial, and shall
be admitted to make his or their defence by Counsel learned in the Law which, if
requested, the Court shall assign him or them, to whom such Counsel shall have free access
at all seasonable hours.--
And be it further Enacted by the authority aforesaid that no person or persons shall be
convicted of Treason or Misprision of Treason but upon the testimony of two lawful
witnesses at least both of them testifying to the same Treason unless the person indicted
voluntarily in open Court, confess the same.
And be it further enacted by the Authority aforesaid that if any person indicted for
treason or Misprision of Treason and being arraigned thereupon, shall stand mute a Jury
shall forthwith be impanelled and sworn to try whether the person so standing mute
standeth mute by the providence of God, or fraudulently, wilfully and obstinately. and if
they shall return their Verdict that he standeth mute by the providence of God, the Court
shall thereupon cause him to be remanded to prison and shall not proceed against him until
he shall have recovered therefrom; But if the Jury shall return their verdict that the
Prisoner standeth mute fraudulently, wilfully and obstinately then the Court shall cause
to be entered upon the Indictment against the Prisoner the plea of Not Guilty, and shall
proceed upon his Trial in like manner in all respects as if the Prisoner had voluntarily
pleaded the same plea, and put himself upon the Country for his Trial except that the
Prisoner shall not be admitted to make any challenges to the Jurors.
And be it further enacted by the Authority aforesaid that every person indicted for
Treason or Misprision of Treason who shall have duly pleaded to such Indictment and put
himself upon the Country for trial shall be admitted to challenge without assigning any
reason, twenty three of the Jury and no more, and as great a number further as he can show
good cause for challenging. And if any person indicted as above, after having voluntarily
pleaded as aforesaid shall refuse to put himself upon the Country for Trial, or shall
peremptorily challenge a greater number than twenty three the Court shall disallow of all
such Challenges over and above the said number of Twenty three, and the Jury shall be
charged and the Trial shall proceed in like manner in all respects as if the person so
indicted and having pleaded as aforesaid, had duly put himself upon the Country for his
Trial and had not peremptorily challenged a greater number than twenty three of the Jury
as aforesaid.--
And be it further enacted by the Authority aforesaid That the Attorney-General or any
other person prosecuting for and in behalf of this state shall not be admitted in any case
whatsoever, peremptorily to challenge any Juror about to be impanneled for the Trial of
any Criminal Accusation or Charge.
And be it further enacted by the Authority aforesaid that no person or persons
whatsoever shall be indicted or tried for any Treason or for Misprision of Treason that
shall be committed in violation of this Act unless the indictment for the same be found
within two years next after the offence committed.
And be it further enacted by the same Authority that every person who shall be
convicted of Treason within this state and adjudged to suffer death shall be hanged by the
Neck, till dead, Any Law, or Custom to the contrary notwithstanding.
And be it further enacted by the Authority aforesaid that any person who shall be found
guilty of Treason or Misprision of Treason against this State may be pardoned by the
Council & House of Representatives of this state by warrant under the seal of this
state.
And be it further enacted by the Authority aforesaid that no person upon whom any
judgment or sentence of death shall be passed by the Justices of the Superior-Court of
Judicature for this state shall be put to death in pursuance of such Judgment or sentence
until the whole Record of the Case be certified by the Clerk of the same Court under the
seal thereof, to the said Council & House of Representatives, nor till they shall
issue a warrant under the seal of this state with a Copy of said Record annexed, directed
to the sheriff of the County wherein the Trial of the person so condemned was had
commanding the same sheriff in the name of the Government and people of said State to
cause execution to be done upon the person so condemned in all things according to the
Judgment against him. And the sheriff to whom such warrant shall be directed is hereby
authorized and required to execute the same in due form of Law.
State of New Hampshire.
An Act for preventing and punishing such Offences against the state as do not
amount to Treason or Misprision of Treason.--
[Passed Jan. 17, 1777. Original Acts, vol. 7, p. 24; recorded Acts, vol. 3, p. 308.
Laws, 1780 ed., p. 63. Repealed June 20, 1792. See additional act of April 6, 1781, Laws
1780 ed., p. 247.]
Whereas this state, in conjunction with the other united-states of America, is now at
war with Great-Britain, in defence of all that is dear and sacred to men, and there is but
too much reason to fear that many among ourselves are not only disaffected to the cause
but are daily striving, by every means in their power, to injure it, and ruin their
Country
Be it therefore enacted by the Council and House of Representatives in General-Court
assembled, that if any person or persons within this state, shall in anyway whatsoever
discourage, or attempt to discourage any person or persons from enlisting in the American
Army or joining and assisting their Arms either by sea or land in prosecuting the war
aforesaid or from continuing in such service after being engaged therein--such person or
persons shall be deemed guilty of a misdemeanor against this State, unless the party
accused shall make it appear upon the Trial that he was not influenced by any motives
inconsistent with the public-good but was a friend and well-wisher to the common cause
aforesaid--upon which he shall be acquitted and discharged.--
And be it further enacted by the Authority aforesaid that if any person or persons
within this state, shall publickly and openly speak against the common-cause
before-mentioned, or endeavour by any methods, public or private to disaffect the minds of
others towards it, such person or persons shall be deemed guilty of a misdemeanor against
this state.
And be it further enacted by the Authority aforesaid that if any person or persons
within this state shall wittingly and willingly make, or spread any false news, or reports
with intent to deceive any of the inhabitants or people of this state and to injure the
common-cause--such person, or persons shall be deemed guilty of a misdemeanor against this
state.
And be it further enacted by the Authority aforesaid that every person convicted of
either of the misdemeanors aforesaid shall be punished by a fine not exceeding forty
shillings for the first offence, and double that sum for each offence afterwards at the
discretion of the Justice before whom such trial is had, and shall recognize in the sum of
ten pounds, with two sureties, for his or their good behaviour and to appear at the next
Court of Quarter Sessions to be holden within the County where such offence is committed.
And shall stand committed until sentence be performed. And in default of the payment of
such fine, or fines shall be imprisoned for a term not exceeding six, nor less than three
months. saving to the party so convicted, the liberty of appealing to the next Sessions of
the peace within the same County. He or they giving Bonds in a reasonable sum to prosecute
said Appeal to Effect.--
And be it further enacted by the Authority aforesaid that every Justice of the peace
within his respective County in this state is hereby impowered to try either of the
offences or misdemeanors before-mentioned, on Complaint or any other certain information
who may issue his warrant to apprehend such offender--And proceed in the same manner and
form as hath heretofore been practised in this state in other offences against the
Peace.--
And be it further enacted by the Authority afore said that if any person or persons
within this state, shall wilfully refuse to submit to the Government & Laws thereof,
or to the authority of any Magistrate or Officer of the same--such person or persons, so
offending--upon conviction thereof before the Court of Sessions for the county where such
offender dwells--(who are impowered to try the same on presentment thereof by the Grand
Jury for said Court) shall be punished by a fine, not exceeding ten pounds at the
discretion of sd Court--& may be imprisoned for a term not exceeding six
months--saving to the party so convicted, the liberty of appealing to the superior-Court
of Judicature within this State. he giving Bonds in a reasonable sum to prosecute the same
to Effect.
And be it further enacted by the Authority aforesaid that all fines arising by virtue
of this Act--be paid to the several County-Treasurers within this state--for the use of
the respective Counties where such offences may be committed.
State of New Hampshire.
An Act for the re-establishing the general System of Laws heretofore in force in
this State--
[Passed April 9, 1777. Original Acts, vol. 7, p. 31; recorded Acts, vol. 3, p. 329.
Laws, 1780 ed., p. 84; Perpetual Laws, 1789 ed., p. 160. Repealed June 20, 1792. Robinson,
"History of Taxation in New Hampshire," pp. 184, 198.]
Whereas Doubts have arisen whether the several Acts and Laws in force in this State
before the Assumption of the present f
orm of Government were not thereby, or by the subsequent Declaration of Independence,
vacated abrogated & disannulled: for the removal whereof--
Be it enacted by the Council & house of Representatives in general Court convened,
and by the Authority of the same it is hereby Enacted That all the Acts & Laws in
force in this State (at the Time the present form of Government as Assumed) with every
article Direction and Power in the same contained, so far as they are not repugnant to,
and incompatible with the present Form of Government in this State and its Independence on
great Britain, or are not repealed & disannulled, or altered by any Act or Law made
& passed by the Council and House of Representatives of this State since the said
Assuming of Government, be revived reenacted directed and ordered to abide and remain in
full force and accordingly to be exercised practised and put in Execution and that all the
Fines & Forfeitures thereby appropriated to the Kings Use shall be applyed to the Use
of the County wherein the same shall be imposed & become due. |
