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[Acts, Vol. 6, p. 1.]

STATE OF NEW HAMPSHIRE.

In the year of our Lord one thousand seven hundred and eighty

[L. S.]

nine.

AN ACT in addition to an Act for carrying into effect an ordinance of Congress of the thirteenth of September 1788 relative to the Constitution of the Constitution of the United States passed the 12th of November last.

WHEREAS it is necessary that some further provision should be made for filling up vacances that may happen in the representation of this State to the Congress of the United States.

Therefore be it Enacted by the Senate and House of Representatives in General Court convened, that all vacancies of Representatives to Congress that shall happen by death resignation or otherwise shall be filled up in manner following to wit. Upon notice of any such vacancy the President for the time being by and with the advice of Council shall issue precepts to the Select men of the several Towns and Parishes plantations and places unincorporated in this State requiring them to warn the Inhabitants of their respective Towns Parishes Plantations and places to meet on a certain day in said precept to be mentioned to Vote for a Representative or Representatives to fill up such vacancy. And such meetings shall be notified warned and governed and the Votes received, sorted, counted, certified and returned in the same manner as the said Act directs by a certain day in said precept to be mentioned and the Secretary shall lay said Votes before the President and Council at their first Meeting after the same shall have been returned as aforesaid to be by them examined and if a choice by a majority of Votes shall have been made the same shall be declared and the person or persons so chosen shall be notified of their appointment in the manner said Act directs. But if no such choice shall be made by the people then the said President and Council shall issue a new precept which shall contain a number of names out of the Candidates voted for who have the highest number of votes equal to double the number wanting in which precept the said Selectmen shall be required (on certain day in said precept to be mentioned) to assemble the Inhabitants of their respective Towns parishes plantations and places to give in their Votes out of the number so

returned by the President and Council for the Representatives wanting which Votes shall be returned at the time and in the manner as shall be directed in said precept and the persons having the greatest number of Votes shall be declared elected as aforesaid.

And the Respective Sheriffs and Town Clerks shall be liable to the same Penalties for neglect of the duties enjoined on them in pursuance of this Act as they are in said Act.

In the House of Representatives Feb. 7th 1789. The foregoing bill having been read a third time voted that it pass to be enacted.

Sent up

for concurrence

THOS BARTLETT, Speaker,

IN SENATE, the same day, this bill was read a third time, Voted that the same be enacted.

JOHN PICKERING, President.

CORRECTIONS.

On page 1, note 2, for 1786, read 1784 and see Vol. xx, p. 33.
On page 3, 28th line, for Bailey, read Bayley.

On page 4, 16th line, for Bailey, read Bayley.

On page 13, 7th line, for Thornton, read Thompson.

On page 14, 19th and 39th lines, for Thornton, read Thompson.

On page 21, 40th line, for Cutter, read Cutler.

On page 30, 14th line, for Thornton, read Thompson.

On page 38, for William Peabody, Fr., read William Peabody.

On page 151, 26th line, for rates, read notes.

On page 153, 27th line, for Edward, read Edmund.

On page 173, 14th line, for Thornton, read Thompson.

On page 582, for Daniel Emerson, read Daniel Emerson, Jr.
On page 583, for Dixbury, read Duxbury.

MEMORANDUM.

In reference to note 5, on page 253, it should not be understood that either of
the Councillors named served for the fragment of a year which intervened between
December, 1783, and June, 1784. The Councillor for Grafton County for that
short term was Gen. Moses Dow. None of the Councillors for that term are
named in the Manual for the General Court, 1891, p. 122, but are given in the
New Hampshire Register for 1850, p. 22.

56

INDEX.

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