lxiv.
THE CONSTITUTION AND FORM OF GOVERNMENT, &c.
proceedings in such suit or action to be transmitted to the judges
of any county court
within the district for trial, and the judges of such county court, to
whom the
said record shall be transmitted, shall hear and determine the same in
like manner
as if such suit or action had been originally instituted therein; Provided
nevertheless,
that such suggestion shall be made as aforesaid before or during the term
in which the issue or issues may be joined in said suit or action; And
provided
also, that such further remedy may be provided by law in the premises as
the legislature
shall from time to time direct and enact. That if any party presented
or
indicted in any of the county courts of this state, shall suggest, in writing,
to the
court in which such prosecution is depending, that a fair and impartial
trial cannot
be had in such court, it shall and may be lawful for the said court to
order
and direct the record of their proceedings in the said prosecution to be
transmitted
to the judges of any adjoining county court for trial, and the judges of
such adjoining
county court shall hear and determine the same in the same manner as id
such
prosecution had been originally instituted therein; provided, that such
further and
other remedy may be provided by law in the premises as the legislature
may direct
and enact. That if the attorney-general, of the prosecutor for the
state, shall suggest,
in writing, to any county court before who an indictment is or may be depending,
that the state cannot have a fair and impartial trial in such court, it
shall
and may be lawful for the said court in their discretion, to order and
direct the record
of their proceedings in the said prosecution to be transmitted to the judges
of
any adjoining county court for trial, and the judges of such county court
shall hear
and determine the same as if such prosecution had been originally instituted
therein (x).
65. That all persons professing the christian
religion, who hold it unlawful to
take an oath on any occasion, shall be allowed to make their solemn affirmation,
in
the same manner that Quakers have heretofore been allowed to affirm, which
affirmation
shall be of the same avail as an oath to all intents and purposes whatever.
That before any such person shall be admitted as a witness or juror in
any court of
justice in this state, the court shall be satisfied, by competent testimony,
that such
person is conscientiously scrupulous of taking an oath (y).
66. That in all appointments to be hereafter
made by the executive, it shall be
the duty of the governor, and he is hereby required, to nominate, and by
and with
the advice and consent of the council, appoint, all such officers as are
directed to
be appointed by the executive, either by the constitution or laws of this
state (z).
(x) This is a part of the act
of 1804, ch. 55, confirmed by 1805, ch. 16, and declared a part
of the constitution.
(y) This was made a part of
the constitution by the act of 1817, ch. 61, confirmed by 1818,
ch. 163.
(z) This change as to the powers
of the governor, which is stated in note (f) to the 48th
section, was made a part of the constitution by the act of 1817, ch. 189,
confirmed by 1818, ch.
159.
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