CONSTITUTION OF NEW-HAMPSHIRE.    615

their seats 011 that day; Provided, nevertheless, that for the first year the
said returned copies shall be examined by the President and the major-
ity of the Council then in office; and the said President shall in like
manner notify the persons elected to attend and take their seats ac-
cordingly.

34. And in case there shall not appear to be a senator elected by a
majority of votes for any district, the deficiency shall be supplied in the
following manner: namely, the members of the House of Representa-
tives, and such senators as shall be declared elected, shall take the
names of the two persons having the highest number of votes in the
district, and out of them shall elect, by joint ballot, the senator wanted
for such district; and in this manner all such vacancies shall be tilled
in every district of the State; and in like manner all vacancies in the
Senate, arising by death, removal out of the Suite, or otherwise, shall
be supplied as soon as may be, after such vacancies happen.

35. The Senate shall be final judges of the elections, returns, and
qualifications of their own members, as pointed out in this constitution.

36. The Senate shall have power to adjourn themselves, provided
such adjournment do not exceed two days at a time.

Provided, nevertheless, That whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they
may think proper, although the Legislature be not assembled on such
day, or at such place.

37. 'Pile Senate shall appoint their president and other officers, and
determine their own rules of proceedings. And not less than seven
members of the Senate shall make a quorum for doing business;
and when less than eight senators shall be present, the assent of
five, at least, shall be necessary to render their acts and proceedings
valid.

38. The Senate shall be a court, with full power and authority to
hear, try and determine all impeachments made by the House of Rep-
resentatives against any officer or officers of the State, for bribery, cor-
ruption, mal-practice, or mal-admiuistration in office; with full power
to issue summons or compulsory process for convening witnesses before
them; but previous to the trial of any such impeachment, the members
of the .Senate shall respectively be sworn truly and impartially to try
and determine the charge in question, according to evidence. And
every officer impeached for bribery, corruption, mal-practice, or mal-
administration in office, shall be served with an attested copy of the
impeachment, and order of Senate thereon, with such citation as the
Senate’ may direct, setting forth the time and place of their sitting to
try the impeachment; wliieh service shall be made by the sheriff, or
such other sworn officer as the Senate may appoint, at least fourteen
days previous to the time of trial; and such citation being duly served
and returned, the Senate may proceed in the hearing of the impeach-
ment, giving the person impeached, if he shall appear, full liberty of
producing witnesses and proofs, and of making his defense by himself
and counsel; and may, also, upon his refusing, or neglecting to appear,
hear the proofs in support of the impeachment, and render judgment
thereon, liis non-appearance notwithstanding; and such judgment
shall have the same force and effect as if the person impeached had ap-
peared and pleaded in the trial.    /

39. Their judgment, however, shall not extend farther than removal
from office, disqualification to hold or enjoy any place of honor, trust,
or profit, under this State; but the party so convicted shall nevertheless
be liable to indictment, trial, judgment and punishment, according to
the laws of the land.    '

40. Whenever the Governor shall be impeached, the chief justice of
the supreme .judicial court shall, during the trial, preside in the Senate,
but have no vote therein.