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incapacity of office. Seven members shall be requisite 

 to make a court, and two thirds of those present must 

 concur in the sentence. The offences cognizal)le by 

 this court shall be cognizable by no other, and they 

 shall be triers of the fact as well as judges of the law. 



The justices or judges of the inferior courts already 

 erected, or hereafter to be erected, shall be appointed 

 by the governor, on advice of the council of state, and 

 shall hold their offices during good behaviour, or the 

 existence of their court. For breach of the good beha- 

 viour, they shall be tried according to the laws of the 

 land, before the Court of Appeals who shall be judges 

 of the fact as well as of the law. The only sentence 

 they shall have authority to pass, shall be that of depri- 

 vation and future incapacity of office, and two thirds of 

 the members present must concur in this sentence. 



All courts shall appoint their own clerks, who shall 

 hold their offices during good behaviour, or the exist- 

 ence of their court ; they shall also appoint all other 

 their attending officers to continue during their plea- 

 sure. Clerks appointed by the supreme or the superior 

 courts shall be removable by their respective courts. 

 Those to be appointed by other courts shall have been 

 previously examined, and certified to be duly qualified, 

 by some two members of the general court, and shall 

 be removable for breach of good behaviour by the 

 Court of Appeals only, who shall be judges of the fact 

 as well as of the law. Two thirds of the members 

 present must concur in the sentence. 



The justices or judges of the inferior courts may be 

 members of the legislature. 



The judgment of no inferior court shall be final, in 

 any civil case, of greater value than 50 bushels of wheat, 

 as last rated in the general court for settling the allow- 

 ance to the memhers of the general assembly, nor in 

 any case of treason, felony, or other crime which should 

 subject the party to infamous punishment. 



In all causes depending before any court, other than 

 those of impeachments, of appeals, and military courts, 

 facts put in issue shall be tried by jury, and in all courts 



