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6. No Judge shall charge Juries on matters of fact; but may state the testimony, and declare the law.
7. The Courts of Probate, in this State, shall remain as at present established by law, until the Legislature shall otherwise prescribe.
Article 5.
Of Elections and the Right of Suffrage.
1. Every person, who now is, or hereafter may be, admitted a freeman, previous to the adoption of this Constitution, shall be an elector, so long as he shall be possessed of the qualifications by which he was admitted to be a freeman; and, hereafter, every free white male citizen, of the age of twenty-one years, who is really and truly possessed, in his own proper right, of a real estate, within this State, of the value of one hundred and thirty-four dollars, or which shall rent for seven dollars per annum, being an estate in fee simple, fee tail, or an estate in reversion, which qualifies no other person, or at least an estate for the person’s own life, shall be entitled to be admitted a freeman in the town in which his estate lies; and being so admitted, shall be an elector, and no other persons: provided, however, that the yearly value of such life estate shall exceed the amount of the rent reserved, (if any,) by the sum of seven dollars, per annum: and provided, that no person, whose estate is under mortgage, and the mortgagee is in possession of such estate, either by suit at law, or by consent of the mortgager, shall be admitted to vote in the election of an officer in this State, or be capable of acting as an elector therein; but the mortgagee having possession of the land as aforesaid, shall be admitted to vote in the election of officers, if he be in other respects qualified: provided, however, that no mortgager, while in possession of the mortgaged premises, shall be admitted to vote thereon, unless his interest therein shall exceed the sum of one hundred and thirty-four dollars, over and above all sums secured by mortgage: and provided also, that no person shall be admitted to vote in any town in this State, for Representatives to the General Assembly, or for any town officers, or in any town affairs, who has not a sufficient freehold in such town.
