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the secretary's office seventeen days at least before the said last Wednesday in May; and the sheriff of each county shall deliver all such certificates, by him received, into the secretary's office, seventeen days before the said last Wednesday in May.]

unincorporated

taxes, may

See amend

And the inhabitants of plantations unincorporated, quali- Inhabitants of fied as this constitution provides, who are or shall be plantations, empowered and required to assess taxes upon themselves who pay State toward the support of government, shall have the same vote. privilege of voting for councillors and senators, in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that pur- Plantation pose shall be held, annually, [on the same first Monday in meetings. April,] at such place in the plantations, respectively, as the ments, Art. X. assessors thereof shall direct; which assessors shall have Assessors to nolike authority for notifying the electors, collecting and tify, &c. returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated, (qualified as aforesaid,) who shall be assessed to the support of government, by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators, in the town where they shall be assessed, and be notified of the place of meeting, by the selectmen of the town where they shall be assessed, for that purpose, accordingly.

council to ex

count votes,

III. And that there may be a due convention of senators Governor and [on the last Wednesday in May,] annually, the governor, amine and with five of the council, for the time being, shall, as soon as and issue summay be, examine the returned copies of such records; and monses. fourteen days before the said day, he shall issue his summons See amendto such persons as shall appear to be chosen by a majority of ments, Art. X. voters, to attend on that day, and take their seats accordingly; [provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the council of the former constitution of government; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.]

final judge of

of its own

IV. The senate shall be the final judge of the elections, Senate to be returns and qualifications of their own members, as pointed elections, &c., out in the constitution; and shall, on the said [last Wednes- members. day in May,] annually, determine and declare who are elected by each district to be senators, [by a majority of votes: and See amendin case there shall not appear to be the full number of sena- xiv. and tors returned, elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner,

ments, Art. X.,

XXIV.

filled.

Vacancies, how viz.: The members of the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these, shall elect by ballot a number of senators sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled up in every district of the Commonwealth; and in like manner all vacancies in the senate, arising by death, removal out of the State or otherwise, shall be supplied as soon as may be after such vacancies shall happen.]

Qualifications of a senator. See amendments, Arts. XIII. and XXII..

Senate not to

V. Provided, nevertheless, that no person shall be capable of being elected as a senator, [who is not seized in his own right of a freehold, within this Commonwealth, of the value of three hundred pounds at least, or possessed of personal estate of the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this Commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves; than two days. provided such adjournments do not exceed two days at a

adjourn more

Shall choose its

officers and es

Shall try all impeachments.

Oath.

time.

VII. The senate shall choose its own president, appoint tablish its rules. its own officers, and determine its own rules of proceedings. VIII. The senate shall be a court, with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the Commonwealth, for misconduct and mal-administration in their offices: but, previous to the trial of every impeachment, the members of the senate shall, respectively be sworn, truly and impartially to try and determine the charge in question, Limitation of according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honor, trust or profit, under this Commonwealth: but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.

sentence.

Quorum.

IX. Not less than sixteen members of the senate shall constitute a quorum for doing business.

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CHAPTER I.

SECTION III.

House of Representatives.

of the people.

ART. I. There shall be, in the legislature of this Com- Representation monwealth, a representation of the people, annually elected, and founded upon the principle of equality.

See amendments, Arts.

[II. And in order to provide for a representation of the citizens of Representatives, by whom this Commonwealth, founded upon the principle of equality, every cor- chosen. porate town, containing one hundred and fifty ratable polls, may elect one representative; every corporate town, containing three hundred and seventy-five ratable polls, may elect two representatives; every corporate XII., XIII. and town, containing six hundred ratable polls, may elect three representatives; and proceeding in that manner, making two hundred and twentyfive ratable polls the mean increasing number for every additional representative.

XXI.

Provided, nevertheless, that each town now incorporated, not having Proviso as to one hundred and fifty ratable polls, may elect one representative; but no less than 150 towns having place shall hereafter be incorporated with the privilege of electing a ratable polls. representative, unless there are within the same one hundred and fifty ratable polls.]

fine in case, &c.

And the house of representatives shall have power, from Towns liable to time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution.

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Expense of and from the how paid. general court,

travelling to

The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave. III. Every member of the house of representatives shall Qualifications be chosen by written votes; [and, for one year at least next tive. preceding his election, shall have been an inhabitant of, and ments, Arts. have been seized in his own right of a freehold of the value and XXI. of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid.]

of a representaSee amend

XIII., XIV.

of a voter.

[IV. Every male person being twenty-one years of age, and resident Qualifications in any particular town in this Commonwealth, for the space of one year next preceding, having a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, See amendshall have a right to vote in the choice of a representative or representa- III., XX. and tives for the said town.]

ments, Arts.

XXIII.

Representatives, when chosen.

See amend

ments, Arts. X. and XV.

House alone

[V. The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month.]

VI. The house of representatives shall be the grand can impeach. inquest of this Commonwealth; and all impeachments made by them shall be heard and tried by the senate.

House to originate all money bills.

Not to adjourn

more than two

VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.

VIII. The house of representatives shall have power to days at a time. adjourn themselves; provided such adjournment shall not exceed two days at a time.

Quorum.

See amend

ments, Art. XXI.

House to judge

of its own mem

officers and

rules, &c.

certain of

fences.

[IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.]

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X. The house of representatives shall be the judge of of returns, &c., the returns, elections and qualifications of its own members, bers; to choose as pointed out in the constitution; shall choose their own establish its speaker, appoint their own officers, and settle the rules and May punish for orders of proceeding in their own house. They shall have authority to punish by imprisonment, every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence; or who, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for anything said or done in the house; or who shall assault any of them theréfor; or who shall assault or arrest any witness, or other person, ordered to attend the house, in his way in going or returning; or who shall rescue any person arrested by the order of the house.

Privileges of members.

Senate.

Governor and council may

punish.

tion.

And no member of the house of representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending, the general assembly.

XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to punish in like cases: provided, that no imprisGeneral limita- onment, on the warrant or order of the governor, council, senate or house of representatives, for either of the above described offences, be for a term exceeding thirty days. And the senate and house of representatives may try and committée, or determine all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may, respectively, think

Trial may be by

otherwise.

best.

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ART. I. There shall be a supreme executive magistrate, Governor. who shall be styled-THE GOVERNOR OF THE COMMMONWEALTH

OF MASSACHUSETTS; and whose title shall be-HIS EXCEL- His title.

LENCY.

annually.

II. The governor shall be chosen annually; and no per- To be chosen son shall be eligible to this office, unless, at the time of his Qualifications. election, he shall have been an inhabitant of this Commonwealth for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold, within the Commonwealth, .of the value of one thousand pounds; [and unless he shall declare himself to be of the See amendChristian religion.]

ments, Art.

VII.

[III. Those persons who shall be qualified to vote for senators and By whom cho representatives, within the several towns of this Commonwealth, shall, at sen, if he have a majority of a meeting to be called for that purpose, on the first Monday of April, votes. annually, give in their votes for a governor, to the selectmen, who shall See amendpreside at such meetings; and the town clerk, in the presence and with ments, Arts. the assistance of the selectmen, shall, in open town meeting, sort and II, X., XIV. count the votes, and form a list of the persons voted for, with the number and XV. of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall transmit the same to the secretary's office, seventeen days at least before the said last Wednesday in May; or the selectmen may cause returns of the same to be made, to the office of the secretary. of the Commonwealth, seventeen days at least before the said day; and the secretary shall lay the same before the senate and the house of representatives, on the last Wednesday in May, to be by them examined; and in case of an election by a majority of all the votes returned, the choice shall be by them declared and published; but if no person shall How chosen, have a majority of votes, the house of representatives shall, by ballot, elect when no pertwo out of four persons, who had the highest number of votes, if so many jority. shall have been voted for; but, if otherwise, out of the number voted for; and make return to the senate of the two persons so elected; on which, the senate shall proceed, by ballot, to elect one who shall be declared governor:]

son has a ma

governor and

IV. The governor shall have authority, from time to Power of gov time, at his discretion, to assemble and call together the eror, and of councillors of this Commonwealth for the time being; and council. the governor, with the said councillors, or five of them, at least, shall, and may, from time to time, hold and keep a

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