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teen; and that no district be so large as to entitle the same to choose more than six senators.

districts, until,

And the several counties in this commonwealth shall, Counties to he until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that purpose) and shall elect the following number for councillors and senators, viz. :- Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.]

time of choosing

amendments,

XV. As

amendments,

Art. II. qualifications of

Provisions as to

voters, superseded by amend

ments, Arts.

III., XX.,

II. The senate shall be the first branch of the legisla- Manner and ture; and the senators shall be chosen in the following man- senators and ner, viz. there shall be a meeting on the [first Monday in councillors. See April,] annually, forever, of the inhabitants of each town Arts. X. and in the several counties of this commonwealth; to be called to cities, see by the selectmen, and warned in due course of law, at least seven days before the [first Monday in April, ] for the of electing persons to be senators and counpurpose cillors; [and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold XXVIII,XXX., estate within the commonwealth, of the annual income of XXXII. three pounds, or any estate of the value of sixty pounds, tant defined. shall have a right to give in his vote for the senators for See also amend. the district of which he is an inhabitant.] And to remove XXIII., which all doubts concerning the meaning of the word "inhabit- Art. XXVI. ant" in this constitution, every person shall be considered 122 Mass. 595, as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home.

XXXI. and

Word" inhabi

ments, Art.

was annulled by

12 Gray, 21.

597.

preside at town

The selectmen of the several towns shall preside at Selectmen to such meetings impartially; and shall receive the votes meetings. of all the inhabitants of such towns present and qualified. to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, Return of votes. who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name and a fair copy of this record shall be attested by As to cities, see the selectmen and the town clerk, and shall be sealed up, Art. II. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport

amendments,

Time changed

to first Wednes

See amend

of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday day of January. in May] annually; or it shall be delivered into the secrements, Art. X. tary'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.]

Inhabitants of unincorporated plantations, who pay state

Plantation
meetings.

Time of elec-
tion changed
by amend-
ments, Art. XV.
Assessors to
notify, etc.

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall taxes, may vote. be empowered and required to assess taxes upon themselves toward the support of government, shall have the same 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 purpose shall be held annually [on the same first Monday in April], at such place in the plantations, respectively, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and 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.

Governor and council to ex

votes, and issue

summonses.

Time changed

III. And that there may be a due convention of senaamine and count tors on the [last Wednesday in May] annually, the governor with five of the council, for the time being, shall, to first Wednes. as soon as may be, examine the returned copies of such day in January records; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by [a majority of] 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.

by amendments, Art. X. Majority changed to plurality by amendments, Art. XIV.

Senate to be final judge of

IV. The senate shall be the final judge of the elecelections, etc., tions, returns and qualifications of their own members, as

of its own mem

bers.

to first Wednes.

by amendments,

amendments,

pointed out in the constitution; and shall, [on the said Time changed last Wednesday in May] annually, determine and declare day of January who are elected by each district to be senators [by a Art. X. majority of votes; and in case there shall not appear to charity be the full number of senators returned elected by a plurality by majority of votes for any district, the deficiency shall be Art. XIV. supplied in the following manner, 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 Vacancies, how senators sufficient to fill up the vacancies in such district; Changed to and in this manner all such vacancies shall be filled up in people. every district of the commonwealth; and in like manner ments, Art. all vacancies in the senate, arising by death, removal out XXIV. of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]

filled.

election by

See amend.

a senator.

fication abol

ments, Art.

V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, [who is not seised Property quali in his own right of a freehold, within this commonwealth, shed. of the value of three hundred pounds at least, or possessed See amendof personal estate to the value of six hundred pounds at For further proleast, or of both to the amount of the same sum, and] who vision as to has not been an inhabitant of this commonwealth for the also amendspace of five years immediately preceding his election, and, went at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

residence, see

ments, Art.

Senate not to

adjourn more

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

officers and

rules.

impeachments.

VII. The senate shall choose its own president, appoint, shall choose its own officers, and determine its own rules of pro- establish its ceedings. VIII. The senate shall be a court with full authority, shall try all 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 Oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place

sentence.

Quorum.
See amend.
ments, Arts.
XXII, and
XXXIII.

Representation of the people.

Representa. tives, by whom chosen.

Superseded by amendments, Arts. XII. and XIII., which were also superseded by amendments, Art. XXI.

7 Mass. 523.

Proviso as to towns having less than 150 ratable polls.

Towns liable to fine in case, etc.

Expenses of travelling to and from the general court, how paid.

Qualifications of

a representative.

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.

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

CHAPTER I.

SECTION III.

House of Representatives.

ARTICLE I. There shall be, in the legislature of this commonwealth, a representation of the people, annually clected, and founded upon the principle of equality.

II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the principle of equality, every corporate 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 town.containing six hundred ratable polls may elect three representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative.

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

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

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 be chosen by written votes; [and, for one year at

as to residence.

ments, Art.

fications abol

ments, Art.

least next preceding his election, shall have been an inhab- New provision itant of, and have been seised in his own right of a free- See amend hold of the value of one hundred pounds within the town XXI he shall be chosen to represent, or any ratable estate to Property quali the value of two hundred pounds; and he shall cease to ished by amend represent the said town immediately on his ceasing to be XIII. qualified as aforesaid.] IV. [Every male person, being twenty-one years of Qualifications of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a seded by freehold estate within the said town of the annual income Arts. III., XX., of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town.]

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.]

Time of election changed by amendments, Art. X., and changed again by amendments,

Art. XV.

a voter.

These provisions super

amendments,

XXVIII, XXX,

XXXI. and
XXII.

See also amend-
ments, Art.
XXIII., which

was annulled by

Art. XXVI. Representa tives, when chosen.

House alone

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

bills.

Not to adjourn

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

Quorum. See

Arts. XXI. and

IX. [Not less than sixty members of the house of amendments, representatives shall constitute a quorum for doing busi- XXXIII. ness.]

returns, etc., of

bers; to choose

establish its

certain offences.

14 Gray, 226.

X. The house of representatives shall be the judge of To judge of the returns, elections, and qualifications of its own mem- its own members, as pointed out in the constitution; shall choose their its officers and own speaker; appoint their own officers, and settle the rules, etc. rules and orders of proceeding in their own house. They May punish 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 any thing said or done in the house; or who shall assault any of them therefor; or who shall assault, or arrest, any witness, or other person, ordered to attend the

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