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teen; and that no district be so large as to entitle the same to choose more than six senators. And the several counties in this commonwealth shall, Counties to be

districts, until, until the general court shall determine it necessary to ete. 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.]

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 art. II. least seven days before the [first Monday in April,] for qualifications to the purpose of electing persons to be senators and coun- voters, super. cillors ; [and at such meetings every male inhabitant of ments, Arts. twenty-one years of age and upwards, having a freehold XXVII, XX., estate within the commonwealth, of the annual income of XXXII. three pounds, or any estate of the value of sixty pounds, tant", detined. 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 XXI., which all doubts concerning the meaning of the word “ inhabit- Art. XXVI. ant” in this constitution, every person shall be considered 22 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.

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

597.

amendments,

Time changed
to first Wednes.

Inhabitants of

who pay state

meetings. Time of elec.

by amend. ments, Art. XV. Assessors to

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. ]

And the inhabitants of plantations unincorporated,
uvincorporated
plantations, qualified as this constitution provides, who are or shall
taxes, may vote. be empowered and required to assess taxes upon them-

selves 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 Plantation

have in their respective towns; and the plantation meet

ings for that purpose shall be held annually [on the same tion changed

first Monday in April], at such place in the plantations,

respectively, as the assessors thereof shall direct; which potify, etc.

assessors shall have like authority for notifying the elect-
ors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places-unincor-
porated (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

III. And that there may be a due convention of senaamiue and count tors on the [last Wednesday in May] annually, the gov

ernor with five of the council, for the time being, shall, to first Wednes. as soon as may be, examine the returned copies of such by amendmeurs, l'ecords; 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, plurality by

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.
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

1

council to ex.

votes, and issue summonses. Time changed

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Art. X Majority changed to

amendments, Art. XIV.

of its own members.

,

See amend. mente, Art,

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 hajority, be the full number of senators returned elected by a pluralitye bye 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 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.]

V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, (who is not seised Property qualiin his own right of a freehold, within this commonwealth, fishetto of the value of three hundred pounds at least, or possessed See amenda of personal estate to the value of six hundred pounds at XIII.

For further pro. least, 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 residence, see space of five years immediately preceding his election, and, ments, Art. 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, Senate not to provided such adjournments do not exceed two days at a than two days. time.

VII. The senate shall choose its own president, appoint itsball choose its own officers, and determine its own rules of proceedings.

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 Sentence. from office and disqualification to hold or enjoy any place

establish its rules.

impeachments.

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. ]

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

CHAPTER I.

SECTION III.

of the people.

Representa tives, by whom chosen.

Arts. XII. and XIII., which were also

amendments,
Art. XXI.
7 Mass. 523.

House of Representatives. Representation

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 prinamendments, ciple of equality, every corporate town containing one

hundred and fifty ratable polls may elect one represensuperseded by

tative; every corporate town containing three hundred
and seventy-five ratable polls may elect two representa-
tives ; 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 incor-
porated 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 fine in case, etc.

time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, agreea-

bly to this constitution. Expenses of

The expenses of travelling to the general assembly, and

returning home, once in every session, and no more, shall how paid. 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.
Qualifications of III. Every member of the house of representatives

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

Proviso as to towns having

than 150 ratable polls.

Towns liable to

4

travelling to and from the general court,

a representative.

ments, Art.

f honor, trust, or profit, under this commonwealth ; but he party so convicted shall be, nevertheless, liable to dictment, trial, judgment, and punishment, according to he laws of the land.

IX. [Not less than sixteen members of the senate 111 constitute a quorum for doing business.]

These proviBion- super

CILAPTER 1.

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

Art. XXVI.

tives, when chosen.

Art. XV.

House alone

SECTION III.

House of Representatives. ARTICLE I. There shall be, in the legislature of this ommonwealth, a representation of the people, annually jeeted, and founded upon the principle of equality.

II. [.Ind in order to provide for a representation of se citizens of this commonwealth, founded upon the priniple of equality, every corporate town containing one undred and titty ratable polls may elect one represenitive; every corporate town containing three hundred ad seventy-five ratable polls may elect two representaves; every corporate town containing six hundred ratable olls may elect three representatives; and proceeding in dat manner, making two hundred and twenty-five ratable olls the mean increasing number for every additional

least next preceding his election, shall have been an inhab- New provision itant of, and bave been seised in his own right of a free- See amendhold of the value of one hundred pounds within the town XXI he shall be chosen to represent, or any ratable estate to fications abol

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., IV., of three pounds, or any estate of the value of sixty pounds, XXXI. and shall have a right to vote in the choice of a representative Sale XIAO or representatives for the said town.]

V. [The members of the house of representatives shall was annulled by be chosen annually in the month of May, ten days at least

Representa. before the last Wednesday of that month.] Time of election changed by amendments, Art. X., and changed again by amendments,

VI. The house of representatives shall be the grand cun 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 representatives ; but the senate may propose or concur with amendments, as on other bills.

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

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

X. The house of representatives shall be the judge of To judge of the returns, elections, and qualifications of its own mem- its owo mm. bers, 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 for prunish 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

nate all money bills.

Quorum. See

establish its

offences. 14 Gray, 226.

apresentative.

Provided, nevertheless, that each town now incorporated, ot having one hundred and fifty ratable polls, may elect ne representative; but no place shall hereafter be incororated with the privilege of electing a representative, nless there are within the same one hundred and fifty atable polls.]

And the house of representatives shall have power from
ime to time to impose fines upon such towns as shall
eglect to choose and return members to the same, agreea-
vi to this constitution.

The expenses of travelling to the general assembly, and
eturning home, once in every session, and no more, shall
ve paid by the government, out of the public treasury, to
very member who shall attend as seasonably as he can, in
he judgment of the house, and does not depart without
lave.

III. Every member of the house of representatives
hall be chosen by written votes ; [and, for one year at

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