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journment of the general

3 Mass. 567.

see amend ments, Art. I.

name

courts of record, etc.

the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth.

For exception And in order to prevent unnecessary delays, if any bill in case of ad. or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall come fire daging have the force of a law.

III. The general court shall forever have full power General court and authority to erect and constitute judicatories and may courtitute courts of record, or other courts, to be held in the of the commonwealth, for the hearing, trying, and deter- 8 Gray, 1;

12 Gray, 147, mining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same : whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon. To which courts and judicatories are hereby given and Courts, etc.in granted full power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before

154.

them.

may enact laws,

may enact

6 Allen, 358.

IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to etc. time to make, ordain, and establish, all manner of whole- 4 Allen, 473. some and reasonable orders, laws, statutes, and ordinances, 23-Allen, 223, directions and instructions, either with penalties or with- 100 Mass. 514, out; so as the same be not repugnant or contrary to this 116 Mass. 467, constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government lewe, eterna hot and ordering thereof, and of the subjects of the same, and the constitution. for the necessary support and defence of the government thereof; and to name and settle annually, or provide by

provide by may provide fixed laws for the naming and settling, all civil officers or appointment within the said commonwealth, the election and consti- 115 Mass. 602. tution of whom are not hereafter in this form of government otherwise provided for; and to set forth the several may prescribe duties, powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to

their duties,

General court
may impose
taxes, etc.

12 Mass. 252.

5 Allen, 428.

this constitution ; and to impose and levy proportional
and reasonable assessments, rates, and taxes, upon all the

inhabitants of, and persons resident, and estates lying,

8 Allen, 247, 253. within the said commonwealth ; and also to impose and

levy reasonable duties and excises upon any produce,

13. Allen 77,223, goods, wares, merchandise, and commodities, whatsoever,

brought into, produced, manufactured, or being within

the same; to be issued and disposed of by warrant, under

the hand of the governor of this commonwealth for the

time being, with the advice and consent of the council,

for the public service, in the necessary defence and sup-
118 Mass: 386; port of the government of the said commonwealth, and

the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within

391.

389.
123 Mass. 493,
495.
127 Mass. 413.

may impose

taxes, etc., to be

disposed of for

defence, protec-

tion, etc.

the same.

ten years, at
least, while, etc.
8 Allen, 247.
126 Mass. 547.

And while the public charges of government, or any

part thereof, shall be assessed on polls and estates, in the

8 Allen, 247, 256. manner that has hitherto been practised, in order that
estates once in such assessments may be made with equality, there shall

be a valuation of estates within the commonwealth, taken
anew once in every ten years at least, and as much oftener
as the general court shall order.

For the authority of the general court to charter cities, see amendments, Art. II.

SECTION II.

Senate.

ARTICLE I. [There shall be annually elected, by the

whom elected. freeholders and other inhabitants of this commonwealth,

amendments,' qualified as in this constitution is provided, forty persons

which was also to be councillors and senators for the year ensuing their

amendments,

election ; to be chosen by the inhabitants of the districts

into which the commonwealth may, from time to time, be

divided by the general court for that purpose : and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-

portion of the public taxes paid by the said districts; and
For provision as timely make known to the inhabitants of the common-
to councillors,

wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-

see amend.
ments, Art.
XVI.

time of choosing

Provisions as to

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, districtes

, untii

, 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.]

II. The senate shall be the first branch of the legislat- Manner and ure; and the senators shall be chosen in the following man- senators and ner, viz. : there shall be a meeting on the (first Monday in amendments, April,] annually, forever, of the inhabitants of each town X. As in the several counties of this commonwealth ; to be called toneltimme by the selectmen, and warned in due course of law, at Art. 11 least seven days before the [first Monday in April,] for qualifications of the

purpose of electing persons to be senators and coun- seded by amendcillors ; [and at such meetings every male inhabitant of m., xx.; twenty-one years of age and upwards, having a freehold XXX., XXXI. estate within the commonwealth, of the annual income of and . 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 ments

, Art. the district of which he is an inhabitant.] And to remove was annulled by all doubts concerning the meaning of the word “ inhabi- 12 Gray, 21. tant” in this constitution, every person shall be considered 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 of meetings. 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

" .

122 Mass. 595, 597.

Time changed to first Wednes.

Inhabitants of unincorporated plantations, who pay state

Plantation
meetings.
Time of elec-
tion changed by
amendments,
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 of January. day in May] annually; or it shall be delivered into the ments, Art. X. 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.]

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 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 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 notify, etc

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.

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

crnor with five of the council, for the time being, shall, to first Wednes. as soon as may be, examine the returned copies of such du wa nne damer, 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.

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

Governor and council to ex

votes, and issue summonses. Time changed

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

Senate to be final judge of

pointed out in the constitution ; and shall, [on the said of its own memlast Wednesday in May] annually, determine and declare Time changed who are elected by each district to be senators [by a day of January majority of votes; and in case there shall not appear to ments, Art. X. be the full number of senators returned elected by a changed to majority of votes for any district, the deficiency shall be pleality biya supplied in the following manner, viz. : The members of Art. XIV. 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 mento, 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.]

V. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Property qualiin his own right of a freehold, within this commonwealth, fication abolof the value of three hundred pounds at least, or possessed See amend. of personal estate to the value of six hundred pounds at XIII. 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 also amendspace of five years immediately preceding his election, and, mets. 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, ap- its ballcers and point its own officers, and determine its own rules of establish its 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 from office and disqualification to hold or enjoy any place

For further

pro

ments, Art.

rules.

impeachments.

sentence.

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