LXX. No person holding the office of Judge of any Court except special Judges Secretary, Treasurer of the State, Attorney General, Commissary General, Military Officers receiving pay from the Continent or this State, excepting officers of the militia occasionally called forth on an emergency, — Register of deeds, Sheriff or officer of the Customs, including Naval officers, Collectors of excise and State and Continental taxes hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of Congress or any person holding an office under the United States, shall at the same time hold the office of Governor, or have a seat in the Senate or House of Representatives or Council; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the Chair of the Senate or House of Representatives or Council, and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives. LXXI. To the end that there may be no failure of justice or danger to the State by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the Amendments and alterations shall take effect, and make the necessary arrangment accordingly. That the last paragraph in the Constitution be expunged, and the following substituted in lieu thereof, viz. : LXXII. It shall be the duty of the Selectmen and Assessors of the several towns and places in this State, in warning the first annual meeting for the choice of Senators, after the expiration of seven years from the adoption of this Constitution as amended, to insert expressly in the warrant this purpose, among the others, for the meeting. to wit: To take the sense of the qualified voters on the subject of a revision of the Constitution: And the meeting being warned accordingly, and not otherwise, the Moderator shall take the sense of the qualified voters present, as to the necessity of a revision; and a return of the number of votes for and against such necessity, shall be made by the clerk, sealed up, and directed to the General Court, at their then next session; and if it shall appear to the General Court, by such returns, that the sense of the people of the State has been taken, and that in the opinion of the majority of the qualified voters in the State present, and voting at said meeting, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court to call a Convention for that purpose; otherwise, the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner and proportioned as the representatives to the General Court: — Provided, that no alterations shall be made in this Constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present, and voting on the subject. And the same method of taking the sense of the people, as to the revision of the Constitution and calling a Convention for that purpose, shall be observed afterwards at the expiration of every seven years. Attest: JOHN CALFE, Secretary. JOHN PICKERING, President, P. T. |
