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between or concerning persons inhabiting or residing or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal, or mixed, and for the awarding and issuing execution thereon; to which courts and judicatories are hereby given and granted full power and authority from time to time to administer oaths or affirmations for the better discovery of truth in any matter in controversy or depending before them.
[Art. 5.] And, further, full power and authority are hereby To make laws, given and granted to the said general court, from time to time detine their to make, ordain, and establish all manner of wholesome and powers and
duties, imreasonable orders, laws, statutes, ordinances, directions, and pose fines,
and assess instructions, either with penalties or without, so as the same be taxes. not repugnant or contrary to this constitution, as they may iv, 566.
xiii, 536. judge for the benefit and welfare of this state and for the gov- xv, '88.
xxviii, 176. erning and ordering thereof and of the subjects of the same, for the necessary support and defense of the government thereof; xlii, 373.
xxxviii, 427. and to name and settle [biennially],4 or provide by fixed laws xlví415. for the naming and settling, all civil officers within this state, liii, 9.
Ix, 87; 219, 234; such officers excepted the election and appointment of whom 347.
Ixi, 264; 631. are hereafter in this form of government otherwise provided for; lxiv, 402; 560. and to set forth the several duties, powers, and limits of the lxvii, 279.
lxv, 42. several civil and military officers of this state, 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 this constitution; and, also, to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates, and taxes upon all the inhabitants of, and residents within, the said state, and upon all estates within the same, to be issued and disposed of by warrant, under the hand of the [governor] ? of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the gov
1 First inserted in Copy of Constitution in General Laws, 1878, apparently without authority.
* Substituted for “president," 1793.
ernment of this state and the protection and preservation of the
subjects thereof, according to such acts as are or shall be in General court force within the same: [provided, that the general court shall from author- not authorize any town to loan or give its money or credit, to aid certain directly or indirectly, for the benefit of any corporation having corporations. for its object a dividend of profits, or in any way aid the same lvi, 514.
by taking its stock or bonds.] Valuation of [Art. 6.] And, while the public charges of government or iv, 568. any part thereof shall be assessed on polls and estates in the viii, 573. lviii, 538.
manner that has heretofore been practiced, in order that such lx, 347.
assessments may be made with equality there shall be a valuation of the estates within the state taken anew once in every five years, at least, and as much oftener as the general court
shall order. Members of [Art. 7.) [No member of the general court shall take fees, legislature not to take be of counsel, or act as advocate in any cause before either fees, or act as branch of the legislature; and, upon due proof thereof, such
member shall forfeit his seat in the legislature.]? Legislature to sit with open
[Art. 8.] [The doors of the galleries of each house of the doors. legislature shall be kept open to all persons who behave decently,
except when the welfare of the state, in the opinion of either branch, shall require secrecy.]?
HOUSE OF REPRESENTATIVES.3
Representa [ART. 9.] [There shall be, in the legislature of this state, a tives elected biennially. representation of the people, biennially elected, and founded
upon principles of equality, and, in order that such representa
tion may be as equal as circumstances will admit, every town, Ratio of representation.
or place entitled to town privileges, and wards of cities having six hundred inhabitants by the last general census of the state, taken by authority of the United States or of this state, may elect one representative; if eighteen hundred such inhabitants, may elect two representatives; and so proceeding in that proportion, making twelve hundred such inhabitants the mean increasing number for any additional representative: provided, that no town shall be divided or the boundaries of the wards of any city so altered as to increase the number of representatives to which such town or city may be entitled by the next preceding census; and provided further, that, to those towns and
* Inserted, 1879. • Inserted, 1793.
* Provisions under this head followed those under head "senate" prior to 1793.
Number of cities which since the last census have been divided or had representa
tives not to be their boundaries or ward lines changed, the general court in increased by
dividing session next before these amendments shall take effect shall towns. equitably apportion representation in such manner that the number shall not be greater than it would have been had no such division or alteration been made.] 1
[ART. 10.] 2 [Art. 10 (11)8.] [Whenever any town, place, or city ward Small towns
may elect a shall have less than six hundred such inhabitants,5 the general proportion a te
part of time. court [shall]e authorize such town, place, or ward to elect and send to the general court [a representative] such proportionate part of the time as the number of its inhabitants shall bear to six hundred; but the general court shall not authorize any (such]' town, place, or ward to elect and send such representative, except as herein provided.] 4
[Art. II (12).] The members of the house of representa- Biennial electives shall be chosen [biennially] 8 in the month of [Novem-sentatives in ber] 15, and shall be the second branch of the legislature.
November. [Art. 12 (13).] All persons qualified to vote in the election Qualification
of electors. of senators shall be entitled to vote, within the 9 district 10 where they dwell, in the choice of representatives.
1 Substituted for original Article 9, 1878.
Indicates numbering of sections previous to 1889.
& Substituted for "may,” 1889. · Inserted, 1889. * Substituted for "annually." 1878. 9" Town” left out in engrossed copy of 1793, apparently without authority.
10 “ Parish or place" left out in engrossed copy of 1793, apparently without authority.
16 Substituted for "March," 1878.
Representa- [Art. 13 (14).] Every member of the house of representatives, how elected, and tives shall be chosen by ballot, and, for two years, at least, qualifications of.
next preceding his election, shall have been an inhabitant of liii, 9.
this state ; 1 shall be, at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent; and shall cease to represent such town, parish, or place imme
diately on his ceasing to be qualified as aforesaid. Compensation [Art. 14 (15).] [The presiding officers of both houses of of legislature.
the legislature shall severally receive out of the state treasury as compensation in full for their services, for the term elected, the sum of two hundred and fifty dollars, and all other members thereof seasonably attending and not departing without license, the sum of two hundred dollars, exclusive of mileage: provided, however, that when a special session shall be called by the governor, such officers and members shall receive for attendance an additional compensation of three dollars per day for a period
not exceeding fifteen days, and the usual mileage.] 8 Vacancies in [Art. 15 (16).] All intermediate vacancies in the house of house, how filled. representatives may be filled up from time to time in the same
manner as [biennial] + elections are made. House to im- [Art. 16 (17).] The house of representatives shall be the peach before the senate. grand inquest of the state, and all impeachments made by them
shall be heard and tried by the senate. Money bills to [Art. 17 (18).] All money bills shall originate in the house originate in house.
of representatives, but the senate may propose or concur with
amendments, as on other bills. Power of ad- [Art. 18 (19).] The house of representatives shall have journment limited. power to adjourn themselves, but no longer than two days at a
1 "Shall have an estate within the town, parish or place which he may be chosen to represent of the value of one hundred pounds, one half of which to be a freehold whereof he is seized in his own right” stricken out, 1852.
? "Shall be of the Protestant religion” stricken out, 1877.
* Section 1 of Amendment 26 of 1793 (which was substituted for original Article 6 under "House of Representatives ") stricken out and above inserted, 1889.
14 Substituted for “annual," 1878.
[Art. 19 (20).] A majority of the members of the house of Quorum,what
constitutes. representatives shall be a quorum for doing business, but, when less than two thirds of the representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid.
[Art. 20 (21).] No member of the house of representatives Privileges of or senate shall be arrested or held to bail on mesne process the legisladuring his going to, returning from, or attendance upon, the court.
[Art. 21 (22).] The house of representatives shall choose House to elect their own speaker, appoint their own officers, and settle the officers, settle
rules of prorules of proceedings in their own house [and shall be judge of ceedings, and
punish misthe returns, elections, and qualifications of its members, as conduct. pointed out in this constitution.] They shall have authority lxvi383. to punish by imprisonment every person who shall be guilty of lxviii, 56. disrespect to the house, in its presence, by any disorderly and contemptuous behavior, or by threatening or illtreating any of its members, or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any member during his attendance at any session ; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house; in assaulting any witness or other person ordered to attend by, and during his attendance of, the house, or in rescuing any person arrested by order of the house, knowing them to be such.
[Art. 22 (23).] The senate (governor]and council shall Senate and have the same powers in like cases, provided, that no imprison- have like
powers; imment by either for any offense exceed ten days.
prisonment limited. [Art. 23 (24).] The journals of the proceedings and all Journals and
laws to be public acts of both houses of the legislature shall be printed and
published; published immediately after every adjournment or prorogation,
l, nays, and proand, upon motion made by any one member, the yeas and nays upon any question shall be entered on the journal, and any lii, 622. member of the senate or house of representatives shall have a
1 Inserted 1793.