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Every bill, which shall have passed both Houses of the General Court, shall before it become a law, be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent together with such objections to the other House, by which it shall likewise be reconsidered ; and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the Journal of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature by their adjournment prevent its return; - in which case it shall not be a law.
XXXV. Every resolve shall be presented to the Governor & before the same shall take effect, shall be approved by him, or, being disapproved by him shall be repassed by the Senate and House of Representatives, according to the rules & limitations prescribed in the case of a bill.
Rejected. XXXVI. All Judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, & and all officers of the Navy, & General & field officers of the Militia shall be nominated & appointed by the Governor and Council; & every such nomination shall be made at least three days prior to such appointment; & and no appointment shall take place, unless a majority of the Council agree thereto. The Governor & Council shall have a negative on each other both in the nominations & appointments. Every nomination & appointment shall be signed by the Governor or Council; & every negative shall be also signed by the Governor or Council who made the same.
The Captains & Subalterns in the respective regiments shall be nominated by the field officers, & if approved by the Governor shall be appointed by him.
Whenever the Chair of the Governor shall become vacant by reason of his death, absence from the State or otherwise, the President of the Senate, shall, during such vacancy, have and exercise all the powers and authorities which by this Constitution the Governor is vested with when personally present: But when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate.
The several paragraphs under the head - President,” in the Constitution, shall be altered by expunging the word “ President," and inserting the word GOVERNOR in lieu thereof.
And the second, third, fourth, sixth, ninth, sixteenth, and last paragraph, under the head, President" in the Constitution, shall be expunged, and be considered as no longer in force. Rejected.
The several paragraphs under the head Council in the Constitution shall be expunged, and the following substituted in lieu thereof:
There shall be annually elected by ballot five Councillors for advising the Governor in the Executive part of Government: The freeholders and other inhabitants in each county qualified to vote for Senators, shall some time in the month of March give in their votes for one Councillor ;- which votes shall be received, sorted, counted, certified and returned to the Secretary's office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and house of Representatives on the last Wednesday of October.
And the person having a majority of votes in any County shall be considered as duly elected a Councillor : But if no person shall have a majority of votes in any County the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each County and not elected, and out of those two shall elect by joint ballot, the Councillor wanted for such County.
Provided nevertheless, That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds, within this State, three hundred pounds of which or more shall be a freehold in his own right; and who is not thirty years of
age, and who shall not have been an inhabitant of this State for seven years immediately preceeding his election, and at the time of his election an inhabitant of the County in which he is elected. Rejected.
XLIV. The Secretary shall annually, seventeen days before the last Wednesday of October, give notice of the choice of the persons elected.
XLV. If any person shall be elected Governor or member of either branch of the Legislature, and shall accept the trust, or if any person elected as Councillor shall refuse to accept the office, or in case of the death, resignation, or removal of any Councillor out of the State, the Governor may issue a precept for the election of a new Councillor in that County where such vacancy shall happen, and the choice shall be in the same manner as before directed. The Governor shall have power and authority to convene the Council from time to time at his discretion, and with them or the majority of them, may and shall from time to time hold a Council for ordering and directing the affairs of the State according to the law of the land.
The members of the Council may be impeached by the House and tried by the Senate for bribery, corruption, mal-practice or mal-administration. The resolutions and advice of the Council shall be recorded by the Secretary in a register, and signed by all the members present agreeing thereto; and this record may be called for at any time by either House of the Legislature; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion.
The Legislature may, if the public good shall hereafter require it, divide the State into five districts as nearly equal as may be, governing themselves by the number of rateable polls and proportion of public taxes, each District to select a Councillor; and in case of such division, the manner of the choice shall be conformable to the present mode of election in Counties.
And whereas the elections appointed to be made by this Constitution on the last Wednesday of October annually by the two Houses of the Legislature may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of the elections shall be as follows: The vacancies in the Senate, if any, shall be first filled up; the Governor shall then be elected, provided there shall be no choice of him by the people, and afterwards the two houses shall proceed to fill up the vacancy, if any, in the Council.
Under the head SECRETARY, &c.
The Secretary of the State shall at all times have a deputy to be by him appointed, for whose conduct in office he shall be responsible, and in case of the death, removal or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this State until another shall be appointed.
L. The Secretary before he enters upon the business of his office, shall give bond with sufficient sureties in a reasonable sum for the use of the State, for the punctual performance of his trust.
COUNTY TREASURER, &C.
That the paragraph under this head in the Constitution be expunged, and the following substituted in the lieu thereof:
The County Treasurer and Register of Deeds, shall be elected by the inhabitants of the several Towns in the several Counties in the State, according to the method now practiced and the laws of the State; Provided nevertheless, the Legislature (shall have authority) to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them.
LII. And the Legislature on the application of the major part of the inhabitants of any County shall have authority to divide the same into two districts, for registering deeds, if to them it shall appear necessary — each district to elect a Register of deeds.
The County Treasurer and Register of deeds before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties in a reasonable sum for the use of the County or District, for the punctual performance of their respective trusts.
It shall be the duty of the General Court to make a reform in the Judiciary system, that justice may be administered in a more cheap and expeditious manner than is now practiced; and that no party shall have a review after the cause has been determined against him twice by Jury.