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be to attend) in open meeting receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for Senators, and shall in said meetings, in the presence of the said selectmen and of the town Clerk, in said meeting sort and count the said votes and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person. And the town Clerk shall make a fair record of the same at large, in the Town book and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof: And the said Town clerk shall cause such attested copy to be delivered to the sheriff of the County in which such town or parish shall lie forty days at least before the last Wednesday of October, or to the Secretary of the State, at least thirty days before the said last Wednesday of October ;-And the Sheriff of each county or his deputy shall deliver all such certificates by him received, into the Secretary's office at least thirty days before the last Wednesday of October.
And, that there may be a due meeting of the Senators on the last Wednesday of October annually, the Governor and a majority of the Council for the time being, shall as soon as may be, examine the returned copies of such records : and fourteen days before the said last Wednesday of October, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day: Provided nevertheless, that for the first year, the said returned copies shall be examined by the President and a majority of the Council then in office, and the said President shall in like manner notify the persons elected, to attend and take their seats accordingly.
And, in case there shall not appear to be a Senator elected by a majority of votes for any district, the deficiency shall be 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 the two persons having the highest number of votes in the district; and out of these shall elect by joint ballot, the Senator wanting for such district; and in this manner, all such vacancies shall be filled up in every district of the State; and in like manner all vacancies in the Senate arising by death, removal out of the State, or otherwise, shall be supplied as soon as may be, after such vacancies happen.
The Senate shall be final judges of the elections, returns and qualifications of their own members as pointed out in this Constitution.
The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time;--Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day or at such place.
The Senate shall appoint their President and other officers, and determine their own rules and proceedings: And not less than seven members of the Senate shall make a quorum for doing business; and when less than eight members shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid.
The Senate shall be a Court with full power and authority to hear, try and determine all impeachments made by the House of Representatives against any officer or officers of the State, for bribery, corruption, mal-practice, or mal-administration in office, with full power to issue summons or compulsory process for convening witnesses before them, with all necessary powers incident to a Court of trials. But previous to the trial of such Impeachment the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question according to evidence. And every officer impeached for bribery, corruption, mal-practice, or mal-administration in office, shall be served with an attested copy of the Impeachment and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting, to try the impeachment; which service shall be made by the sheriff or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial; and such citation being duly served and returned, the Senate may proceed in the hearing of the Impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defence by himself and Council, and may also upon his refusing or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon, -his non-appearance notwithstanding—and such Judgment shall have the same force and effect, as if the person impeached had appeared and pleaded on the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit under this State; but the party so convicted shall, nevertheless be liable to indictment, trial, judgment and punishment, according to the laws of the land. Whenever the Governor shall be impeached, the Chief Justice of the Supreme Judicial Court, shall during the trial preside in the Senate, but have no vote therein.
That the fifth Caragraph under this head be expunged and the following added :
All persons qualified to vote in the elections of Senators shall be intitled to vote within the district where they dwell in the choice of Representatives. Every member of the House of Representatives shall be chosen by ballot; and for two years at least next preceeding his election, shall have been an inhabitant of this State; shall have an estate within the district 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; and shall be at the time of his election, an inhabitant of the district he may be chosen to represent, and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid.
That the sixth article under said head be expunged and the following added :
The members of both Houses of the Legislature shall be compensated for their services out of the Treasury of the State by a Law made for that purpose ; such member attending seasonably and not departing without licence. All intermediate vacancies in the House of Representatives, may be filled up from time to time in the same manner as annual elections are made.
The House of Representatives shall be judge of the returns, elections & qualifications of its members, as pointed out in this Constitution. That the last paragraph under the Head of House of Representatives be expunged, and the following added ; viz.
The Journals of the Proceedings, & all the public acts of both Houses of the Legislature, shall be printed and published immediately after every adjournment, or prorogation; and upon motion made by any one member, the yeas and nays upon any question, shall be entered in the Journals; And any member of the Senate or House of Representatives all have a right, on otion made the time for that purpose, to have his protest or dissent with the reasons against any vote, resolve or bill passed, entered on the Journals.
XXIX. The Governor shall be chosen annually in the month of March, & votes for Governor shall be received, counted, sorted, certified &
returned in the same manner as the votes for Senators; & the Secretary shall lay the same before the Senate & House of Representatives, on the last Wednesday of October to be by them examined, and in case of an election by a majority of votes through the State, the choice shall be by them declared & published.
And the qualifications of electors of the Governor shall be the same as those for Senators; and if no person shall have a majority of votes, the Senate & House of Representatives shall by joint ballot elect one of the two persons having the highest number of votes, who shall be declared Governor.
And no person shall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this state for seven years next preceding; & unless he shall be of the age of thirty years, and unless he shall at the same time, have an estate of the value of five hundred pounds, one half of which shall consist of a freehold in his own right within this State.
In cases of disagreement between the two houses with regard to the time or place of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court not exceeding seven months at any one time, as he may determine the public good may require, to meet at the place where the Genl Court shall be at that time sitting; and he shall dissolve the same seven days before the said last Wednesday of October.
And in the case of any infectious distemper prevailing in the place where the said Court is to convene, or any other cause whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State.