register of probate, register of deeds, sheriffs or their deputies, clerks of the judicial courts, shall be a member of the legislature; and any person holding either of the foregoing offices, elected to, and accepting a seat in the congress of the United States, shall thereby vacate said office; and no person shall be capable of holding or exercising at the same time within this state, more than one of the offices before mentioned. SECT. 3. All commissions shall be in the name of the state, Commissions. signed by the governor, attested by the secretary or his deputy, and have the seal of the state thereto affixed. nesday of Janu SECT. 4. And in case the elections, required by this constitu- Elections on tion on the first Wednesday of January annually, by the two houses the first Wedof the legislature, shall not be completed on that day, the same ary may be adjourned from may be adjourned from day to day, until completed, in the following order: the vacancies in the senate shall first be filled; the governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council. day to day. moved by im address. SECT. 5. Every person holding any civil office under this state, Every civil offimay be removed by impeachment, for misdemeanor in office; and cer may be reevery person holding any office, may be removed by the governor, peachment or with the advice of the council, on the address of both branches of the legislature. But before such address shall pass either house, the causes of removal shall be stated and entered on the journal of the house in which it originated, and a copy thereof served on the person in office, that he may be admitted to a hearing in his defence. SECT. 6. The tenure of all offices, which are not or shall not Tenure of of be otherwise provided for, shall be during the pleasure of the governor and council. fice. SECT. 7. While the public expenses shall be assessed on polls Valuation. and estates, a general valuation shall be taken at least once in ten years. be taxed accord SECT. 8. All taxes upon real estate, assessed by authority of Real estate to this state, shall be apportioned and assessed equally, according to ing to its value. the just value thereof. ARTICLE X. SCHEDULE. SECT. 1. The first legislature shall meet on the last Wednesday Meeting of the in May next. The elections on the second Monday in September first legislature. annually shall not commence until the year one thousand eight hundred and twenty one, and in the mean time the election for governor, senators and representatives shall be on the first Monday Elections for in April, in the year of our Lord one thousand eight hundred and 1820. Senators tioned. twenty, and at this election the same proceedings shall be had as are required at the elections, provided for in this constitution on the second Monday in September annually, and the lists of the votes for the governor and senators shall be transmitted, by the town and plantation clerks respectively, to the secretary of state pro tempore, seventeen days at least before the last Wednesday in May next, and the president of the convention shall, in presence of the secretary of state pro tempore, open and examine the attested copies of said lists so returned for senators, and shall have all the powers, and be subject to all the duties, in ascertaining, notifying, and summoning the senators, who appear to be elected, as the governor and council have, and are subject to, by this constitution: provided, he shall notify said senators fourteen days at least before the last Wednesday in May, and vacancies shall be ascertained and filled in the manner appor- herein provided: and the senators to be elected on the said first Monday of April, shall be apportioned as follows: Representa ed. The county of York shall elect three. The county of Cumberland shall elect three. The county of Penobscot shall elect one. And the members of the house of representatives shall be elected, tives apportion- ascertained, and returned in the same manner as herein provided at elections on the second Monday of September, and the first house of representatives shall consist of the following number, to be elected as follows: York. Cumberland. Lincoln. COUNTY OF YORK. The towns of York and Wells may each elect two representatives; and each of the remaining towns may elect one. COUNTY OF CUMBERLAND. The town of Portland may elect three representatives; North Yarmouth, two; Brunswick, two; Gorham, two; Freeport and Pownal, two; Raymond and Otisfield, one; Bridgton, Baldwin and Harrison, one; Poland and Danville, one; and each remaining town one. COUNTY OF LINCOLN. The towns of Georgetown and Phipsburg, may elect one representative; Lewiston and Wales, one; St. George, Cushing and Friendship, one; Hope and Appleton Ridge, one; Jefferson, Putnam and Patricktown plantation, one; Alna and Whitefield, one; Montville, Palermo and Montville plantation, one; Woolwich and Dresden, one; and each remaining town one. COUNTY OF HANCOCK. The town of Bucksport may elect one Hancock. representative; Deer Island, one; Castine and Brooksville, one; Orland and Penobscot, one; Mt. Desert and Eden, one; Vinalhaven and Islesborough, one; Sedgwick and Bluehill, one; Gouldsborough, Sullivan and plantations No. 8 and 9 north of Sullivan, one; Surry, Ellsworth, Trenton and plantation of Mariaville, one; Lincolnville, Searsmont and Belmont, one; Belfast and Northport, one; Prospect and Swanville, one; Frankfort and Monroe, one; Knox, Brooks, Jackson and Thorndike, one. COUNTY OF WASHINGTON. The towns of Steuben, Cherryfield Washington. and Harrington, may elect one representative; Addison, Columbia and Jonesborough, one; Machias, one; Lubec, Dennysville, plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robbinston, Calais, plantations No. 3, No. 6, No. 7, No. 15, and No. 16, one. COUNTY OF KENNEBEC. The towns of Belgrade and Dearborn Kennebec. may elect one representative; Chesterville, Vienna and Rome, one; Wayne and Fayette, one; Temple and Wilton, one; Winslow and China, one; Fairfax and Freedom, one; Unity, Joy and twenty five mile pond plantation, one; Harlem and Malta, one; and each remaining town one. COUNTY OF OXFORD. The towns of Dixfield, Mexico, Weld Oxford. and plantations No. 1 and 4, may elect one representative; Jay and Hartford, one; Livermore, one; Rumford, East Andover and plantations Nos. 7 and 8, one; Turner, one; Woodstock, Paris and Greenwood, one; Hebron and Norway, one; Gilead, Bethel, Newry, Albany and Howard's Gore, one; Porter, Hiram and Brownfield, one; Waterford, Sweden and Lovell, one; Denmark, Fryeburg, and Fryeburg addition, one; Buckfield and Sumner, one. COUNTY OF SOMERSET. The town of Fairfield may elect one representative; Norridgewock and Bloomfield, one; Starks and Mercer, one; Industry, Strong and New Vineyard, one; Avon, Phillips, Freeman and Kingfield, one; Anson, New Portland, Embden and plantation No. 1, one; Canaan, Warsaw, Palmyra, St. Albans and Corinna, one; Madison, Solon, Bingham, Moscow and Northhill, one; Cornville, Athens, Harmony, Ripley and War renstown, one. Somerset. COUNTY OF PENOBSCOT. The towns of Hampden and Newburg Penobscot. may elect one representative; Orrington, Brewer and Eddington and plantations adjacent on the east side of Penobscot river, one; Bangor, Orono and Sunkhaze plantation, one; Dixmont, Newport, Carmel, Hermon, Stetson, and plantation No. 4, in the 6th range, one; Levant, Corinth, Exeter, New Charlestown, Blakesburg, plantation No. 1 in 3d range, and plantation No. 1 in 4th range, Powers and du ties of secretary in relation to the votes. one; Dexter, Garland, Guilford, Sangerville, and plantation No. 3, in sixth range, one; Atkinson, Sebec, Foxcroft, Brownville, Williamsburg, plantation No. 1, in 7th range, and plantation No. 3, in 7th range, one. And the secretary of state pro tempore shall have the same of state pro tem. powers, and be subject to the same duties, in relation to the votes for governor, as the secretary of state has, and is subject to, by this constitution; and the election of governor shall, on the said last Wednesday in May, be determined and declared, in the same manner, as other elections of governor are by this constitution; and in case of vacancy in said office, the president of the senate, and speaker of the house of representatives, shall exercise the office, as herein otherwise provided, and the counsellors, secretary and treasurer, shall also be elected on said day, and have the same powers, and be subject to the same duties, as is provided in this constitution; and in case of the death or other disqualification of the president of this convention, or of the secretary of state pro tempore, before the election and qualification of the governor or secretary of state under this constitution, the persons to be designated by this convention at their session in January next, shall have all the powers and perform all the duties, which the president of this convention, or the secretary pro tempore, to be by them appointed, shall have and perform. Duration of the SECT. 2. The period for which the governor, senators and repfirst legislature. resentatives, counsellors, secretary and treasurer, first elected or appointed, are to serve in their respective offices and places, shall commence on the last Wednesday in May, in the year of our Lord one thousand eight hundred and twenty, and continue until the first Wednesday of January, in the year of our Lord one thousand eight hundred and twenty two. Laws now in force continue until repealed. Constitution how to be amended. SECT. 3. All laws now in force in this state, and not repugnant to this constitution, shall remain, and be in force, until altered or repealed by the legislature, or shall expire by their own limitation. SECT. 4. The legislature, whenever two thirds of both houses shall deem it necessary, may propose amendments to this constitu tion; and when any amendments shall be so agreed upon, a resolution shall be passed and sent to the selectmen of the several towns, and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at their next annual meetings in the month of September, to give in their votes on the question, whether such amendment shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this constitution. to continue to ces. SECT. 5. All officers provided for in the sixth section of an act Persons in office of the Commonwealth of Massachusetts, passed on the nineteenth hold their offiday of June, in the year of our Lord one thousand eight hundred and nineteen, entitled "an act relating to the separation of the district of Maine from Massachusetts proper, and forming the same into a separate and independent state," shall continue in office as therein provided; and the following provisions of said act shall be a part of this constitution, subject however to be modified or annulled as therein is prescribed, and not otherwise, to wit: Massachusetts "Sect. 1. Whereas it has been represented to this legislature, Part of a law of that a majority of the people of the district of Maine are desirous made a part of of establishing a separate and independent government within said the constitudistrict: therefore, "Be it enacted by the senate and house of representatives in general court assembled, and by the authority of the same, That the consent of this commonwealth be, and the same is hereby given, that the district of Maine may be formed and erected into a separate and independent state, if the people of the said district shall in the manner, and by the majority hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions: and provided the congress of the United States shall give its consent thereto, before the fourth day of March next: which terms and conditions are as follows, viz. "First. All the lands and buildings belonging to the commonwealth, within Massachusetts proper, shall continue to belong to said commonwealth, and all the lands belonging to the commonwealth, within the district of Maine, shall belong, the one half thereof to the said commonwealth, and the other half thereof, to the state to be formed within the said district, to be divided as is hereinafter mentioned; and the lands within the said district, which shall belong to the said commonwealth, shall be free from taxation, while the title to the said lands remains in the commonwealth; and the rights of the commonwealth to their lands, within said district, and the remedies for the recovery thereof, shall continue the same, within the proposed state, and in the courts thereof, as they now are within the said commonwealth, and in the courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said commonwealth shall be entitled to all other proper and legal remedies, and may appear in the courts of the proposed state and in the courts of the United States, holden therein; and all rights of action for, or entry into lands, and of actions upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this commonwealth, to be enforced, commuted, released, or oth tion. 9 Greenl. 83. |