port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order. For the authority of the general court to charter cities, see amendments, Art. II. Senate, number of, and by whom elected. amendments, Art. XIII., which was also superseded by amendments, Art. XXII. CHAPTER I. SECTION II. ARTICLE I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, Superseded by qualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election; to be chosen by the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose: and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the common wealth the limits of each district, and the number of councillors and senators to be chosen therein; provided, that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators. For provision as Counties to be districts, until, etc. And the several counties in this commonwealth shall, until the general court shall determine it necessary to alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that purpose) and shall elect the following number for councillors and senators, viz. :- Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] time of choosing Manner and senators and councillors. changed by Art. X., and changed again by amendments, As to cities, see Time of election amendments, Art. II. Art. XV. amendments, These provisions as to the voters, superments, Arts. XXVIII. qualifications of II. The senate shall be the first branch of the legislature; and the senators shall be chosen in the following manner, viz. there shall be a meeting on the [first Monday in April,] annually, forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law, at least seven days before the [first Monday in April,] for the purpose of electing persons to be senators and councillors; [and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant.] And to remove all doubts concerning the meaning of the word "inhabitant" in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath 597. his home. seded by amendIII., XX. and Word "inhabitant" defined. See also amend ments, Art. was annulled by 122 Mass. 595, meetings. are.. amendments, The selectmen of the several towns shall preside at Selectmen to such meetings impartially; and shall receive the votes preside at town of all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, Return of votes who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name and a fair copy of this record shall be attested by As to cities, see the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday Time changed in May] annually; or it shall be delivered into the secre- day of January. tary's office seventeen days at least before the said [last See amend Wednesday in May:] and the sheriff of each county shall deliver all such certificates by him received, into the secretary's office, seventeen days before the said [last Wednesday in May.] to first Wednes ments, Art. X. plantations, And the inhabitants of plantations unincorporated, Inhabitants of qualified as this constitution provides, who are or shall unincorporated be empowered and required to assess taxes upon them- who pay state selves toward the support of government, shall have taxes, may vote. the same privilege of voting for councillors and senators Plantation meetings. Time of elec tion changed by amend Assessors to notify, etc. in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held annually [on the same first Monday in April], at such place in the plantations, ments, Art. XV. respectively, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly. Governor and council to ex amine and count votes, and issue summonses. III. And that there may be a due convention of senators on the [last Wednesday in May] annually, the governor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such day in January records; and fourteen days before the said day he shall by amendments, issue his summons to such persons as shall appear to be Time changed to first Wednes Art. X. Majority changed to plurality by amendments, Art. XIV. Senate to be Time changed Art. X. Majority changed to plurality by amendments, Art. XIV. chosen by [a majority of] voters, to attend on that day, and take their seats accordingly: provided, nevertheless, that for the first year the said returned copies shall be examined by the president and five of the council of the former constitution of government; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid. IV. The senate shall be the final judge of the elections, returns and qualifications of their own members, as pointed out in the constitution; and shall, [on the said last Wednesday in May] annually, determine and declare who are elected by each district to be senators [by a by amendments, majority of votes; and in case there shall not appear to be the full number of senators returned 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 such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted Vacancies, how for; and out of these shall elect by ballot a number of senators sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled up in filled. Changed to election by See amend. every district of the commonwealth; and in like manner people. all vacancies in the senate, arising by death, removal out ments, Art. of the state, or otherwise, shall be supplied as soon as may XXIV. be, after such vacancies shall happen.] Property quali. ished. senator. fication abol See amend XIII. ments, Art. V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, [who is not seised in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. VI. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time. residence, see also amend ments, Art. XXII. Senate not to than two days adjourn more shall choose its officers and establish its shall try all VII. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. VIII. The senate shall be a court with full authority rules. to hear and determine all impeachments made by the impeachments. house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices. But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the Oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this commonwealth but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. sentence. IX. Not less than sixteen members of the senate shall Quorum. constitute a quorum for doing business. For further pro visions, see amendments, Art. XXII. CHAPTER I. SECTION III. House of Representatives. ARTICLE I. There shall be, in the legislature of this Representation commonwealth, a representation of the people, annually of the people. elected, and founded upon the principle of equality. Qualifications of a representative. as to residence. See amendments, Art. XXI. II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the principle of equality, every corporate town containing one hundred and fifty ratable polls may elect one represen tative; every corporate town containing three hundred and seventy-five ratable polls may elect two representatives; every corporate town containing six hundred ratable polls may elect three representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative. Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.] And the house of representatives shall have power from time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution. The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave. III. Every member of the house of representatives shall be chosen by written votes; [and, for one year at New provision least next preceding his election, shall have been an inhabitant of, and have been seised in his own right of a freehold of the value of one hundred pounds within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.] Property quali. ished by amend fications abol ments, Art. XIII. Qualifications of a voter. These provisions superseded by amendments, Arts. III., XX. and XXVIII. See also amend. ments, Art. XXIII., which IV. [Every male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate within the same town of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative was annulled by or representatives for the said town.] Art. XXVI. tives, when V. [The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month.] Time of election changed by amendments, Art. X., and changed again by amendments, |