ARTICLE IX. GENERAL PROVISIONS. SEC. 1. Every person elected or appointed to either of the places or offices provided in this constitution, and every person elected, appointed, or commissioned to any judicial, executive, military or other office under this state, shall, before he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation: "I do swear, that I will support the constitution of the United States and of this state, so long as I shall continue a citizen thereof. So help me God." "I on me as do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent according to the constitution and the laws of the state. So help me God." Provided, that an affirmation in the above forms may be substituted, when the person shall be conscientiously scrupulous of taking and subscribing an oath. The oaths or affirmations shall be taken and subscribed by the governor and counsellors before the presiding officer of the senate, in the presence of both houses of the legislature, and by the senators and representatives before the governor and council, and by the residue of said officers before such persons as shall be prescribed by the legislature; and whenever the governor or any counsellor shall not be able to attend during the session of the legislature to take and subscribe said oaths or affirmations, such oaths or affirmations may be taken and subscribed in the recess of the legislature before any justice of the supreme judicial court: provided, that the senators and representatives, first elected under this constitution, shall take and subscribe such oaths or affirmations before the president of the convention. Sec. 2. No person holding the office of justice of the Supreme judicial court, or of any inferior court, attorney general, county attorney, treasurer of the state, adjutant general, judge of probate, register of probate, register of deeds, sheriff's 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. SEC. 3. All commissions shall be in the name of the state, signed by the governor, attested by the secretary or his deputy, and have the seal of the state thereunto affixed. SEC. 4. And in case the elections, required by this constitution on the first Wednesday of January annually; by the two houses of the legislature shall not be completed on that day, the same may be adjourned from day to day, until completed, in the following order: the va cancies 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. SEC. 5. Every person holding any civil office under this state, may be removed by impeachment, for misdemeanor in office; and every person holding any office, may be removed by the governor, 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. SEC. 6. The tenure of all offices, which are not or shall not be otherwise provided for, shall be during the pleasure of the governor and council. EC. 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years. SEC. 8. All taxes upon real estate, assessed by authority of this state, shall be apportioned and assessed equally, according to the just value thereof. ARTICLE X. SCHEDULE. SEC. 1. The first legislature shall meet on the last Wednesday in May next. The elections on the second Monday in September 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 in April, in the year of our Lord one thousand eight hundred and 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 list 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 ap pear 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 herein provided: and the senators to be elected on the said first Monday of April, shall be apportioned as follows: The county of York shall elect three. The county of Cumberland shall elect three. The county of Hancock shall elect two. The county of Washington shall elect one. The county of Penobscot shall elect one. And the members of the house of representatives shall be elected, 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: 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 representative; Deer Island, one; Castine and Brooksville, one; Orland and Penobscot, one; Mt. Desert and Eden, one; Vinalhaven and Islesborough, one; Sedgwick and Bluchill, 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 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 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 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 Warrenstown, one. County of Penobscot. The towns of Hampden and Newburg may elect one representative; Orrington, Brewer and Eddington and plantations adjacent on the east side of Penobscot river, one; Bangor, Orono, and Sunk |