L

^

GENERAL ACTS

PASSED BY THE

^vmA dfaurl of JUassathtisdts,

IN THE YEAR

1918,

TOGETHEK WITH

THE CONSTITUTION, LIST OF THE OFFICERS OF THE

CIVIL GOVERNMENT, TABLES SHOWING CHANGES

IN THE GENERAL STATUTES, ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

BOSTON:

WEIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 DERNE STREET.

1918.

A CONSTITUTION

FORM OF GOVERNMENT

®I|p Olnmmntmipaltlj of i^aBBarlfua^tta

PREAMBLE.

The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body ^°^®''''™^'* • politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tran- quillity their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take meas- ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body politic, of individuals: it is a social compact, by which the whole itTnatu™^ ' people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to pro- vide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them.

We, therefore, the people of Massachusetts, acknowl- edging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peace- ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact with eacli other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain, and establish, the follov/ing Declaration of Rights, and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.

Efjuality and nnturul rights of ull men.

Right and duty

of pviblio roli-

giouM worship.

ProtcM'tion

tiioroiii.

2 Cush. 101.

12 Alien, 121).

Soo nmoiifl-

iiiciits, Art.

XLVI.

Amendmonta, Art. XI. siihsti- tutod for tiiis.

Lcgislatnro I'inpowcrod to compel provi- sion for public vvorsliip.

PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.

Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defend- ing their lives and liberties; that of acquiring, possess- ing, and protecting property; in fine, that of seeking and obtaining their safety and hap])iness.

II. It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship- ping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious pro- fession of sentiments; provided he doth not disturb the I)ublic peace, or obstruct otliers in their religious worship.

III. [As the Jiappiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality; and as these cannot be generally diffused tlirough a community but by the institution of the public worship of God, and of public instructions in piety, religion, and morality: Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and tlie legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the supi)ort and maintenance of public Protestant teachers

COMMONWEALTH. OF MASSACHUSETTS. 5

of piety, religion, and morality. In all cases where such provision shall not be made voluntarily.

And the people of this commonwealth have also a right Legislature to, and do, invest their legislature with authority to enjoin attendance upon all the subjects an attendance upon the instructions '^'^°°'*' of the public teachers aforesaid, at stated times and sea- sons, if there be any on whose instructions they can con- scientiously and conveniently attend.

Provided, notwithstanding, that the several towns, par- Exclusive right ishes, precincts, and other bodies politic, or religious socie- gious teachers ties, shall, at all times, Jiave the exclusive right of electing ^°^^^^ ' their public teachers, and of contracting with them for their support and maintenance.

And all moneys paid by the subject to the support of Option as to public worship, and of the public teachers aforesaid, shall, taxes may be if he require it, be uniformly applied to the support of the eta ' "° '^^' public teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised.

And every denomination of Christians, demeaning them- ah denomina- selves peaceably, and as good subjects of the common- protected. wealth, shall be equally under the protection of the law: lubordlnation and no subordination of any one sect or denomination to anot'her'l^ro^ another shall ever be established by law.l wbited.

IV. The people of this commonwealth have the sole Right of self

,!..,,» • .1 1 I government

and exclusive right or governing themselves, as a tree, secured. sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.

V. All power residing originally in the people, and ^i"^^^^^^^^ being derived from them, the several magistrates and ©to. officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes

and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men, services ren- have any other title to obtain advantages, or particular pubifc^be^ing and exclusive privileges, distinct from those of the com- *''° °,?'y *'t'e. to

'^ '^ . . . peculiar pnvi-

munity, than what arises from the consideration of serv- leges, heredi-

, , , ,,. II- 'ii' • tary offices are

ices rendered to the public; and this title being m absurd and nature neither hereditary, nor transmissible to children, """^

CONSTITUTION OF THE

Objects of gov- ernment; right of people to institute and change it.

Right of people to secure rota- tion in office.

All, having the qualifications prescribed, equally eligible to office. For the definition of "inhabitant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative. Taxation founded on consent. 16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 12 Pick. 184,467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 154. 1 Allen, 150. 4 Allen, 474. Private prop- erty not to be taken for public uses without, etc.

See amend- ments, Arts. XXXIX and XLVII.

Remedies, by recourse to the law, to be free, complete and prompt.

or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.

VII. Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore the people alone have an incontestable, unalienable, and inde- feasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and ap- pointments.

IX. All elections ought to be free; and all the inhab- itants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public

employments. See amendments. Art. XLV. 122 Mass. 595, 596.

X. Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, con- sequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any indi- vidual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the repre- sentative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And whenever the pub- lic exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.

6 Cush. 327. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441.

14 Gray, 155. 16 Gray, 417, 431. 1 Allen, 150. 11 Allen, 530.

100 Mass. 544, 560. 103 Mass. 120, 624. 106 Mass. 356, 362.

Ill Mass. 130.

113 Mass. 45.

116 Mass. 463.

127 Mass. 50, 52,

358, 363, 410, 413. 129 Mass. 559.

XI. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and

COMMONWEALTH OF MASSACHUSETTS. 7

justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and with- out delay; conformably to the laws.

XII. No subject shall be held to answer for any crimes Prosecutions or offence, until the same is fully and plainly, substantially 8^p"ck*'2ii. and formally, described to him; or be compelled to accuse, Jg pick' 434 or furnish evidence against himself. And every subject ^^■J^'^h^P- shall have a right to produce all proofs that may be favor- 12 Cush. 246. able to him; to meet the witnesses against him face to face, 5 oily', m. and to be fully heard in his defence by himself, or his lo^Grayfii! counsel, at his election. And no subject shall be arrested, 2 AUerf'sef' imprisoned, despoiled, or deprived of his property, immu- lL^26t'Iii~ nities, or privileges, put out of the protection of the law, 473! exiled, or deprived of his life, liberty, or estate, but by the 97MaI°.'57o,' judgment of his peers, or the law of the land. ^^^'

100 Mass. 287, 295. 108 Mass. 5, 6. 122 Mass. 332. • 127 Mass. 550, 554. 103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559. 107 Mass. 172, 180. 120 Mass. 118, 120.

And the legislature shall not make any law that shall ^'^?^^^*° *"*^ subject any person to a capital or infamous punishment, criminal cases, excepting for the government of the army and navy, with- rGray,*329, out trial by jury.^ ^ ^ ^ losMass. 4i8.

Xni. In criminal prosecutions, the verification of facts. Crimes to be in the vicinity where they happen, is one of the greatest vicinity. securities of the life, liberty, and property of the citizen. 121 Mass. ei, 62.

XIV. Every subject has a right to be secure from all ^^^}^^ p^ search

.. , .. i>i. 1. S''!*^ seizure

unreasonable searches, and seizures, or his person, his regulated. houses, his papers, and all his possessions. All warrants, Amend't iv. " therefore, are contrary to this right, if the cause or f ounda- 5 cusii^m tion of them be not previously supported by oath or afiir- }3*Gray^454 mation, and if the order in the warrant to a civil officer, JoAy®"^' ^ill-

' , . , Moo Mass. 136,

to make search in suspected places, or to arrest one or 139.

, J ± • li ' X 1, J. 126 Mass. 269,

more suspected, persons, or to seize their property, be not 273. accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities pre- scribed by the laws.

XV. In all controversies concerning property, and in Right to trial all suits between two or more persons, except in cases in el^iiS,^etc°'^^ ' which it has heretofore been otherways used and practised, Amlnd°t vii.^" the parties have a right to a trial by jury; and this method 7 pj°^' Hf

of procedure shall be held sacred, unless, in causes arising s gray, 144. on the high seas, and such as relate to mariners' wages, 11 Alien, 574, the legislature shall hereafter find it necessary to alter it. io2'Mas3. 45, 47,

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.

CONSTITUTION OF THE

Liberty of the press.

Right to keep and bear arms. Standing armies dangerous. Military power subordinate to civil. 5 Gray, 121.

Moral qualifica- tions for office.

Moral obliga- tions of law- givers and magistrates.

Right of people to instruct rep- resentatives and petition legislature.

Power to sus- pend the laws or their execu- tion.

Freedom of de- bate, etc.. and reason thereof.

Frequent ses- sions, and ob- jects thereof.

Taxation founded on consent. 8 Allen, 247.

XVI. The liberty of the press is essential to the secu- rity of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.

XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subor- dination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, indus- try, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular atten- tion to all those principles, in the choice of their officers and representatives: and they have a right to require of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws neces- sary for the good administration of the commonwealth.

XIX. The people have a right, in an orderly and peace- able manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

XX. The power of suspending the laws, or the execu- tion of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exer- cised in such particular cases only as the legislature shall expressly provide for.

XXI. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.

XXII. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require.

XXIII. No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.

COMMONWEALTH OF MASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before f wfprohibited. the existence of such laws, and which have not been de- 42/l2T'434'' clared crimes by preceding laws, are unjust, oppressive,

and inconsistent with the fundamental principles of a free government.

XXV. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felony by the legis- t^eason'et".' lature.

XXVI. No magistrate or court of law shall demand Excessive bail

. . . „ . „. or fines, and

excessive bail or sureties, impose excessive fines, or inflict cruel punish- cruel or unusual punishments. 5 Gray, 482. hibuld.^'^"'

XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner; and ^ny^o'use'" in time of war, such quarters ought not to be made but "°'^®^' ^'''• by the civil magistrate, in a manner ordained by the legis- lature.

XXVIII. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tLi, unL^ eTc. except those employed in the army or navy, and except

the militia in actual service, but by authority of the legis- lature.

XXIX. It is essential to the preservation of the rights Judges of su- of every individual, his life, liberty, property, and charac- cou™!'^" "''^ ter, that there be an impartial interpretation of the laws, f Gmy,*472. and administration of justice. It is the right of every 7 ^}}g"' 335- citizen to be tried by judges as free, impartial, and inde- lo^ Uasa. 219, pendent as the lot of humanity will admit. It is, therefore. Tenure of their not only the best policy, but for the security of the rights °

of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing salaries. laws.

XXX. In the government of this commonwealth, the Separation of legislative department shall never exercise the executive ciai, and iegis-" and judicial powers, or either of them: the executive shall mentl *'^^'^*' never exercise the legislative and judicial powers, or either I AUm, m'

of them: the judicial shall never exercise the legislative ?„^"?"' 2*7. 253.

. . , CI 1 1 • ^^^ Mass. 282,

and executive powers, or either of them: to the end it 286.

1 . n 1 I.J? 114 Mass. 247,

may be a government 01 laws and not or men. 249.

116 Mass. 317. 129 Mass. 559.

10

CONSTITUTION OF THE

Title of bodjr politic.

PART THE SECOND.

The Frame of Government.

The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts.

Legislative department.

For change of time, etc., see amendments, Art. X.

Governor's

veto.

99 Mass. 636.

Bill may be passed by two- thirds of each house, not- withstanding.

CHAPTER I;

THE LEGISLATIVE POWER.

Section I. Tlie General Court.

Article I. The department of legislation shall be formed by two branches, a Senate and House of Represent- atives; each of which shall have a negative on the other.

The legislative body shall assemble every year [on the last Wednesday in ]\Iay, and at such other times as they shall judge necessary; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May;] and shall be styled, The General Court of Massachusetts.

11. No bill or resolve of the senate or house of repre- sentatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve. But if after such reconsideration, two-thirds of the said senate or house of representatives, shall, notwith- standing the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsid- ered, and if approved by two-thirds of the members pres- ent, shall have the force of a law: but in all such cases.

COMMONWEALTH OF MASSACHUSETTS. 11

the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth.

And in order to prevent unnecessary delays, if any bill S^c^e^of ad- or resolve shall not be returned by the governor within ih^^g'nerai"^ five days after it shall have been presented, the same shall court within

1 , p p 1 the five days,

have the force OI a law. 3 Mass. 567. see amend-

Ill. The general court shall forever have full power Qg^emi court and authority to erect and constitute judicatories and pay constitute courts of record, or other courts, to be held in the name courts of rec- of the commonwealth, for the hearing, trying, and deter- Tdrly,'!. mining of all manner of crimes, offences, pleas, processes, 154^^'^^' ^^^' plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same: whether the same be criminal or civil, or whether the said crimes be capital or not capital, and w^hether the said pleas be real, personal, or mixed; and for the awarding and making out of 'execution thereupon. To which courts and iudicatories are hereby given and Courts, etc.,

, „ , , -•' , . „ . ^ . may administer

granted lull power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

IV. And further, full power and authority are hereby General court

1 J. 1 J. xi * 1 1 J. "p j^' j_ may enact laws,

given and granted to the said general court, from time to etc. time to make, ordain, and establish, all manner of whole- 4 iYien', 473'. some and reasonable orders, laws, statutes, and ordinances, 237^"''°' ^^^' directions and instructions, either with penalties or w^th- 1^0 Mass. 544, out; so as the same be not repugnant or contrary to this iie'Mass. 467, constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government iaws%t!f,^not and ordering thereof, and of the subjects of the same, and [he^constitu- for the necessary support and defence of the government ^'^|j ^ thereof ; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers or'appointmen't within the said commonwealth, the election and consti- ?[K°?i^'""®«n,

p . 1 . n p 11^ Mass. 602.

tution of whom are not hereafter in this form of govern- ment otherwise provided for; and to set forth the several ^^may prescribe duties, powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and

their duties.

12

CONSTITUTION OF THE

General coiirt may impose taxes, etc. See Amendments, Art. XLI and Art. XLIV. 12 Mass. 252.

5 Allen, 428.

6 Allen, 558.

8 Allen, 247, 253.

10 Allen, 235.

11 Allen, 268.

12 Allen, 77, 223, 235, 238, 240, 298, 300, 312,313,500,612. 98 Mass. 19.

100 Mass. 285.

101 Mass. 575, 585

103' Mass. 267. 114 Mass. 388, 391.

116 Mass. 461. 118 Mass. 386, 389.

123 Mass. 493, 495

127"Mass. 413. may impose taxes, etc., to be disposed of for defence, protection, etc. 8 Allen, 247, 256.

Valuation of estates once in ten years, at least, while, etc. 8 Allen, 247. 126 Mass. 547.

places, so as the same be not repugnant or contrary to this constitution; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and sup- 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.

For the state wide referendum on bills and resolves of the general court, see amendments, Art. XLII.

For the power given the general court to provide by law for absentee voting, see amend- ments. Art. XLV.

For the power given the general court to determine the manner of providing and dis- tributing the necessaries of life, etc., during time of war, public distress, etc., by the commonwealth and the cities and towns therein, see amendments, Art. XLVIl.

CHAPTER I

Senate, number of, and by whom elected. Superseded by amendments, Art. XIII., which was also superseded by amendments, Art. XXII.

Section II.

Senate.

Article I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, 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

COMMONWEALTH OF MASSACHUSEITS. 13

general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts; and timely make known to the inhabitants of the common- For provision as

I'pii'- 11 1 p councillors,

wealth the limits of each district, and the number oi coun- see amend- cillors and senators to be chosen therein; provided, that xvi. ' the number of such districts shall never be less than thir- teen; and that no district be so large as to entitle the same to choose more than six senators.

And the several counties in this commonwealth shall, bounties to be

Ml 1 i 1 11 1 i • •, J districts, until,

until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that pur- pose) 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.l

11. The senate shall be the first branch of the legisla- Manner and

11 1 11 1 1 • 1 1- 11 • time of choosing

ture; and the senators shall be chosen m the i olio wing man- senators and ner, viz.: there shall be a meeting on the [first IMonday in amendments, ^^ April,] annually, forever, of the inhabitants of each town an^x^V^^s in the several counties of this commonwealth; to be called ^enlments by the selectmen, and warned in due course of law, at -^^t. ii. least seven days before the [first Monday in April,] for qualifications of

,1 s ^ ^- X i, "^ J. 1 voters, super-

the purpose oi electing persons to be senators and coun- seded by cillors; [and at such meetings every male inhabitant of Artrmrxx., twenty-one years of age and upwards, having a freehold xxF^^xxxi estate within the commonwealth, of the annual income of f^^^ ^)f^}\ .

, , 1? 1 1 i« • VVord inhabit-

three pounds, or any estate or the value oi sixty pounds, ant" defined. shall have a right to give in his vote for the senators for kmend^ents, the district of which he is an inhabitant.] And to remove wWch^was^ ' all doubts concerning the meaning of the word "inhabit- A^t^xxvi' ant" in this constitution, every person shall be considered jl,^**^' ^L^ as an inhabitant, for the purpose of electing and being 597. elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home.

The selectmen of the several towns shall preside at Selectmen to

■1 .. . .,, 1111 • 1 a preside at town

such meetings impartially; and shall receive the votes or meetings. all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in

14

CONSTITUTION OF THE

Return of votes.

As to cities, see amendments, Art. II.

Time chanEed to first Wednes- day of January. See amend- ments, Art. X.

Inhabitants of unincorporated plantations, who pay state taxes, may vote.

Plantation meetings. Time of elec- tion changed by amend- ments. Art. XV.

Assessors to notify, etc.

Governor and council to ex- amine and count votes, and issue summonses. Time changed to first

Wednesday in January by

open town meeting, and in presence of the town clerk, who shall make a fair record, in presence of the select- men, 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 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 Wednes- day in May] annually; or it shall be delivered into the secretary's office seventeen days at least before the said [last Wednesday in ]\Iay:] 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 W^ednesday in ]\Iay.]

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meet- ings for that purpose shall be held annually [on the same first Monday in April], at such place in the plantations, respectively, as the assessors thereof shall direct; which assessors shall have like authority for notifying the elec- tors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this con- stitution. And all other persons living in places unincor- porated (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.

III. And that there may be a due convention of sena- tors on the [last Wednesday in May] annually, the gov- ernor with five 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 day he shall issue his summons to such persons as shall appear to be

COMMONWEALTH OF MASSACHUSETTS. 15

chosen by [a majority of] voters, to attend on that day, ainendments, and take their seats accordingly: provided, nevertheless, ^|,^°'^|.^/jj, that for the first year the said returned copies shall be plurality by examined by the president and five of the council of the Art^"xiv" ^' 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 elec- Senate to be tions, returns and qualifications of their own members, as elections, etc, pointed out in the constitution; and shall, [on the said membera! last Wednesday in May] annually, determine and declare ^ first'^^"^*"^ who are elected by each district to be senators fby a Wednesday of

» 1 . , 111 January by

majority or votes; and in case there shall not appear to amendments, be the full number of senators returned elected by a Majority majority of votes for any district, the deficiency shall be plurality *by supplied in the following manner, viz.: The members of l"t!"xiv."*^^' 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 for ; and out of these shall elect by ballot a number of vacancies, how senators sufficient to fill up the vacancies in such district; changed to and in this manner all such vacancies shall be filled up in p^pie" ^ every district of the commonwealth; and in like manner ment^Art" all vacancies in the senate, arising by death, removal out ^xiv. of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Property quai- in his own right of a freehold, within this commonwealth, ished!°"

of the value of three hundred pounds at least, or possessed ment^Trt" of personal estate to the value of six hundred pounds at pj/f^rther least, or of both to the amount of the same sum, and] who provision as to has not been an inhabitant of this commonwealth for the aiso amend- space of five years immediately preceding his election, and, xxif.' 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, Senate not to provided such adjournments do not exceed two days at a than two days. time.

VII. The senate shall choose its own president, ap- ., ^^^' *'''°°s®

. . ^ IB its officers and

point its own oflBcers, and determine its own rules of establish its proceedings.

16

CONSTITUTION OF THE

fh^*fryaii VIII. The Senate shall be a court with full authority

impeachments, ^q hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administra- tion 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 charge in question, according to evidence. Their judg- 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. Quorum. See IX. [Not Icss than sixtccn members of the senate shall

amendments, , ^ p i • i • t

Arts XXII constitute a quorum for doing business.]

Oath.

Limitation of sentence.

CHAPTER I.

Representation of the people.

Representa- tives, by whom chosen.

Superseded by amendments, Arts. XII. and XIII., which were also superseded by amendments, Art. XXI. 7 Mass. 523.

Proviso as to towns having less than 150 ratable polls.

Section III. House of Representatives.

Article I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality,

II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the prin- ciple of equality, every corporate town containing one hundred and fifty ratable polls may elect one represent- ative; every corporate town containing three hundred and seventy-five ratable polls may elect two representa- tives; 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 incor- porated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.]

COMMONWEALTH OF MASSACHUSETTS. 17

And the house of representatives shall have power from Towns liable time to time to impose fines upon such towns as shall etc. neglect to choose and return members to the same, agree- ably to this constitution.

[The expenses of travelling to the general assembly, and Expenses of

, . 1 . . , 111 travelling to

returning home, once in every session, and no more, shall and from the be paid by the government, out of the public treasury, to how'^aid!"'*' every member who shall attend as seasonably as he can, in An'x'xxv the judgment of the house, and does not depart without leave.]

ni. Every member of the house of representatives Qualifications shall be chosen by written votes; [and, for one year at sen'tative!" least next preceding his election, shall have been an inhab- ^^^ fesWonce. itant of, and have been seised in his own right of a free- ^'^gntrArt' hold of the value of one hundred pounds within the town xxi. ' he shall be chosen to represent, or any ratable estate to jfications aboi- the value of two hundred pounds; and he shall cease to amendments. represent the said town immediately on his ceasing to be ^''*' ^^^^' qualified as aforesaid.]

IV. [Every male person, being twenty-one years of Qualifications age, and resident in any particular town in this common- These provi-

1,1 p .1 i> J. 1 • 1 • sions super-

wealth tor the space or one year next preceding, having a seded by

freehold estate within the said town of the annual income A?trmrxx.,

of three pounds, or any estate of the value of sixty pounds, xxx^^xxxi

shall have a right to vote in the choice of a representative ^rv"^^' ^^^

or representatives for the said town.]

See also amendments, Art. XXIII., which was annulled by Art. XXVI.

V. [The members of the house of representatives shall Representa-

11 ii'i ir>T\T 1 1 tives, when

be chosen annually in the month oi May, ten days at least chosen. before the last Wednesday of that month.]

Time of election changed by amendments, Art. X., and changed again by amendments,

Art. XV.

VL The house of representatives shall be the grand House aione

P 1 . ,1 111' 1 *'''" impeach.

inquest oi this commonwealth; and all impeachments made by them shall be heard and tried by the senate.

Vn. All money bills shall originate in the house of House to origi-

... 1 , J 1 , nate all money

representatives; but the senate may propose or concur biUs. with amendments, as on other bills.

Vni. The house of representatives shall have power Not to adjourn to adjourn themselves; provided such adjournment shall dTys^/^^" *'"' not exceed two days at a time.

IX. [Not less than sixty members of the house of Quorum. See

,,• 111 i*j_'j_ p !• 1. amendments,

representatives shall constitute a quorum tor doing busi- Arts. xxi. ness.l :^'"^ xxxiii.

18

CONSTITUTION OF THE

To judge of returns, etc., of its own mem- bers; to choose its officers