\
Jr%*^
J
ACTS
RESOLVES
PASSED BY THE
General dfourt of Uflasjiarluispttj)
IX THE YEAR
1891,
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,
LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING
CHANGES IN THE STATUTES, CHANGES OF
NAMES OF PERSONS, ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
No. 18 Post Ofi-ice Square.
1891.
A CONSTITUTION
FORM OF GOVERNMENT
Commontoealtlj of JHassacbusetts.
PREAMBLE.
The end of the institution, maintenance, and administra- objects ot tion of government, is to secure the existence of the body s°^°''"'"®'^ 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 BodypoiuiG of individuals ; it is a social compact, by which the whole lu^ature! ' 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 provide for an equitable mode of making laAvs, as well as for an impartial interpretation and a faithful execution of them ; that every man may, at all times, find his secu- rity in them.
We, therefore, the people of Massachusetts, acknowl- edaing, with grateful hearts, the o:oodness of the ffreat 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
COXSTITUTIOX OF THE
an original, explicit, and solemn compact with each 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 following Declaration of RigJits, and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the Commomcealth of Massachusetts.
Equality and Article I. All uicu ai'c bom free and equal, and have
natural rights of . , j-i i i-ii'i
all men. 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, possessing, and protecting property ; in fine, that of seeking and ob- taining their safety and happiness.
Right and duty jj, \i jg the right as Avell as the duty of all men in
of public reli- . itii i i-i
gious worship, society, publicly, and at stated seasons, to worship the therein .'*'° SuPREME Being, the great Creator and Preserver of the i2Aaen!i29. univcrsc. 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 public peace, or obstruct others in their religious Avorship. Art^°\™Bub9ti ^^^' ^^^ ^^^^ happiness of a people, and the good order tuted 'for this, aiid presei'vatioii of civil government, essentially de})end upon piety, religion, and morality ; and as these cannot be generally diffused through a community but hj the institution of the public Avorship of God, and of public Legislature era- instructious iu picty, relio^iou, and moralitv : Therefore,
powered to corn- ^ . ^ . ^ . ~ ' i" -
pel provision for to promote their happiness, and to secure the good order pu icvvors ip, ^^^ preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the 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 support 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 atrJndince'^"'" to, and do, invest their legislature with authority to enjoin i^eieon. 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- giourteac^herJ' ties, shall, at all times, have the exclusive right of electing ^'^'^"'■<^'*- their pul)lic teachers, and of contracting with them for their su}iport and maintenance.
And all moneys paid by the subject to the support of ^-{^om°iwochiai public worship, and of the public teachers aforesaid, shall, taxes may be
./•I . .J 1 -c 1 T 1 J ji i /» J - paid, unless, etc.
II he requn-e it, be umiormly applied to the support ot the 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- Aiidpnomina- selves peaceably, and as good subjects of the commonwealth, protectMh ^ shall be equally under the protection of the Vaw : and no li^oVdlnation suliordination of any one sect or denomination to another ofonesectto
y another pro-
shall ever be established by law.] hibited.
IV. The people of this commonwealth have the sole Right of seif- and exclusive right of governing themselves, as a free, f^cured"^" 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 oVau'ofifcers*^ being derived from them, the several magistrates and etc. 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 public being the and exclusive i)rivileges, distinct from those of the com- peluiia'Vrivi- nnmity, than what arises from the consideration of ser- '"^ecs. heredi- vices rendered to the public; and this title being in "^surdand nature neither hereditary, nor transmissible to children,
or descendants, or relations by blood, the idea of a man
CONSTITUTIOX OF THE
Objects of gov ernraent; 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 defini- tion of" inhabit- ant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative.
Taxation found- ed on consent. 16 Mass. 326. 1 Pick. 41S. 7 Pick. 344. 12 Pick. 184,467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 1-54. 1 All^n, 150. 4 Allen, 474. Private prop- erty not to be taken for public uses without, etc.
6 Cusb. 327. 14 Gray, 155. 10 Gray, 417, 431.
Remedies, by recourse to the law, to be free, complete and prompt.
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 incontestible, 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 appoint- ments.
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 . 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, Avhen 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 l)ody 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.
1 Allen, 150.
11 Allen, 630.
12 Allen, 223, 230. 100 Mass. 544, 510.
103 Mass. 120, 624. 106 Mass. 356, 362. 108 Mass. 202, 213. Ill Mass. 130.
113 Mass. 45. 116 Mass. 463. 126 Mass. 428, 441.
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 justice freely, and without being obliged to purchase it;
COMMONWEALTH OF MASSACHUSETTS. 7
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, rprck.Vi. and formally, described to him ; or be compelled to accuse, Is Pick.' Ik. or furnish evidence against himself. And every subject f^l^^^!t shall have a right to produce all proofs that may be f^.^j^J^y'^j-^^- favorable to him; to meet the witnesses agahist him face ^G^W'.ieo. to face, and to be fully heard in his defence by himself, loGray.h: or his counsel, at his election. And no subject shall be sA^/en^/gfi^' arrested, imprisoned, despoiled, or deprived of his prop- H^^^^i^xH' erty, immunities, or privileges, put out of the protection ^^31^,^^^^.^ of the law, exiled, or deprived of his life, liberty, or 97 Mass.'sTo,' estate, but by the judgment of his peers, or the law of 10b Mass. 28-,
the land. 103 Mass. 418.
107 Mass. 172, 180. ITS Mass. 443, 451. 122 Mass. 3.32. 127 Mass. 5.50, 554.
108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559.
And the legislature shall not make any law that shall ]^Vf ^^'^.^ri^l^l^i subject any person to a capital or infamous punishment, cases, except, excev)tint>- for the oovernment of the arnwand navy, with- s Gray, 329, 373.
i "^ . ^ 103 Mass. 418.
out trial by jury.
XIII. In criminal prosecutions, the verification of facts, c-imes to be in the vicinity where they happen, is one ot the great- vicinity.
est securities of the life, liberty, and property of the 121 Mass. ei, 62. citizen.
XIV. Every subject has a right to be secure from all f^fg*e?J,fr'e^'''^'' unreasonable searches, and seizures, of his person, his regulated
-,,,,. . .11 , Const, of U. b..
houses, his papers, and all his possessions. All warrants, Amend'tiv. therefore, are contrary to this right, if the cause or founda- 5 cwleo. tion of them be not previously supported by oath or affir- l^^^'/^^^i-^i^ mation, and if the order in the warrant to a civil officer, to ^^g^^'f^'^; fo^^; make search in suspected places, or to arrest one or more 139 ' " '
^ , !■ ,, . . ■, , 126 Mass. 269,
suspected persons, or to seize their property, be notaccom- 273. paniedwith 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 prescribed by the laws.
XV. In all controversies concerning property, and in ?;^|'^.*°r^7jj^f all suits between two or more persons, except in cases in cept, etc. ' which it has heretofore been otherways used and practised, AmendH vii.' the parties have a right to atrial by jury ; and this method ySfb^l'
of procedure shall be held sacred, unless, in causes arising '^ g;:;^^; ^i^; on the high seas, and such as relate to mariners' ^vages, 11 Aiien,674,
the legislature shall hereafter find it necessary to alter it. 102
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, ISS. 120 Mass, 320, 321. 123 Mass. 590, 593. 128 Mass. 600
577.
Mass. 45,
CONSTITUTION OF THE
Liberty of the press.
Right to keep and bear arms. Standing armief dangerouB. Mil itary power sub ordinate to civil 5 Gray, 121.
Moral qualifica- tions for ofiice.
Moral obliga- tions of lawgiv- ers and magis- trates.
Right of people to instruct rep- resentatives and petition legisla- ture.
Power to sus- pend the laws or their execution.
Freedom of de- bate, etc., and reason thereof.
Frequent ses- sions, and ob- jects thereof.
Taxation found- ed 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 alxsolutely necessary to preserve the advantages of lil:>erty, 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 necessary for the good administration of the common- wealth.
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 exercised in such particular cases only as the legislature shall ex- pressly 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 Expost/acto the existence of such laws, and which have not been de- i^'AUen 1*421?*^ ' olared crimes by preceding hiws, are unjust, oppressive, *2*' ^-s, 434. iind 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 legisla- l?ea8on!'e\c. ture.
XXVI. No mao-istrate or court of law shall demand Excessive bail or
^. . , ^ • n- fines, and cruel
excessive bail or sureties, impose excessive fines, or mnict punishments,
- 1-1 2_ prohibited.
cruel or unusual punishments. 5 Gray, 482.
XXVII. In time of peace, no soldier ought to be quar- No sowier to be tered in any house without the consent of the owner ; and houLTunil^sT^ in time of war, such quarters ought not to ])e made but ^'°-
by the civil magistrate, in a manner ordained by the legis- lature.
XXVIII. No person can in any case be suljject to law- citizens exempt
,.1 , I.' .'i • j_ 'i-xij.! from law-mar-
mart lal, or to any penalties or pains, by virtue ot that law, tiai, unless, 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 judgesof eu- of every individual, his life, liberty, property, and charac- coun? ^"'^'"'*^ ter, that there l>e an impartial interpretation of the laws, iGrtV,'472. and administration of justice. It is the right of every ^'^j{eu.|9i- citizen to be tried by judges as free, impartial, and inde- los Mass. 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 liy standing salaries. laws.
XXX. In the government of this commonwealth, the separation of legislative department shall never exercise the executive ci^^u^andVg^is-'" and judicial powers, or either of them : the executive shall J;feX.'^''P^'"'' never exercise the legislative and judicial powers, or either ; ^'If^'j; ^JJj of them: the judicial shall never exercise the legislative s Alien,' 247, '253. and executive powers, or either of them: to the end it 2S6. ' may be a government of laws and not of men. 114 Mass. 247,
116 Mass. 317. 129 Mass. 559.
10
CONSTITUTION OF THE
Title of body 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.
Govemor'sveto, 99 Mass. 636.
Bill may be passed by two- thirds of each house, notwith- standing.
CHAPTER I.
THE LEGISLATIVE POWER.
Section I. The General Court.
Article L The department of legislation shall be formed by two branches, a Senate and House of Represen- tatives ; each of which shall have a negative on the other.
The legislative body shall assemble every year [on the last Wednesday in May, 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.
II. 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 there- to, 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 Ijy 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 l)y 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. For exception
in case of ad-
And in order to prevent unnecessary delays, it any bill joumment of or resolve shall not be returned by the governor within court within five days after it shall have been presented, the same shall geefmenct^' have the force of a law. rSior: ^'
IH. The general court shall forever have full power General court and authority to erect and constitute judicatories and judLatorles"'^ courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearino-, trying, and deter- ?,^''^y'i;, .
' r" ' .' o ' 12 Gray, 147,
mining of all manner of crimes, oliences, 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
whether 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 ariven and Courts etc.,
, T ,. „ . '^ '-' . raay administer
granted lull power and authority, trom 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 given and granted to the said general court, from time to Scf ''"'*'' *^^' time to make, ordain, and establish, all manner of whole- 4 Aifen'.^iTs. some and reasonable orders, laws, statutes, and ordinances, ^|>"*'"' --•^• directions and instructions, either with penalties or with- 100 Mass. 544, out ; so as the same be not repugnant or contrary to this iioMass. 46-, constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government i,^^y^^'ctT\mi and ordering thereof, and of the subjects of the same, and repugnant to for the necessary support and defence of the government cAiieu, 35s. thereof; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers or appointment within the said commonwealth, the election and consti- ii5°Ma8r602. tution of whom are not hereafter in this form of govern- ment otherwise provided for ; and to set forth the several thl^/dE!"''^ 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 r(!spectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to
12 CONSTITUTION OF THE
ta™8fet™.^°*'' this constitution ; and to impose and levy proporti()nal 6"yieD*'l^'s' ^^^*^^ reasonable assessments, rates, and taxes, upon all the 6 Aiicn,'s58.^^ inlialjitauts of, and persons resident, and estates lying, io"Aiieti, 235' "' within the said commonwealth; and also to impose and i^Aiien'-'-, 223, levy reasonable duties and excises upon any produce, soo'.sil'sisisooi goods, wares, merchandise, and commodities, whatsoever, ni'^r in brousflit luto, produced, manufactured, or beino; within
9j> Mass, 19. ■— ' '»•. Ill
100 Mass. 2S}. thc sauic ; to be issued and dispo,'?ed of by warrant, under 58.5. ''^'*" '"^' the hand of the governor of this commonwealth for the 114 Mass! 3SS,' limc bciug, with the advice and consent of the council, i]6Mas8.46i. for the public scrvice, In the necessary defence and sup- 118 Mass. 0S6, port of the government of the said commonwealth, and 123 Mass. 493, the protection and preservation of the subjects thereof, 127'Mass. 413. according to such acts as are or shall be in force Avithin
the same. ta™esfetcrto%e ^^^^ while the public charges of government, or any dSefprotec- 1"^^"^ thereof, shall be assessed on polls and estates, in the 1'°^:.'^^^... .. nianner that has hitherto been ])ractised, in order that
8 Alleu,247,2o6. , , i • i ,• 1
Valuation of such asscssmeuts may be made with equality, there shall teuVeare,'^at'° l)e a valuatiou of estatcs withiu tlie commonwealth, taken s^Aii'en.'^lT'.^*''' ^^^ew oncc in every ten years at least, and as much oftener 126 Mass. 547. Jig tije general court shall order.
For the authority of the general court to charter cities, see amendineuts. Art. II.
CHAPTEE I. Section II.
fSenale.
Kd'byuS Article I. [There shall be annually elected, by the elected. freeholders aiid other inhabitants of this commonwealth.
Superseded by 1 • /> i • 1 • ... • 1 n f
areendraents, quaiitied as 111 this coiistitutioii IS providcd, torty persons which was'aiBo to be councilloi's and senators for the year ensuing their anSmems"^^ clection ; to be chosen by the inhabitants of the districts Art. XXII. JQ^Q ^vhich the coiumonweallh may, from time to time, be divided by the general court for that purpose : and the general court, in assigning the numl)ers to be elected by the respective districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts ; and Forprovisiouas tii^^ely make known to the inhabitants of the conimon-
to coauciUors, 1 1 1 1 • •
see amend- Wealth the limits of cacli district, and the number of coun-
XVI. '^ ' cillors and senators to be chosen therein; provided, that
the number of such districts shall never be less than thir-
COMMONWEALTH OF MASSACHUSETTS. 13
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, Ij^riSlTntn. until the general court shall determine it necessary to etc. alter the satd 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 : — Suftblk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two'^; Dukes County and Nantucket, one ; AVorcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.]
II The senate shall be the first branch of the legisla- Manner and
, 1 11 1 T • ji i' 11 • time or choosing
ture ; and the senators shall be chosen mthe tollowmg man- senators and ner, viz. : there shall be a meeting on the [first Monday iu TimfofTicction April,] annually, forever, of the inhabitants of each town ^!3,t'„>;,, in the several counties of this commonwealth ; to be called ^^-^^^^^j^ by the selectmen, and warned in due course of law, at byamendments, least seven days before the [first Monday in April,] for ;^vrto cities, see the purpose of electing persons to be senators and coun- ^(^t! n™^"^'' cillors; [and at such meetings every male inhabitant of'^^^^v^o^^^^ twentv-one years of a^e and upwards, having a freehold qualifications of estate within the commonwealth, oi the annual income ot sededbyameud- three pounds, or any estate of the value of sixty pounds, ni^xx!'"" shall have a ri^ht to give in his vote for the senators for f^^X^^^f^^' the district of which he is an inhabitant.] And to remove ^^;°;;d;;i°ba^^^^ all doubts concernino- tlie meaning of the word " inha])it- see also amend-
. .. 1111 •!! ments, Art.
ant" in this constitution, every person shall be considered xxiii., wwch as an inhabitant, for the purpose of electing and being X^xxvi.'^ ''^ elected into any oflace, or place within this state, in that J.|fX^';.\^95, town, district, or plantation where he dwelleth, or hath 597. his home.
The selectmen of the several towns shall preside at j^S"at town such meetings impartially ; and shall receive the votes meetings. 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 jjresence of the town clerk, KcturMof votes. who shall make affair 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 i^^°^^^^^ the selectmen and tlie town clerk, and shall 1)0 sealed up. Art. 11. directed to the secretary of the commonwealth fi)r the time being, with a superscription, expressing the purport
14 CONSTITUTION OF THE
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
Time changed town lies, thirty days at least before [the last Wednesday
day ?f January! in May] annually ; or it shall be delivered into the secre-
mTnu^ut. X. tary's office seventeen days at least before the said [last
Wednesday in May :j 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.]
Inhabitants of And the inhabitants of plantations unincorporated,
plantations, qualified as this constitution provides, who are or shall
who i)ay state , i i • i j j. ^i
taxes, may vote. 1)0 cmpowcred and requu'ed 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 meeunss" havo in their respective towns ; and the plantation meet- Time of eiec- ino^s for that purpose shall be held annually [on the same by amend- first Monday lu April] , at such place in the plantations, Assessorsto ' respcctivcly , as the assessors thereof shall direct; which notify, etc. asscssors shall have like authority for notifying the elect- ors, 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. Governor and jjj And that there may be a due convention of sena-
council to ex- «' .
amine and count tors ou the [Uist Wednesday in May] annually, the gov- summonses. cmor witli fivc of the council, for the time being, shall, to"first\vediies- J^s soou as may be, examine the returned copies of such byaraendraeml I'^cords ; and fourtecn days before the said day he shall ^itx issue his summons to such persons as shall appear to be
Majority , .. n-i ii
changed to choseu oy [a majority oij voters, to attend on that day,
amendments, and take their seats accordingly : provided, nevertheless,
Art.xi\. 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.
finafjudge^of I"^' The Senate shall l)e the final judge of the elec-
eiections, etc., tious, Tctums and qualifications of their own members, as
of Its own mem- ' ^ '
bers.
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and shall, Ton the said Time changed
1 -ITT 1 1 -TVTT 11 ij •111 to first Wcdnes-
last Wednesday m May] annually, determine and declare day of January who are elected by each district to be senators [by a atux" '^'^^^^' majority of votes ; and in case there shall not appear to cht^^ged to be the full number of senators returned elected by a pi^'^aiity uy
,. . , "^ amendments,
majority of votes for any district, the deficiency shall be Art. xiv.
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
for ; and out of these shall elect by ballot a number of Yi^gd^"®*' ^°^
senators sufficient to fill up the vacancies in such district ; changed to
and in this manner all such vacancies shall be filled up in people" ^
every district of the commonwealth ; and in like manner ment8?Art'.
all vacancies in the senate, arising by death, removal out ^^iv.
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 of capable of being elected as a senator, [who is not seised propmyquaii- in his own right of a freehold, within this commonwealth, Hhti?'^''^"' of the value of three hundred pounds at least, or possessed ^f^,;t™^\''t,"
of personal estate to the value of six hundred pounds at xiii. ' least, or of both to the amount of the same sum, and] who visionlast^o^''^ ' has not been an inhabitant of this commonwealth for the l^\Z^amemu'^ space of five years immediately preceding his election, and, xxu'/'^^^' at the time of his election, he shall be an inhal)itant 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 thia"two™'ays. time.
VII. The senate shall choose its own president, appoint ., «^"!' choose
. ^Y. 11 .. ,. its otncers and
its own oiDcers, and determine its own rules ot pro- c^'-^biish its
T ■*■ rules.
ceedings.
VIII. The senate shall be a court with full authority iJ^jlJ|,^^,^eQta^ to hear and determine all impeachments made by the
house of representatives, against any officer or officers of the commonwealth, for misconduct andmal-administration in their offices. But previous to the trial of every im- peachment 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
16
CONSTITUTIOX OF THE
Quorum. For further pro- visions, see amendments, Art. XXII.
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.
IX. Not less than sixteen members of the senate shall constitute a quoroum for doing business.
Representation of the people.
Kej)resenta- 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.
Towns liable to tine in case, etc.
Expenses of travelling to and from the general court, how paid.
Qualifications of a representa- tive.
CHAPTEll I.
Section III.
House of Representatives.
Article I. There shall be, in the legi.slature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.
II. [And m order to provide for a representation of the citizens of this commonwealth, founded upon the prm- ciple 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 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.]
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, agreea- bly 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
COMMONWEALTH OF MASSACHUSETTS. 17
least next preceding his election, shall have been aninhab- New provision
itant of, and have been seised in his own right of a free- see amend.
hold of the value of one hundred pounds within the town xxT' ^^"'
he shall be chosen to represent, or any ratable estate to flcaUouVaboK''
the value of two hundred pounds; and he shall cease to ^^^'"}^y'"J^^'^^^ . '^ . . - . . ments, Art.
represent tlie said town immediately on his ceasing to be ^cm. qualified as aforesaid.]
IV. [Every male person, being twenty-one 3'ears of Qu^wfl^ations of age, and resident in any particular town in this common- These pro- wealth for the space of one year next preceding, having a eeded by"'"''^" freehold estate within the said town of the annual income AnJ! m!°x'x. of three pounds, or any estate of the value of sixty pounds, ^^xxxi^^' shall have a right to vote in the choice of a representative see also amend- or representatives for the said town.] xxiii.^ which
V. [The members of the house of representatives shall Irt. xxvi. ^ be chosen annually in the month of jNIay, ten days at least Representa- before the last "Wednesday of that month.] chosen.
Time of election chansod bj' amendments, Art. X., and changed asjaiu by amendments,
Art. XV.
VL The house of representatives shall be the grand n°".''s "'o^?
^>. 111. 1 can impeach.
inquest ot this commonwealth ; and all impeachments made by them shall be heard and tried by the senate.
VH. All money bills shall orio-inate in the house of no"«o,too'ig'
•^ ~ Date all money
representatives ; but the senate may propose or concur wus. with amendments, as on other bills.
VIII. The house of representatives shall have power not to adjourn to adjourn themselves ; provided such adjournment shall d^°ys''.
not exceed two days at a time.
IX. [Not less than sixty members of the house of si^pe^sedldby representatives shall constitute a quorum for doing busi- "(rtTxxi?'^' ness.]
X. The house of representatives shall be the judge of reiCrM^etc^ of the returns, elections, and qualifications of its own mem- itsown'mem-
1 . - . ^ . . . bers; to choose
bers, as pointed out in the constitution ; shall choose their its otficers and own speaker; appoint their own ofiicers, and settle the rules, etc' ^ rules and orders of proceeding in their own house. They may punish shall have authority to puni.sh by imprisonment every offences. person, not a member, who shall be guilty of disrespect ^^ '»>■. ^-6- to the house, by any disorderly or contemptuous behavior in its presence ; or wdio, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house ; or who shall assault any of them therefor; or who shall assault, or arrest, any witness, or other person, ordered to attend the
Privileges of members.
Senate. Governor and council may punish
General limita- tion. 14 Gray, 226.
Trial may be by committee, or otherwise.
CONSTITUTION OF THE
house, in his way in going or returning; or who shall rescue any person arrested by the order of the house.
And no member of the house of representatives shall be arrested, or held to l)ail on mean process, during his going unto, returning from, or his attending the general assem- bly.
XL The senate shall have the same powers in the like cases ; and the governor and council shall have the same authority to punish in like cases : provided, that no impris- onment on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described offences, be for a term exceeding thirty days.
And the senate and house of representatives may try and determine all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.
Governor.
Hia title.
To be chosen
annually.
Qualifications.
Requirement of religious decla- ration abolished by amend- ments, Art. VII.
By whom cho- sen, if he have a majority of voles.
Time of elec- tion changed by amendments, Art. X., and changed again by amendments, Art. XV.
CHAPTER II.
EXECUTIVE POWER.
Section I.
Governor.
Article I. There shall be a supreme executive magis- trate, who shall be styled — The Governor of the Commonwealth or Massachusetts ; and whose title shall be — His Excellency.
' II. The governor shall be chosen annually ; and no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this com- monwealth for seven years next preceding ; and unless he shall at the same time be seised, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds ; [and unless he shall declare himself to be of the Christian religion.]
III. Those persons who shall be qualified to vote for senators and representatives within the several towns of this commonwealth shall, at a meeting to be called for that purpose, on the [first Monday of April] annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings ; and the town clerk, in the presence and with the assistance of the selectmen, shall,
COMMONWEALTH OF MASSACHUSETTS. 19
in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name ; and shall make a fair record of the same in the town books, and a public decla- As to cuies, see
Till- ameudments,
ration thereot in the said meeting; and shall, in the pres- An. ii.
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty days at least before the
riast Wednesday in Mavl ; and the sheriff shall transmit Time changed
L -J ^ J ' to hrst Wednes-
the same to the secretary s oiiice, seventeen days at least day of January before the said [last Wednesday in May] ; or the select- Art'.'x" ™''"^*' men may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day ; and the secretary shall lay the same before the senate and the house of repre- sentatives on the [last Wednesday in May] , to be by them changed to examined ; and [in case of an election by a majority of all am'e^ndraenta, the votes returned], the choice shall be by them declared t^^''^}^'
ii'iiri-r- 1111 •• • How chosen,
and published ; [i)ut it no person shall have a majority or when no person votes, the house of representatives shall, by ballot, elect ^"^ -""■^■1°" > ■ two out of four persons who had the highest number of votes, if so many shall have been voted for ; but, if other- wise, out of the number voted for ; and make return to the senate of the two persons so elected ; on which the senate shall proceed, by ballot, to elect one, who shall be declared governor. ]
IV. The governor shall have authority, from time to Power of gov. time, at his discretion, to assemble and call together the governor and councillors of this commonwealth for the time being ; and '^°"""'- the governor with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.
V. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen- geneil"coun eral court, to adjourn or prorogue the same to any time 3"onveuf ' the two houses shall desire ; [and to dissolve the same on the same.
Til -i-fT 1 1 • AT 1 As to dissolu-
the day next precedins^ the last Wednesday in May : and, tion, see amend
. ,, "^ % J.1 ^1 i. X J.1 r meuts, Art. X.
in the recess ot the said court, to prorogue the same trom time to time, not exceeding ninety days in any one recess ;] and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the com- monwealth shall require the same ; and in case of any infectious distemper prevailing in the place Avhere the said
20
CONSTITUTION OF THE
As to dissolu- tion, see amend- ments, Art. X.
Governor and council may adjourn the gen- eral court in cases, etc., but not exceeding ninety days.
Governor to be commander-in- chief.
court is next at any time to convene, or any other cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient place within the state.
[And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.]
VI. In cases of disagreement between the two houses, with regard to the necessity, expediency, or time of ad- journment or prorogation, the governor, with advice of the council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require.
VII. The governor of this commonwealth, for the time l)eing, shall l)e the commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and con- quer, by all fitting ways, enterprises, and means whatso- ever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enter- prise the destruction, invasion, detriment, or annoyance of this commonwealth ; and to use and exercise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occa- sion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, w^ith their ships, arms, ammunition, and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this com- monwealth ; and that the governor be intrusted with all these and other powers, incident to the offices of cap- tain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not other- wise.
COMMONWEALTH OF MASSACHUSETTS. 21
Provided, that the said governor shall not, at any time LimitaUou. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legis- lature, transport any of the inhabitants of this common- wealth, or ol)lige them to march out of the limits of the same, without their free and voluntary consent, or the con- sent of the general court ; except so far as may be neces- sary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access.
VIII. The power of pardoning otlences, except such ^ourJi°may°^ as i)ers()ns may be convicted of before the senate by an pardon offences,
I *■' *J CXCClJt 6tC.
impeachment of the house, shall be in the governor, by and with the advice of council ; but no charter of par- don, granted by the governor, with advice of the council before conviction, shall avail the party pleading the same, But not before
. •,! / T 1 i.' 1 • conviction.
notwithstanding any general or })articular expressions con- 109 Mass. 023. tained therein, descriptive of the otience or otiences in- tended to be })ardoned.
IX. All iudicial officers, [the attorney-ireneral,! the Judicial oin-
» m ^ '^~' , -^ cfi's etc. how
solicitor-general, [all sheriffs,] coroners, [and registers of nom'inated and probate,] shall be nominated and appointed by the gov- For°prov'ision8 ernor, by and with the advice and consent of the council ; of attorney"" and every such nomination shall be made by the oovernor, general, see
■^ . 1 amendments,
and made at least seven days prior to such appointment. Art. xvii.
For provision as to election of shoriffs, resdstprs of probate, etc., see amendments, Art. XIX. For provision as to api^oiutmeut of notaries public, see amendments, Art. IV.
X. The captains and subalterns of the militia shall be Miiitia otncera, elected by the written votes of the train-band and alarm Limitatk)a of list of their respective companies, [of twenty-one years uy'^am'^d'- °"' of age and upwards ;] the tield ofiicers of regiments shall mems, Art.v. be elected by the written votes of the captains and subal- terns of their respective regiments ; the brigadiers shall l)e elected, in like manner, by the tield officers of their respec- tive brigades; and such officers, so elected, shall be com- iiowcommis- missioned by the governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time Election of and manner of convening the electors, and of collect- ing votes, and of certifying to the governor, the officers elected.
The major-generals shall be appointed by the senate and i^/ow°MfiSed' house of representatives, each havinof a nesrative upon the "."'itommis-
1 tK ••111 sioned.
other ; and be commissioned by the governor.
For provisions as to appointment of a coramissary-geuenil, see amendments. Art. IV.
And if the electors of l)rigadiers, field officers, captains vacancies, how or subalterns, shall neglect or refuse to make such elec- eur''"^"^^'
22
CONSTITUTIOX OF THE
Officers duly comniissioned, how removed. Superseded by amendments, Art. IV.
Adjutants, etc., how appointed.
Array officers, how appointed.
Organization of militia.
Money, how ■drawn from the treasury, ex- cept, etc. 13 Allen, 593.
All public boards, etc., to make quarterly returns.
tions, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such offices.
[And no officer, dul}" commissioned to command in the militia, shall be removed from his office, but b3^the address of both houses to the governor, or by fair trial in court- martial, pursuant to the laws of the commonwealth for the time being.]
The commanding officers of regiments shall appoint their adjutants and quartermasters ; the brigadiers their brigade-majors ; and the major-generals their aids ; and the governor shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all officers of the continental army, whom by the confedera- tion of the United States it is provided that this common- Avealth shall appoint, as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until tlie same shall be altered in pursuance of some future law,
XI. No moneys shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the com- monwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.
XII. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammu- nition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively ; distinguishing the quantity, number, quality and kind of each, as particu- larly as may be ; together with the condition of such forts and garrisons ; and the said commanding officer shall ex-
COMMONWEALTH OF MASSACHUSETTS. 23
hibit to the governor, when required l:>y him, true and exact plans of such forts, and of the land and sea or har- bor or harbors, adjacent.
And the said boards, and all public officers, shall com- municate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall bo directed to them respectively.
Xin. As the pul)lic good requires that the governor salary of should not be under the undue intiuence of any of the ^°^®°°''' members of the general court by a dependence on them for his support, that he should in all cases act with free- dom for the benefit of the pulilic, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magis- trate, it is necessary that he should have an honoral^le stated salary, of a fixed and permanent value, amply suffi- cient for those purposes, and established by standing laws : and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly.
Permanent and honorable salaries shall also be estab- i^ces'ofMmeuie lished by law for the justices of the supreme judicial court, judical court.
And if it shall l)e found that any of the salaries afore- salaries to be said, so established, are insufficient, they shall, from time rusufficieiu. to time, be enlarged, as the general court shall judge proper.
C II APT EH II.
Section II. Lieutenant- Governor.
Article I. There shall be annually elected a lieuten- Lieutenant. ant-governor of the commonwealth of Massachusetts, t^iue'^and'^quanfi. whose title shall be — His Honor; and who shall be J.eJj°[|remp,u^of qualified, in point of [religion,] property, and residence i^j}-',?f'"!',"t'j,t" °^ in the commonwealth, in the same manner with the gov- chriHiian ernor ; and the day and manner of his election, and the abonshtd by qualifications of the electors, shall be the same as are Art*^.' vil" *' required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall 1)0 in the same manner; [and if no one person shall now chosen. be found to have a majority of all the votes returned, the Election by vacancy shall be filled by the senate and house of repre- ^' "''' ' ^ ^"°
24
CONSTITUTION OF THE
vided for by amendmenta, Art. XIV.
Presideut of council. Lieutenant- governor a member of, except, etc.
Lieutenant- governor to be acting governor, in case, etc.
sentatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.]
II. The governor, and in his absence the lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.
III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the com- monwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.
Council. Number of councillors clianged to eight.
See amend- ments, Art. XVI.
Number; from whom, and how chosen Modified by amendments, Arts. X and
xm.
Superseded by amendnncnts, Art. XVL
If senators be- come council- lors, their seats to be vacated.
CHAPTER II.
Section III.
Council, andtlie Manner of f^ettling Electiois htj the Legis- lature.
Article I. There shall be a council for advising the governor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together ; and the governor, with the said councillors, or five of them at least, shall and may, from time to time, hold and keep a council, for the order- ing and directing the affairs of the commonwealth, accord- ing to the laws of the laud.
II. [Nine councillors shall be annually chosen from among the persons returned for councillors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives assembled in one room ; and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large ; and the number of senators left shall constitute the senate for the year. The seats of the persons thus elected from the senate, and accepting the trust, shidl be vacated in the senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
III. The councillors, in the civil Jirrangements of the Raukof commonwealth, shall have rank next after the lieutenant- '=<"'"'='"o'«- governor.
IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.] {\v^° "'°'° '^^"
Superseded by amendments, Art. XVI.
V. The resolutions and advice of the council shall be ueguterof recorded in a register, and signed by the members present ; '=°""'^''- and this record may be called for at nuy time by either house of the legislature ; and any memljcr of the council
may insert his opinion, contrary to the resolution of the majority.
VI. Whenever the office of the governor and lieuten- council to exer. ant-governor shall be vacant, by reason of death, absence, oHovernorfn or otherwise, then the council, or the major part of them, tas^-. etc. shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and things, as the governor or the lieutenant-governor might or could, by virtue of this constitution, do or execute, if they, or cither of them, were personally presfent.
VII. [And whereas the elections appointed to be made. Elections may by this constitution, on the last Wednesday in May annu- um1f,\°tc."' '' ally, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned
from day to day until the same shall be comi)leted. And «rder (hereof.
-, > I • 111 Superseded by
the order ot elections shall be as follows : the vacancies in amendments, the senate, if any, shall tirst be tilled up ; the governor xxv." and lieutenant-governor shall then be elected, })rovided there should be no choice • of them l)y the people ; and afterwards the two houses shall proceed to the election of the council.]
CHAPTER II.
Sectiox IV.
Secretary^ Treasurer , Commissary , etc.
Article I. [The secretary, treasurer, and receiver- secretary, etc., general, and the commissary-general, notaries public, and] hou^cho"cfn°'' naval officers, shall be chosen annually, by joint ballot of f„°^i[X3'"^ the senators and representatives in one room. And, that secretary, neas-
... /»!• 11 1 !/• iner, and re-
the Citizens ot this commonwealth may be assured, irom <eiver.generai,
J. . ;• .1 J ji • ■ . ji 1 !• and auditor and
time to time, that the moneys remaining in the [)ublic aitomeygen- trcasury, upon the settlement and rujuidation of the pub- nu'i'itsrArt?**"^" lie accounts, are their property, no man shall be eligible -^^'"-
26
CONSTITUTION OF THE
Treasurer in- eligible for more than live suc- cessive years.
Secretary to keep records; to iitlend the trovernor and council, etc.
as treasurer and receiver-general more than Hve }'ears suc- cessively.
P'or provision as to appointment of notaries public and the commissarygeneral, see amendments, Art. IV.
II. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountalile ; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require.
Tenure of all commissioned oflicers to be expressed Judicial olllcers to hold office during good behavior, ex- cept, etc. But may bo removen on address.
Justices of su- preme judicial court to gi\c opinions when required. 12-2 Mass. 600. 126 Mass. 057, 561.
Justices of the peace; tenure of their oflice. 3 Cash. 5S4.
Provisions for
holding probate
courts.
12 Gray, 147.
CHAPTER III.
JUDICIARY POWEil.
Article I. The tenure, that all commission officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
II. Each branch of the legislature, as well as the governor and council, shall have authoritj^ to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
III. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates; and, upon the expira- tion of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most con- duce to the well-being of the commonwealth,
IV. The judges of pro])ate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, apj^oint such times and places ; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.
COMMONWEALTH OF MASSACHUSETTS. 27
V. All causes of marriage, divorce, and alimon}'-, and ^°.^^^^"^S% all appeals from the judges of probate, shall be heard and mony. ' determined by the governor and council, until the legis- visions'made lature shall, by law, make other provision. ioomLs. 327.
116 Mass'. 317".
CHAPTER IV.
DELEGATES TO CONGRESS.
[The delegates of this commonwealth to the congress of Delegates to the United States, shall, some time in the month of June, *^°°'"""'- annually, be elected by the joint ballot of the senate and house of representatives, assembled together in one room ; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the commonwealth ; but may be recalled at any time within the year, and others chosen and com- missioned, in the same manner, in their stead.]
CHAPTER Y.
THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF LITERATURE, ETC.
Section I. The University.
Article I. Whereas our wise and pious ancestors, so Harvard early as the year one thousand six hundred and thirty-six, <^°"*^s^- laid the foundation of Harvard College, in which univer- sity many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public employments, both in church and state ; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of GoD, the advantage of the Christian religion, and the groat benefit of this and the other United States of America, — it is declared, that the President and Fellows of powers, priv-i- Harvard College, in their corporate capacity, and [hfpVeBid'ent their successors in that capacity, their officers and ser- e"u,/riuel*' vants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to
28 CONSTITUTION OF THE
have, hold, use, exercise, and enjoy ; and the same are hereby ratified and confirmed unto them, the said presi- dent and fellows of Harvard College, and to their sue* cessors, and to their officers and servants, respectively, forever.
II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies, and conveyances, heieto- fore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college by some other description, under several charters, successively ; it is declared, that
All gifts, grants, aH (^^e sald o'ifts, grants, devises, leo^acies, and convey-
etc, confirmed. iiP fi ji ■ i
ances, are hereby torever confirmed unto the president and fellows of Ilarvard College, and to their successors in the capacity aforesaid, according to the ti'ue intent and meaning of the donor or donors, grantor or grantors, devisor or devisors.
III. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-tM'o, the governor and deputy-governor, for the time being, and all the magis- trates of that jurisdiction, were, with the president, and a numl)cr of the clergy in the said act described, consti- tuted the overseers of Harvard Collesre : and it beinof necessary, in this new constitution of government to
Who shall be ascertain w^ho shall be deemed successors to the said gov- ernor, deputy-governor, and magistrates ; it is declared, 1851,^224"'*'^' that the governor, lieutenant-governor, council, and senate ,!fn'ol:T of this commonwealth, are, and shall be deemed, their
1865,173. successors, who, with the president of Harvard College,
for the time being, toizether with the ministers of the con- gregational churches in the towns of Cambridge, Water- town, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard College ; Power of altera provided, that nothino: herein shall be construed to i^re-
lion reserved to '^ . , . , i» .1 • lil x- I •
the legislature, vcut the legislature 01 this commonwealtii troni making such alterations in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts Bay.
COMMONWEALTH OF MASSACHUSETTS. 29
CHAPTEE V.
Section H. The Encouragement of Literature^ etc. Wisdom and knowledjje, as well as virtue, diffused sren- ^^ , f, • ,
0_ ' _ ' o Duty of legisla-
erally amono" the body of the people, being' necessary for tnres and magis-
^. ., ^ trates in all
the preservation of their rights and liberties ; and as these future periods. depend on spreadhig the opportunities and advantages of vision"' asTo^*^"' education in the various parts of the country, and among seo^amend°°'^' the difierent orders of the people, it shall 1)e the duty of ^^nu.Art. legislatures and magistrates, in all future periods of this 12 Alien, 500- commonwealth, to cherish the interests of literature and 103 Mass. 94, 97. the sciences, and all seminaries of them ; especially the university at Cambridge, pulilic schools and grammar schools in the towns ; to encourage private societies and public institutions, rewards and immunities, for the pro- motion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social aflections, and gen- erous sentiments, among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant- o^ti'^. etc. governor, councillor, senator, or representative, and accept- ing the trust, shall, ])efore he })roceed to execute the duties of his place or office, make and subscril)e the following- declaration, viz. :
"I, A. B., do declare, that I believe the Christian reli- ^^i^onshed. see
, ^ , . aniendments,
gion, and have a firm persuasion of its truth ; and that I Art. vii. am seised and possessed, in my own right, of the pro})erty required by the constitution, as one qualification for the office or place to which I am elected."
And the governor, lieutenant-governor, and councillors, shall make and subscribe the said declaration, in the pres-
30
CONSTITUTION OF THE
Declaration and oalhs of all officers.
For new oath of allegiance, see amend - meutB, Art. VI.
Oath of oflQce.
ProviBO. See amend- mentB, Art. VI.
ence of the two houses of assembly ; and the senators and representatives, first elected under this constitution, before the president and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time beino;. ]
And every person chosen to either of the places or offices aforesaid, as also any person appointed or commis- sioned to any judicial, executive, military, or other otfice under the government, shall, beford he enters on the dis- charge of the business of his place or office, take and sub- scribe the following declaration, and oaths or affirmations, viz. :
[" I, A. B. , do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of Massachu- setts is, and of right ought to be, a free, sovereign, and independent state ; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever ; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain (as the case may be) , and every other foreign power whatsoever ; and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this commonwealth, ex- cept the authority and power which is or may be vested by their constituents in the congress of the United States : and I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration, or affir- mation ; and that I do make this acknowledgment, pro- fession, testimon}^ declaration, denial, renunciation, and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me, God."]
"I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to
the best of my abilities and understanding, agreeably to the rules and resrulations of the constitution and the laws of the commonwealth. So help me, God."
Provided, always, that when any person chosen or ap- pointed as aforesaid, shall be of the denomination of the
COMMONWEALTH OF MASSACHUSETTS. 31
people called Quakers, and shall decline taking the said oatli[s], he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, [" I do swear,'" " and abjure,'" " oatJt or,"' " a)tdabju7'at{o)i,'^ in the first oath, and in the second oath, the words] ^^ swear (Hid,'' and [in each of them] the words " b'o help me, God;" subjoining instead thereof, " This I do under the pains audj)enaUies o/^^GrJurf/.'"
And the said oaths or affirmations shall be taken and .^^r'^^iuions subscribed by the ofovernor, lieutenant-o;overnor, and conn- iiow admiuis. cillors, before the president of the senate, in the presence of the two houses of asseml^ly ; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being ; and by the residue of the officers aforesaid, before such persons and in such manner as from lime to time shall be prescribed by the legislature.
II. No governor, lieutenant-governor, or judge of the Plurality of supreme judicial court, shall hold any other office or place, ed^to governor, under the authority of this commonwealth, except such as le'l^'amend-' *'*''' by this constitution they are admitted to hold, saving that mentis. Art. the judges of the said court may hold the offices of justices of the ])eace through the state ; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power Avhatever.
No i^erson shall l)e capable of holding or exercising at ?'""p «"^|!,*=*'
i . • 1 • 1 • 1 P ^ ^ Allen, 553.
the sjune time, Avithin this state, more than one of the following offices, viz. : judge of probate — sheriff — regis- ter of prol)ate — or register of deeds ; and never more than any two offices, which are to be held by appointment of tlie governor, or the governor and council, or the senate, or the house of representatives, or by the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace ex- cepted, shall be held by one person.
No person holding the office of judge of the supreme incompatible judicial court — secretary — attorney-general — solicitor- Ko'i^fu'rihor pre general^ — treasurer or receiver-general — judge of prol)ate ji'.e'ompauwe
— commissary-o"eneral — [president, professor, or instruct- oiiues, see
./ V? LI '1 ' , aniendmenls,
or of Harvard College] — sheriff — clerk of the house of Ait.vni. representatives — register of probate — register of deeds vard coiUiie
— clerk of the supreme judicial court — clerk of the infe- anreudnienTs, rior court of common pleas — or officer of the customs, ^rt. xxvii. including in this description naval officers — shall at the
32
CONSTITUTION OF THE
Incompatible offices.
Bribery, etc.,
diequalify.
Value of money ascertained.
Property quali- fioatious may be increased. See amend- ments, Art. XIII.
Provisions respecting commissions.
Provisions re- spectini; writs.
2 Pick. '592.
3 Met. 58. 1.3 Gray, 74.
Continuation of former laws, except, etc.
1 Mass. 69.
2 Mass. t'Zi.
8 Pick. 309.316. 16 Pick. 107,115, 2Met. 118.
Benefit of habeas cor-pu/t secured, except, etc.
same time have a seat in the senate or house of represen- tatives ; but their being chosen or appointed to, and accept- ing the same, shall operate as a resignation of their seat in the senate or house of representatives ; and the place so vacated shall be filled up.
And the same rule shall take place in case any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council ; or any councillor shall accept of either of those offices or places.
And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment.
III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to l)e elected to offices, as the circumstances of the commonwealth shall require.
IV. All commissions shall be in the name of the Commonwealth of jVIassachusetts, signed l)y the governor and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto.
Y. All writs, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Common- wealth of Massachusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be returna- ble, who is not a party, and be signed by the clerk of such court.
VI. All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
VII. The privilege and benefit of the writ of habeas corpus shall 1)e enjoyed in this commonwealth, in the most free, easy, cheap, expeditious, and ample manner; and shali not l)e sus))ende(l l)y the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
COMMONWEALTH OF MASSACHUSETTS. 33
VHI. The enacting style, in making and passing all ^^''.^^''^''''""s acts, statutes, and laws, shall be — " Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same."
IX. To the end there may be no failure of justice, or officers of danger arise to the commonwealth from a change of the melu^coldnued form of government, all officers, civil and military, hold- "°''''*^''=- ing commissions under the government and people of Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con- stitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead ; and all courts of law shall proceed in the execution of the business of their respective departments ; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments, and authority ; until the general court, and the supreme and executive officers under this constitution, are designated and in- vested with their respective trusts, powers, and authority.
X. I In order the more effectually to adhere to the rrovisionfor principles of the constitution, and to correct those viola- sm'uk)!*'""' tions which by any means may be made therein, as well p°o\Snaf to as to form such alterations as from experience shall be •imendments, lound necessary, the general court which shall be in the ments, ah. ix. year of our Lord one thousand seven hundred and ninety- five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorporated })lanta- ' tions, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.
And if it shall appear, by the returns made, that two- Provision for thirds of the qualified voters throughout the state, who sutuuon.^ shall assemble and vote in consequence of the said pre- cepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns to elect delegates to meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are l)y this constitution to be chosen.]
34
CONSTITUTIOX OF THE
Provision for preserving and publishing this constitution.
XI. This form of government shall be enrolled on parchment, and deposited in the secretary's oiBce, and be a part of the laws of the land ; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws.
Bill, etc., not approved within five days, not to become a law, if legislature adjourn in the mean time. 3 Mass. 567. See Const., Ch. I., § 1, Art. II.
General court empowered to charter cities. 122 Mass. 3.54.
Proviso.
112 Mass. 200.
Qualifications of voters for gov- ernor, lieuten- ant-governor, senators and representatives. See amend- ments, Art.
11 Pick. 538, 540. 14 Pick. 341. 14 Mass. 367. 5 Met. 162, 298, 591,594. 7 Gray, 299. 122Ma88.595,597. 124 Mass. 596.
ARTICLES OF AMENDMENT.
Aeticle I. If any liill or resolve shall l)e ol)jected to, and not approved by the governor ; and if the general court shall adjourn within live days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it with his objections, as provided hy the constitution, such bill or resolve shall not l)ecome a law, nor have force as such.
Art. II. The general court shall have full power and authority to erect and constitute municipal or city gov- ernments, in any corporate town or towns in this com- monwealth, and to grant to the inlial:)itants thereof such powers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescrilje the manner of calling and holding public meetings of the inhabitants, in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings. Provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the* application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meet- ing duly warned and liolden for that purpose. And pro- vided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be an- nulled by the general court.
Art. III. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the common- wealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, and who shall have paid, by himself, or his parent, master, or guardian, any state or county tax, which shall, within two years next preceding
COMMONWEALTH OF MASSACHUSETTS. 35
sucli election, have been assessed upon him, in any town For educational or district of this commonwealth ; and also every citizen see\mtnd°"' who shall be, by law, exempted from taxation, and who "or provisionals shall be, in all other respects, qualitied as above mentioned, j° ve^e^rwluu shall have a riiiht to vote in such election of o-overnor, the army or
,. ^ . 1 j_i'i navy in time of
lieutenant-governor, senators, and representatives ; and no war, ees amend- other person shall be entitled to vote in such elections. xxvin.Md
y VYT
See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be appointed by the Notaries public,
.1 • T • 1 112 how appointed
governor in the same manner as judicial otncers are ap- and removed. pointed, and shall hold their oiEees during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature.
[In case the office of secretary or treasurer of the com- vacancies in the monwealth shall become vacant from any cause, during t°i^y wid*t«-ls^* the recess of the general court, the governor, with the tms ^"use "^'*" advice and consent of the council, shall nominate and »"P«''"fdedby
. -Ill amendments,
appoint, under such regulations as may be prescribed by Art. xvii. law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]
Whenever the exigencies of the commonwealth shall ge,^™'rmJy be require the appointment of a commissary-o-eneral, he shall appointed, ic
"'■ ^ •/ cri ' C^0C etc.
be nominated, appointed, and commissioned, in such man- ner as the legislature may, b}'' law, prescribe.
All officers commissioned to command in the militia Miiitia officers, may be removed from office in such manner as the legis- °^^ removed. lature may, by law, prescribe.
Akt. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- subaUerM"^ ^"*^ nies, as well those under as those above the age of twenty- one years, shall have a right to vote.
Art. VI. Instead of the oath of allegiance prescribed by a^ii' officers ^° by the constitution, the following oath shall be taken and ^,^*^vj"®Vt t subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter on the duties of his office, to wit : —
"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachu- setts, and will support the constitution thereof. So help me, God."
Pi'ovided, That when any person shall be of the denomi- Proviso. Qua. nation called Quakers, and shall decline taking said oath,
36
CONSTITUTION OF THE
Tests abolished.
Incompatibility of offices.
122 Mass. 445, 600.
123 Mass. 535.
A.mendment8 to constitution, h->w made.
he shall make his affirmation in the foregoing form, omit- tins: the word " swear" and inserting, instead thereof, the word "affirm," and omitting the words " So help me, God,'' and sul)joining, instead thereof, the words, "This I do under the pains and penalties of perjury."
Art. VII. No oath, declaration, or subscription, except- ing the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant- governor, councillors, senators, or representatives, to quality them to perform the duties of their respective offices.
Art. VIII. No judge of any court of this common- wealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or coun- cillor, or have a seat in the senate or house of representa- tives of this commonwealth ; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff', treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office ; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted.
Art. IX. If, at any time hereafter, any specific and particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a ma- jority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be puljlished ; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the quali-
COMMONWEALTH OF MASSACHUSETTS. 37
fied voters, voting thereon, at meetings legally warned and holdeu for that purpose, they shall become part of the constitution ot this commonwealth.
Art. X. The political year shall begin on the first ^f°™™j1°^tye?r! Wednesday of January, instead of the last Wednesday of May ; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be and termination. dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor. The oovernor, lieutenant-governor and coun- cillors, shall also hold their respective offices for one year next following the first AVednesday of January, and until others are chosen and qualified in their stead. ^ I The meetino; for the choice of governor, lieutenant- ^p<?ting8 for the
L O ,o 1111111 choice of gov-
governor, senators, and representatives, shall be held on emor, lieuten. the second ]Monday of November in every year ; but meet- etc Twheu to' be ings may l)e adjourned, if necessary, for the choice of This clause representatives, to the next day, and again to the next amMdme^^iaf succeeding day, but no further. But in case a second Art. xv. meeting shall be necessary for the choice of representa- tives, such meetings shall be held on the fourth Monday of the same month of November.]
All the other provisions of the constitution, respecting the elections and proceedings of the members of the gen- eral court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the com- mencement of the political year, shall he so far altered, as to have like reference to the first Wednesday of January.
This article shall go into operation on the first day of -^^^^^ll'^^"^^^^^ October, next following the day when the same shall be t'ou- duly ratified and adopted as an amendment of the consti- tution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the cur- rent year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first
38
CONSTITUTION OF THE.
Inconeistent
provisions
annulled.
Religious freedom established. See Dec. of Rights, Art. III.
122 Mass. 40, 41.
Census of rata- ble polls to be taken in 1837, and decennially thereafter. This article was Superseded by amendments, Art. XIII., which was also superseded by amendments. Art. XXI. Representa- tives, how apportioned.
election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision.
All the provisions of the existing constitution, incon- sistent with the provisions herein contained, are hereby wholly annulled.
Art. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted : —
" As the public worship of God and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a repul)lican government ; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that pur- pose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses ; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society ; and all religious sects and denomi- nations, demeaning themselves peaceably, and as good citi- zens of the commonwealth, shall be equally under the protection of the law ; and no subordination of any one sect or denomination to another shall ever be established by law."
Art. XII. [In order to provide for a representation of the citizens of this commonwealth, founded upon the principles of equality, a census of the ratable polls, in each city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of Ma}^ in manner aforesaid ; and each town or city having three hundred rata- ble polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred
COMMONWEALTH OF MASSACHUSETTS. 39
and fifty ratable polls in addition to the first three hun- dred, one representative more.
Any town having less than three hundred ratable polls Towns having shall be represented thus : The whole number of ratable rrtabii'poiis, polls, at the last preceding decennial census of polls, shall ^o^' represent- be multiplied by ten, and the product divided by three hundred ; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid.
Any city or town having ratable polls enough to elect fepreBented.°'^ one or more representatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, by multiplying such surplus number by ten and dividing the product by four hundred and fifty ; and such city or town may elect one additional represen- tative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts Towns may may, by consent of a majority of the legal voters present sentat'he^dis?'^^' at a legal meeting, in each of said towns and districts, '^'■"'^^" respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall l)e taken, form themselves into a rep- resentative district to continue until the next decennial census of polls, for the election of a representative, or rep- resentatives ; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls.
The o-overnor and council shall ascertain and determine. The governor
• 1.1 1 r>Ti 1* j_-^i e '"'d council to
Within the months of July and August, in tne year ot our determine the
Lord one thousand eight hundred and thirty-seven, accord- J-esentatives'^to'
ing to the foregoing principles, the number of representa- to^n^js'^entitied.
tives, which each city, town, and representative district is
entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and v/here any town has not a sufficient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same shall be done once in ten New apportion-
•^ ,1 ,-, 1 ji 1 •! 1 4.1 raent to be made
years, thereafter, by the governor and council, and the onceinevery number of ratable polls in each decennial census of polls, ^eu years. shall determine the number of representatives, which each city, town and represeni,ative district may elect as afore- said ; and when the number of representatives to be elected
40
CONSTITUTION OF THE
Inconsistent
pro\'i8ions
annulled.
Census of inhab- itants tobe taken In 1840, and de- cennially there- after, for basis of representa- tion.
Provisions as to census super- seded by amend- ments, Arts XXI. and XXII. Senatorial dis- tricts declared permanent Provisions as to senators super- seded by amend- ments, Art. XXII.
House of repre- sentatives, how apportioned. Provisions as to representatives superseded by amendments, Art. XXI.
Small towns, how repre- sented.
Towns may unite into repre- sentative dis- tricts.
by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years.
All the provisions of the existing constitution incon- sistent with the provisions herein contained, are hereby wholly annulled.]
Art. XIII. [A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the secretary's oflice, on or before the last day of June, of the year one thousand eight hundred and forty, and of every tenth year thereafter; Avhich census shall determine the apportionment of senators and repre- sentatives for the term of ten years. 122 Mass. 595.
The several senatorial districts now existing shall be permanent. The senate shall consist of forty members ; and in the year one thousand eight hundred and forty, and every tenth year thereafter, the governor and council shall assio:n the number of senators to be chosen in each district, according to the number ot inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district.
The members of the house of representatives shall be apportioned in the following manner : Every town or city containing twelve hundred inhabitants may elect one rep- resentative ; and two thousand four hundred inhabitants shall be the mean increasing number, which shall entitle it to an additional representative.
Every town containing less than twelve hundred inhab- itants shall be entitled to elect a representative as many times within ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the com- monwealth shall be settled.
Any two or more of the several towns may, by consent of a majority of the legal voters present at a legal meet- ing, in each of said towns, respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representa- tive district, to continue for the term of ten years ; and such district shall have all the rights, in regard to repre- sentation, which would belong to a town containing the same number of inhabitants.
COMMONWEALTH OF MASSACHUSETTS. 41
The number of inhabitants wlxh shall entitle a town Basis of repre-
, , , , , . 1 . , . . sentation, and
to elect one representative, and the mean mcreasmg num- ratio of increase. ber which shall entitle a town or city to elect more than one, and also the number by wdiich the population of towns not entitled to a representative every year is to be divided, shall be increased, respectively, l)y one-tenth of the num- bers above mentioned, whenever the population of the commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of one- tenth shall be made, respectively, to the said numbers al)ove mentioned.
In the year of each decennial census, the governor and J,|jf cmmcii°to council shall, l)efore the first day of September, apportion apportion the
, I /. . i'ii'j_x 1 number of rep-
the number ot representatives which each city, town, and resentatives of representative district is entitled to elect, and ascertain fu ever/teu"'^*^ how many years, within ten years, any town may elect a ^'^^^^' representative, which is not entitled to elect one every year ; and the governor shall cause the same to be pub- lished forthwith.
Nine councillors shall be annually chosen from among councillors to the people at large, on the first Wednesday of January, theVopieat'" or as soon thereafter as may 1)e, by the joint l)allot of the provkous as to senators and representatives, assembled in one room, who g°perlededby shall, as soon as may be, in like manner, fill up any vacan- ^'^j''"^™^"'^' cies that may happen in the council, by death, resignation, or otherw^ise. No person shall bo elected a councillor, who Qualifications of has not been an inhabitant of this commonwealth for the '^°'^"'^' °^^' term of five years immediately preceding his election ; and not more than one councillor shall be chosen from any one senatorial district in the commonwealth.]
No possession of a freehold, or of any other estate, shall quaHflc'ation'for be required as a qualification for holding a seat in either a seat in general
^ J . . ^ . ., court or council
branch oi the general court, or ni the executive council, not required.
Art. XIV. In all elections of civil officers by the peo- Elections by the pie of this commonwealth, whose election is provided for pfurafuy of '^ by the constitution, the person having the highest number '■'°^*"*- of votes shall be deemed and declared to be elected.
Art. XV. The meeting for the choice of governor, Time of annual lieutenant-governor, senators, and representatives, shall cmor and legi* be held on the Tuesday next after the first Monday in '"''"■'■ November, annually ; but in case of a failure to elect repre- sentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November.
42
CONSTITUTION OF THE
Eight council- lorB to be chosen by the people. 122 Mass. 595, 59S.
Legislature to district state.
Eligibility defined.
Day and manner of election, etc.
Vacancies, how filled.
For new pro- vision as to vacancies, see amendments, XXV.
Organization of the government.
Art. XVI. Eight councillors shall be annually chosen by the inhabitants of this commonwealth, qualitieil to vote for ffoveruor. The election of councillors shall be deter- mined by the same rule that is required in the election of governor. The legislature, at its first session after this amendment shall have been adopted, and at its first ses- sion after the next state census shall have been taken, and at its first session after each decennial state census thereafterwards, shall divide the commonwealth into eight districts of contiguous territory, each containing a number of inhaljitants as nearly equal as practicable, without divid- ing any town or ward of a city, and each entitled to elect one councillor : provided, however, that if, at any time, the constitution shall provide for the division of the common- wealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legisla- ture. No person shall be eligible to the office of council- lor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec- tion. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall l)e the same as are required in the election of governor. [Whenever there shall be a failure to elect the full num- l)er of councillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the senate ; and vacancies occasioned by death, removal from the state, or otherwise, shall be filled in like manner, as soon as may be, after such vacancies shall have happened.] And that there may be no delay in the organization of the govern- ment on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and coun- cillors ; and ten days l)efore the said first AVednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either of said officers, the choice shall be by them declared and published ; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the
COMMONWEALTH OF MASSACHUSETTS. 43
manner provided in the constitution for the choice of such officers.
Art. XVH. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen i,r"r!'^^uditoir' annually, on the day in November prescribed for the gene'Jai'^the choice of governor; and each person then chosen as such, people. duly qualitied in other respects, shall hold his office for the term of one year from the third Wednesday in Jan- uary next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of o-overnor. In case of a failure to elect y!?'=5°"e«' ^^"^
O . . filled.
either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room ; and in case the office of secretary, or treasurer and receiver- general, or auditor, or attorney-general, shall become va- cant, from any cause, during an annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large ; l)ut if such vacancy shall occur at any other time, it shall })e sup})lied by the governor l)y appointment, with the advice and con- sent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the ToqiLiiifywUh. offices aforesaid, shall neglect, for the space of ten days "uienvise ^office after he could otherwise enter upon his duties, to qualify vacan?.''""'"^ himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabit- ant of this commonwealth five years next preceding his election or a]ipointment.
Art. XVIII. All moneys raised by taxation in the school moneye towns and cities for the support of public schools, and pned for »ecta- all moneys which may be appropriated by the state for KoI'oriu'im.V the support of common schools, shall be applied to, and ^Xo'l? "oc '° expended in, no other schools than those which are con- conHtitution.
11 T 1 11 1 1 ii r.irH<ir8l, Art.
ducted according to law, under the order and superintend- iii.
44
CONSTITUTIOX OF THE
12 Allen, 500,
508.
103 Mass. 94, 96,
Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc., by the people. 8 Gray, 1. 13 Gray, 74. 110 Mass. 172, 173.
Reading consti- tution inEnglish and writing, necessary quali- ticatious of voters . Proviso. For other quali- fications, see amendments, Art. III. See also amend- ments. Art. XXIII., which was annulled by amendments. Art. XXVI.
Census of legal voters and of inhabitants, when taken, etc. See P. S. c. 31.
House of repre- sentatives to consist of 240 members. Legislature to apportion, etc. 10 Gray, 613.
ence of the authorities of the town or city in which the money is to be expended ; and such moneys shall never be ap])ropriated to any religious sect for the maintenance, exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general law, for the election of sherifts, registers of probate, com- missioners of insolvency, and clerks of the courts, by the people of the several counties, and that district ""ttorneys shall be chosen by the people of the several disi.:cts, for such term of office as the legislature shall prescribe.
117 Mass. 602, 603. 121 Mass. 6-3.
Art. XX. No person shall have the right to vote, or be eligible to office under the constitution of this common- v/ealth, who shall not be able to read the constitution in the English language, and write his name : jprovided, Jiow- ever, that the provisions of this amendment shall not apply to any person prevented by a physical disability from com- plying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take eflect.
Art. XXI. A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumer- ation shall be made of the legal voters ; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of representatives for the periods between the taking of the census.
The house of representatives shall consist of two hun- dred and forty members, which shall be apportioned by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration ; and the town of Cohasset, in the county of Norfolk, shall, for this pur- pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ;
COMMONWEALTH OF MASSACHUSETTS. 45
and it shall be the duty of the secretary of the common- secretaiy shaii
wealth, to certify, as soon as may be after it is determined authorized to"'
by the legislature, the number of representatives to which ''"'"^'^ couaties.
each county shall be entitled, to the board authorized to
divide each county into representative districts. The
mayor and aldermen of the city of Boston, the county
commissioners of other counties than Suffolk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suffolk,
such board of special commissioners in each county, to
be elected by the people of the county, or of the towns
therein, as may for that purpose be provided bylaw, —
shall, on the first Tuesday of August next after each ^i^^f^.'^^/o^
, ' . «' ~ division to be
assignment of representatives to each county, assemble at first Tuesday a shire town of their respective counties, and proceed, as Proceedings. soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made M-hich shall be entitled to elect more than three representatives. Every representative, for one year at least next preceding Qualifications of his election, shall have been an inhabitant of the district 122 Mass. sgir' for which he is chosen, and shall cease to represent such °^^' district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall l)e Districts to be numbered hy the board creating the same, and a descrip- desxribe^dknd tion of each, Avith the numbers thereof and the number of '^*^'""^®'^* legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each dis- trict, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their elec- tion, shall be prescribed by law. Not less than one ono hundred hundred members of the house of representatives shall ™,rorum""' constitute a quorum for doing business ; but a less num- ber may organize temporarily, adjourn from da}' to day, and compel the attendance of absent members.
Art. XXII. A census of the legal voters of each city Census, etc. and town, on the first day of ^May, shall be taken and returned into the office of the secretaiy of tli(> common- wealth, on or l)efore the last day of June, in the year one
46
CONSTITUTION OF THE
Voters to be basis of appor- tionment of senators.
Senate to consist of forty mem- bers.
Senatorial districts, etc.
See amend, ments, Art. XXIV.
Qualifications of senators.
Sixteen mem- bers a quorum.
Residence of two years re- quired of natu- ralized citizens, to entitle to suf- fraa;e or make eligible tooflice. This article annulled by Art. XXVI.
Vacancies in the senate.
Vacancies in the council.
thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enu- meration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportion- ment of senators for the periods between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next pre- ceding special enumeration, divide the commonwealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of l^gal voters, ac- cording to the enumeration aforesaid : ^^roivV/ecZ, however, that no town or ward of a city shall be diAndecl therefor ; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant of this com- monwealth five years at least immediately preceding his election, and at the time of his election shall be an inhab- itant of the district for which he is chosen ; and he shall cease'to represent such senatorial district when he shall cease to be an inhabitant of the commonwealth. Not less than sixteen senators shall constitute a quorum for doing- business ; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.
Art. XXIII. [No person of foreign birth shall be en- titled to vote, or shall l)e eligible to ofiice, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : i^rovided, that this amend- ment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, jjrovided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.]
Art. XXIY. Any vacancy in the senate shall be filled by election by the people of the unrepresented district, upon the order of a majority of the senators elected.
Art. XXV. In case of a vacancy in the council, from a failure of election, or other cause, the senate and house
COMMONWEALTH OF MASSACHUSETTS. 47
of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to till that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.
Art. XXVI. The twenty-third article of the articles Twenty-third of amendment of the constitution of this commonwealth, ments annuTied! which is as follows, to wit : " Xo person of foreign birth shall be entitled to vote, or shall be eligil)le to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amend- ment shall not aflect the rights which any person of foreign birth possessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom," is hereby wholly annulled.
Art. XXVII. So much of article two of chapter six otscersof of the constitution of this commonwealth as relates to may^be elected* persons holding the office of president, professor, or gen™ra7court. instructor of Harvard College, is hereby annulled.
Art. XXVIII. Xo person having served in the army Amended. or navy of the United States in time of war, and having mentsT^. been honorably discharged from such service, if otherwise ^^^^^• qualified to vote, shall be disqualified therefor on account of being a pau})er ; or, if a pauper, because of the non- payment of a poll-tax.
Art. XXIX. The general court shall have full power voting pre- and authority to provide for the inhabitants of the towns "°'^®*° in this Commonwealth more than one place of public meet- ing within the limits of each town for the election of of- ficers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. All the provisions of the existing constitution inconsistent with the provisions herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in voters not dia- elections for governor, lieutenant-governor, senators, and ^e^on of change representatives, shall, by reason of a change of residence u[,tTgfx mouths within the Commonwealth, be disqualified from voting for ,6^^'^™°**^ said officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal.
48 CONSTITUTION OF THE
Artfxxviii: Art. XXXI. Article twenty-eight of the Amendments
amended. of the Constitution is hereby amended by striking out in
the fourth line thereof the words " being a pauper", and
inserting in place thereof the words : — receiving or having
received aid from any city or town, — and also by striking
out in said fourth line the words " if a pauper", so that
the article as amended shall read as follows : Article
fe'i^^e^d in a?my XXVIII. No pcrson having served in the army or navy
ornayy, etc , ^f ^}jg United Statcs iu time of war, and having been hon-
not disqualified ,,ti t n i ..^, '? i-ni
from voting for orably discharged irom such service, it otherwise qualmed pouTaY.""^" ° to vote, shal'l be disqualified therefor on account of receiv- ing or having received aid from any city or town, or because of the non-payment of a poll tax.
The constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to oe adopted by them, provided tfl'o-thirds of the Azotes given should be in the aftirmative. Wlien the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the conven- tion accordingly Resolved, " That the said Constitution or Frame of Government shall take place on the last Wednesday of October next ; and not bef oi'e, for any purpose, save only for that of making elections, agi'eeable to this resolution." The first legislature assembled at Bos- ton, on the twenty-fifth day of October, 1780.
The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the jjeople, and by them ratified and adopted, April 9, 1821.
The tenth Article was adopted by the legislatiu'es of tiie political years 1829-30, and 1830-31, respectively, and was ajiproved and rati- fied by the people May 11, 1831.
The eleventh Article was adopted by the legislatures of the politi- cal years 18.')2 and 1833, respectively, and was approved and ratified by the people November 11, 1833.
The twelfth Article was adopted by the legislatures of the political yeai's 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836,
COMMONWEALTH OF MASSACHUSETTS. 49
The thirteenth Article was adopted by the legislatures of the polit- ical years 1839 and 1840, respectively, and was approved and ratified by the j^eople the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the legislatures of the political years 1854 and 1855, respectively, and ratified by the people the twenty-third day of May, 1855.
The twentieth, twenty-first, and twenty-second Articles were adopted by the legislatures of the j^olitical years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.
The twenty-third Article was adopted by the legislatui-es of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859, and was repealed by the twenty-sixth Amendment.
The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the peoi>le on the seventh day of May, 1860.
The twenty-sixth Article was adopted b}- the legislatures of the Iiolitical years 1862 and 1863, and ratified by the people on the sixth day of April, 1863.
The twenty-seventh Article was adopted by the legislatures of the political years 1876 and 1877, and was api3i"oved. and ratified by the people on the sixth day of November,- 1877.
The twenty-eighth Article was adopted by the legislatures of the political years 1880 and 1881, and was approved and ratified by the peojile on the eighth day of November, 1881.
The twenty-ninth Article was adopted by the legislatures of the political years 1884 and 1885, and was approved and ratified by the people on the third day of November, 1885.
The thirtieth and thirty-first Articles were adopted by the legis- latures of the political years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.
[A proposed Article of Amendment, prohibiting the manufacture and sale of Intoxicating Liquor as a beverage, adopted by the legis- latures of the political years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]
INDEX TO THE CONSTITUTION.
A.
Address of both houses of the legislature, judicial officers may be removed by governor with consent of council upon,
Adjutant-general, appointed by the governor, . . . . .
Adjutants, to be appointed by commanding officers of regiments,
Affirmations, instead of tlie required oaths, may be made by Quakers, 30
Agriculture, arts, commerce, etc., to be encouraged, . . . .
Alimony, divorce, etc.,
Amendment to the constitution, proposed in the general court, agi'eed to by a majority of senators and two-thirds of house present and voting thereon by yeas and nays ; en- tered upon the journals of both houses, and referred to the next general court ; if the next general court agrees to the proposition in the same manner, and to the same effect, it shall l)e submitted to the people, and, if approved by them by a majority vote, becomes a pai't of the con- stitution,
Apportionment of councillors, . 24
state to be divided into eight districts, ....
Apportionment of senators, 13
on basis of legal voters, and state to be divided into forty districts,
Apportionment of representatives, . . . . . 16, 39 to tlie several counties, made on the basis of legal voters,
Armies, dangerous to liberty, and not to be maintained without con sent of the legislature, ......
Arms, right of people to keep and to bear, for public defence.
Arrest, members of house of representatives exempted from, on mesne process, while going to, returning from, or attend ing the general assembly, ......
Arrest, search and seizure, right of, regulated, .... warrant to contain special designation, ....
Attornej^-gcneral, to be chosen by the people annually in November to hold office for one year from third Wednesday in January next thereafter, and until another is cliosen and qualified election d(;termincd by legislature, ..... in failure of election by the voters, or in case of decease of person elected, vacancy to be tilled by joint ballot of legis- lature from the two persons having the highest number of
votes at November election
51
Page
26 22 22 31,35 29 27
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37 |
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42 |
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42 |
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40, |
46 |
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4G |
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40 |
44 |
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44 |
18
7
7
21, 43
43 43
43
32 INDEX TO THE CONSTITUTION.
Page
Attorney-general, vacancy occuiTing during session of the legisla- ture, filled by joint ballot of legislature from the people at large, 43
vacancy occuiTing during recess of legislature, filled by gov- ernor by appointment, -with consent of council, ,. . 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
Attorneys, district, elected by the people of the several districts, . 44 Auditor, to be chosen by the people annually in November, . . 43
to hold office for one year from third Wednesday in .January
next thereafter, and until another is chosen and qualified, 43
election detennined by legislature, ...... 43
vacancy filled in same manner as in office of attorney-general, 43
not eligible, unless an inhabitant of the state for five years
next preceding election, . 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
B.
Bail or sureties, excessive, not to be required, 9
Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor for revisal, ... 10
to have force of law if signed by governor, .... 10
if objected to l)y governor in writing, to be returned to branch in which originated, and may be passed by t\vo- thirds of each branch present and voting thereon by yeas and nays, .......... 10
if not returned by governor within five days after presenta- tion, to have force of law, unless the legislature adjourns
before that time expires, 11, 34
Boards, public, to make quarterly reports to the governor, . . 22
Body politic, formation and nature of, 3
title of : The Commonwealth of Massachusetts, ... 10 Bribery or corruption used in procuring an appointment or election,
to disqualify from holding any office of trust, etc., . . 32
c.
Census of ratable polls, 38
of inhabitants, 40, 44, 45
of inhabitants and legal voters taken in the year 1865, and
every tenth year thereafter, . . . . • . 44, 46
enumeration of voters to determine the apportionment of
representatives, 44
INDEX TO THE CONSTITUTION. 53
Page
Cities, may be cliartered by tlie general court, if containing twelve thousand inhabitants and consented to by a majority
thereof, . 34
Civil officers, meeting for election to be held annually on the Tues- day next after the hrst Monday in November, . . . 41 whose election is provided for by the constitution to be
elected by a plurality of votes, 41
Clerks of courts, elected by the people of the several counties, . 44 Clerks of towns, to make records and returns of elections, . . 13 Colonial laws, not repugnant to the constitution, contmued in
force, ■••........ 32
Commander-in-chief, governor to be, 20
Commerce, agriculture and the arts, to be encouraged, ... 29 Commissary-general, appointed and commissioned as tixed by law, . 25, 35 Commission officers, tenure of office to be expressed in commissions, 20 Commissioners of insolvency, elected by the people of the several
counties, .......... 44
Commissions, to be in the name of the Commonwealth, signed by governor, attested by the secretary, and have the great
seal affixed, 32
Congi-ess, delegates to, 27
members of, may not hold certain state offices, , . 36
Constitution, amendment to, proposed in the general court, agreed to by a majority of senators and two-thirds of the house present and vothig thereon by yeas and nays; entered upon tlie journals of both houses, and refeiTed to the next general court; if the next general court agrees to the proposition in the same manner and to the same efiect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution, .
Constitution, provisions for revising,
to be enrolled on parchment, deposited in secretary's office, and printed in all additions of the laws, ....
Coroners, ............
CoiTuption or bribery used in procuring any appointment or elec- tion, to disqualify from holding any office of trust, etc.,
Council, live members to constitute a quorum,
eight councillors to be elected annually,
election to be determined by rule required in that of govei--
nor, 42
to take oath of office before the president of the senate in
presence of both houses of assembly, .... 29
to rank next after the lieutenant-governor, .... 25 resolutions and advice to be recorded in a register, and signed
by the members present, 25
register of council may be called for l)y either house, . . 25 to exercise the power of governor when office of governor
and lieutenant-governor is vacant, 25
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42 |
54 INDEX TO THE CONSTITUTION.
Page
Council, no property qualification required, 41
eight districts to be formed, eacli composed of five contiguous
senatorial districts, 42
eligible to election if an inhabitant of state for five years pre- ceding election, 42
term of office, 37
vacancy to be filled by election of a resident of the district by concurrent vote of the senate and house ; if legislature is not in session, to be filled by governor with advice of
council, 46, 47
Court, superior, judges not to hold certain other offices, ... 36 Court, supreme judicial, judges to have honorable salaries fixed by standing laws, and to hold office during good be- havior, . . . . • • • • • . 9, 23
judges not to hold certain other offices, 36
to give opinions upon important questions of law, etc. , when required by either branch of the legislature or by the
governor and council, 26
Courts, clerks of, elected by the people of the several counties, . 44
Courts, probate, provisions for holding, 26
registers elected by the people of the several counties, . 44
Courts and judicatories may be established by the general court, 11
may administer oaths or affirmations, . . . . 11
Crimes and oflences, prosecutions for, regulated, .... 7
Crimes to be pi'oved in the vicinity of where they happen, . . 7
D.
Debate, freedom of, in the legislature 8
Declaration of the rights of the inhabitants 4
Declaration and oaths of officers ; tests abolished, . . .29, 35, 36
Delegates to congress, 27
Departments, legislative, executive and judicial, to be kept separate, 9
District attorneys, elected by the people of the several districts, . 44 Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, 42
Districts, senatorial, forty, to be of adjacent territory, and to con- tain as near as may be an equal number of voters, . . 46 Districts, representative, to be established by commissioners in the
several counties, ....••••• 39, 45
Divorce, alimony, etc., 27
E.
Educational interests to be cherished, 29
Elections ought to be free ^
Elections, by the people, of civil officers provided for by the consti- tution, to be by plurality of votes, 41
INDEX TO THE CONSTITUTION.
55
Election of civil officers, meeting to be held annually on the first
Tuesday next after tlie first Monday in November, . , 41 in case of failure to elect representative, meeting to be held
on fourth Monday in November, 4^
Election returns,
Enacting style of laws, established,
Equality and natural rights of all men,
Estates, valuation to be taken anew once at least every ten years,
Executive department, not to exercise legislative or judicial powers,
Ex post facto laws, declared unjust and oppressive, . . . .
13, 42
33
4
12
9
9
F.
Felony and treason, no subject to be declared guilty of, by the legis- lature,
Fines, excessive, not to be imposed,
Frame of government,
Freedom of speech and debate in the legislature, . . . .
Freehold, possession of, not recjuired as qualification for seat in the general court or council,
Fundamental principles of the constitution, a frequent recurrence to, recommended,
9
9
10
41
G.
General court, to assemble freqiJently for redress of gi-ievances, and
for making laws,
freedom of speech and debate in, ]
not to declare any subject to be guilty of treason or felony
formed by two branches, a senate and house of representa- tives, each having a negative on the other .
to assemble eve^ year on the first Wednesday of January, at such other times as they shall judge necessary, and when- ever called by the governor with the advice of council, 10,
may constitute and erect judicatories and courts,
may make wholesome and reasonable laws and ordinances not repugnant to the constitution
may provide for the election or appointment of officers, and prescribe their duties,
may impose taxes, etc., to be used for the public service,
to be dissolved on the day next preceding the first We'dnes day of January,
travelling expenses of members,
may be adjourned or prorogued, upon its request, by the gov ernor with advice of council, . .
session may be directed by governor, with advice of council to be held in other than the usual place in case of an infee tious distemper prevailing,
19,
20,
9 10
11
11 12
19
19, 20
56 INDEX TO THE CONSTITUTION.
Page General court, judicial officers may be removed upon address of, . 26 person convicted of bribery, not to hold seat in, ... 32 may increase property qualifications of persons to be elected
to office, 32
certain officers not to have seats in, 31
may be prorogued by governor and council for ninety days, if
houses disagree, etc., 20
to elect major-genei'als by concurrent A'ote, .... 21
empowered to charter cities, ....... 34
to determine election of governor, lieutenant-governor and
councillors, .......... 41, 42
to prescribe by law for election of slierifts, registers of probate and commissioners of insolvency by tlie people of the counties, and district attornej's by the people of tlie
districts, 44
Government, objects of 3, 5, 6
Government by the people, as a free, sovereign and independent
state, 5
Governor, tiie supreme executive magistrate, st5ded, — Tlie Gover- nor of the Commonwealth of Massachusetts; with the title of, — His Excellency ; elected annually, . . . IS qualifications, — to have been an inhabitant of tlie state for
seven years, and have freehold of £1,000 value, . . 18,35
term of office, 37
should have an honorable stated salary, 23
the commander-in-chief, of the arifl}'^ and navy, but may not
oblige them to go out of the limits of the state, . . 20, 21
to appoint the adjutant-genei'al, 22
may call together the councillors at any time, .... 19
not to hold certain other offices, 31
to talve oaths of office before president of the senate in pres- ence of the two houses of assembly, . f. . . . 31
to sign all commissions, 32
election determined by the legislature, . . . . . 42, 43
veto power, .......... 10
vacancy in office of, powers to he exercised by the lieutenant- governor, .......... 24
vacancy in office of governor and lieutenant-governor, powers
to be exercised by the council, 25
with advice of council, may adjourn or prorogue tlie legisla- ture upon request, and convene the sauie, .... 19 majr adjourn or prorogue the legislature for not exceeding ninety days wlien houses disagree, or ma}^ direct session to lie held in other than the usual place in case of an in- fectious distemper prevailing, 19
to appoint all judicial officers, notaries public and coroners; nominations to be made at least seven days before appoint- ment, 21, 35
INDEX TO THE CONSTITUTION. 57
Page Governor, to appoint oflicers of the continental arraj', ... 22 may pardon ofl'ences, but not before conviction, . . . 21 may fiU vacancy iu council occurring when legislature is not
in session, 47
with consent of council, may remove judicial officers, upon
the address of both houses of the legislature, ... 26 Governor and council, to examine election returns, . . . . 14, 42
may punish persons guilty of disrespect, etc., by imprisou-
meut not exceeding thirtj^ daj's, . . . . . . 17, 18
quorum to consist of governor and at least live members of
the council, 19
maj^ require the attendance of the secretary of the common- wealth iu person or by deputy, 2G
H.
Habeas corpus, privilege of writ to be enjoyed in the most ample manner, and not to be suspended by legislature except iipon most urgent occasions, . . . . . . 32
Harvard College, powers and privileges, gifts, grants and convey- ances confirmed, . . . . . . . . . 27, 28
boai'd of overseers established, but the government of the
college may be altered by legislature, .... 28
officers may be elected meral)ers of the general court, . . 47 Hereditary offices and privileges, absurd and unnatural, . . . 5, G House of Representatives, members may be instructed by the people, 8
a representation of the people annually elected and founded
upon the principle of equality, . . . . . . IG
may impose fines upon towns not choosing members, . . IG expense of travel once every session each way, to be paid l)y
the government, IG
to enter objections made by governor to a bill or resolve at
large upon records, 10
qualifications of members, . . . . . .17,41,45
must be an inhabitant of district for one j'ear preceding elec- tion, and sliall cease to be a member when ceasing to be an inhabitant of the state, ....... 45
members not to ))e arrested on mesne process during going to,
return from, or attending the general assembly, . . 18 the grand inquest of the commonwealth, . . . . . 17
to originate all money bills, but the senate may proi)osf or
concur with amendments, 17
not to adjourn more than two days at a time, . . . . 17 one himdred members constitute a quorum, . . . .17,4.") to choose officers, establish its rules, etc., . . . . 17
may punish by imprisonment, not exceeding tliirty days, jK-r-
sous guilty of disrespect, etc. ; trial may be by connnitt';e, 17, IS
58 INDEX TO THE CONSTITUTION.
Page House of Representatives, privileges of members, .... 18
may require tlie attendance of scci'etary of the comraonwealtli
in person or by deputy, 26
may require tlie opinions of tlie justices of tlie supreme judi- cial court upon important questions of law, and upon solemn occasions, 26
meeting for election to be lield on the Tuesday next after the
fii'st Monday of November, 41
in case of failure to elect, meetmg to be held on the fourth
Monday of November, 41
to consist of two hundred and forty members, apportioned to the several counties equally, according to relative number of legal voters, 44
commissioners to divide counties into representative districts of contiguous territory, but no town or ward of a city to be divided, 45
no district entitled to elect more than three representatives, . 45
board authorized to divide county into districts, to be certi- fied to by the secretary, tlie number of representatives to which the count}' is entitled, 45
I.
Impeachments, by the house of representatives, to be tried by the senate; limitation of sentence; party convicted liable to
indictment, 15, 16
Incompatible offices, 31, 36
" Inhabitant," the word defined, 13
Inhabitants, census to be taken in 18G5, and every tenth year there- after, 38, 40, 44, 45
Insolvency, commissioners of, elected by the people of the several
counties, 44
Instruction of representatives, »
J.
Judges of courts may not hold certain other offices, . . . . 31, 36 Judges of the supreme judicial court, to hold office during good behavior, and to have honorable sailaries established by
standing laws, 9, 23, 26
to give opinions upon important questions of law, etc., when required by the governor and council, or either branch of
legislature, 26
not to hold certain other offices, 31
Judicatories and courts, may be established by the general com-t, . 11
may administer oaths or affirmations, 11
Judicial department, not to exercise legislative or executive powers, 9
INDEX TO THE CONSTITUTION. 59
Pag«
Judicial officers, appointed l)y the governor with consent of coun- cil ; nominations to be made seven days prior to appoint- ment, 21
to hold office dmnng good behavior, except when otherwise
provided by the constitution, ...... 26
may be removed from oflice by the governor, upon tlie address
of both houses of the legislature, 26
Jury, trial by, i-ight secured, 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26
L.
Law-martial, only those employed in the army and navy, and the militia in actual service, suljject to, except by authority of the legislature, ........ 9
Laws, every person to have remedy in, for injury to person or prop- erty, 6
power of suspension or execution of, only in the legislature, 8
ex post facto, prohibited as unjust and inconsistent with free
government, 9
of province, colony and state, not repugnant to the constitu- tion, continued in force, 32
Legislative power, 9
Legislative department, not to exercise executive or judicial powers, 9
Legislatm-e (see General Court).
Liberty of the press, essential to the security of freedom, . . 8 Lieutenant-governor, to be annually elected in November, — title of. His Honor; Avho shall be qualilied in property and resi- dence same as governor, 23, 37, 41
in the absence of governor, to be president of tlie council, . 24 to be acting governor when the chair of the governor is
vacant, 24
to take oath of office l^ef ore president of tlie senate in presence
of both houses, 31
not to hold certain other offices, 31
term of office, 37
Literature and the sciences to be encom*aged, 29
M.
Magistrates and officers, accountable to the people, .... 5 Magistrates and courts, not to demand excessive bail, impose exces- sive fines, or inflict cruel punishments, .... 9 Major-generals, elected by senate and house of representati\^es I)}''
concurrent vote, 21
may appoint their aids, 22
60
INDEX TO THE CONSTITUTION.
MaiTiage, divoi'ce and alimony, ...... .
Martial law, onlj- those employed in the army and navy, and the militia in actual service, subject to, except by authority of
leajislature,
Militarj^ power, subordinate to civil authority, ....
Militia, not to be obliged by commander-in-chief to march out of the limits of the state, .......
captains and subalterns, elected by the train-bands, .
all members of companies may vote, including minors, .
field oftlcers, elected by captains and subalterns, . .
brigadiers, elected by field officers,
major-generals, elected by senate and house of representatives by concurrent vote, .......
mode of election of officers to be fixed by standing laws,
if electors refuse to elect, governor with advice of counci
may appoint oflicers,
officers commissioned to command may be removed as may
be prescribed by law,
appointment of stall' officers, ......
organization ; divisions, brigades, regiments and companies. Money, issued from treasury by warrant of governor, etc.,
mentioned in the constitution, to be computed in silver at six shillings and eightpence per ounce, ....
Monej' bills, to originate in house of representatives,
Moneys, raised or appropriated for public or common schools, not
to be applied for support of sectarian schools, . Moral obligations of lawgivers and magistrates, Moral qualifications for office,
Page 27
21 21, 35 35 21 21
21 21
22
22
17 43
Notaries public, to be appointed by governor with advice of council, 25, 35 may be removed by governor with advice of council, upon
address of both houses, 35
o.
Oaths and affirmations, may be administered by courts and judica- tories, ........... 11
how and by whom taken and subscribed, . . . 29, 30, 31, 35
forms of, 29, 30, 35
Quakers may affirm, 31, 35, 36
to be taken by all civil and military officers, .... 35
Objects of government, 3, 6
Oflences and crimes, prosecutions for, regulated, .... 7
Office of trust, person convicted of bribery, etc., not to hold, . . 32 Office, rotation in, right secured 6
INDEX TO THE CONSTITUTION. 61
Page Office, all persous having the prescribed qualiflcatious equally eli- gible to 6
no person eligil^le to, unless they can read and write, . . H Offices, plurality of, prohibited to governor, lieutenant-governor and
judges, 31,36'
incompatible, 31,32,36
Officers, civil, legislature may provide for the naming and settling
of, 11
Officers, commission, tenure of office to be expressed in commis- sions, 26
Officers, judicial, to hold office during good behavior, except, etc., . 26 may be removed by governor, with consent of council, upon
the address of both houses of the legislature, ... 26
Officers of former government, continued, 83
Officers of the militia, election and appointment of , . . . . 21
removal of, 22, 35
Officers and magistrates, accountable to the people, .... 5
Organization of the militia, 22
P.
Pardon of offences, governor with advice of council may gi'ant, but
not before conviction, 21
People, to have the sole right to govern themselves as a free, sover- eign and independent state, ...... 6
liave a right to keep and to l)ear arms for the public defence, 8 have a right to assemble to consult upon the common good, to instruct their representatives, and to petition legisla- ture, 8
Person and property, remedy for injuries to, should be in the laws, . 6
Petition, right of, 8
Plantations, unincorporated, tax-paying inhabitants may vote for
councillors and senators, 14
Plurality of offices, 81
of votes, election of civil officers by, 41
Political year, begins on the tirst Wednesday of January, ... 37
Polls, ratable, census of, . 38
Preamble to constitution, 3
Press, liberty of, essential to the security of freedom, ... 8
Private property taken for public uses, compensation to be made for, 6
Probate courts, provisions for holding, 26
registers, elected by the people of the several counties, . . 21, 44
judges maj'' not hokl certain other offices, ... 36
Property qualification, may ])e increased by the legislature, . . 32
partially abolished, 41
Prosecutions for crimes and oflences regulated, 7
62 INDEX TO THE CONSTITUTION.
Page Provincial laws, not repugnant to tlie constitution, continued in
force, 32
Public boards and certain officers to malvc quarterly reports to tlie
governor, 22
Public officers, right of people to secure rotation, .... 6 all persons having the prescribed qualitlcations equally eli- gible, 6
Public notary (see Notary public).
Public religious Avorship, right and duty of, 4
Punishments, cruel and unusual, not to be inflicted, .... 9
Q.
Quakers, may make affirmation, 31,35
Qualiflcation of persons to be elected to office may be increased I)y
the legislature, 32
Qualification, property, of governor and lieutenant-governor, . . 18, 23
Qualification, property, partially abolislied, 41
Qualifications of a voter 13, 17, 34, 44, 4(5, 47, 48
of governor, . . . . . . . . . . 18, 43
of lieutenant-governor, 23, 43
of councillors, . 41,43
of senators, 15, 40, 46
of representatives, 16,41,45
of secretary, treasurer, auditor, and attorney -general, . . 43 Qualifications, moral, of officers and magistrates, .... 8
Quartermasters, appointed by commanding officers of regiments, . 22 Quorum of council, to consist of five members, . . .19, 24, 42
of senate, to consist of sixteen members 16, 46
of house of representatives, to consist of one hundred
members, 17, 45
R.
Ratable polls, census of, 38
Reading and writing, knowledge of, necessary qualifications for
voting or holding office, 44
Records of the commonwealth to be kept in the oflice of the secre- tary, 26
Register of the council, resolutions and advice to be recorded in, and
signed by members present, 25
Registers of probate, chosen by the people of the several counties, . 21, 44
Keligious denominations, equal protection secured to all, . . . 5, 38 Religious sect or denomination, no suboi'dination of one to another
to be established by law, 5, 38
Religious societies, may elect their own pastors or religious teachers, 5, 38
membership of, defined, • • 38
INDEX TO THE CONSTITUTION. 63
Pago Religious worship, pu1)lic, riglit and duty of, and protection tliereiu, 4
support of tlie ministry, and erection and repair of houses of
worship, . . . . . . . . . 4, 5, 38
Remedies l\y recourse to the law, to be free, complete and prompt, . 6
Representatives (see House of Representatives). Resolves (see Bills and Resolves).
Returns of votes, 13, 19, 42, 43
Revision of constitution provided for in the year 1795, ... 33 Rights, declaration of, 4
s.
Sailors and soldiers, wlio liave served, etc., during time of war, not disqualified from voting on account of non-payment of
poll tax, 48
Salary, a stated and honorable salary to be established for the gov- ernor, ........... 23
permanent and honoraljle salaries to ha established for ,the justices of tlie supreme judicial court, and to be enlarged
if not sufficient 9,23
School moneys, not to be appropriated for sectarian schools, . . 44 Seal, great, of the commonwealtli to be affixed to all commissions, . 32 Search, seizure and arrest, right of, regulated, ..... 7
Secretary of the commonwealth, to l)e chosen by tlie people annually
in November, . . . • 25, 43
to liold office for one year from third Wednesday in January
next, thereafter, and until anotlier is chosen and qualified, 43
manner of election, etc., same as governor, .... 43
iu failure of election by voters, or in case of decease of person elected, vacancy to be filled by jomt ballot of legislature from the two persons having the highest number of votes at November election, 43
vacancy occurring during session of tlie legislature, filled by
joint ballot of tlie legislature from the people at large, . 43
vacancy occurring when legislature is not in session, to be filled by governor, by appointment, with advice and consent of council, .......... 35, 43
not eligible, unless an inliabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ...... 43
records of commonwealth to be kept in office of, ... 26
may appoint deputies, for whose conduct he shall be; account- able 20
to attend governor and council, senate and house, in person or
by deputies, as they shall require, 2(5
to attest all commissions, ........ 32
to certify to board authorized to divide county into districts, the
number of representatives to which the county is entitled, 45
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64 INDEX TO THE CONSTITUTION.
Page Sectarian schools, not to be maintained at public expense, . . 44 Selectmen, to preside at town meetings, elections, etc., ... 13
Self-government, right of, asserted, 5
Senate, the first branch of the legislature, 10, 13
to consist of forty members, apportionment, etc., . . 12, 39, 4G
to be cliosen annually, 13
governor and at least five councillors, to examine and count
votes, and issue summonses to members, .... 14
to be final judges of elections, returns and qualifications of
their own members, ........ 14
vacancy to be filled l)y election, by people of the district, upon order of majority of senators elected,
qualifications of a senator,
not to adjourn more than two days at a time, .
to choose its officers and establish rules, ....
shall try all impeachments, ......
sixteen meml:)ers constitute a quorum, ....
ma.v punish for certain ofieuces ; trial may be b^' committee, may require the attendance of the secretary of the common- wealth in person or by deputy, 2G
may require the opinions of the justices of the supreme judicial court upon important questions of law, and upon
solemn occasions, 26
to enter objections, made by governor to passage of a bill or
resolve, at large on records, . . . . . . 10
districts, forty in number, to be of adjacent territory, and to
contain, as near as may be, an equal number of voters, . 4G apportionment based upon legal voters, . . . . . 4G
Sheriffs, elected by the people of the several counties, . . . 21, 44 Sih-er, value of money mentioned in the constitution to lie computed
iu silver at six shillings and eightpence per ounce, . . 32 Soldier, not to be quartered iu any house, in time of peace, without
consent of owner, 0
Soldiers and sailoi's, who have served in time of war, etc., not dis- qualified from voting on account of non-payment of poll
tax, 48
Solicitor-general, 21
Standing armies, dangerous to liberty and not to be maintained with- out consent of the legislature, ...... 8
State or body politic, entitled, — The Commonwealth of Massachusetts, 10 Supreme judicial court, judges to have honorable salaries fixed by
standing laws, and to hold office during good behavior, . 9, 23 to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the gov- ernor and council, 2G
not to hold certain other oflices, 31, 3G
Sureties of bail, excessive, not to be reciuired, 9
INDEX TO THE CONSTITUTION. 65
T.
Page Taxation should be founded on consent, . . . . . . 6, 8
Taxes, not to be levied without the consent of the people or their
representatives, ......... 8
may be imposed by the legislatvu'e, ...... 12
valuation of estates, to be taken anew once at least every ten
years, 12
Tenure that all commission officers shall ])y law have in their offices,
shall be expressed in their commissions, .... 26
Tests abolished, 36
Title of body politic : The Commonwealth of Massachusetts, . . 10
Title of governor to be, — His Excellency, 18
Title of lieutenant-governor to be, — His Honor, .... 23 Town clerlv, to mal<e record and return of elections, . . . . 13
Town meetings, seloctnien to preside at, 13
Town representation in the legislature, 16,39,40
Towns, voting precincts in, ........ 47
Travelling expenses of members, to general assemblj' and returning home, once in every session, to be paid by the govern- ment, 16
Treason and felony, no subject to be declared guilty of, by tiie
legislature, .......... 9
Treasurer and receiver-general, to be chosen by tlie i)eople annually
in November, ........ 25, 26, 43
to hold office for one year from third Wednesday in January
next thereafter and until another is chosen and qualitied, . 43 manner of election, etc., same as governor, .... 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
no man eligible more tlian five years successively, . . . 25, 26 in failure of election by voters, or in case of decease of pei'son elected, vacancy to be filled by joint ballot of legislature from tlie two persons having the highest number of votes
at November election, 43
vacancy occurring during session of the legislature, filled b}''
joint ballot of the legislature from the people at large, . 43 vacancy occurring when legislature is not in session, to he filled by governor, ))y appointment, with advice and con- sent of the council, 35,43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
Treasury, no moneys to ))e issued from, but upon tlie warrant of
governor, except, etc., 22
Trial by jury, right to, secured, 7
guaranteed in criminal cases, except in army and navy, . . 7
66 INDEX TO THE CONSTITUTION.
U.
Page University at Cambridge, , , . 27, 28, 47
Y.
Vacancy in office of governor, powers to be exercised by lieutenant- governor, ......=... 24
Vacancy in offices of governor and lieutenant-governor, powers to
be exercised by the council, 25
Vacancy in the council, to be filled bj^ the election of a resident of the district by concurrent vote of the senate and house ; if legislature is not in session, to be filled by governor with
advice of the council, 42, 47
Vacancy in the senate to l)e filled by election by the people upon the
order of a majority of senators elected, . . . . 15, 46 Vacancy in office of secretary, treasurer, auditor and attorney-gen- eral, caused by decease of person elected, or failure to elect, filled by joint ballot of legislature from the two persons having highest number of votes at November election, .....,..., 43 occurring during session of legislature, filled by joint ballot
of legislature from people at large, . = . . . 43 occurring when legislature is not in session, to be filled by
governor, by appointment, with advice of council, . . 35, 43 Vacancy in militia office, filled by governor and council, if electors
neglect or refuse to make election, 21,22
Valuation of estates, to be taken anew once in every ten years at
least, c ... 12
Veto power of the governor, 10
Voters, qualifications of, at elections for governor, lieutenant-gover- nor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 not disqualified on account of non-payment of poll tax if they
have served in the army or navy in time of war, etc., . 48 male citizens, twenty-one years of age, who have resided in the state one year, and within the town or district six months, who have paid a state or county tax within two years next preceding the election of state officers, and such as are exempted by law from taxation, but in other respects qualified, and who can write their names and read the constitution in the Englisii language, . , 17, 34, 44 the basis upon which tlie apportionment of representatives
to the several counties is made, 44
basis of apportionment of senators, . . ... 46
census of voters to be taken in 1865, and every tentli year after, 44, 46
Votes, returns of, 13, 19, 42, 43
plurality of, to elect civil officers 41
Voting precincts in towns, 47
INDEX TO THE CONSTITUTION. 67
w.
Page "Worship, public, the right and duty of all men, .... 4
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap and expeditious manner, and not to be suspended by legislature, except for a limited time, .... 32
Writs, to be issued in the name of the commonwealth under the seal of the court, bear test of the first justice, and be signed
l)y the clerli, 32
Writing and reading, necessary qualifications for voting, or holding
oflice, 44
Y.
Year, political, begins on the first Wednesday of Januai'y, . . 37
ACTS A'ND EESOLVES
MASSACHUSETTS.
1891.
Ji@=° The General Court of 1891 assembled on Wednesday, the seventh day of January. The oaths of office required by the Constitution to be administered to the Governor and Lieutenant-Governor elect were taken and subscribed by His Excellency William E. Russell, and His Honor William H. Haile, on Thursday, the eighth day of January, in the pres- ence of the two Houses assembled in convention.
ACTS AND RESOLVES.
An Act making appuopriations for the compensation and ni^rfnr. 1
MILEAGE OF THE MEMBERS OF THE LEGISLATURE, FOR THE COMPENSATION OF OFFICERS THEREOF, AND FOR EXPENSES IN CONNECTION THEREWITH.
Be it enacted by the Senate and House of Representatives in General Court assembled^ and by the authority of the same, as folloivs :
Section 1. The sums hereinafter mentioned are ap- Appropriations. propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to wit : —
For compensation of senators, thirty thousand seven senators, com- hundred and fifty dollars. ptu^aion.
For the mileage of senators, a sum not exceeding four Mileage. hundred and fifty dollars.
For compensation of representatives, one hundred and ?ves?compea. eighty thousand seven hundred and fifty dollars. sation.
For the mileage of representatives, a sum not exceed- Mileage. ing twenty-five hundred dollars.
For compensation of the chaplains of the senate and Chaplains. house of representatives, three hundred dollars each.
For the salaries of the doorkeepers of the senate and Doorkeepers. house of representatives, fourteen hundred dollars each.
For compensation of the assistant doorkeepers, post- Postmaster,
, 1 1 J^ J 1 I p messengeis and
master, messengers and pages to the senate and house or pages. representatives, a sum not exceeding twenty-four thou- sand one hundred dollars.
For continijent expenses of the senate and house of contingent
~ I Til expenses.
representatives, and necessary expenses in and about the state house, a sum not exceeding seven thousand dollars.
For expenses in connection with the publication of a Legislative bui- legislative bulletin of committee hearings, a sum not ex- ceeding one thousand dollars.
For the payment of postage and expressagc on docu- Postage, etc., on ments sent to members of the general court, to include to rnrrabers."^"
650
1891. — Chapter 2.
Witnesses be- fore commit- tees.
Expenses of committees.
expenses incurred in packing the same, a sum not exceed- ing fifteen hundred dolhirs.
For expenses of summoning witnesses before commit- tees, and for fees for such witnesses, a sum not exceeding two hundred dollars.
For authorized expenses of committees of the present legislature, to include clerical assistance to committees authorized to employ the same, a sum not exceeding fifteen thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 2, 1891.
Chap.
2 An Act making appropriations for the maintenance of the government for the present year.
Be it enacted, etc., as foUoivs : Appropriations. Section 1. The suuis hereinafter mentioned are ap- propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, except as herein provided, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-one, to wit : —
Clerks of senate and house.
Assistant clerks.
Additional cleri- cal assistance.
Sergeant-at- arma.
Clerk.
Engineer.
Messengers.
LEGISLATIVE DEPARTMENT.
For the salaries of the clerks of the senate and house of representatives, three thousand dollars each.
For the salaries of the assistant clerks of the senate and house of representatives, fifteen hundred dollars each.
For such additional clerical assistance for the clerks of the senate and house of representatives as may be neces- sary for the despatch of public business, a sum not exceed- ing three thousand dollars.
For the salary of the sergeant-at-arms, three thousand dollars.
For the salary of the clerk of the sergeant-at-arms, eighteen hundred dollars.
For the salary of the engineer at the state house, fifteen hundred dollars.
For the salaries of the watchmen at the state house, one thousand dollars each.
For the salaries of the three messengers to the sergeant- at-arms, known as seroeant-at-arms' messengers, eleven hundred dollars each.
1891. — Chapter 2. 651
For the salaries of the fireman at the state house and firemen and fireman and janitor at the Commonwealth building, nine hundred dollars each.
For the salary of the assistant fireman at the state house, Assistant fire- two dollars and one-half per day for each day employed. ™''°'
EXECUTIVE DEPARTMENT.
For the compensation of the lieutenant-governor, two Lieutenant gov- thousand dollars, and for the executive council, six thou- ciT°^''°' '^°"°' sand four hundred dollars. For the travelling expenses of the executive council, a sum not exceeding five hun- dred dollars.
For the salary of the private secretary of the governor. Private secre- two thousand dollars. ^^^^'
For the salary of the executive clerk of the governor Executive ciei-k. and council, seventeen hundred dollars.
For the salary of the messenger of the governor and Messenger. council, one thousand dollars.
secretary's department.
For the salary of the- secretary of the Commonwealth, Secretary. thirty-five hundred dollars.
For the salary of the first clerk in the secretary's depart- First cierk. inent, two thousand dollars.
For the sahny of the second clerk in the secretary's second cierk. department, seventeen hundred dollars.
For the salary of the third clerk in the secretary's Third cierk. department, fifteen hundred dollars.
For a messenger and such additional clerical assistance Extra clerks and
, J. a J 4- T messenger.
as the secretary may find necessary, a sum not exceeding thirteen thousand dollars.
treasurer's department.
For the salary of the treasurer and receiver-general. Treasurer. five thousand dollars.
For the salary of the first clerk in the treasurer's depart- F''"8t cierk. ment, twenty-five hundred dollars.
For the salary of the second clerk in the treasurer's second cierk. department, two thousand dollars.
For the salary of the cashier in the treasurer's depart- cashier. ment, two thousand dollars.
For the salary of the third clerk in the treasurer's Third cierk. department, fourteen hundred dollars.
652
1891. — Chapter 2.
Fund clerk.
Receivinsr teller.
Paying teller.
Extra clerks.
Deputy sealer of weights and measures.
For the salary of the fund clerk in the treasurer's department, fourteen hundred dollars.
For the salary of the receiving teller in the treasurer's department, fourteen hundred dollars.
For the salary of the paying teller in the treasurer's department, fourteen hundred dollars.
For such additional clerical assistance in the treasurer's department as ma}^ be necessary for the despatch of public business, a sum not exceeding one thousand dollars.
For the salary of the deputy sealer of weights, meas- ures and balances, twelve hundred dollars.
Tax commis- sioner and com- missioner of corporatiotis. First clerk.
Second clerk.
Extra clerks.
TAX COMMISSIONERS DEPARTMENT.
For the salary of the tax commissioner and commis- sioner of corporations, thirty-five hundred dollars.
For the salary of the first clerk in the department of the tax conniiissioner, two thousand dollars.
For the salary of the second clerk in the department of the tax commissioner, fifteen hundred dollars.
For such additional clerical assistance as the tax com- missioner and commissioner of corporations may find necessary for the despatch of public business, a sum not exceedins fourteen thousand dollars.
Auditor.
First clerk.
Secoud clerk.
Extra clerks.
auditor's department.
For the salary of the auditor of the Commonwealth, thirty-five hundred dollars.
For the salary of the first clerk in the auditor's depart- ment, two thousand dollars.
For the salary of the second clerk in the auditor's department, seventeen hundred dollars.
For the salaries of the three extra clerks in the auditor's department, twelve hundred dollars each ; and for such additional clerical assistance as the auditor may find neces- sary, a sum not exceeding five hundred dollars.
Attorney-gen- eral.
First assistant.
Second assist- ant.
ATTORNEY-GENERALS DEPARTMENT.
For the salary of the attornej^-general, five thousand dollars.
For the salary of the first assistant attorney-general, twenty-five hundred dollars.
For the salary of the second assistant attorney-general, fifteen hundred dollars.
1891. — Chapter 2. ' 653
COMMISSIONERS AND OTHERS.
For the salary of the chairman of the commissioners Commissioners of savings banks, thirty-five hundred dollars. banks'clair-
For the salaries of the two associate commissioners of ™^°' . .
Ill 1 Till Associate com-
savings banks, three thousand dollars each. missioners.
For the salary of the first clerk of the commissioners First cieris. of savings banks, fifteen hundred dollars.
For the salary of the second clerk of said commis- second cierk. sioners, twelve hundred dollars.
For the salary of the insurance commissioner, thirty- insurance com- five hundred dollars. """°°'*'-
For the salary of the deputy insurance commissioner, Deputy. twenty-five hundred dollars.
For the salary of the first clerk of the insurance com- First cierk. missioner, two thousand dollars.
For the salary of the second clerk of the insurance second cierk. commissioner, fifteen hundred dollars.
For the salary of the third clerk of the insurance com- Tiiird cierk. missioner, twelve hundred dollars.
For such additional clerks and assistants as the insur- Extra clerks, ance commissioner may find necessary for the despatch of ^ '^' public business, a sum not exceeding twelve thousand nine hundred and fifty dollars.
For the salary of the inspector of gas meters, two inspector of gas thousand dollars. me ers.
For the salary of the assistant inspector of gas meters. Assistant twelve hundred dollars. mspecoi.
For the salary of the secretary of the commissioners of ^°™! prisons, twenty-five hundred dollars. "etary
For clerical assistance in the office of the commissioners clerical assist- of prisons, a sum not exceeding twenty-five hundred '^"'^^' .dollars.
For the salaries of agents to the commissioners of -Agents. prisons, twenty-four hundred dollars.
For the salary of the agent for aiding dischar«:ed female Agent fordis- prisoners, a sum not exceeding seven hundred and prisolfersr'" seventy-five dollars.
For the salaries of the railroad commissioners, eleven Railroad com-
ji 1 1 11 missioners.
thousand dollars.
For the salary of the clerk of the railroad commis- cierk. sioners, twentj'^-five hundred dollars.
For the salary of the accountant of the railroad com- Accountant. missioners, twenty-five hundred dollars.
missioners isous, sec-
654
1891. — Chapter 2.
ABsayer and inspector of liq- nors.
Bureau of statis- tics of labor, chief.
First clerk.
Second clerk.
Extra clerks and expenses.
Statistics of manufactures.
Commissioner on state aid.
Clerical assist- ance and ex- penses.
Harbor and land commissioners.
Engineer and assistants.
Civil service commission.
Gas commis- sioners.
Controller of
county
accounts.
State board of arbitration.
Commissioner of foreign cor- porations.
For the salary of the assay er and inspector of liquors, twelve hundred dollars.
For the salary of the chief of the bureau of statistics of labor, twenty-five hundred dollars.
For the salary of the first clerk in the bureau of statis- tics of labor, eighteen hundred dollars.
For the salary of the second clerk in the bureau of sta- tistics of labor, fifteen hundred dollars.
For such additional assistance and for such expenses of the bureau of statistics of labor as may be necessary, a sum not exceedino; five thousand dollars.
For expenses in connection with the annual collection of statistics of manufactures, a sum not exceeding sixty- five hundred dollars.
For the salary of the third commissioner on state aid, eighteen hundred dollars.
For clerical assistance, salary and expenses of agents, and other necessary expenses of the commissioners on state aid, a sum not exceeding six thousand four hundred and sixty dollars.
For salaries of the harbor and land commissioners, five thousand five hundred dollars.
For the compensation and expenses of the engineer, for clerical and other assistants authorized by the harbor and land commissioners, a sum not exceeding thirty-five hun- dred dollars.
For the salary of the chief examiner of the civil service commission, three thousand dollars ; and for the salary of the secretary of said commission, two thousand dollars.
For the salaries of the gas commissioners, eight thou- sand dollars ; and for the compensation and expenses of the clerk of the gas commissioners, a sum not exceeding two thousand dollars.
For the salary of the controller of county accounts,' twenty-five hundred dollars ; and for the salaries of the two deputies of the controller of county accounts, three thousand dollars.
For the salaries of the members of the state board of arbitration, six thousand dollars ; and for the salary of the clerk of said board, a sum not exceeding twelve hundred dollars.
For the compensation of the commissioner for the super- vision of foreign corporations engaged in the business of selling or negotiating bonds, mortgages, notes or other choses in action, three thousand dollars.
1891. — Chapter 2. ^^5
For the salary of the state pension agent, two thousand Pension agent. dollars.
For the salary of the secretary of the state board of 2°f '^ ^t^^^"'''
J J secretary.
health, three thousand dollars.
For the salary of the commissioner on public records of of'^arighe°'^^tc , parishes, towns and counties, two thousand dollars. commissioner.
For clerical services, rent, postao-e, printins;, travellins^ clerical services
, ., ^ , '■ . P '^ ""it 1 and expenses.
and other expenses ot the commissioner on public records of parishes, towns and counties, a sum not exceeding two thousand dollars.
AGRICULTURAL DEPARTMENT.
For the salary of the secretary of the state board of ^^.""^^ °^ ^sn-
r. , , , T ,, culture, secre-
agriculture, twenty-five hundred dollars. tary.
For the salary of the clerk of the secretary of the state cierk. board of agriculture, twelve hundred dollars.
For other clerical assistance in the oiEce of the secretary Extra clerks, of the state board of agriculture, and for lectures before the board at its annual and other meetings, a sum not exceedino; ei^ht hundred dollars.
EDUCATIONAL DEPARTMENT.
For the salary and expenses of the secretary of the state Board of eduoa. board of education, three thousand four hundred dollars, '°"' ^'^'""^ ^'J"- to be paid out of the moiety of the income of the Massa- chusetts school fund applicable to educational purposes.
For the salary of the assistant librarian arid clerk of the Assistant Hbra- state board of education, twenty-five hundred dollars. nan, etc.
For such clerical assistance in the state library as may clerical assist- be found necessary, a sum not exceeding twenty-five hun- ''"'^^' dred dollars.
For the purchase of books for the state library, five Books for state thousand dollars. ' ''^'^'
MILITARY DEPARTxMENT.
For the salary of the adjutant-general, thirty-six hun- Adjutant i,'en. dred dollars. '^'"^•
For the salary of the first clerk in the adjutant-general's First cierk. department, two thousand dollars.
For the salary of the second clerk in the adjutant- second cierk. general's de[)artment, sixteen hundred dollars.
For the salary of an additional clerk in the adjutant- ^^\'|!"°"*^ general's department, sixteen hundred dollars.
656
1891. — Chapter 3.
Extra clerks.
Additional clerical assist- ance.
Employees at arsenal.
Surgeon-gen- eral.
Military and naval historian.
general
For the salaries of the two extra clerks in the adjutant- general's department, twelve hundred dollars each.
For the salary of the messenger in the adjutant gen- eral's department, eight hundred dollars.
For such additional clerical assistance as the adjutant- may find necessary, and for compensation of employees at the state arsenal, a sum not exceeding five thousand five hundred dollars.
For the salary of the surgeon-general, twelve hundred dollars.
For the salary of the state military and naval historian, two thousand dollars ; and for necessary expenses of said historian, a sum not exceeding five hundred dollars.
Provincial laws.
Preservation of state records and papers.
Chap. 3
Appropriations.
MISCELLANEOUS.
For the commissioner appointed to edit the provincial laws, as authorized by chapter seventy-seven of the resolves of the year eighteen hundred and ninety, two thousand dollars.
For the arrangement and preservation of state records and papers under the direction of the secretary of the Commonwealth, a sum not exceeding five thousand dollars.
Section 2. This act shall take eff'ect upon its passage.
Approved February 6, 1891.
An Act making appropriations for the maintenance of the judicial department of the government during the pres- ENT YEAR.
Be it enacted^ etc., as follows :
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninetv-one, to wit : —
Supreme judi- cial court, trav- elling expenses.
Clerk.
SUPREME judicial COURT.
For travelling expenses of the chief justice of the supreme judicial court, five hundred dollars ; and for the travelling expenses of the associate justices of the supreme judicial court, three thousand dollars.
For the salary of the clerk of the supreme judicial court, three thousand dollars.
1891. — CHArTER 3. G57
For- the salary of the reporter of decisions of the Reporter of supreme judicial court, four thousand dollars ; and for •*^"^'°'"^- clerk hire and incidental expenses of the reporter, one thousand dollars.
For the salaries of the officers and messengers of the officers and supreme judicial court, twenty-four hundred dollars.
For the salary of the clerk of the supreme judicial ^'ft"^ ^°'" ^''*' court for the county of Suffolk, fifteen hundred dollars.
For the expenses of the supreme judicial court, a sum Expenses. not exceeding two thousand dolhirs.
SUPERIOR COURT.
For the salary' and travelling exi)enses of the chief jus- superior court, tice of the superior court, six thousand dollars. '^^^^^ justice.
For the salaries and travelling ex[)enses of the thirteen Associate associate justices of the superior court, seventy-one thou- J"^^''=^^- sand five hundred dollars.
For the salary of the ex-chief justice of the superior Exchiefjusiice, court, now retired, twenty-seven hundred and fifty '■*^'^'''^''- dollars.
COURTS OF PROBATE AND INSOLVENCY.
For the salary of the iudo;e of probate and insolvency Judges of pro for the county of Suffolk, five thousand dollars. vency, Suffolk.
For the salary of the judge of probate and insolvency Middlesex. for the county of Middlesex, four thousand dollars.
For the sahir}^ of the judge of probate and insolvency Worcester. for the county of Worcester, three thousand dollars.
For the salary of the judge of probate and insolvency Essex for the county of Essex, thirty-five hundred dollars.
For the salary of the judge of probate and insolvency Norfolk. for the county of Norfolk, twenty-tive hunelred dollars.
For the sahiry of the judge of probate and insolvency Bristol. for the county of Bristol, twenty-five hundred dollars.
For the salary of the judge of probate and insolvency Plymouth, for the county of Plymouth, two thousand dollars.
For the salary of the judge of probate and insolvency'' Berkshire, for the county of Berkshire, sixteen hundred dollars.
For the salary of the judge of probate and insolvency Hampden, for the county of Hampden, twenty- five hundred dollars.
For the salary of the judge of probate and insolvency Hampshire, for the county of Hampshire, fourteen hundred dollars.
For the salary of the judge of probate and insolvency F^'ikiin. for the county of Franklin, fourteen hundred dollars.
658
1891. — Chapter 3.
Barnstable. Nantucket. Dnkes County.
Registers — Suf- folk.
Middlesex.
Worcester.
Essex.
Norfolk.
Brietol.
Plymouth .
Hampden.
Berkshire.
Hampshire.
Franklin.
Barnstable.
Nantucket.
Dukes County.
Assistant regis- ters, — Suffolk.
Middlesex.
Worcester.
Essex.
For the salary of the judge of probate and insolvency for the county of Barnstable, twelve hundred dollars.
For the salary of the judge of probate and insolvency for the county of Nantucket, six hundred dollars.
For the salary of the judge of probate and insolvency for the county of Dukes County, six hundred dollars.
For the salary of the register of probate and insolvency for the county of Sufi'olk, three thousand dollars.
For the salarj' of the register of probate and insolvency for the county of Middlesex, two thousand dollars.
For the salary of the register of probate and insolvency for the county of Worcester, two thousand dollars.
For the salary of the register of probate and insolvency for the county of Essex, two thousand dollars.
For the salary of the register of probate and insolvency for the county of Norfolk, fifteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Bristol, eighteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Plymouth, fifteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Hampden, eighteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Berkshire, sixteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Hampshire, fourteen hundred dollars. I
For the salary of the register of probate and insolvency for the county of Franklin, fourteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Barnstable, one thousand dollars.
For the salary of the register of proi)ate and insolvency for the county of Nantucket, six hundred dollars.
For the salary of the register of probate and insolvency for the county of Dukes County, six hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Suffolk, two thousand dollars.
For the salary of the assistant register of probate and insolvency for the county of Middlesex, eighteen hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Worcester, eighteen hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Essex, eighteen hundred dollars.
1891. — Chapter 3. G59
For the salary of the assistant register of probate and Norfolk. insolvency for the county of Norfolk, eleven hundred dollars.
For the salary of the clerk to the register of probate cierk,-suf- and insolvency for the county of Suftblk, twelve hundred °^' dollars.
For extra clerical assistance to the register of probate ciencai assist- and insolvency for the county of Sufiblk, fifteen hundred ai^''«' - Suffolk. dollars.
For extra clerical assistance to the register of probate Midjiesex. and insolvency for the county of Middlesex, a sum not exceeding two thousand dollars.
For extra clerical assistance to the I'egister of probate Essex, and insolvency for the county of Essex, a sum not exceed- ing one thousand dollars.
For extra clerical assistance to the register of probate Bristol. and insolvency for the county of Bristol, a sum not exceed- ing four hundred dollars.
For extra clerical assistance to the register of probate Worcester. and insolvency for the county of Worcester, a sum not exceeding thirteen hundred and fifty dollars.
For extra clerical assistance to the register of probate Plymouth. and insolvency for the county of Plymouth, for the pur- pose of'arranging and indexing the files and records in his office, a sum not exceeding six hundred dollars.
For extra clerical assistance to the register of probate Hampshire. and insolvency for the county of Hampshire, for the pur- pose of arranging and indexing the files and records in his office, a sum not exceeding six hundred dollars.
For extra clerical assistance to the courts of probate Extra clerical
di • .1 1 i* 1' ii /^ assistance in the
insolvency m the several counties oi the Common^ several counties.
wealth, a sum not exceeding sixty-four hundred dollars.
For expenses of courts of probate and insolvency, a sum Expenses.
not exceeding two thousand dollars.
DISTRICT ATTORNEYS.
For the salary of the district attorney for Suffolk district, District attor-
/ my, -Suffolk.
five thousand dollars.
For the salary of the first assistant district attorney for First assistant. Suft'olk district, twenty-eight hundred dollars.
For the salary of the second assistant district attorney Second assist- for Suffolk district, twenty-five hundred dollars.
For the salary of the clerk for the district attorney for cierk. Suffolk district, eighteen hundred dollars.
Eastern district.
Bouth-eaetein district.
Sonthern dis trict.
Middle district.
Western dis trict.
North-western district.
660 1891. — Chapter 4.
?jy"ZfNor°hern ^^^' ^^^ Salary of the district attornev for the northern district. district, twenty-four hundred dollars.
For the salary of the di.strict attorney for the eastern district, twenty-four hundred dollars.
For the salary of the district attorney for the south-east- ern district, twenty-one hundred dollars.
For the salary of the district attorney for the southern district, eighteen hundred dollars.
For the salarj^ of the district attorney for the middle district, twenty-four hundred dollars.
For the salary of the district attorney for the Avestern district, twenty-one hundred dollars.
For the salary of the district attorney for the north- western district, thirteen hundred and tifty dollars.
Section 2. This act shall take effect upon its passage.
Apjjroved February 6, 1891.
Chap. 4 AnACTMAKING APPROPRIATIONS FOR CERTAIN ALLOWANCES AUTHOR- IZED BY THE LEGISLATURE.
Be it enacted^ etc., as foUotvs :
Appropriations. Section 1 . The sums hereinafter tnentioned are appro- priated, to be paid out of the treasury of the Common- wealth, to provide for certain yearly allowances authorized by the legislature, to wit : —
tidefwaters?' '° ^^r cxpcnscs in connection with the removal of wrecks and other obstructions from tide-waters, a sum not exceed- ing five thousand dollars.
pel-rmenta?' ''^' ^^^ maintaining an agricultural experimental station at
station. the Massachusetts agricultural college in the town of
Amherst, the sum often thousand dollars.
4nege!-Tchoi- ^°^' ^^^ Massachusetts agricultural college, for the pur-
aishipe. pose of providing eighty free scholarships, the sura of ten
thousand dollars.
Labor fund, etc. For.thc Massachusctts agricultural college, the sum of ten thousand dollars, to be expended under the direction of the trustees for the following purposes, to wit: five thousand dollars for the establishment of a labor fund to assist needy students of said college, and five thousand dollars to provide the theoretical and practical education required by its charter and the law of the United States relating thereto.
fetbie'm°nd*ed. ^^^^ ^^e Massachusctts school for the feeble-minded, the sum of twenty-five thousand dollars.
1891. — Chapter 5. 661
For the Perkins institution and Massachusetts school bfind°'*°"^^ for the blind, the sum of thirty thousand dollars.
To enable small towns to provide themselves with school fjn^d^nts"^^""' superintendents, a sum not exceeding twenty-seven thou- sand dollars.
For salaries and expenses in connection with the inspec- inspection of tion of milk, food and drugs, a sum not exceeding ten °° **"' '"^^" thousand doHars.
For the payment of extraordinary expenses, to be Extraordinary expended under the direction ot the governor and council, a sum not exceeding twenty thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 6, 1891.
expenses.
Chap. 5
An Act making appropriations for printing and binding public documents, purchase of paper, publishing laws, and preparing tables and indexes relating to the stat- UTES.
Be it enacted., etc. , as foUoics :
Section 1. The sums hereinafter mentioned are appro- Appropriations. priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-one, to wit : —
For printing and binding the series of public documents, Printing and under the direction of the secretary of the Commonwealth, documents. ''^ a sum not exceeding forty-five thousand dollars.
For printing the pamphlet edition of the acts and J-ou^'f^Jfctgand resolves of the present year, for distribution in the Com- lesoives. monwealth, a sum not exceeding twenty-five hundred dollars.
For printing and binding the blue book edition of the biuc book edi- acts and resolves of the present year, wnth the governor's re°8oives**'** "° message and other matters in the*usual form, a sum not exceeding five thousand dollars.
For the newspaper publication of the general laws and Newspaper
, . -ii. 11- 1 publication of
all information intended for the public, a sum not exceed- laws, etc. ing five hundred dollars.
For reports of decisions of the supreme judicial court. Term reports. a sum not exceeding twenty-four hundred dollars.
For assessor's books and blanks furnished cities and ^^^ll^°l^^ towns by the secretary of the Commonwealth, a sum not blanks. exceeding one thousand dollars.
662
1891. — Chapter 6.
Registration.
Paper for state printing.
Tables and indexes.
Early acts and resolves.
For registration books and blanks, indexing returns and editing the registration report, a sum not exceeding two thousand dollars.
For the purchase of paper for the Commonwealth, used in the execution of the contract for the state printing, under the direction of the secretary of the Commonwealth, a sum not exceeding thirty thousand dollars.
For the preparation of tables and indexes relating to the statutes of the present year and previous years, under the direction of the governor, a sum not exceeding three hundred dollars.
For collating, indexing and publishing in a style similar to that in which the blue books, so called, are now pub- lished, all the acts and resolves of the general court from the adoption of the constitution to the year eighteen hun- dred and six, a sum not exceeding fifty-five hundred dollars.
For printing and binding ordered by the senate and house of representatives, or by concurrent order of the two branches, a sum not exceeding twenty-four thousand five hundred dollars.
For printing and distributing ballots at the public expense, cast in elections for national, state, district and county officers in the cities and towns of the Common- wealth, a sum not exceeding ten thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 6, 1891.
Chap. 6 -'^N Act making appropriations for sundry charitable
EXPENSES.
Beit enacted, etc., as follows : Appropriations. Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the purposes specified, to meet sundly charitable expenses for the year ending on the thirt3'-Hrst day of December in the year eighteen hundred and ninety-one, to wit: —
Legislative printing and binding.
Printing and
distributing ballots.
Board of lunacy and charity.
STATE BO Alii) OF LUNACY AND CHAEITY.
For expenses of the board of lunacy and charity, including travelling and other expenses of members, nec- essary legal expenses, and salary and expenses of the clerk and auditor, a sum not exceeding forty-live hundred dollars.
1891. — Chapter 6. 663
For salaries and expenses in the department of in-door in-door poor. poor, a sum not exceeding thirty-five thousand five hun- dred dollars.
For salaries and expenses in the department of out- out-door poor. door poor, a sum not exceeding twenty thousand dollars.
For salaries and expenses in the department of the inspector of inspector of institutions, a sum not exceeding ten thousand ^°''''"^^°°*- dollars.
For travelling and other necessary expenses of the aux- Auxiliary visi- iliary visitors of the state board of lunacy and charity, a '°''' sum not exceeding fifteen hundred dollars.
MISCELLANEOUS CHARITABLE.
For transportation of state paupers, a sum not exceed- TrMsportation
• •. I 111* ^^ 81*116 pjiupGrs*
mg sixteen thousand dollars.
For the support and relief of state paupers in state state paupers in lunatic hospitals and asylums of the Commonwealth, and 1"!°!"°''°'^*" of state lunatic paupers boarded out in families, a sum not exceeding one hundred and fifty thousand dollars.
For expenses attending the management of cases of set- ^enTamf bas^" tlement and bastardy, a sum not exceeding fifteen hundred t"rdy."°' dollars.
For the care and maintenance of indigent and neglected ^"^^1^^°^''°^.,
UMJ 1 ' -i/*.-! ^ * neglected chil-
cmiclren, and juvenile offenders, a sum not exceeding dren. eighteen thousand dollars.
For the support of state paupers in the Massachusetts state paupers in school for the feeble-minded, and the hospital cottages for LtbrJ/"'" '''" children at Baldwinsville, a sum not exceeding seven thou- "'''"'*''^- sand dollars.
For the support of sick state paupers by cities and ^'°'' ^'^'"^
J i-j-i '1 111 paupers.
towns tor the year eighteen hundred and ninety-one and previous years, the same to include cases of wife settle- ment, a sum not exceeding sixty thousand dollars.
For the burial of state paupers by cities and towns, for Burial of state the present and previous years, a sum not exceeding p^"^^"" ten thousand dollars.
For temporary aid for state paupers and shipwrecked Temporary aid. seamen, by cities and towns for the present and previous years, a sum not exceeding twenty thousand dollars.
For the support and transportation of unsettled pauper unsetti.d infants in this Commonwealth, including infants in the infant p'"^"' '°^"°"- asylums, a sum not exceeding fifteen thousand dollars.
For expenses incurred in connection with small-pox Dangerous dis- and other diseases dangerous to the public health, a sum '""^'"
664
1891.— Chapters 7, 8.
Medical exami- nations and inquests.
Johonnot annui- ties.
Annuities to soldiers and sailors.
Pensions.
not exceeding three thousand dollars, which is hereby made applicable for the payment of claims for the present and previous years.
For expenses incurred in connection with medical exam- inations and inquests, a sum not exceeding two thousand five hundred dollars.
For annuities due from the Commonwealth, mcurred by the acceptance of the bequest of the late Martha Johonnot, a sum not exceeding five hundred dollars.
For annuities to soldiers and others as authorized by the legislature, a sum not exceeding thirty-one hundred and fifty-nine dollars.
For pensions, a sum not exceeding five hundred and twenty dollars.
Section 2. This act shall take effect upon its passage.
Approved February 6', 1891.
Chap. 7
An Act making appropriations for the payment of state
AND MILITARY AID AND FOR EXPENSES IN CONNECTION THEREWITH.
Be it enacted, etc. , as folloios : Appropriations. SECTION 1. The sums hereinafter mentioned are ap- propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-one, to wit : —
For reimbursement to cities and towns for money paid on account of state and military aid to Massachusetts volunteers and their families, a sum not exceeding four hundred and fifty thousand dollars, the same to be paid on or before the first day of December in the year eighteen hundred and ninety-one.
For postage, printing and other necessary expenses in carrying out the provisions of the state and military aid laws, a sum not exceeding five hundred dollars.
Section 2. This act shall take effect upon its passage.
A2W0ved February 6, 1891.
state and mili- tary aid to vol- unteers and their families.
Expenses.
Chap. 8 ^N ^C^ MAKING AN APPROPRIATION FOR THE PRISON AND HOSPI- ^ ' TAL LOAN SINKING FUND.
Be it enacted, etc., as follows: Appropriation. Section 1. The suui hereinafter mentioned is appro- priated, to be paid out of the treasury of the Common-
1891. — Chapteks 9, 10. ' 665
wealth from the ordinary revenue, for the purposes specified, to wit : —
For the prison and hospital loan sinking fund, as pro- Pmonand vided for in chapter two hundred and fifty-five of the acts Sog fund. of the year eighteen hundred and eighty-four, the sum of sixty thousand dollars.
Section 2. This act shall take effect upon its passage.
ApjJToved February 6, 1891.
An Act making an appropriation for the commonwealth's Chai) 9
FLATS IMPROVEMENT FUND.
Be it enacted^ etc., as follows :
Section 1. The sum hereinafter mentioned is appro- Appropriation, priated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to wit : —
For the Commonwealth's flats improvement fund, for common- the purpose of continuing the improvements in the Com- Z^x'^vlmZ mon wealth's flats at South Boston, a sum not exceeding ^""'^• twenty thousand dollars.
Section 2. This act shall take efiect upon its passage.
Ajyproved February 6, 1891.
An Act to amend an act to adthorize the printing and dis- Qhav 10
TRIBUTING OF BALLOTS FOR TOWN ELECTIONS AT THE PUBLIC EXPENSE.
Be it enacted, etc., as follows:
Section 1. Section two of chapter three hundred and Amendments to eighty-six of the acts of the year eighteen hundred and ^^''' '^''' ^ ^• ninety is hereby amended by insertuig after the word
"meeting", in the second line thereof, the words : or
at some subsequent meeting held at least ten days before the next annual town election, — by inserting the words : — the number and terms of such officers as are now required by law to be chosen by ballot, and also, — after the word
"determine", in the second line thereof; the word:
now, — after the word "not", in the third line thereof; and the word : — thereafter, — after the word " shall", in the fourth line thereof; and the words : — notwithstandino- any existing provision of law that such act or acts may be accepted only at an annual town meeting; but no new acceptance of any such existing act or acts shall be required in cases where an acceptance has already been made and not revoked, — after the word " officers ", in the seventh
666 1891. — Chapter 11.
line thereof, so that said section as amended shall read as Towns to de- follows ! — SectiOTi 2. IVhcu any town accepts the pro- nuX'rand yisions of this act it shall at the same meeting, or at some {oT/choS" subsequent meeting held at least ten days before the next ^*"°'- annual town election, determine the number and terms ot
such officers as are now required by law to be chosen by ballot, and also what officers, if any, not now required by law to be chosen by ballot shall thereafter be so chosen, also the number and terms of such officers ; and for this purpose may accept any existing act providing a system or manner of electing any town officers, notwithstanding any existing provision of law that such act or acts may be accepted only at an annual town meeting; but no new acceptance of any such existing act or acts shall be required in cases where an acceptance has already been made and not revoked. All such matters shall be notified in the warrant for such meeting. No change shall thereafter be made in the officers to be chosen by ballot or in the num- ber or terms thereof except at a meeting held at least thirty days before any annual town election. Proceedings SECTION 2. The proceedings of town meetings of the
confirmed. g^^gj-j^j towus heretofore held fixing the number and terms of town officers to be voted for under the provisions of chapter three hundred and eighty-six of the acts of the year eighteen hundred and ninety are hereby ratified and confirmed.
Section 3. This act shall take efi'ect upon its passage. •
Approved February 9, 1891.
ChaV 11 ^^ ^^'^ MAKING APPROPRIATIONS FOR DEFICIENCIES IN APPROPRIA- TIONS FOR CERTAIN EXPENSES AUTHORIZED IN THE TEAR EIGHTEEN HUNDRED AND NINETY AND PREVIOUS YEARS.
Be it enacted, etc. , as follows :
Appropriations Section 1. The sums hereinafter mentioned are appro- for deficiencies. p^.j^^gj^ ^^ ^^^ ^^^j o^^^ of t^g trcasuiy of the Common- wealth from the ordinary revenue, for the payment of certain expenses in excess of appropriations therefor in the year eighteen hundred and ninety, to wit : — Registration ^ov registration books and blanks, the sum of two hun-
bhTuifs!'" dred and seven dollars and fifty-six cents.
Printins<and For printing and binding public documents, the sum of
do^cumems!'''' elcveu thousaud eighty-six^dollars and thirteen cents. Printing supple- For printing sup})lement to the Public Statutes, the Pubi'icViatutes. sum of thirteen hundred forty-nine dollars and five cents.
1891. — Chapter 12. 667
For compensation and expenses