*.«.!. J
^•^un-;ji./
SlOVEBSiry OF KKMTUCKt
'iniy
ACTS
EESOLYES
PASSED BY THE
General €mxt 0f PassucIjuBftts,
IN THE YEAB
1 8 7 O,
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,
LIST OF THE CIVIL GOVERmiENT, CHANGES
OF NAMES OF PERSONS,
Etc., Etc., Etc.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON:
WRIGHT & POTTER, STATE PRINTERS, 79 Milk Stkeet, (corner of Federal.)
1870.
A CONSTITUTION
FORM OF GOVERNMENT
Commontoealtt of llassat|«sUt5.
PEEAMBLE.
The end of the institution, maintenance and administra- objects of gov- tion of government, is to secure the existence of the body ^''^^'^*- pohtic, to protect it, and to furnish the individuals who com- pose it with the power of enjoying, in safety and tranquillity, 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 measures necessary for their safety, prosperity and happiness.
The body politic is formed by a voluntary association of ^^^^^^l*^' individuals : it is a social compact, by which the whole people its nature. * covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the com- mon good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpreta- tion and a faithful execution of them ; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of his providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit and solemn compact with each other ; and of forming a new
CONSTITUTION. •
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 Rights and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.
PART THE FIRST.
A Declaration of the Mights of the Inhabitants of the Com- monwealth of Massachusetts.
nXfairi'lTts ^^'^' ^' ^^^ ™®^ ^^^ ^^^^ ^^'^^ ^^^ cqual, and have cer- of all men. tain natural, essential and unalienable rights ; among which may be reckoned the right of enjoying and defepding their lives and liberties ; that of acquiring, possessing and protect- ing property ; in fine, that of seeking and obtaining their safety and happiness. Right and duty n. It is the right as well as the duty of all men in society, gious\vorship! publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. Protection And 110 subjcct sliall be hurt, molested or restrained, in his person, liberty or estate, for worshipping God in the manner and season most agreealble to the dictates of his own con- science ; or for his religious profession or sentiments ; pro- vided he doth not disturb the public peace, or obstruct others in their religious worship.
Amendment, [HI.* As the happiness of a people, and the good order and preserva-
stituted'for ' tion of civil government, essentially depend upon piety, religion and
this. morality ; and as these cannot be generally diffused through a community,
but by the institution of the public worship of God, and of public instruc-
Legislature em- tions in piety, religion and morality ; Therefore, to promote their happi-
powered to ness, and to secure the good order and preservation of their Government,
visionfo'/public the people of this Commonwealth have a right to invest their legislature
worship; 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 of piety,
religion and morality, in all cases where such provision shall not be made
voluntarily.
*NoTE. — Articles of the original constitution and articles of amendment thereto which have become inoperative, by reason of subsequent amend- ments, are printed in smaller type and enclosed in brackets: obsolete portions of articles, in some instances confined to a sentence Or single word, are covered by brackets, but allowed to stand in type uniform with the matter still in force.
CONSTITUTION. 5
And the people of this Commonwealth have also a right to, and do, and to enjoin invest their legislature with authority to enjoin upon all the subjects an fijereon""^'' attendance upon the instructions of the public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can consci- entiously and conveniently attend.
Provided, notwithstanding, that the several towns, parishes, precincts, Exclusive riglit and other bodies politic, or religious societies, shall at all times, have the "jtiolfs'^teachers exclusive right of electing their public teachers, and of contracting with g^'cured. them for their support and maintenance.
And all moneys, paid by the subject, to the support of public worship, Option as to and of the public teachers aforesaid, shall, if he require it, be uniformly cJ,'|ai"JaxeTmay applied to the support of the public teacher or teachers of his own religious be paid, unless, sect or denomination, provided there be any on whose instructions he &c- attends ; otherwise it may be paid toward 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 themselves peace- Alldenomina- ably, and asgood subjects of the Commonwealth, shall be equally under protlctecL^^^ the protection of the law : and no subordination of any one sect or denom- Subordination ination to another shall ever be established by law.] anothe/pro-**'
hibited.
lY. The people of this Commonwealth have the sole and Right of seif-
t • • T , n • n 1 !> • government
exclusive right of governing themselves as a tree, sovereign secured. and independent State ; and do, and forever hereafter shall, exercise and enjoy eveiy power, jurisdiction 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 being ^/^^"{"J^^^^^gj*'' derived from them, the several magistrates and officers of &c. government, vested with authority, whether legislative, exec- utive or judicial, are their substitutes and agents, and are at
all times accountable to them.
VI. No man, nor corporation or association of men, have ^|'e|*^7^, ^f^;. any other title to obtain advantages^ or particular and exclu- public being
. ■' . ., T i- i /> j^i J? J.1 "J- j-1 the only title to
sive privileges, distinct from those oi the community, than peculiar prm- what arises from the consideration of services rendered to JlfyofflcTJ^^e the public ; and this title being in nature neither hereditary, ^^^^/t^,.^"'^ nor transmissible to children or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver or judge, is absurd and unnatural.
YII. Government is instituted for the common good ; for objects of gov-
,,. o ±^ 1 erumeut ; right
the protection, saiety, prosperity and happiness ot the people ; of people toin-
and not for the profit, honor or private interest of any one chang^elt.
man, family or class of men : Therefore the people alone
have an incontestable, unalienable and indefeasible right
to institute government ; and to reform, alter or totally
change the same, when their protection, safety, prosperity
and happiness require it.
YIII. In order to prevent those who are vested with Right of people authority from becoming oppressors, the people have a right tion in office, at such periods and in such manner as they shall establish
CONSTITUTION.
All, having the qualiflcations prescribed, equally eligible to office.
Right of protec- tion and duty of contribution correlative.
Taxation founded on con- sent.
Private prop- erty not to be taken for pub- lic uses with- out, &c.
Kemedies by re- course to the law, to be free, complete and prompt.
Prosecutions regulated.
Right to trial by jury, in crim- inal cases, ex- cept, &c.
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 appointments.
IX. All elections ought to be free ; and all the inhabi- tants 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.
X. Each individual of the society has a right to be pro- tected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection ; to give his personal service, or an equivalent, when necessary : but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of .this Commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And when- ever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
XL 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 ; completely, and without any denial ; promptly, and without delay, cofiformably to the law*.
XII. No subject shall be held to answer for any crimes or offence until the ■ same is fully and plainly, substantially and formally, described to him ; or be compelled to accuse, or furnish evidence against himself: and every subject shall have a right to produce all proofs that may be favorable to him ; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privi- leges, put out of the protection of the law, exiled or deprived of his life, liberty or estate, but by the judgment of his peers, or the law of the land.
And the legislature shall not make any law that shall sub- ject any person to a capital or infamous punishment, except- ing for the government of the army and navy, without trial by jury.
CONSTITUTION. 7
XIII. In criminal prosecutions, the verification of facts, ^^Tedinthe in the vicinity where they happen, is one of the greatest vicinity, securities of the life, liberty and property of the citizen.
XIY. Every subiect has a rieht to be secure from all Eight of search
,, •' ,*' -, . />!• I'l and seizure reg-
unreasonable searches and seizures ot his person, ins houses, uiated. his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure : and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws.
XY. In all controversies concerning property, and in all Right to trial by
■*■ •^ '^ lurv s3,cr6Q ©X"
suits between two or more persons, except in cases in which cept, &c. it has heretofore been otherways used and practised, the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter fined it necessary to alter it.
XVI. The liberty of the press is essential to the security Liberty of the of freedom in a State : it ought not, therefore, to be restrained ^^^^^' in this Commonwealth.
XYII. The people have a right to keep and to bear arms Right to keep
n ,-i 1 £• I T ' 1' i' • and bear arms.
for the common detence. And as, in time oi peace, armies standing ar- are dangerous to liberty, they ought not to be maintained ™^s.* Mmflry without the consent of the legislature ; and the military p?^'^" f^^PK:
■,,,-, 1111- IT • 1 dinate to Civil.
power shall always be held in an exact subordination to the civil authority, and be governed by it.
XYIII. A frequent recurrence to the fundamental prin- Morai^quaimca- ciples of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry and fru- gality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and represent- atives : and they have a right to require of their lawgivers Moral obiiga- and magistrates, an exact and constant observance of them, ghers°and^^ in the formation and execution of the laws necessary for the magistrates, good administration of the Commonwealth.
XIX. The people have a right, in an orderly and peace- ^'fngtraet^re^^- able manner, to assemble to consult upon the common good ; resentatiyes give instructions to their representatives, and to request of fegisfatire." the legislative body, by the way of addresses, petitions or
8 CONSTITUTION.
remonstrances, redress of the wrongs done them, and of the grievances the3'' suffer. pe^^Ve laws ^^' ^^^^ powcr of Suspending the laws, or the execution or their exebu- of the laws, ought ncvcr to be exercised but by the legisla- ture, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly pro- vide for. Freedom of de- XXI. The freedom of deliberation, speech and debate, in
bate, &c., and . ^ pjii-i • -i i ' ^ n
reason thereof, either housc 01 the legislature, IS so essential to the rights oi the people, that it cannot be the foundation of any accusa- tion or prosecution, action or complaint, in any other court or place whatsoever. SonTami Ob- XXII . The legislature ought frequently to assemble for jects thereof, tlic rcdrcss of grievauccs, for correcting, strengthening and confirming the laws, and for making new laws, as the com- mon good may require, founded'on con- XXIII. No subsidy, charge, tax, impost or duties, ought sent. to be established, fixed, laid or levied, under any pretext
whatsoever, without the consent of the people, or their representatives in the legislature, liwfpro'^"*'''' XXIV. Laws made to punish for actions done before the hibited. existence of such laws, and which have not been declared
crimes by preceding laws, are unjust, oppressive and incon- sistent with the fundamental principles of a free government. tcTlonvi^of""* XXV. No subject ought, in any case, or in any time, to treason, &c. be declared guilty of treason or felony by the legislature. or'"'fineI!' and XXVI. No magistrate or court of law shall demand cruel punish- exccssivc bail Or sureties, impose excessive fines, or inflict
ments prohib- ■, i • -i ,
ited. cruel or unusual punishments.
No soldier to be XXVII. In time of peace, no soldier ought to be quar-
quartered m -. . . ' i ^ /»i !•
any house, un- tcred in any house without the consent oi the owner ; and in ^**' ''■ time of war, such quarters ought not to be made but by the
civil magistrate, in a manner ordained by the legislature.
empT'from XXVIII. No pcrsou cau in any case be subjected to law-
law-martiai, martial, or to any penalties or pains, by virtue of that law,
except those employed in the army or navy, and except the
militia in actual service, but by authority of the legislature.
"^reml* udicial XXIX. It is essciitial to the preservation of the rights of
court. every individual, his life, liberty, property and character,
that there be an impartial interpretation of the laws, and
administration of justice. It is the right of every citizen to
be tried by judges as free, impartial and independent as the
Tenure of their lot of humanity will admit. It is, therefore, 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 them-
CONSTITUTION. 9
•selves well, and that they should have honorable salaries salaries. ascertained and established by standing laws.
XXX. In the government of this Commonwealth, the separation of legislative department shall never exercise the executive and dfciai,and'iig- judicial powers, or either of them : the executive shall never mimig^'^^P exercise the legislative and judicial powers or either of them : the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws, and not of men.
PART THE SECOND.
The Frame of Government.
The people, inhabiting the territory formerly called the Title of body Province of Massachusetts Bay, do hereby solemnly and p"''^"'- mutually agree with each other, to form themselves into a free, sovereign and independent body politic or state, by the name of The Commonwealth op Massachusetts.
CHAPTER I.
the legislative power.
Section I.
The General Court.
Art. I. The department of legislation shall be formed Legislative de- by two branches, a Senate and House of Representatives ; p'*''*"'®^*- each of which shall have a negative on the other.
The legislative body [shall assemble every year on the see amend- 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 op Massachusetts.
II. No bill or resolve of the senate or house of represent- Governor's atives 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
veto.
10
CONSTITUTION.
Bill may be passed by two- thirds of each house, notwith- "standing.
See amend- ments, Art. I.
General court may constitute judicatories, courts of re- cord, &c.
Courts, &c., may adminis- ter oaths.
General court may enact laws, &c.,
not repugnant to the constitu- tion;
objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve ; but if, after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding 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 reconsidered, and if approved by two-thirds of the members present, shall have the force of a law : but in all such cases, the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the Commonwealth.
And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law.
III. The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the Com- monwealth, for the hearing, trying and determining of all manner of crimes, offences, pleas, processes, 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 judicatories are hereby given and granted full power and authority, from time to time, to 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 given and granted to the said general court, from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, direc- tions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary sup- port and defence of the government thereof ; and to name
CONSTITUTION. 11
and settle annually, or provide by fixed laws, for the naming ^,1^ Pi^"^?^^^^^ and settling, all civil officers within the said Commonwealth, appointment of the election and constitution of whom are not hereafter in this form of government otherwise provided for ; and to set gj;^?^f.^® ^^^^^ forth the several duties, powers, and limits, of the several civil and military officers of this Commonwealth, and the forms of such oaths, or affirmations as shall be respectively administered unto them for the execution of their several offices and places so as the same be not repugnant or con- trary to this constitution ; and to impose and levy proper- impose taxes ; tional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth ; and also to impose and levy duties and ex-
C1S6S '
reasonable duties and excises upon any produce, goods,
wares, merchandise and commodities whatsoever, brought
into, produced, manufactured, or being within the same ; to to be ^isi^osed
be issued and disposed of by warrant, under the hand of the protection, &c. '
governor of this Commonwealth, for the time being, with the
advice and consent of the council, for the public service, in
the necessary defence and support of the government of the
said Commonwealth, and the protection and preservation of
the subjects thereof, according to such acts as are or shall
be in force within the same.
And while the public charges of government, or any part valuation of es-
X o o / •/ 1 tfltcs once in
thereof, shall be assessed on polls and estates, in the manner ten years, at that has hitherto been practised, m order that such assess- ments may be made with equality, there shall be a valuation of estates within the Commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order.
least, while, &c.
CHAPTER I.
Section II.
Senate.
[Art. I. There shall be annually elected, by the freeholders and Senate, number other inhabitants of this Commonwealth, qualified as in this constitution gfect" Jj''^ " '^^"^ is provided, forty persons to be councillors and senators, for the year ensuing their election ; to be chosen by the inhabitants of the districts, See amend- into which the Commonwealth may, from time to time, be divided by the ^^11**' ^^t*- general court for that purpose : and the general court, in assigning the xxil. numbers to be elected by the respective districts, shall govern tliemsulves by the proportion of the public taxes paid by the said districts ; and timely make known, to the inhabitants of the Commonwealth, the limits of each
12
CONSTITUTION.
district, and the number of councillors and senators to be chosen therein : provided, that the number of such districts shall never be less than thir- teen ; and that no district be so large as to entitle the same to choose more than six senators. Counties to be And the several counties in this Commonwealth shall, until the general districts, until, court shall determine it necessary to alter the said districts, be districts for See amend- tli6 choice of councillors and senators, (except that the counties of Dukes ments, Arts. county and Nantucket shall form one district lor that purpose,) and shall XXli. *" elect the following number for councillors and senators, viz : —
Suffolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes county and Nantucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.]
Manner and time of choos- ing senators and councillors.
See amend- ments, Arts. II., X, XIV. and XV.
See amend- ments, Arts. III., XX., XXIII. and XXVI.
Word " inhabi- tant " defined.
Selectmen to preside at town meetings.
Ueturn of votes.
See amend- ments, Art. II.
Amendments, Art. X.
11. The Senate shall be the first branch of the legisla- ture ; [and the senators shall be chosen in the following manner, viz. : there shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several counties of this Commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and councillors ; and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold estate, within the Com- monwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant.] And to remove all doubts concerning the mean- ing of the word " inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district or plantation where he dwelleth or hath his home.
The selectmen of the several towns shall preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for senators, and shall sort and count them in open town meet- ing, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name ; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the Com- monwealth, for the time being, with a superscription express- ing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday in May, annually ; or it shall be delivered into
CONSTITUTION. 13
the secretary's office seventeen days at least before the said last Wednesday in May ; and the sheriff of each county shall deliver all such certificates, by him received, into the secre- tary's office, seventeen days before the said last Wednesday in May,]
And the inhabitants of plantations unincorporated, quali- J^'j'^go^'^orlted fied as this constitution provides, who are or shall be piautations, empowered and required to assess taxes upon themselves tlxesfmay^***^ toward the support of government, shall have the same ^o^^- privilege of voting for councillors and senators, in the plan- tations where they reside, as town inhabitants have in their respective towns : and the plantation meetings for that pur- Plantation pose shall be held, annually, [on the same first Monday in ™ee^amlnd- April,] at such place in the plantations, respectively, as the ments.Art.x. assessors thereof shall direct ; which assessors shall have Assessors to no- like authority for notifying the electors, collecting and *""^'' ^*'- returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all'other persons living in places unincorporated, (qualified as afore- said,) 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.
Ill, And that there may be a due convention of senators Governor and
*j council to Gx~
[on the last Wednesday in May,] annually, the governor, amine and with five of the council, for the time being, shall, as soon as SsIue^^Am- may be, examine the returned copies of such records ; and monses. fourteen days before the said day, he shall issue his summons See amend- to such persons as shall appear to be chosen by a majority of °' voters, to attend on that day, and take their seats accord- ingly ; [provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the council of the former constitution of government ; and the said president shall, in like manner, issue his sum- mons to the persons so elected, that they may take their seats as aforesaid.]
lY. The senate shall be the final judge of the elections, IZT^Jg^ ^^f returns and qualifications of their own members, as pointed eiecHons^&c, out in the constitution ; and shall, on the said [last Wednes- members. day in May,] annually, determine and declare who are elected by each district to be senators, [by a majority of votes : and ^^^^''jjff ^^^" ^ in case there shall not appear to be the full number of sena- xiy. knd tors returned, elected by a majority of votes, for any district, ' the deficiency shall be supplied in the following manner,
14
CONSTITUTION.
Vacancies, how- filled.
(^ualiflcations of a senator. See amend- ments, Arts. XIII. and XXII.
Senate not to adjourn more than two days.
Shall choose its officers and es- tablish its rules. Shall try all im- peachments.
Oath.
Limitation of sentence.
Quorum.
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 sen- ators sufficient to fill up the vacancies in such district ; and in this manner all such vacancies shall be filled up in every district of the Commonwealth ; and in like manner all vacancies in the senate, arising by death, removal out of the State or otherwise, shall be supplied as soon as may be after such vacancies shall happen.]
Y. Provided, nevertheless, that no person shall be capa- ble of being elected as a senator, [who is not seized in his own right of a freehold, within this Commonwealth, of the value of three hundred pounds at least, or possessed of per- sonal estate of the value of six hundred pounds at least, or of both to the amount of the same sum, and] who has not been an inhabitant of this Commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.
VI. The senate shall have power to adjourn themselves ; provided such adjournments do not exceed two days at a time.
VII. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings.
VIII. The senate shall be a court, with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the Com- monwealth, for misconduct and mal-administration in their offices : but, previous to the trial of every impeachment, the members of the senate shall, respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualifica- tion to hold or enjoy any place of honor, trust or profit, under this Commonwealth : but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.
IX. Not less than sixteen members of the senate shall constitute a quorum for doing business.
CONSTITUTION. 15
CHAPTER I.
Section III. House of Representatives.
Aet. I. There shall be, in the legislature of this Com- ^/p^^'I^^'^J^j^"'^ monwealth, a representation of the people, annually elected, and founded upon the principle of equality.
[II. And in order to provide for a representation of the citizens of ^verbT whom
this Commonwealth, founded upon the principle of equality, every cor- chosen.
porate town, containing one hundred and fifty ratable polls, may elect „
^ ' ^. " ^ , ;^ • • iu 1, 1 1 1 See amend-
one representative; every corporate town, containing three hundred and ments, Arts.
seventy-five ratable polls, may elect two representatives; every corporate xir.,xin. and town, containing six hundred ratable polls, may elect three representa- ■^-^^• tives ; and proceeding in that manner, making two hundred and twenty- five ratable polls the mean increasing number for every additional repre- sentative.
Provided, nevertheless, that each town now incorporated, not having Proviso as to one hundred and fifty ratable polls, may elect one representative ; but no {esI^than^Vso place shall hereafter be incorporated with the privilege of electing a ratable polls, representative, unless there are within the same one hundred and fifty ratable polls.]
And the house of representatives shall have power, from I^^Pf J'se'Vc time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution.
The expenses of travelling to the general assembly, and ^''Plfjfj^ ^^ returning home, once in every session, and no more, shall and from the be paid by the government, out of the public treasury, to howpaw!"^'^'' 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 of"a "fpresenta- be chosen by written votes ; [and, for one year at least next ti^e- preceding his election, shall have been an inhabitant, of, and ments, Arts. have been seized in his own right of a freehold of the value and xxl^' of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hun- dred pounds ; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid.]
[IV. Every male person being twenty-one years of age, and resident QualificaUong in any particular town in this Commonwealth, for the space of one year °'*^'''6'^- next preceding, having a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, ^^® ^''^T^t' shall have a right to vote in the choice of a representative or representa- m., xx. and tives for the said town.] XXIII.
16
CONSTITUTION.
Kepresenta- tives, when chosen. See amend- ments, Arts. X. and XV. House alone can impeach.
House to origi- nate all money biUs.
Not to adjourn more than two days at a time.
Quorum. See amend- ments. Art. XXI.
House to judge of returns, &c., of its own mem- bers ; to choose its officers and establish its rules, &c. May punish for certain of- fences.
Privileges of members.
Senate.
Governor and council may punish.
General limita- tion.
Trial may be by committee, or otherwise.
[V. The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month.]
YI. The house of representatives shall be the grand inquest of this Commonwealth ; and all impeachments made by them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of representatives ; but the senate may propose or concur with amendments, as on other bills.
YIII. The house of representatives shall have power to adjourn themselves ; provided such adjournment shall not exceed two days at a time.
[IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.]
X. The house of representatives shall be the judge of the returns, elections and qualifications of its own members, as pointed out in the constitution ; shall choose their own speaker, appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish by imprisonment, every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence ; or who, 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 anything said or done in the house ; or who shall assault any of 4hem there- for ; or who shall assault or arrest any witness, or other person, ordered to attend 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 bail on mean process, during his going unto, returning from, or his attending, the general assembly.
XI. 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 author- ity to try and determine, by committees of their own mem- bers, or in such other way as they may, respectively, think best.
CONSTITUTION. 17
CHAPTER II.
EXECUTIVE POWER.
Section I. Governor.
Art. I. There shall be a supreme executive magistrate, Governor. who shall be styled — The Governor of the Commmonwealth OF Massachusetts ; and whose title shall be — His Excel- his title. lency.
II. The governor shall be chosen annually ; and no per- to be chosen son shall be eligible to this office, unless, at the time of his Quaimcitions. election, he shall have been an inhabitant of this Common- wealth for seven years next preceding ; and unless he shall, at the same time, be seized, 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 me^„ts™Art" Christian religion.] vii.
[III. Those persons who shall be qualified to vote for senators and By \yliom cho- representatives, within the several towns of this Commonwealth, shall, at l^"n>ajorfty''of a meeting to be called for that purpose, on the first Monday of April, votes, annually, give in their votes ibr a governor, to the selectmen, who shall ,
preside at such meetings ; and the town clerk, in the presence and with ments, Arts, the assistance of the selectmen, shall, in open town meeting, sort and H-i X-. XIV. 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 declaration thereof in the said meeting ; and shall, in the presence 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 last Wednesday in May ; and the sheriti" shall transmit the same to the secretary's oflice, seventeen days at least before the said last Wednesday in May ; or the selectmen 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 representatives, on the last Wednesday in May, to be by them exam- ined ; and in case of an election by a majority of all the votes returned, the choice shall be by them declared and published ; but if no person shall How chosen, have a majority of votes, the house of representatives shall, by ballot, elect when no per- two out of four persons, who had the highest number of votes, if so many jority. shall have been voted for; but, if otherwise, 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 Avho shall be declared governor.]
ly. 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
3
18 CONSTITUTION.
council, for the ordering and directing the affairs of the
Commonwealth, agreeably to the constitution and the laws
of the land.
^orJ'^leTire'"^ ^ * ^^^ govcmor, witli advice of council, shall have full
general court powcr and authority, during the session of the general court,
and" convene to adjoum or proroguc the same at any time the two houses
the same. shall desirc ; [and to dissolve the same on the day next pre-
nfe^nt^ Art. X. ccdiug tlic last Wednesday in May ; and, in the recess of the
said court, to prorogue the same from 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 Commonwealth shall
require the same ; and in case of any infectious distemper
prevailing in the place where the said 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.
See amend- [And the governor shall dissolve the said general court on the day next
ments, Art. X. preceding the last Wednesday in May.]
TOmfc™ ma Td^ ^^' ^^ cascs of disagreement between the two houses, jouin tiie gen- with regard to the necessitv, expediency or time of adiourn-
eral court in , ^ •• ,1 •' ' 1 •' n ,■,
cases, &c., mcut Or prorogatiou, the governor, with advice ot the coun- ceeding ^ninety ^il, sliall liavc a right to adjourii or prorogue the general '•ay*- court, not exceeding ninety days, as he shall determine the
public good shall require. Governor to be VII. The govcmor of tliis Commonwcalth, for the time chief. being, shall be 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 com- mander, 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 conquer, by all fitting ways, enter- prises and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise 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 ser- vice, the law martial, in time of war or invasion, and also in .time of rebellion, declared by the legislature to exist, as
CONSTITUTION. 19
occasion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade or attempt the invading, conquering or annoying this Commonwealth ; and that" the governor be intrusted with all these and other powers incident to the offices of captain-general and com- mander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any time Limitation. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, trans- port any of the inhabitants of this Commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court ; except so far as may be necessary to march or trans- port 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 offences, except such as Governor and persons may be convicted of before the senate, by an impeach- pardoL of-"^ ment of the house, shall be in the governor, by and with the ceptr&c.^^" advice of council ; but no charter or pardon, granted by the But not before governor, with advice of the council, before conviction, shall conviction, avail the party pleading the same, notwithstanding any gen- eral or particular expressions contained therein, descriptive
of the offence or offences intended to be pardoned.
IX. All judicial officers, [the attorney-general, the solici- ^JrV,''&e!*V°o^ tor-general, all sheriffs,] coroners [and registers of probate,] nom'inated and shall be nominated and appointed by the governor, by and see°am'end- with the advice and consent of the council ; and every such xiv!!x\-ii; nomination shall be made by the governor, and made at and xix. least seven days prior to such appointment.
X. The captains and subalterns of the militia shall be Mintia officers^ elected by the written votes of the train-band and alarm list
of their respective companies, [of twenty-one years of age see amend- and upwards ;] the field officers of regiments shall be elected "^^^ s, r . . by the written votes of the captains and suljalterns of their respective regiments ; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades ; and such officers, so elected, shall be commissioned by the Howcommis- governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time ^^^^^g^j."^* ''^ and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected.
20 CONSTITUTION.
Major-generals, The major-srenerals shall be appointed by the senate and
how appointed i pji- ii- ,• n
and coinmis- housc 01 representatives, each having a negative upon the
sioned. other ; and be commissioned by the governor.
Vacancies, how And if the clcctors of brigadiers, field officers, captains or
filled, m case, g^^jijalterns shall neglect or refuse to make such elections,
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.
Officers duly [And no officer, duly commissioned to command in the militia, sball be
commissioned, removed from his office, but by the address of both houses to the eovernor, Jiow rtniovGCl. *.... o'
See amend- or by fair trial in court-martial, pursuant to the laws of the Commonwealth ments, Art. IV. for the time being.]
Adjutants, &c., The Commanding officers of regiments shall appoint their ow appoin e . g^(jjjj^g^j-j^g r^T^^ qiiartermastcrs ; the brigadiers their brigade-
Adjutant-gen- majors ; aiid the major-generals their aids ; and the governor
*'"''■ shall appoint the adjutant-general.
Aimy officers. The govcmor, witli advice of council, shall appoint all
low appom e . Qg^ggj,g ^^ ^^^ Continental army, whom by the confederation of the United States it is provided that this Commonwealth shall appoint, — as also all officers of forts and garrisons.
Organization of The divisious of tlic militia into brigades, regiments and
militia. . j • c ±.^ •^•i.• ^
companies, made in pursuance oi the miiitia laws now in force, shall be considered as the proper divisions of the militia of this Commonwealth, until the same shall be altered in pursuance of some future law. Money, iiow XI, ^o moiicys sliall be issued out of the treasury of
drawn from the ■, . r^ -, ■, -it i^^ i
treasury, ex- this Commoiiwealth and disposed oi (except such sums as
.cept, &c. ^^^^^ |_^^ 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 Commonwealth,
and for the protection and preservation of the inhabitants
thereof, agreeably to the acts and resolves of the general
court.
Public boards XII. All public boards, the commissary-general, all super-
cers to make intending omccrs 01 public magazines and stores, belonging
turns!^*^^^ ^^ to this Commoii Wealth, 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, ammunition, cannon with
their appendages, and small arms with their accoutrements,
and of all other public property whatever under their care,
respectively; distinguishing tliQ quantity, number, quality
and kind of each, as particularly as may be ; together with
CONSTITUTION. 21
the condition of such forts and garrisons ; and the said com- manding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors, adjacent.
And the said boards, and all public officers, shall commu- nicate to the governor, as soon as may be after receiving the same, all letters, dispatches and intelligences of a public nature, which shall be directed to them respectively.
XIII. As the public good requires that the governor salary of gov- should not be under the undue influence of any of the mem- bers of the general court, by a dependence on them for his support — that he should, in all cases, act with freedom for the benefit of the public — that he should not have his atten- tion 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 magistrate — it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those pur- poses, and established by standing laws : and it shall be among the first acts of the general court, after the com- mencement of this constitution, to establish such salary by law accordingly.
Permanent and honorable salaries shall also be established ^.'^|f/^j4,°^Jj^e' by law for the justices of the supreme judicial court. judicial court.
And if it shall be found that any of the salaries aforesaid, salaries to be
. f. ini • • Piuarged, it in-
so estalnished, are insufficient, they shall, Irom time to time, sufficient. be enlarged, as the general court shall judge proper.
CHAPTER II.
Section II.
Lieutenant- Governor.
Aet. I. There shall be annually elected a lieutenant- Lieutenant- governor of the Commonwealth of Massachusetts, whose title utie "and quau- shall be — His Honor ; and who shall be qualified, in point fixations, of religion, property, and residence in the Commonwealth, see .amend- in the same manner with the governor ; and the day and in., yi., x'. manner of his election, and the qualifications of the electors, ^^^ ^^' shall be the same as are required in the election of a gov- ernor. The return of the votes for this officer, and the How chosen, declaration of his election, shall be in the same manner ; [and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the senate
22
CONSTITUTION.
President of council.
Lieutenant- governor a member of, ex- cept, &c.
Lieutenant- governor to be acting gov- ernor, in case, &c.
and house of representatives, 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 gov- ernor shall be vacant.
III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the Commonwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incum- bent 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.
CHAPTER II Section III.
Council.
See amend- ments. Art. XVI.
Number ; ' from whom, and how chosen.
See amend- ments, Arts. X., XIII. and XVI
Senators be- coming council- lors, seats va- cated.
Rank of coun- cillors.
No district to have more than two.
Council^ and the Manner of settling Elections by the Legislature.
Art. I. There shall be a council, for advising the gov- ernor 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 council- lors, 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, according to the laws of the land.
[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 num- ber 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, shall be vacated in the senate.]
III. The councillors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenant- governor.
[IV. Not more than two councillors shall be chosen out of any one district In this Commonwealth.]
CONSTITUTION. 23
V. The resolutions and advice of the council shall be f^£^^^ "^ recorded in a register and signed by the members present ;
and this record may be called for, at any time, by either house of the legislature ; and any member of the council may insert his opinion, contrary to the resolution of the majority.
VI. Whenever the office of the governor and lieutenant- council to exer-
o cise tne power
governor shall be vacant by reason oi deatn, absence, or of governor, in
otherwise, then the council, or the major part of them, 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 either
of them, were personally present.
[VII. And whereas the elections appointed to be made by this consti- Elections may
tution on the last Wednesday in May annually, by the two houses of the untit &c!™*'*^ legislature, may not be completed on that day, the said elections may be
adjourned from day to day, until the same shall be completed. And the Order thereof,
order of elections shall be as follows : the vacancies in the senate, if any, ^^jg^jj^g^ts
shall first be filled up ; the governor and lieutenant-governor shall then ^rts. XVI. and
be elected, provided there should be no choice of them by the people ; XXV. and afterwards the two houses shall proceed to the election of the council.]
CHAPTER II.
Section IV. /Secretary, Treasurer, Commissary, <&c.
Art. I. [The secretary, treasurer and receiver-general, f^^'^^^jf^J; ^nd and the commissary- general, notaries public and naval offi- how chosen. cers, shall be chosen annually, by joint ballot of the senators m*(fnts,"Artsl and representatives, in one room.] And, that the citizens of ^^' ^^^ ^^^^' this Commonwealth may be assured, from time to time, that Treasurer ineii-
...•', 1 T J j_i i gible for more
the moneys remaining m the public treasury, upon the set- than Ave suc- tlement and liquidation of the public accounts, are their *=®^^'^^ y^^*"^- property, no man shall be eligible as treasurer and receiver- general more than five years successively.
II. The records of the Commonwealth shall be kept in secretary to the office of the secretary, who may appoint his deputies, to^'Ttt^e'iad^he for whose conduct he shall be accountable ; and he shall founciir&c!"^ attend the governor and council, the senate and house of representatives in person, or by his deputies, as they shall respectively require.
24 CONSTITUTION.
CHAPTER III.
JUDICIARY POWER.
Tenure of all Art. I. The teiiure that all commission officers shall by ce"To **be" °ex- l^w liavc in their offices shall be expressed in their respective juXlai officers commissions. All judicial officers, duly appointed, commis- to hold office sioucd and swctf'n, shall hold their offices during good be- havior, ^except, havior, excepting such concerning whom there is different f/* , provision made in this constitution : provided, nevertheless.
May be remov- ^' . n .-, -i xi
ed on address, thc govcrnor, With couscut 01 the couucil, may remove them
upon the address of both houses of the legislature. Justices of su- H. Each braucli of the legislature, as well as the governor court to" give and couucil, shall have authority to require the opinions of required. ^'^^"^ the justiccs of tlic suprcmc judicial court, upon important
questions of law, and upon solemn occasions. Justices of the HI. In order that the people may not suffer from the
peace ; tenure , .. . ■, n • i- f n -i
of their office, loug contmuauce in place oi any justice oi 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 expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the Commonwealth. hTdhf°"robate ^^ ' '^^^^ J^dgcs of probatc of wills, and for granting courts. 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, appoint such times and places ; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.
Causes of mar- [V. All causes of marriage, divorce and alimony, and all appeals from riage and di- ^jjg iudges of probate, shall be heard and determined by the fjovernor and determined. council until the legislature shall, by law, make other provision.]
CHAPTER IV.
DELEGATES TO CONGRESS.
Delegates to [The delegates of this Commonwealth to the congress of the United
congress. 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 commissioned, in the same manner, in their stead.] x
CONSTITUTION. 25
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, &C.
Section I.
The University.
Art. I. Whereas our wise and pious ancestors, so early Harvard col- as the year one thousand six hundred and thirty-six, laid the ^^'^' foundation of Harvard College, in which university 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 great benefit of this and the other United States of America, — it is declared, that the Powers, privi-
PrESIDENT AND FeLLOWS OF HARVARD COLLEGE, in their Ihl^pre^ident
corporate capacity, and their successors in that capacity, coaflrmed^*' their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privi- leges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy ; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever.
II. And whereas there have been, at sundry times, by Property de-
'' •/ viS6u,
divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New Eng- land, 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 the said gifts, Gifts, grants
.,.1*^. T ^ ^ r and convey-
grants, devises, legacies and conveyances, are hereby lorever ances coa- confirmed unto the president and fellows of Harvard College, ^'^^'^• and to their successors, in the capacity aforesaid, according to tlie true 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 Board of over- colony of Massachusetts Bay, passed in the year one thou- ed by general sand six hundred and forty-two, the governor and deputy- ^^^^ ° governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the
clergy in the said act described, constituted the overseers of
26 CONSTITUTION.
Harvard College ; and it being necessary, in this new con- stitution of government, to ascertain who shall be deemed successors to the said governor, deputy-governor, and magis- Overseerses- tratcs ; it is declared, that the govcmor, lieutcnant-governor, coustitution. council and senate of this Commonwealth, are, and shall be deemed, their successors ; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, 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 Power of alter- appertaining, to the overseers of Harvard College : provided, to'^tiie'^tegilia^ that nothing herein shall be construed to prevent the legis- tii""^- lature of this Commonwealth from making such alterations
in the government of the said university, as shall be condu- cive to its advantage, and the interest of the republic of let- ters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts Bay.
CHAPTER V.
Section II.
The Encouragement of Literature^ &c.
Duty of legisia- Wisdom and knowledge, as well as virtue, diffused gen- glstratesln^au crally amoug the body of the people, being necessary for see^'^lmend-'^*' ^^^ preservation of their rights and liberties ; and as these XVIII ^'' depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the uni- versity at Cambridge, public schools, and grammar schools in the towns ; to encourage private societies, and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanity and general benevo- lence, public aiid private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and generous sentiments, among the people.
CONSTITUTION. 27
CHAPTER YI.
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 ; PROVISION FOR A FUTURE REVISAL OF THE CONSTITUTION, &C.
Art. I. [Any person chosen governor, lieutenant-governor, councillor, Declaration of «enator or representative, and accepting the trust, shall, before he proceed f^igj'ative offi- to execute the duties of his place or office, make and subscribe the follow- cers. ing declaration, viz. : ..... See amend-
" I, A. B., do declare, that I believe the Christian religion, and have a ments, Art. firm persuasion of its truth ; and that I am seized and possessed, in my VII. own right, of the property required by the constitution, as one qualifica- tion 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 presence of the two houses of assem- bly ; and the senators and representatives, first elected under this consti- tution, before the president and five of the council of the former constitu- tion ; and forever afterwards, before the governor and council for the time being.]
And everv person chosen to either of the places or offices Declaration
„ •!! ' 1 1 ••Tj. and oaths of all
aforesaid, as also any person appointed or commissioned to officers. any judicial, executive, military or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the follow- ing declaration, and oaths or affirmations, viz. :
[" I, A. B., do truly and sincerely acknowledge, profess, testify and See amend- declare, that the Commonwealth of Massachusetts is, and of right ought to ^^^^^> Art. VI. 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 Common- wealth ; except 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, declara- tion or affirmation ; and that I do make this acknowledgment, profession, testimony, 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 faith- fully and impartially discharge and perform all the duties incumbent on me as , according to the
28
CONSTITUTION.
See amend- ments, Art. VI.
Oaths and affirmations, how admin- istered.
Plurality of offi- cers prohibited to governor, &c., except, &c.
See amend- ments, Art. VIII.
Same subject.
Incompatible offices.
See amend- ments. Art. VIII.
best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the Commonwealth. So help me, God."
[Provided, always, that when any person, chosen or appointed as afore- said, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the fore- going form, and subscribe the same, omitting the Avords, " I do swear," " and abjure," " oath or," " and abjuration," in the first oath ; and in the second oath, the words " swear and," and in each of them the words, " So help me, God ; " subjoining instead thereof, " This I do under the pains and penalties of perjury."]
And the said oaths or affirmations shall be taken and sub- scribed by the governor, lieutenant-governor and councillors, before the president of the senate, in the presence of the two houses of assembly ; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former constitution ; 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 time to time shall be prescribed by the legislature.
II. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any other office or place, under the authority of this Commonwealth, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justices of the peace 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, whatever.
No person shall be capable of holding or exercising at the same time, within this State, more than one of the following offices, viz. : judge of probate — sheriff — register of probate — or register of deeds ; and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of repre- sentatives, 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 excepted, shall be held by one person.
No person holding the office of judge of the supreme judicial court — secretary — attorney-general — [solicitor-gen- eral]— treasurer or receiver-general — judge of probate — commissary-general — president, professor or instructor of Harvard College — sheriff — clerk of the house of representa- tives— register of probate — register of deeds — clerk of the supreme judicial court — [clerk of the inferior court of com- mon pleas] — or officer of the customs, including in this
CONSTITUTION. 29
description naval officers — shall at the same time have a seat in the senate or house of representatives ; but their being chosen or appointed to, and accepting 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 same subject. 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 Bribery, &c., the legislature, or any office of trust or importance under quaimcation." 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 vaiue of money this constitution, the value thereof shall be computed in prop|^erty\uaii- silver, at six shillings and eight pence per ounce ; and it fi'''*^'""®- shall be in the power of the legislature, from time to time, ^f^^^tg^^j?" to increase such qualifications, as to property, of the persons xiii. '
to be elected to offices, as the circumstances of the Common- wealth shall require.
IV. All commissions shall be in the name of the Com- Provisions re- monwealth of Massachusetts, signed by the governor, and missions. attested by the secretary or his deputy, and have the great
seal of the Commonwealth affixed thereto.
V. All writs, issuing out of the clerk's office in any of f''ec\jn"'^rif' the courts of law, shall be in the name of the Common- wealth of MassachusettF ; 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 return- able who is not a party, and be signed by the clerk of such court.
YI. All the laws, which have heretofore been adopted, ^^"^^["^"j^^^^^^f used and approved, in the Province, Colony or State of except, &c. 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.
YII. The privilege and benefit of the writ of habeas Benefit of ha- corpus shall be enjoyed in this Commonwealth, in the most cured, except, free, easy, cheap, expeditious and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
&c.
30 CONSTITUTION.
Jtyie!"^*'*"'^ VIII. The enacting style, in making and passing all acts, statutes and laws, shall he — " Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same."
Officers of for- [J'K. To the end there may be no failure of justice, or danger arise to ment continued the Commonwealth, from a change of the form of government, all officers, until, &c. civil and military, holding 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 constitution 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 legis- lative officers, bodies and powers, shall continue in full force, in the enjoy- ment 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 invested with their respective trusts, powers and authority. Provision for X. In order the more effectually to adhere to the principles of the tutioif^Amend- constitution, and to correct those violations which by any means may be mentsj Art. IX. made therein, as well as to form such alterations as from experience shall be found necessary, the general court, which shall be in the 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 unincorpo- rated plantations, 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. Same subject. And if it shall appear, by the returns made, that two-thirds of the qual-
ified voters throughout the State, who shall assemble and vote in conse- quence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued fi-om 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 by this constitution to be chosen.]
^rel^rl'in 'and ^^' '^^^^^ form of government shall be enrolled on parch- pubiishing this mcut, and deposited in the secretary's office, and be a part coustuution. ^|. ^j^^ loy^g, of the land ; and printed copies thereof shall be prefixed to the book containing the laws of this Common- wealth, in all future editions of the said laws.
CONSTITUTION. 31
ARTICLES OF AMENDMENT.
not with-
Art. I. If any bill or resolve shall be objected to, and appj-oy^d not approved by the governor; and if the general court shall j" "become ' a °* adjourn within five days after the same shall have been laid law.ifiegisia- before the governor for his approbation, and thereby prevent hrthe'^mea™ his returning it with his objections, as provided by the con- t^"^*^- stitution, such bill or resolve shall not become a law, nor have force as such.
Art. II, The general court shall have full power and f^power^"t^ authority to erect and constitute municipal or city govern- charter cities, ments, in any corporate town or towns in this Common- wealth, and to grant to the inhabitants 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 prescribe the manner of calling and holding public meetings of the inhab- itants 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 Proviso, 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 meeting duly warned and holden 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 annulled by the general court.
Art. III. Every male citizen of twenty-one years of age Qualifications
, nx,- 1 1 of voters for
and upwards, (excepting paupers and persons under guar- governor, lieu- dianship,) who shall have resided within the Commonwealth HoT'sefiators one year, and within the town or district, in which he may ^^^llJ^^^'^l^^' claim a right to vote, six calendar months next preceding Pick.sss. any election of governor, lieutenant-governor, senators, or ments"Arts'. representatives, and who shall have paid, by himself, or his aid'^^"^' parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth ; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, lieutentant-governor, sen- ators and representatives ; and no other person shall be entitled to vote in such elections.
32 CONSTITUTION.
Notaries public, Art. IV. NotaHes piiblic shall be appointed by the ffov-
how appointed • ,i ^ . t . , V • . n
and removed, emor, 111 the Same maimer as judicial oincers are appointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature.
Vacancies in [In case the office of secretary or treasurer of the Commonwealth shall
the offices of become vacant from any cause, durinf; the recess of the general court, the
trea>urer, how governor. With the advice and consent of the council, shall nominate and
filled in case, appoint, under such regulations as may be prescribed by law, a competent
See amend- ^"^^ suitable person to such vacant office, who shall hold the same until a
ments, Art. successor shall be appointed by the general court 1
XVII. '* Jo J
Commissary- Whenever the exigencies of the Commonwealth shall be'appoiS, require the appointment of a commissary-general, he shall incase, &c. j^g nominated, appointed and commissioned, in such maimer
as the legislature may, by law, prescribe. Militia officers, All officcrs commissioued to command in the militia, may
be removed from office in such manner as the legislature
may, by law, prescribe.
how removed.
Who may vote Art. V. In tlic elcctious of captaiiis and subalterns of subaitenis.* "" the militia, all the members of their respective companies, as
well those under as those above the age of twenty-one years,
shall have a right to vote.
taken b°' M '^^'^' ^^' ^^^^^^ad of the oath of allegiance prescribed by
officers. the constitution, the following oath shall be taken and sub-
scribed by every person chosen or appointed to any office, civil or military, under the government of this Common- wealth, 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 Massachusetts, and will su})port tlie constitution thereof. So help me, God." Proviso: Pi'dvi'led, That when any person shall be of the denomi-
affimr'"^^ nation called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word " swear," and inserting, instead thereof, the word " affirm," and omitting the words, " So help me, God," and subjoining, instead thereof, the words " This I do under the pains and penalties of perjury."
Tests abolish- Art. YII. No oatli, 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 qualify
them to perform the duties of their respective offices.
CONSTITUTION. 33
Art. YIII. No judge of any court of this Commonwealth, ^f^Xes"^'"*^ (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 councillor, or have a seat in the senate or house of representatives 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 resigna- tion 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 par- ^n,^t"t1ition^ ticular amendment or amendments to the constitution Ije how made. ' proposed in the general court, and agreed to by a majority 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 published ; 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 memljers 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 qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this Commonwealth.
Art. X. The political year shall begin on the first commence- Wednesday of January, instead of the last Wednesday of TA'fe^l ^°^''' 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 enmna-
6
34
CONSTITUTION.
Meetings for the choice of governor, lieu- tenant-gover- nor, &c., when to be held. May be adjourned. See amend- ments, Art. XV.
Article, when to go into oper- ation.
Inconsistent
provisions
annulled.
dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the gov- ernor. 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 gov- ernor. The governor, lieutenant-governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meeting for the choice of governor, lieutenant-governor, senators and representatives, shall be held on the second Monday of November in every year ; but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, 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 general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May as the commence- ment of the political year, shall be 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 October, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next fol- lowing, and until others are chosen and qualified in their stead, and no longer ; and the first election of the governor, lieutenant-governor, senators and representatives, to be had in virtue of this article, shall be liad 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 pro^'ision.
All the provisions of the existing constitution, inconsist- ent with the provisions herein contained, are hereby wholly annulled.
Religious free- dom establish- ed.
Art. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substi- tuted : —
" As the public worship of God, and instructions in piety, religion and morality, promote the happiness and prosperity
CONSTITUTION. 35
of a people, and the security of a republican government ; therefore the several religious societies of this Common- wealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to con- tract 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 denominations, demeaning themselves peaceably, and as good citizens 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 estab- lished by law."
[Art. XII. In order to provide for a representation of the citizens of Census of ratu- this Commonwealth, founded upon the principles of equality, a census of take?i*^ in 1837^ the ratable polls in each city, town and district of the Commonwealth, on and decennially the first day of May, shall be taken and returned into the secretary's ^^^'ereafter. office, in such manner as the legislature shall provide, 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 May, in manner Renresenta- aforesaid : and each town or city having three hundred ratable polls at the tives, how api- last preceding decennial census of polls, may elect one representative, portioned, and for every four hundred and fifty ratable polls, in addition to the first nfe^nts^Arts". three hundred, one representative more. XIII. and xxr.
Any town having less than three hundred ratable polls shall be repre- Towns having sented thus : The whole number of ratable polls, at the last preceding l*^!!^/'''*'* fP^' decennial census of polls, shall be multiplied by ten, and the product how repre- ' divided by three hundred ; and such town may elect one representative sented. 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 one or more Fractions, how repi'esentatives, with any number of polls beyond the necessary number, represented, may be represented, as to that surplus number, by multiplying such sur- plus number by ten, and dividing the product by four hundred and fifty ; and such city or town may elect one additional representative 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 may, by consent of Towns may a majority of the legal voters present at a legal meeting in each of said re^'ent'"/" '^^~ towns and districts, respectively, called for that purpose, and hejd previous districts. to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a representa- tive or representatives ; and such districts shall have all the rights, in
36
CONSTITUTION.
The governor and council to determine the number of rep- resentatives to which each town is en- titled
New apportion- ment to be made once in every ten years.
Inconsistent
provisions
annulled.
Census of in- habitants to be taken in 1840, and decennially thereafter, for basis of repre- sentation. See amend- ments. Art. XXII.
Senatoriiil dis- tricts declared permanent. See amend- ments, Art. XXII.
House of repre- sentatives, how apportioned. See amend- ments. Art. XXI.
Small towns, how repre- sented.
Towns may unite into rep- resentative districts.
Basis of repre- sentation, and ratio of in- crease.
regard to representation, which would belong to a town containing the same number of ratable polls.
The governor and council shall ascertain and determine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the num- ber of representatives 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 where any town has not a suffi- cient 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 years thereafter, by the governor and council, and the number of ratable polls in each decennial census of polls shall determine the number of representatives which each city, town and representative district may elect as aforesaid ; and when the number of representatives to be elected 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 inconsistent with the provisions hereby contained, are herein wholly annulled.]
Art. XTII. [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 ; which census shall deter- mine the apportionment of senators and representatives for the term of ten years.
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 assign the number of senatoi-s to be chosen in each district, according to the number of 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 representative ; and two thousand four hun- dred inhabitants shall be the mean increasing number, which shall entitle it to an additional representative.
Every town containing less than twelve hundred inhabitants shall be entitled to elect a representative as many times, within ten years, as the number one hundred and sixty is contairted in the number of the inhabi- tants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the Commonwealth 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 meeting. In each of said towns, respec- tively, 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 representative district, to continue for the term of ten years ; and such districts shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants.
The number of Inhabitants which shall entitle a town to elect one rep- resentative, and the mean increasing number, which shall entitle a town or city to elect more than one, and also the number by which the popula- tion of towns, not entitled to a representative every year, is to be divided,
CONSTITUTION. 37
shall be increased, respectively, by one-tenth of the numbers above men- tioned, 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 above mentioned.
In the year of each decennial census, the governor and council shall. The J^^^^^'g before the first day of September, apportion the number of representatives apportion the which each city, town and representative district is entitled to elect, and number of rep- ascertain how many years, within ten years, any town may elect a repre- oFeach"\own sentative, which is not entitled to elect one every year ; and the governor once in every shall cause the same to be published forth Avith. *^° years.
Nine councillors shall be annually chosen from among the people at Councillors to large, on the first Wednesday of January, or as soon thereafter as may be, t^e^^'peoplf "at by the joint ballot of the senators and representatives, assembled in one large. room, who shall, as soon as may be, in like manner, fill up any vacancies ^'p*,,^^'"^"^' that may happen in the council, by death, resignation or otherwise. No xvi.^' person shall be elected a councillor who has not been an inhabitant of this Qualifications Commonwealth for the term of five years immediately preceding his of councillors, 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 Julf-flclftion* be required as a qualification for holding a seat in either not required, branch of the general court, or in the executive council.
Art. XIY. In all elections of civil officers by the people Elections by
triG "dpodIc to
of this Commonwealth, whose election is provided for by the be by plurality constitution, the person having the highest number of votes ^^^ ^°*®^- shall be deemed and declared to be elected.
Art. XY. The meeting for the choice of governor, lieu- Time of annual
-I J !• 1111111 election of gov-
tenant-governor, senators and representatives, shall be held emor and legis- on the Tuesday next after the first Monday in November, ^^*"'"^' annually ; but in case of a failure to elect representatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November.
Art. XVI. Eight councillors shall be annually chosen by Eight councii- the inhabitants of this Commonwealth, qualified to vote for sen* by the*^'° governor. The election of councillors shall be determined people. by the same rule that is required in the election of governor. The legislature, at its first session after this amendment Legislature to shall have been adopted, and at its first session after the next State census shall have been taken, and at its first ses- sion after each decennial State census thereafterwards, shall divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing 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
38 CONSTITUTION.
for the division of the Commonwealth 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, l^gibiuty de- established by the legislature. No person shall be eligible to the office of councillor wh6 has not been an inhabitant of the Commonwealth for the term of five years immediately Day and man- preceding Ills election. The day and manner of the elec- &c. ' tion, the return of the votes, and the declaration of the said
elections, shall be the same as are required in the election Vacancies, how of govcrnor. Whenever there shall be a failure to elect the full number 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 u»T^'overu°° °^ ^^ ^^^^^ ^^^^^ vacaucics shall have happened. And that ment. there may be no delay in the organization of the government
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 councillors ; and ten days before the said first Wednesday 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 a«id house of representatives on the said first Wednesday in Jan- . nary, 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 manner provided in the constitution for the choice of such officers.
Election of sec- Art_ XVII. The Secretary, treasurer and receiver-gen-
urer7audUor eral, auditor, and attorney-general, shall be chosen annually,
genemi"bythe ou the day in November prescribed for the choice of gov-
peopie. ernor ; and each person then chosen as such, duly qualified
in other respects, shall hold his office for the term of one
year from the third Wednesday in January 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
Vacancies, iiow be sucli as are required in the election of governor. In
^"^'*" case of a failure to elect 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
CONSTITUTION. 39
cliosen on or before the third Wednesday in January next thereafter, fi'om the two persons who had the highest num- ber of votes for said offices on the day in November afore- said, 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 vacant, from any cause, during an annual or special session of the general court, such vacancy shall in like man- ner be filled by choice from the j^eople at large ; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his suc- cessor is chosen, and duly qualified in his stead. In case to qualify with- any person chosen or appointed to either of the offices afore- otherwise office said, shall neglect, for the space of ten days after he could *°cant. '^*^^"'^*^ otherwise enter upon his duties, to qualify 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 either of said offices Qualification unless he shall have been an inhabitant of this Common- ^"^i"^*^*®- wealth five years next preceding his election or appointment.
Aet. XVIII. All moneys raised by taxation in the towns school moneys and cities for the support of public scliools, and all moneys piieci for secta- which may be appropriated by the State for the support of '^^^^ schools. common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended ; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general Le^siature to law, for the election of sheriffs, registers of probate, commis- the election of sioners of insolvency, and clerks of the courts, by the people ter "If '^ p-o- of the several comities, and that district-attorneys shall be j'he pe^p'ie '^^ chosen by the people of the several districts, for such term of office as the legislature shall prescribe.
Art. XX. No person shall have the right to vote, or be Reading consti- eligible to office under the constitution of this Common- li^hTnd^wrif- wealth who^hall not be able to read the constitution in the quaUficltion7of English language and write his name : provided, however, voters, that the provisions of this amendment shall not apply to any
40
CONSTITUTION.
Census of legal voters and of inhabitiiiits, when taken, &c.
See General Stat, chapter 20.
House to con- sist of 240 mem- bers ; represent- atives to be apportioned upon ba.sis of legal voters.
Secretary shall certify to offi- cers authorized to divide coun- ties.
Meeting for di- vision to be first Tuesday in August.
Proceedings
person prevented by a physical disability from complying 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 effect.
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 Commonwealth, 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 enumeration 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 deter- mine the apportionment of representatives for the periods between the taking of the census.
The house of representatives shall consist of two hundred and forty members, which shall be apportioned by the legis- lature, 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 preced- ing special enumeration ; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it shall be the duty of the secretary of the Commonwealth, to certify, as soon as may be after it is determined by the legislature, the number of representatives to which each county shall be entitled, to the board authorized to divide each county into representa- tive districts. The mayor and aldermen of the city of Bos- ton, 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 by law, shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed as 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
CONSTITUTION. . 41
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 which shall be entitled to elect more
than three representatives. Every representative, for one Qf"fp"^^^^X^.
year at least next preceding his election, shall have been an tives.
inhabitant of the district 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 ^^^^^^^1^^° ^^t
county shall be numbered by the board creating the same, scribed and cer-
and a description of each, with 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 district, 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 election,
shall be prescribed by law. Not less than one hundred ^embe^s'^a^'^
members of the house of representatives shall constitute a quorum.
quorum for doing business ; but a less number may organize
temporarily, adjourn from day to day, and compel the
attendance of absent members.
Art. XXII. A census of the legal voters of each city and voterT and in- town, on the first day of May, shall be taken and returned ^^k'in'!''^^ ^^ ^^ into the ofiice of the secretary of the Commonwealth, 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 voters to be census aforesaid, a special enumeration shall be made of the tionmentrf""^' 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 deter- mine the apportionment of senators for the periods between the taking of the census. The senate shall consist of forty ^^nat^ to con-
sist 01 40 nriprn*
members. The general court shall, at its first session after bers. senato- each next preceding special enumeration, divide the Com- &c| dJstncts, monwealth into forty districts of adjacent territory, each dis- trict to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid : pro- Proviso. vided, however, that no town or ward of a city shall be divided 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 Qualifications elect one senator, who shall have been an inhabitant of this •^f ^®'^**°'"^- Commonwealth five years at least immediately preceding his
42
CONSTITUTION.
Sixteen mem- bers a quorum.
election, and at the time of his election shall be an inhabit- ant 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.
Residence of two years re- quired of nat- uralized citi- zen, to entitle to suffrage or make eligible to office. See amend- ment, Art. XXVI.
Vacancies in the senate.
Vacancies in the council.
Twenty-third article of amendments annulled.
[Art. XXIII. No person of foreign birth shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdic- tion 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 amendment shall not affect 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.]
Art. XXIV. Any vacancy in the senate shall be filled by election by the people of the unrepresented district, upon the order of a majority of senators elected.
Aet. XXY. In case of a vacancy in the council, from a failure of election, or other cause, the senate and house of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill 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 of amendment of the constitution of this Commonwealth, which is as follows, to wit : " No person of foreign birth shall be entitled to vote, or shall be eligible to office unless he shaU 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 amendment shall not affect the rights which any person of foreign birth pos- sessed 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.
CONSTITUTION. 43
The Framing and Popular Adoption of the Constitution.
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 meantime the Constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the Constitution had been adopted by the requisite number of votes, and the convention accordingly Resolved " That the said Constitution or Frame of Government shall take place on the last Wednes- day of October next ; and not before, for any purpose, save only for that of making elections, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1780.
Articles of Amendment. The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them approved and ratified April 9, 1821.
The tenth Article was adopted by the legislatures of the political years 1829-30, and 1830-31, respectively, and was approved aiid ratified by the people, May 11, 1831.
The eleventh Article was adopted by the legislatures of the political years 1832 and 1883, and was approved by the people, November 11, 1833.
The twelfth Article was adopted by the legislatures of the political years 1835 and 1836, and was approved by the people, the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the political years 1839 and 1840, and was approved by the people, the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nine- teenth Articles were adopted by the legislatures of the political years 1854 and 1855, 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 political years 1856 and 1857, and ratified by the people on the first day of May, 1857.
44 CONSTITUTION.
The twenty-third Article was adopted by the legislatures of the political years 1858 and 1859, and ratified by the people on the ninth day of May, 1859.
The twenty-fourth and twenty-fifth Articles were adopted by the legis- latures of the political years 1859 and 1860, and ratified by the people on the seventh day of May, 1860.
The twenty-sixth Article was adopted by the legislatures of the political years 1862 and 1863, and ratified by the people on the sixth day of April, 1863.
INDEX TO THE CONSTITUTION.
A.
Page
Adjutant-General, how appointed, 20
Adjutants of Regiments, how appointed, 20
Affirmations. See Oaths and Affirmations.
Agriculture, Arts, Commerce, &c., encouragement of, . . . 26
Amendments to the Constitution, how made, 33
Apportionment of Councillors, 37, 38
" of Representatives 15, 85, 36, 37, 40
" of Senators, 11, 12, 36, 41
Armies, Standing, to be maintained only with consent of Legislature, 7
Arras, Right of People to keep and bear, 7
Articles of Amendment, 81
Attorney-General, how appointed, iv)
" how elected, 88, 39
" Qualifications of, 89
" Vacancy in Office of, how filled, .... 38
Attorneys, District, how chosen, 39
Auditor, how chosen, 38, 39
^ " Qualifications of, 89
*• Vacancy in office of, how filled, 88
B.
Bail and Sureties, Excessive, not to be demanded, .... 8
Bills and Resolves, to be laid before the Governor for revisal, . 9 " " to have the force of law, unless returned within
five days, 10
" " to be void when not returned, if Legislature ad- journs within five days, 31
" " when vetoed, may be passed by two-thirds of
each House, 10
BUls, Money, to originate in the House of Representatives, . . 16
Body Politic, how formed, and nature of, . . . . . . 3
Bribery or Corruption in obtaining an Election, to disqualify for
office, 29
46
INDEX TO THE CONSTITUTION.
C.
Page
Census of Inhabitants, when and how taken, 36, 40
" of Legal Voters, when and how taken, . . . . 40, 41
'• of Ratable Polls, when and how taken, .... 35
Cities, General Court empowered to charter, 31
Civil and Military Officers, duties of, to be prescribed by Legisla- ture, 11
Commander-in-Chief. See Governor.
Commerce, Manufactures, Arts, &c., encouragement of, . . . 26
Commissary-General, when and how nominated, &c., ... 32
" " to make Quarterly Returns, .... 20
Commissioners of Insolvency, how chosen, 39
Commission Officers, Tenure of, to be expressed in Commission, . 24
Commissions, how made, signed, countersigned, and sealed, . . 29
Congress, Delegates to, how chosen and commissioned, . . 24
" " may be re-called, and others commissioned, . 24
" what Offices may not be held by members of, . . . 33
Constitution, Amendments to, how made, 33
" Revision of in 1795, provided for, .... 30 " to be enrolled, deposited in Secretary's Office, and
printed with the laws, 30
CoroneM, how appointed, 19
Corruption. See Bribery.
CouncU, and the manner of settling Elections by the Legislature, 22
" may exercise powers of Executive, when, &c., ... 23 " Members of, number, and how chosen, ... 22, 23, 37
" Members of, to be sworn in presence of both Houses, . 28
" Powers and Quorum of, 22,23
" Rank and Qualifications of Members of, ... . 22, 38
" Register of, subject to the call of either House, . . 23
" Resolutions and Advice of, to be recorded, ... 23
" Vacancies in, how filled, 38, 42
Court, Superior, Judges of, prohibited from holding other Offices, 33
" Supreme Judicial, Judges of, Tenure of Office, and Salary, 8, 21
Courts and Judicatories, may administer Oaths and Affirmations, . 10
" Clerks of, how chosen, 39
" of Probate. See Probate.
" of Record and Judicatories, the General Court may estab- lish, 10
Crimes and OflTences, Prosecutions for, regulated, . . . . 6, 7
D.
Debate, Freedom of, in Legislature, affirmed, ..... 8
Declaration of Rights, . . . . . . . . • 4
Delegates to Congress, how chosen, 24
" " may be recalled, and others commissioned, 24
District- Attorneys, how chosen, 39
Districts, Councillor, how established and arranged,
12, 37, 38
INDEX TO THE CONSTITUTION. 47
Page
Districts, Representative, how formed, 40
" " Towns may unite in, .... 35, 36 " Senatorial, how established and arranged, . . 12, 36, 41 Divorce and Alimony, causes of, how determined, .... 24 Duties of Civil and Military Officers, to be prescribed by Legisla- ture, 11
E.
Elections, by Legislature, Order and Adjournment of, . . . 28
" by the People, Plurality of votes to prevail in, . . 87
" Freedom of, affirmed, 6
Election Returns, by whom examined, &c., ' . * . . . . 13, 88
Enacting Style, established, 30
Encouragement of Literature, 26
Enrolment. See Constitution.
Equality and Natural Rights, recognized, 4
Estates, Valuation of, when taken, 11.
Executive Power, .17
" not to exercise Legislative or Judicial Powers, . . 9
Ex Post Facto Laws, injustice of, declared, 8
F.
Felony and Treason, conviction of, by Legislature, forbidden, . 8
Fines, Excessive, prohibited, 8
Freedom of Debate, in Legislature, affirmed, 8
G.
General Court, frequent sessions of, enjoined, 8
how formed, 9
may make Laws, Ordinances, &c., .... 10
may provide for the establishing of Civil Officers, . 10, 11 may prescribe the duties of Civil and Military •
Officers, 11
may impose Taxes, Duties and Excises, ... 11
may constitute Judicatories and Courts of Record, 10
may charter Cities, ". . 31
may be prorogued by Governor and Council, . . 18 when to assemble, and when to be dissolved, . . 9, 18, 33
Government, Frame of, 9
" Executive, Legislative and Judicial Departments 'of,
limits defined 9
" Objects of, 3
" Right of People to institute, alter, &c., . . . 3, 5
Governor, qualifications of, 17, 27, 32
" Salary of, 21
" when and how chosen, 17, 31, 34, 37
« Official Title of, 17
48 INDEX TO THE CONSTITUTION.
Governor to be sworn in presence of both Houses, " the holding of other Offices by, prohibited, " to be Commander-in-Chief of Militar}' Forces of State " may call Councillors together at his discretion, " and Council, may pardon Offences, after Conviction, «' shall sign such Bills and Resolves as he approves, . " shall return such Bills and Resolves as he does not ap
prove,
« and Council may prorogue the Legislature, " " shall examine Election Returns, .
Page
27,28
28,33
18
17
19
9
9, 10
18
13,38
H.
Habeas Corpus, benefit of, Secured, 29
" " not to be suspended more than twelve months, . 29
Harvard College, Powers, Privileges, Grants, &c., confirmed to, . 25
" " who shall be Overseers of, 2G
" " Government of, may be altered by Legislature, . 26
House of Representatives, 15
" " Members of, how apportioned and
chosen, . . . . . . 15, 16
84, 35, 36, 37, 40, 41, 42 " " qualifications of Members of, . 15, 37, 41 " « qualifications of Voters for Members of, 15, 31, 39 " " to judge of the qualifications, &c., of its
own Members, 16
" " to choose its own oflicers, establish its
own Rules, &c., 16
" " may punish Persons not Members, for
disrespect, &c., .."... 16 «« " may try and determine all cases involv- ing its Rights and Privileges, , . 16 " " shall be the Grand Inquest to Impeach, 16 " " all Money Bills to originate in, . . 16 " " not to adjourn for more than two days, 16
" " Quorum of, 16, 41
" " Members of, exempt from arrest on
Mean Process, 16
" " Towns may be fined for neglecting to
return Members to, ... . 15 " " Travelling Expenses of Members of, how
paid, 15
" " Oaths or Affirmations of Members, of,
how taken and subscribed to, . 27, 28, 32
I.
Impeachment, Limitation of Sentence for, 14
Impeachments, how made and tried, 14, 16
Imcompatible Offices, enumeration of, 28, 33
" Inhabitant," word defined, 12
INDEX TO THE CONSTITUTION.
49
Page
Inhabitants, Census of, when taken, 36, 41
Insolvency, Commissioners of, how chosen, 39
Instruction of Representatives and Petition to Legislature, Rights
of, affirmed, 7
J.
10
Judicatories and Courts of Record, Legislature may establish,
" " " may administer Oaths and Affir- mations,
Judicial Department, not to exercise Legislative or Executive
Powers, . . .
" Officers, how appointed,
" " to hold Office during good behavior, except, &c.,
" " may be removed on Address of Legislature,
Judiciary Pcfwer,
Judges of Courts, what other Offices may not be held by.
Judges of Probate, shall hold Courts on fixed days, &c., . " " Appeals from, how heard and determined,
" " what other Offices may not be held by,
Jury, Right of Trial by, secured,
Justices of the Peace, Tenure of Office of, ...
" " Commissions of, may be I'enewed,
" Supreme Judicial Court, Tenure of Office, and Salaries of, 8, 21, 24 " " " " what other Offices may not be held, 28, 33
" " " " Opinions of, may be required by
Executive or either branch of Legislature,
24
L.
Law-Martial, Persons not in Army or Navy, or Actual Militia
Service, not to be subject to, but by authority of Legislature, Laws, eveiy Person to have remedy in, for injury to Person or
Property,
" Ex Post Facto, unjust and inconsistent with Free Govern- ment,
" not repugnant to Constitution, Legislature may make, " of Province, Colony or State of Massachusetts Bay, not re- " pugnant to Constitution, continued in force, " power of suspending, only in Legislature, .... 8 Legal Voters, Census of, to be taken for representative apportion- ment, 35, 36, 40, 41
Legislative Department not to exercise Executive or Judicial
powers,
" Power,
Legislature. See General Court.
Lieutenant-Governor,
" " when and how chosen,
" " official title of, ....
" " qualifications of, ...
7
10
29
9 9
21
21,31, 33,34,37 21 21
50 INDEX TO THE CONSTITUTION.
Page
Lieutenant-Governor, powers and duties of, 22
" " to be sworu in presence of both Houses, . 28
Literature, Encouragement of, 26
M.
Magistrates and Officers, accountability of, 5
Major- Generals, how appointed and commissioned, ... 20 Martial Law, persons not in the Army, Navy, or actual Militia ser- vice, not to be subject to, 8
Meetings, Plantation, provisions respecting, 13
" Town, Selectmen to preside at, 12
Military Power, to be subordinate to Civil, 7
Militia Offices, vacancies in, how filled, ...... 20
" Officers, how elected and commissioned, . . . . 20, 82
" " how removed, 20, 32
Militia, organization of, into Brigades, Kegiments and Companies,
confirmed, 20
Money Bills, to originate in House of Kepresentatives, ... 16
Money, how drawn from the Treasury, 20
" value of, how computed, 29
Moneys raised for support of Common Schools, not to he applied
by Religious sects, 39
Moral Principles, necessity of observance in a Free Government, . 7
N.
Notaries Public, how chosen, 23
" " how appointed, Tenure of Office, &c., ... 32
o.
Oaths and Affirmations, Courts and Judicatories may administer, . 10
" " Official, Forms of, 27, 32
" " how and by whom taken and subscribed, 27, 28, 32
Oaths, Affirmations substituted, in behalf of Quakers, . . .28, 32 Ofi"ences. See Crimes and Oflences.
Office, Eight of People to secure Rotation in, 5, 6
« Equal Right of all to, affirmed, 6
" no person eligible to, who cannot read and write, . . 39
Offices, certain, incompatibility of, 28, 33
Officers, Civil, Legislature may provide for the naming and set- tling of, • 10
" Civil and Military, duties of to be prescribed by Legisla- ture, 11
" " " holding under Government of Massa- chusetts Bay, continued in Office, 30
Officers and Magistrates, accountability of, 5
Officers, Militia, how elected and commissioned, . . . . 20, 32
" " how removed, 20,32
INDEX TO THE CONSTITUTION. . 51
Page
Offices, Militia, vacancies in, how filled, 20
" Incompatible, 28, 33
" Plurality of, prohibited to Governor, Lieutenant-Governor,
and Judges, • • . 28, 33
P.
Pardon, Power of, vested in Governor and Council, ... 19
People, Eight of, to keep and bear Arms, 7
Person and Property, Remedy for Injuries to, should be in the laws, 6
Petition and Instruction, Right of, affirmed, 7
Plantations, Unincorporated, Tax-paying Inhabitants of, may vote
for Councillors and Senators, 13
Plurality of Votes, election of Civil Officers by, ... . 37
Political Year, when to begin and end, 33
Polls, Ratable, Census of, when taken, 85
Power, Executive, 17, 18
" Judiciary, 24
" Legislative, 9
Press, Liberty of, essential to Freedom, 7
Probate, Judges of, shall hold Courts on fixed days, &c. ... 24
" " Appeals from, how heard and determined, . 24
" " what other Offices may not be held by, . . 33
" Registers of, how appointed, . ^ 19
" " Election of, to be prescribed, .... 39 Property, Private, not to be taken for Public Uses without Compen- sation, 6
Property qualification for Office, may be increased by Legislature, .29
" , " " partially abolished, ... 37
Prosecutions for Crimes and Ofi'ences, proceedings in, regulated, • 6 Public Boards and Officers, Returns of, how, when and to whom
made, . * 20
" Officers, Right of People with reference to, ... . 5
" Services, the only Title to particular and exclusive Privileges, 5
" Worship, the Right and Duty of, 4
" " Legislature may require provision for, ... 4
Punishments, Cruel and Unusual, prohibited, ..... 8
Q.
Quakers, Affirmation of, as Public Officers, 28, 32
Qualifications of Governor, 17, 39
" of Lieutenant-Governor, 21, 39
« of Councillors, 37, 38, 39
" of Senators, 14, 37, 39, 41
" of Representatives, 15, 39, 41
" of Secretary, Treasurer, Auditor, and Attorney- General, . ^ . . . , 38
52 . INDEX TO THE CONSTITUTION.
Page
Qualifications of Voters, ....
" Moral, of Officers and Magistrates,
Qualification, Property, may be increased, " " partial abolition of,
Quorum of Council,
" of House,
" of Senate,
12
15, 31, 39, 42 7 29 37 17,23 16,41 14,42
Ratable Polls, Census of, when taken, ....... 35
" " Towns having less than 300, how represented, . 35
" " Towns having less than 150, how represented, . 15 Reading and Writing, necessary to enable Persons to Vote or hold
Office, . . . .' 39
Register of Council, to be kept, subject to the call of either House, 23 Registers of Probate. See Probate.
Religious Denominations, equal protection secured to aU, .» . 5, 34
" Societies, Right of, to elect their own Pastors, &c., . 5, 35
" " persons belonging to, Membership defined, . 35
Representation, In Council, basis of, 37
in House, 15,35,36,37,40,41
" in Senate, 11, 36, 41
Representatives. See House of R^resentatives.
Returns, Quarterly, how and by whom to be made, .... 20
Returns of Votes, by whom made, examined, &c., . . . 12, 13, 17
Revision of Constitution. See Constitution.
lights, Natural, Declaration of, &c., 4
s.
•
Salaries of Judges of Supreme Court, 8, 21
Salary of Governor, 21
Schools, INIouey raised and appropriated for, how to be applied, . 39
" Sectarian, appropriation of Money for, prohibited, . . 39
Search and seizure, the Right of every man to be secure from, . 7
Secretary, Treasurer, Commissary, &c., 23
Secretary of the Commonwealth, how chosen, 23, 38
" " " qualifications of, .... 39
" « « duties of, 23,39
" " " may appoint Deputies, &c., . 23
« " « vacancy in Office of, how filled, . 32, 39
Selectmen, Duties of, in calling and conducting Elections, . . 12
Self-government, Right of, asserted, 5
Senate, 11
" Members of, number, and how chosen, . . 11, 12, 31, 36, 41 " " qualifications of, . . . . W 14, 37, 39, 41, 42
INDEX TO THE CONSTITUTION.
53
Page
Senate, Members shall be sworn preliminary to trial of Impeach- ment, 14r
" " exempt ftom arrest on Mean Process, . . 16
" Quorum of, 14, 42
" vacancies in, how filled, 14, 42
" to be final judge of elections of its own Members, . . 13
" not to adjourn more than two days, 14
" shall choose its own Officers, and establish its own rules, . 14
" shall try Impeachments, 14
" may punish persons not Members, for disrespect, &c., . 16
" may determine all cases involving its Eights and Privileges, 16
Senators, Apportionment of, 11, 36, 41
" Oaths and Aflirmations, how taken and subscribed by, . 28 Senatorial Districts. See Districts.
Services, Public, the only title to particular privileges, ... 5
Sherifi"s, how appointed, 19
" how elected, 89
Soldier, not to be quai'tered in any house without consent of owner, 8
Solicitor-General, how appointed, 19
Standing Armies, without consent of Legislature, prohibited, . 7
Supreme Being, the Public "Worship of, a Right and Duty, &c., . 4
" Judicial Court, Tenure of Ofiice and Salaries of judges of, 8, 21
Sureties and Bail, excessive, not to be demanded, .... 8
Suspension of Laws, power of, only in Legislature, ... 8
T.
Taxation should be founded on consent, ....
Taxes, Excises, &c.. Legislature may impose, .
Tax, State or County, payment of, as qualification of Voter,
Tests, Religious, abolished,
Title of Governor,
" of Lieutenant-Governor,
Town Meetings, Selectmen to preside at, ...
Towns, having less than 800 Ratable Polls, how represented,
" having less than 150 Ratable Polls, how represented,
" may unite in Representative District, . Travel, Expenses of, to and from the General Court, how paid. Treason and Felony, Legislature not to convict of. Treasurer and Receiver-General, how chosen, . " " qualification of, " " eligibility limited to five years, " " vacancy in Office of, how filled. Trial by Jury, Right of, secured,
6,8 11
13,31 32 17 21 12 35 15
35,36
15
8
23,88 89 23
32,38 6,7
u.
University at Cambridge, &c..
25
54 INDEX TO THE CONSTITUTION.
V.
Page
Vacancies hi Couucil, how filled, 38, 49
" in Militia Offices, how filled, 20
" in Offices of Secretary, Treasurer, Auditor and Attorney- General, how filled, 32,38
" in Senate, how filled, 14
Valuation of Estates, when taken, 11
Veto of Bills and Resolves, PoAver of, conferred upon Governor, . 9
Vote, no person entitled to, who cannot read and write, . . 39
Voters, Legal, Census of, when taken, 40, 41
" qualifications of, 12,15,31,39,42
Votes, all Civil Officers to be elected by a plurality of, . . . 37 " Returns of, by whom made, examined, &c., . . .12, 13, 17, 38
w.
Worship, Public, the Right and Duty of all Men, .... 4
Writs, how made, issued, &c., 29
Y.
Year, Political, wheu to begin and end, ...... 33
§mtn\ ^hkits anb ^pcml "^cis
MASSACHUSETTS.
1870.
®=' The General Court of 1870 assembled on Wednesday, the fifth day of January. The oaths of ofSce required by the Constitution to be administered to the Governor and Lieutenant-Governor elect, were taken and subscribed by His Excellency William Claflin and His Honor Joseph Tucker, on Saturday, the eighth day of January, in the pres- ence of the two Houses assembled in convention.
ACTS
5
GEIS'EKAL A:^D SPECIAL
An Act to legalize the organization of the benevolent era- Chap. 1.
TERNITY OP CHURCHES IN THE CITY OF BOSTON.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows :
Section 1. The organization known as the Benevolenjt w|ii^|d*^°'^ Fraternity of Churches in the city of Boston, under chapter twenty-four of the acts of the year eighteen hundred and thirty-nine, is hereby declared a valid corporation, anything in the manner of their organization to the contrary notwith- standing.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1870.
An Act to amend an act to incorporate the new Bedford QJinrvy 9
avomen's reform and relief association. ^ '
Be it enacted, §'c., as follows :
Section 1. The first section of chapter two hundred and Amendment, forty-four of the acts of the year eighteen hundred and fifty- nine, is hereby amended by adding after the word " virtue " in the seventh line thereof, the words " and a home for poor and destitute females."
Section 2. The said association shall hereafter be known Name changed, as the New Bedford Female Reform and Relief Association.
Approved February 1, 1870.
An Act making appropriations for the compensation and Chat). 3. mileage of members of the legislature, and for the com- ^'
pensation of the chaplains, doorkeepers, messengers and pages of the senate and house of representatives.
Be it enacted, Sfc, as follows :
Section 1. The sums hereinafter named are appropriated, aJto''°?fg^*^°°^ to be paid out of tlie treasury of the Commonwealth, from the ordinary revenue, for the purposes specified, for the month of January of the present year, as ordered by the house of representatives, to wit :
1870.— Chapter 4.
Senators, mile- age.
Compensation.
Representa- tives, mileage.
Compensation. Chaplains.
Doorkeepers, messengers and pages.
Chap. 4.
Corporators.
For the mileage of senators, a sum not exceeding four hundred dollars.
For the compensation of senators, a sum not exceeding four thousand dollars.
For the mileage of representatives, a sum not exceeding two thousand three hundred dollars.
For the compensation of representatives, a sum not ex- ceeding twenty-two thousand five hundred dollars.
For the salaries of the chaplains of the senate and house of representatives, a sum not exceeding two hundred dollars.
For the compensation of the doorkeepers, messengers and pages of the senate and house of representatives, a sum not exceeding one thousand eight hundred and twenty-one dollars.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1870. Ajt Act to incorporate the trustees of the museum of fixe
ARTS.
Be it enacted, §"c., as follows :
Section 1. Martin Brimmer, Charles C. Perkins, Charles W. Eliot, WiUiam Endicott, Jr., Samuel Eliot, Francis E. Parker, Henry P. Kidder, William B. Eogers, George B. Emerson, Otis Norcross, John T. Bradlee and Benjamin S. Kotch, together with three persons to be annually appointed by the president and fellows of Harvard College, with the consent of the board of overseers, three persons to be annu- ally appointed by the trustees of the Boston Atheneeum, and three persons to be annually appointed by the Massachusetts Institute of Technology, if the said corporations shall make such appointments, and the mayor of the city of Boston, the president of the trustees of the public library and the super- intendent of public schools of said city, the secretary of the board of education, and the trustee of the Lowell Institute, Name and pur- ex officUs, are hereby made a body corporate by the name of The Trustees of the Museum of Fine Arts, for the purpose of erecting a museum for the preservation and exhibition of works of art, of making, maintaining and exhibiting collec- tions of such works, and of affording instruction in the fine arts ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in chapter sixty-eight of the General Statutes, and acts in addition thereto.
Section 2. The trustees of the Museum of Fine Arts may hold real and personal estate for the aforesaid purpose to the value of one million dollars.
pose.
Powers and du ties.
Eeal and per' sonal estate.
1870.— Chapters 5, 6. 5
Section 3. Whenever any vacancy shall occur among the vacancies in
DOflrd 01 tniS'
twelve trustees first named in this act, or their successors, trees. such vacancy shall be filled by the whole board of trustees at an annual meeting, or at a meeting specially called for that purpose, and additional trustees may be elected at any such meeting : provided, that the whole number of trustees shall not exceed thirty.
Section 4. This act shall take effect upon its passage.
Approved February 4, 1870. An Act to incorporate the proprietors of the woman's Qfian. 5.
JOURNAL. "'
Be it enacted^ §'c., asfolloivs :
Section 1. Henry B. Blackwell, Samuel E. Sewall, Eben- corporators. ezer D. Draper, their associates and successors, are hereby made a corporation, by the name of the Proprietors of the '^^^^ and pur- Woman's Journal, for the purpose of printing and publish- ing, in the city of Boston, a newspaper called the Woman's Journal ; with all the powers and privileges, and subject to Powers and du- all the duties, restrictions and liabilities set forth in all gen- eral laws which now are, or may hereafter be in force in this Commonwealth, applicable to manufacturing corporations.
Section 2. The capital stock of said corporation shall be capital stock ten thousand dollars, divided into shares of fifty dollars each, ^^ * "^^" with the right to increase the same to an amount not exceed- ing twenty thousand dollars. Said corporation shall not commence business until the whole capital of ten thousand dollars shall have been paid in in cash.
Approved February 4, 1870.
An Act to incorporate the American college and musical (Jfian. 6.
CONSERVATORY FOR THE BLIND. ^'
Be it enacted, ^'c, as follows :
Section 1. Samuel G. Howe, William Endicott, junior, corporators. Francis W. Bird, their associates and successors, are hereby made a corporation by the name of the American College ^'ame and pur- and Musical Conservatory for the Blind, for the purpose of ' """ establishing and maintaining, in the city of Boston or its vi- cinity, a college in which persons permanently or temporarily blind may receive instruction, by lectures, by embossed books, maps, diagrams, models, manikins, and by other ap- pliances adapted to the hearing and touch, in the higher branches of classical and scientific learning taught in the best colleges, to students who can see ; also a conservatory in which the best kind of musical instruction shall be given by able teachers, with the aid of the best instruments ; with all Powers and du- the powers and privileges, and subject to all the duties, lia-
pose.
ties.
1870.— Chapter 7.
bilities and restrictions set forth in the sixty-eighth chapter ' of the General Statutes. Si^e°tatl.^* Section 2. The said corporation may hold real estate, not exceeding in value one hundred thousand dollars, and per- sonal property not exceeding in value one hundred thousand dollars, all of which shall be devoted to the purposes afore- said. Approved February 4, 1870.
Chap. 7. -Aj^ Act making appropriations for the maintenance of the
GOVERNMENT DURING THE PRESENT YEAR.
Be it enacted, §'c., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth, 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 seventy, to wit :
Appropriations authorized.
S.J. court, clerk. G. S. 121, § 6.
Assistant-clerk. G. S. 121, § 20.
Reporter.
G. S. 121, § 56.
Expenses. G. S. 112, § 39.
SUPREME JUDICIAL COURT.
For the salary of the clerk of the supreme judicial court for the Commonwealth, three thousand dollars.
For the salary of the assistant-clerk of said court, one thousand five hundred dollars.
For the salary of the reporter of decisions of the supreme judicial court, three hundred dollars.
For the expenses of said court, a sum not exceeding twelve hundred dollars.
Superior court, j udges' salaries. 1867, 105.
SUPERIOR COURT.
For the salary of the chief justice of the superior court, four thousand five hundred dollars.
For the salaries of the nine associate justices of said court, thirty-seven thousand eight hundred dollars.
Judges, probate and insolvency : Suflblk. 1867, 357. Middlesex. 1867, 357.
Worcester. 1867, 357.
Essex. 1867, 357.
Norfolk. 1807, 357.
COURTS OP PROBATE AND INSOLVENCY.
For the salary of the judge of probate and insolvency for the county of Suffolk, three thousand dollars.
For the salary of the judge of probate and insolvency for the county of Middlesex, two thousand five hundred dollars.
For the salary of the judge of probate and insolvency for the county of Worcester, two thousand five hundred dollars.
For the salary of the judge of probate and insolvency for the county of Essex, two thousand five hundred dollars.
For the salary of the judge of probate and insolvency for the county of Norfolk, two thousand dollars.
1870.-~Chapter 7. 1
For the salary of the judge of probate and insolvency for fg^^^^^^^^ the county of Bristol, one thousand five hundred dollars.
For the salary of the judge of probate and insolvency for fJ^Tnou^th. the county of Plymouth, one thousand three hundred dol- lars.
For the salary of the judge of probate and insolvency for fg|'J^^^/®- the county of Berkshire, one thousand two hundred dollars. ''
For the salary of the judge of probate and insolvency for Hampden, the county of Hampden, one thousand three hundred dol- lars.
For the salary of the judge of probate and insolvency for ^g^||^®* the county of Hampshire, nine hundred dollars.
For the salary of the judge of probate and insolvency for fgg'^'^gy"" the county of Franklin, nine hundred dollars.
For the salary of the judge of probate and insolvency for fg^^lg^^^^' the county of Barnstable, nine hundred dollars.
For the salary of the judge of probate and insolvency for ^q^*^^®*" the county of Nantucket, five hundred dollars.
For the salary of the judge of probate and insolvency for ^^^Igf""*^' the county of Dukes county, five liundred dollars.
For the salary of the register of probate and insolvency f^f^j^^'^^^ for the county of Suffolk, three thousand dollars. iso?, 35V.
For the salary of the register of probate and insolvency ^jddiesex. for the county of Middlesex, two thousand dollars.
For the salary of the register of probate and insolvency Worcester, for the county of Worcester, two thousand dollars.
For the salary of the register of probate and insolvency Essex. for the county of Essex, two thousand dollars.
For the salary of the register of probate and insolvency Norfolk, for the county of Norfolk, one thousand five hundred dollars. '' " '
For the salary of the register of probate and insolvency Bristol, for the county of Bristol, one thousand three hundred dol- ' lars.
For the salary of the register of probate and insolvency fg^^g"*'*' for the county of Plymouth, one thousand two hundred dol- lars.
For the salary of the register of probate and insolvency ^orss?."" for the county of Hampden, one thousand two hundred dol- lars.
For the salary of the register of probate and insolvency fgl^^l^if^' for the county of Berkshire, one thousand two hundred dol- lars.
For the salary of the register of probate and insolvency Hampshire, for the county of Hampshire, nine hundred dollars.
For the salary of the register of probate and insolvency FranMin. for the county of Franklin, nine hundred dollars.
1870.— Chapter 7.
Barnstable. 1867, 357.
Nantucket. 1867, 357.
Dukes county. 1867, 357.
Assistant-regis- ters: Suffolk. 1867, 357.
Middlesex. 1867, 357.
Worcester. 1867, 357.
Essex. 1867, 357.
Norfolk. 1867, 357.
Expenses. G. S. 118, § 14.
For the salary of the register of probate and insolvency for the county of Barnstable, nine hundred dollars.
For the salary of the register of probate 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 in- solvency for the county of Suffolk, one thousand five hun- dred dollars.
For the salary of the assistant-register of probate and in- solvency for the county of Middlesex, one thousand five hundred dollars.
For the salary of the assistant-register of probate and in- solvency for the county of Worcester, one thousand five hundred dollars.
For the salary of the assistant-register of probate and in- solvency for the county of Essex, one thousand five hundred dollars.
For the salary of the assistant-register of probate and in- solvency for the county of Norfolk, eight hundred dollars.
For certain expenses of courts of insolvency authorized by the General Statutes, a sum not exceeding five hundred dollars.
District-attor- neys. Suffolk. 1867,349; 1869, 373.
Assistant. Suffolk. 1807, 349.
Eastern dis- trict. 1867, 349.
Northern dis- trict. 1867, 349.
Southern dis- trict. 1867, 349.
Middle district. 1867, 349.
South-eastern district. 1867, 349.
Western dis- trict. 1867, 349.
North-western district. 1867, 349.
DISTRICT-ATTORNEYS.
For the salary of the attorney for the county of Suffolk, three thousand five hundred dollars ; and for the salary of his clerk, one thousand dollars.
For the salary of the assistant-attorney for the county of Suffolk, two thousand one hundred dollars.
For the salary of the attorney for the eastern district, one thousand five hundred dollars.
For the salary of the attorney for the northern district, one thousand five hundred dollars.
For the salary of the attorney for the southern district, one thousand five hundred dollars.
For the salary of the attorney for the middle district, one thousand five hundred dollars.
For the salary of the attorney for the south-eastern district, one thousand five hundred dollars.
For the salary of the attorney for the western district, one thousand five hundred dollars.
For the salary of the attorney for the north-western dis- trict, one thousand dollars.
1870.— Chapter 7. 9
police courts.
For the salary of the justice of the police court in Adams, J^^^t^^gf"""*^- eight hundred dollars. Adams.'
For the salary of the justice of the police court in Cam- Cambridge. bridge, one thousand eight hundred dollars. ^^*^^' ^^'•'•
For the salary of the justice of the police court in Charles- g'g^''^|g'9*°^- town, one thousand two hundred dollars.
For the salary of the justice of the police court in Chel- cb^isea^. sea, one thousand six hundred dollars.
For the salary of the justice of the police court in Chico- cMcopee. pee, one thousand six hundred dollars.
For the salary of the justice of the police court in Fall Fan River. River, one thousand two hundred dollars.
For the salary of the justice of the police court in Glou- g°9"'^^^9*^'^- cester, one thousand six hundred dollars.
For the salary of the justice of the police court in Haver- ^^I^g^^J^^- hill, one thousand two hundred dollars.
For the salary of the justice of the police court in Law- ^g^^'^l^g*^®- rence, one thousand eight hundred dollars. '
For the salary of the justice of the police court in Lee, ^ee five hundred dollars.
For the salary of the justice of the police court in Lynn, Lynn. one thousand two hundred dollars. '
For the salary of the justice of the police court in Lowell, Loweu. two thousand two hundred dollars.
For the salary of the justice of the police court in Fitch- ritchburg. burg, one thousand three hundred dollars.
For the salary of the justice of the police court in Milford, Mi^ford. one thousand six hundred dollars.
For the salary of the iustice of the police court in New New Bedford. Bedford, one thousand five hundred dollars. ' ' '
For the salary of the justice of the police court in New- Newburyport. buryport, one thousand dollars. ^**^^' ^^^'
For the salary of the justice of the police court in Salem, f^l^^i-.^ one thousand eight hundred dollars.
For the salary of the justice of the police court in Spring- springfleid. field, two thousand dollars.
For the salary of the justice of the police court in Wil- ^'ifg'*"'^''' liamstown, three hundred dollars.
For the salaries of the clerks of the police courts, exclu- Jferkl*^""^^" sive of clerks elected under chapter one hundred and sixteen of the General Statutes, to wit :
For the salary of the clerk of the police court in Cam- ^g^g^'^g^gSe. bridge, one thousand dollars.
10
18T0.— Chapter 7.
Charlestown. 1869, 359.
Fall Kiver. 1869, 359.
Haverhill. 1867, 316.
Lawrence. 1869, 359.
Lowell. G. S. 116.
Lvnn. 1869, 359.
New Bedford. G. S. 116.
Newburyport. 1869, 359.
Salem. 1869, 359.
For the salary of the clerk of the police court in Charles- town, eight hundred dollars.
For the salary of the clerk of the police court in Fall River, eight hundred dollars.
For the salary of the clerk of the police court in Haver- hill, six hundred dollars.
For the salary of the clerk of the police court in Lawrence, one thousand dollars.
For the salary of the clerk of the police court in Lowell, one thousand dollars.
For the salary of the clerk of the police court in Lynn, eight hundred dollars.
For the salary of the clerk of the police court in New Bed- ford, eight hundred dollars.
For the salary of the clerk of the police court m Newbury- port, six hundred dollars.
For the salary of the clerk of the police court in Salem, one thousand dollars.
Municipal courts. Boston. 1866, 279.
Southern dis- trict, Boston. J869, 369.
Taunton. 1869, 359.
Worcester. 1868, 198.
MUNICIPAL COURTS.
For the salaries of the justices of the municipal court in Boston, nine thousand dollars.
For the salary of the clerk of the municipal court in Bos- ton, for criminal business, two thousand five hundred dollars.
For the salary of the justice of the municipal court for the southern district of Boston, one thousand eight hundred dollars.
For the salary of the clerk of the municipal court for the southern district of Boston, one thousand dollars.
For the salary of the justice of the municipal court in Taunton, one thousand two hundred dollars.
For the salary of the clerk of the municipal court in Taunton, eight hundred dollars.
For the salary of the justice of the municipal court in Worcester, two thousand dollars.
For the salary of the clerk of the municipal court in Wor- cester, one thousand two hundred dollars.
District court. Central Berk- shire, 1869, 416.
DISTRICT COURT FOR CENTRAL BERKSHIRE.
For the salary of the standing justice of the district court for Central Berkshire, one thousand six hundred dollars for the present year; and four hundred dollars for the year eighteen hundred and sixty-nine.
For the salary of the clerk of the district court for Central Berkshire, six hundred dollars for the present year ; and one
ISTO.—Chapters 8, 9. . 11
hundred and fifty dollars for the year eighteen hundred and sixty-nine.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1870. An Act to chaxge the name of the. essex street congrega- Chcip. 8.
TIONAL society.
Be it enacted, Sfc, as follows :
Section 1. The Essex Street Congregational Society shall '^^'^^ changed, hereafter be known as the Columbus Avenue Congregational Society.
Section 2. This act shall take effect upon its passage.
Approved February 7, 1870. An Act to authorize the boston and lowell railroad cor- QJid^^ 9.
PORATION TO construct A BRANCH RAILROAD TO THE MYSTIC "* *
RIVER RAILROAD, AND FOR OTHER PURPOSES.
Be it enacted, ^'c, as follows :
Section 1. The Boston and Lowell Railroad Corporation j^^l^^^^^oad is hereby authorized to construct and maintain a branch from MUk Row railroad, beginning at a point in the present track of their ticRiver'Raii- railroad within two hundred feet of Milk Row station, so ^°^^- called, in Somerville, and southerly of the bridge near said station y thence running easterly, by as direct a line as is rea- sonably practicable, to the Mystic River Railroad, at a point near the present crossing of the Boston and Maine and East- ern Railroads and within three hundred feet of the Ball sig- nal station, as the same now stands, near said crossing.
Section 2. Said branch railroad may cross the Boston May cross bos- and Maine Railroad and the Eastern Railroad and the Grand Ealtera and ' Junction Branch of the Boston and Albany Railroad, at naUrSa't*''''' grade : provided, said crossings shall be made and maintained grade. at the expense of said Boston and Lowell Railroad- Corpora- tion ; and the construction of each of said crossings shall be done in such manner as may be agreed upon in writing by said Boston and Lowell Railroad Corporation, with each of said other corporations respectively, and in case of disagree- ment in either case the whole matter relating to the construc- tion of such crossing shall be done under the direction of the railroad commissioners ; and provided, further, that when- Proviso, ever trains shall approach the said crossing on the said Bos- ton and Maine Railroad or on the said Eastern Railroad at the same time with the trains on the branch railroad hereby authorized to be constructed, the prior right to move forward shall be allowed the said Boston and Maine and Eastern Railroads.
12
1870.— Chapter 10.
Ma^y^enterupon SECTION 3. The Boston and Lowell Railroad Corporation, roads. by mcans of the branch railroad hereby authorized to be con-
structed, is further authorized to connect with, enter upon and use each of the railroads herein before mentioned, ac- cording to law, with the reciprocal right on the part of each of said railroads to enter upon, connect with and use said Boston and Lowell Railroad. And said Boston and Lowell Railroad Corporation is also authorized to lease or purchase said Mystic River Railroad, upon such terms as said corpora- tions may mutually agree. S^&r^r Section 4. The Boston and Lowell Railroad Corporation depo't near deep may purcliasc and improve such lands, wharves or buildings Harbor. ^^^^"^ upoii tlic line of Said Mystic River Railroad, or near the ter- minus thereof, as may from time to time be deemed requisite to establish a freight and shipping depot near the deep waters of Boston harbor.
Section 5. This act shall take effect upon its passage, and shall be void unless the location of the branch railroad hereby authorized to be constructed shall be filed within one year, and said branch shall be constructed within two years from the passage of this act. Approved February 7, 1870.
vnien to take effect.
Chap. 10. -^^ ■^^'^ MAKING APPROPRIATIONS FOR EXPENSES OF THE STATE ^ ' ' ALMSHOUSES ; THE STATE PRISON ; THE REFORM SCHOOL At WEST-
BOROUGH ; THE MASSACHUSETTS NAUTICAL SCHOOL ; THE INDUS- TRIAL SCHOOL FOR GIRLS, AND FOR OTHER PURPOSES.
Be it enacted, ^'c, as folloios :
Section 1. The sums hereinafter mentioned are appro- priated to be paid out of the treasury of the Commonwealth, from the ordinary revenue, unless otherwise specified, for the purpose of meeting the current expenses of the institutions hereinafter named, and for other purposes, during the year ending December thirty-first, in the year eighteen hundred and seventy, to wit :
Appropriatic autlionzed.
State alms- house, Tewks- bury. G. S.71. Monson. G. S.71; 1866, 209.
Bridgewater. G. S. 71 ; 1866, 198.
Kainsford Isl- and. G. S. 71.
CHABITABLE.
For the current expenses of the state almshouse at Tewks- bury, a sum not exceeding twenty-five thousand dollars.
For the current expenses of the state almshouse and state primary school at Monson, a sum not exceeding twenty thou- sand dollars.
For the current expenses of the state almshouse and state workhouse at Bridgewater, a sum not exceeding fifteen thou- sand dollars.
For expenses of the hospital property at Rainsford Island, a sum not exceeding one thousand and two hundred dollars.
1870.— Chapters 11, 12. 13
REFORMATORY AND CORRECTIONAL.
For tlie current expenses of the state prison, a sum not fselfs^a'^*''^" exceeding thirty thousand dollars.
For the current expenses of the state reform school at Reform school. "Westborough, a sum not exceeding fifteen thousand dollars.
For the current expenses of the Massachusetts nautical Nautical school. school, a sum not exceeding fifteen thousand dollars.
For the current expenses of the Industrial school for girls, industrial at Lancaster, a sum not exceeding ten thousand dollars. g. s. 75.
Section 2. This act shall take effect upon its passage.
Approved February 10, 1870. An Act to authorize the Atlantic works to increase its Chap. 11.
CAPITAL stock AND HOLD ADDITIONAL REAL ESTATE. "'
Be it enacted, ^'c, as follows :
Section 1. The Atlantic Works, organized under chapter $3oo,ooo addi-
,,,, Pini • ^ 1 tional capital
two hundred and seventy-one oi the acts ot the year eighteen stock.
hundred and fifty-three, is hereby authorized to increase its
capital stock, not exceeding three hundred thousand dollars ;
and to hold real estate to the value of two hundred and fifty $25^,000 addi-
thousand dollars in addition to the amount named in said estate.
charter.
Section 2. This act shall take effect upon its passage.
Approved February 10, 1870. An Act in addition to an act making appropriations for the Qfid^) 19
MAINTENANCE OF THE GOVERNMENT DURING THE PRESENT YEAR. "'
Be it enacted, §'c., as follows :
Section 1. The sums hereinafter mentioned are appro- Appropriations priated, to be paid out of the treasury of the Commonwealth, from the ordinary revenue, unless otherwise ordered, for the purposes specified, to meet the current expenses of the year ending on the thirty-first day of December, in the year eigh- teen hundred and seventy, to wit :
legislative department.
For the salaries of the clerks of the senate and house of a^ ^oust^^*^ representatives, five thousand dollars. isg?, 305. '
For the salary of the sergeant-at-arms, two thousand five sergeant-at- hundred dollars. ' iswfsos.
For the compensation of an engineer and such watchmen Engineer, and firemen as may be employed in the state house, a sum firtmen.^° ^^ not exceeding nine thousand two hundred dollars. f^\.'^^^' ^^^'
For fees of witnesses summoned before committees, a sum witnesses' fees. not exceeding eight hundred dollars. Sea,' 309.^^*^'
14
1870.— Chapter 12.
Lieut. -governor and council. G.S, 14, §2.
Governor's sec- retary. 1860, 298, § 4. Messenger. 1869, 406.
Assistant-mes- senger. 1807, 107.
Contingent ex- penses. G. S. 14, § 62.
EXECUTIVE DEPARTMENT.
For the mileage and compensation of the lieutenant-gov- ernor and council, a sum not exceeding twelve thousand dollars.
For the compensation of the private secretary of the gov- ernor, two thousand dollars.
For the compensation of the messenger of the governor and council, one thousand two hundred dollars.
For the compensation of the assistant-messenger of the governor and council, eight hundred dollars.
For the contingent expenses of the executive council, a sum not exceeding five hundred dollars.
Secretary of the Commonwealth
1800, 298.
First clerk. 1860, 298.
Second clerk. 1866, 298.
Messenger. 1869, 466.
Additional clerks. G. S. 14, §4; 1807, 107.
secretary's DEPARTMENT.
For the salary of the secretary of the Commonwealth, two thousand five hundred dollars.
For the salary of the first clerk in the secretary's depart- ment, two thousand dollars.
For the salary of the second clerk in the secretary's de- partment, one thousand seven hundred dollars.
For the salary of the messenger in the secretary's depart- ment, one thousand two hundred dollars.
For such additional clerical assistance as the secretary may find necessary for the performance of the duties of the de- partment, a sum not exceeding sixteen thousand dollars.
Treasurer. 1866, 298.
First clerk. 1809, 454.
Assistant-clerk and cashier. 1800, 298.
Additional
clerks.
G. S. 15, §12;
1807, 107.
TREASURER S DEPARTMENT.
For the salary of the treasurer and receiver-general, three thousand five hundred dollars.
For the salary of the first clerk in the treasurer's depart- ment, two thousand five hundred dollars.
For the salaries of the first assistant-clerk and of the cash- ier in the treasurer's department, three thousand four hun- dred dollars.
For such additional clerical assistance as the treasurer may find necessary, a sum not exceeding three thousand three hundred dollars.
Deputy tax commissioner.
1866, 298.
First clerk.
1867, 167.
TAX commissioner's BUREAU.
For the salary of the deputy tax commissioner, two thou- sand dollars.
For the salary of the first clerk of the tax commissioner, one thousand seven hundred dollars.
1870.— Chapter 12. 15
For the salary of the second clerk of the tax commissioner, second cierk. one thousand five hundred dollars.
For such additional clerical assistance as the tax commis- Addmonai sioner may find necessary, a sum not exceeding nine thou- i865, 28.3, § 12. sand dollars.
auditor's department.
For the salary of the auditor of accounts, two thousand Auditor of ac- five hundred dollars. ise?, 178.
For the salary of the first clerk in the auditor's depart- First cierk. ment, two thousand two hundred dollars. ■'®*^^' ^^^"
For the salary of the second clerk in the auditor's depart- second cierk. ment, one thousand seven hundred dollars. ^^^^' ^^®*
For such additional clerical assistance as the auditor may Additional find necessary, a sum not exceeding five thousand five hun- is^, iVs. dred dollars.
attorney-general's department.
For the salary of the attorney-general, three thousand five Attomey-gen- hundred dollars. is66"298.
For the salary of the assistant attorney-general, one thou- Assistant-attor- sand eight hundred dollars. ilisf^r'^^'
commissioners, et al.
For the salary of the commissioner of savings banks, three commissioner thousand dollars. bankl.^"^^
For the salary of the insurance commissioner, two thou- Srlfnce com- sand dollars. ' ^^of^T""' '
For the salary of the clerk of the insurance commissioner, cierk~ two thousand dollars. 1869,434.
The fees received as compensation for the valuation of life Additional policies are hereby appropriated, to be applied in accordance with the provisions of chapter four hundred and thirty-four of the acts of the year eighteen hundred and sixty-nine.
For the salary of the constable of the Commonwealth, three constable of thousand dollars, and for the compensation, travelling ex- we\itb!'"^°'^' penses, clerical, incidental and contingent expenses of the i865*^249^'T867 state police, a sum not exceeding one hundred and two thou- 349. ' ' sand five hundred and fifty dollars.
For the salary and office expenses of the inspector of gas- inspector of meters, three thousand dollars. f86i™i68!^§2.
For the salaries of the railroad commissioners, twelve Kaiiroad com- thousand dollars for the present year ; and five tliousand ^m^mHs. eight hundred thirty-five dollars for the year eighteen hun- dred and sixty-nine.
16
1870— Chapter 12.
Clerk. 1869, 408, § 7.
Liquor commis- sioner. 1869, 415, § 7.
Assayer of liq- uors. 1869, 415, § 25.
Secretary state board of health, 1869, 420.
Bureau of sta- tistics on labor. Kes. 1869, 102.
For the salary of the clerk of the railroad commissioners, two thousand dollars for the present year ; and eight hun- dred and eleven dollars and eighty-three cents for the year eighteen hundred and sixty-nine.
For the salary of the commissioner for the purchase and sale of spirituous and intoxicating liquors, four thousand dollars.
For the salary of the assayer and inspector of liquors, three thousand dollars for the present year ; and one thou- sand two hundred and fifty-eight dollars for the year eighteen hundred and sixty-nine.
For the salary of the secretary of the state board of health, two thousand five hundred dollars.
For the salary of the chief of the bureau of statistics on the subject of labor, two thousand five hundred dollars ; and for the salary of his deputy, two thousand dollars.
Secretary board of agriculture. 1867, 107.
Clerk. 1869, 96.
Additional clerks. Lectures. 1869, 96.
AGRICULTURAL DEPARTMENT.
For the salary of the secretary of the board of agriculture, two thousand five hundred dollars.
For the salary of the clerk of the secretary of the board of agriculture, one thousand one hundred dollars.
For the compensation of other clerical services in the ofiice of the secretary of the board of agriculture, and for lectures before the board of agriculture, a sum not exceeding four hundred dollars.
state charities. Secretary. 1869, 453, § 7.
Clerks. 1863, 240, § 7.
Agent. 1866, 298.
Clerks. 1863, 240, § 7.
Visiting agent. J869, 453.
■ Transportation .of state pau- pers. 1863, 240, § 2.
BOARD OF STATE CHARITIES.
For the salary of the secretary of the board of state char- ities, three thousand dollars.
For such clerical assistance as the secretary of the board of state charities may find necessary, a sum not exceeding five thousand five hundred dollars.
For the salary of the general agent of the board of state charities, three thousand dollars.
For such clerical and other assistance as the general agent of the board of state charities may find necessary, a sum not exceeding fifteen thousand dollars.
For the salary of the visiting agent of the board of state charities, the sum of two thousand five hundred dollars ; and for such clerical and other assistance as he may find neces- sary, a sum not exceeding five thousand dollars.
For the transportation of state paupers, to be expended by the agent of the board of state charities, a sum not exceed- ing thirteen thousand dollars ; and any additional assistance
t
1870.— Chapter 12. 17
necessary to effect such transportation shall be paid out of said sum : provided, a detailed report of such expenditures shall be rendered to the auditor of accounts on the first day of every month.
EDUCATIONAL DEPARTMENT.
For the salary and expenses of the secretary of the board Board of educa- of education, three thousand four hundred dollars, to be paid secretary. from the moiety of the income of the Mas^chusetts school ^^^'' '^'^' fund applicable to educational purposes.
For the salary and expenses of such agent or agents as the Agent, board of education may appoint, a sum not exceeding three thousand two hundred dollars, to be paid from the moiety of the income of the Massachusetts school fund applicable to educational purposes.
For the salary of the assistant-librarian and clerk of the ^In a^ud derk^' board of education, two thousand dollars. 1866,^98.
For such additional clerical assistance in the state library Additional as may be found necessary, a sum not exceeding one thou- g!s.*5; Res. sand five hundred dollars. al!^!^,!?'
1869, 68.' MILITARY DEPARTMENTS.
For the salary of the adjutant-general, two thousand five ^f,'^**°*'^®°" hundred dollars. isoo', 298.
For the salary of the first clerk of the adjutant-general, fjg!* ^i"^- two thousand dollars.
For such additional clerical assistance as the adiutant-gen- Additional
clerk'5
eral may find necessary, a sum not exceeding ten thousand 1866,299; ise?, four hundred dollars. ^^^'
For the salary of the surgeon-general, a sum not exceeding Surgeon-gen- two thousand five hundred dollars. For such clerical assist- cfierks. ance as the surgeon-general may find necessary, a sum not Jgg^' |g| ijg / exceeding two thousand dollars.
For the compensation of a messenger in the surgeon-gen- iggg^l"^^^^ eral's bureau, a sum not exceeding two hundred dollars.
For the completion of the bounty records of the Common- ^i*."'^ty7e<'<»;'is. wealth, under the direction of the governor, a sum not ex- 1866I 298,299'. ceeding two thousand dollars.
For the salary of the superintendent of the state arsenal of a^sln^^"*^^''* in Cambridge, a sum not exceeding one thousand eight hun- 1866,298,299. dred dollars.
For the compensation of the employes at the state arsenal Employes at
r^ \ • ^ t ■, -, i arsenal.
in Cambridge, a sum not exceeding two thousand seven hun- 1866, 298, 299. dred dollars.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1870. 3
18 1870.— Chapters 13, 14, 15.
Cha'D 13 ^^ ^^^ ^^ REVIVK THE CHARTER OF THE MONSON GRANITE ■* ' * COMPANY.
Be it enacted, §'c., as follows : Charter re- SECTION 1. Chapter One hundred and seventy-niiie, of the
for organizing Bcts of the year eighteen hundred and sixty-six, is hereby extended. revived and continued in force, and the time for organizing
said corporation authorized thereby is hereby extended two
years.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1870.
Chan 14 ^^ Act to incorporate the fall river manufacturers' mu- ^' ' tual insurance company.
Be it enacted, ^t., as follows : Corporators. SECTION 1. Stephen Davol, S. Angier Chace, David A.
Bray ton, their associates and successors, are hereby made a Name and pur- Corporation by tlie name of the Fall River Manufacturers' pose. Mutual Insurance Company, to be located in the city of Fall
River, for the purpose of insuring manufactories, and other
buildings, and their contents, against loss or damage by fire, Powers and du- ou the luutual principle ; with all the powers and privileges, *'^*' and subject to all the duties, liabilities and restrictions set
forth in all general laws which now are, or hereafter may be
in force, relating to such corporations. What policies SECTION 2. Said Corporation may issue policies upon any may issue. property, included in the terms of section first, situated in
the New England states, and in the states of New York, New Proviso. Jersey and Pennsylvania : provided, hoivever, that no policy
shall be issued until the sum of one million dollars has been
subscribed to be insured.
Section 3. This act shall take effect upon its passage.
Approved February 11, 1870.
Chan 1 5 ^^ -^^^ ^^ REVIVE the newton bank, for certain purposes.
Be it enacted, Sfc, as follows :
Charter revived Section 1. The Corporation heretofore known as the mIiang'conv*ey- president, dircctors and company of the Newton Bank, and estate^ "^^ locatcd in Newton, is hereby revived and continued for the purpose of enabling the president and directors of said New- ton Bank at the time when the same became an association for carrying on the business of banking under the laws of the United States, to re-convey, transfer, or release any real estate, or any interest therein, conveyed to said bank as col- lateral security for any indebtedness afterwards paid or dis- charged, unto the parties by whom such conveyance was
1870.— Chapters 16, 17, 18. 19
made to said bank, or to their assigns, and for no other pur- pose whatever.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1870.
— «
An Act in addition to an act to incorporate " the Gloucester (Jfiap. 16.
FIRE insurance COMPANY." "
Be it enacted, Sfc, as follows :
Section 1. The Gloucester Fire Insurance Company is May insure hereby authorized to insure against maritime losses, in addi- time losses. tion to the powers granted by virtue of chapter two hundred and eighty-five, of the acts of the year eighteen hundred and sixty- nine ; and it shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in all general laws which now are, or hereafter may be in force relating to fire and marine insurance companies.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1870.
An Act to amend the charter of the essex institute. ChoT). 17. Be it enacted, Sfc, as fnlloios :
Section 1. The Essex Institute shall have for its objects Advancement the advancement of the arts, literature and science, in addi- ° ^^ ^^ ^' tion to the objects for which the Essex Historical Society and the Essex County Natural History Society were incorporated. .
Section 2. The third section of chapter five, of the acts of Repeal. the year eighteen hundred and forty-eight, is hereby repealed.
Section 3. This act shall take effect upon its acceptance when to take by said Essex Institute at a meeting duly lield for that pur- ^^^'^''
pose. Approved February 12, 1870.
An Act to incorporate the taunton street railway company, njffjj^ 1 Q Be it enacted, Sj'c, as follows :
Section 1. William C. Levering, Henry G. Reed, Charles Corporators. Albro, William Mason, Samuel Colby, Artemas Briggs, Hez- ekiah W. Church, their associates and successors, are hereby made a corporation, by the name of the Taunton Street Rail- Name and pur- way Company, with authority to build, maintain and use a ^°**^' street railway, beginning at some convenient point or points at Weir village, in the city of Taunton, and running to City Square ; thence through the villages of Hopewell and Bri- tanniaville, to some convenient point or points at Whittenton village, in said city ; with all the powers and privileges, and Powers and du- subject to all the duties, liabilities and restrictions set forth *'^^' in all general laws, which now are or hereafter may be in force relative to street railway corporations.
20 1870.— Chapters 19, 20, 21.
Capital stock. SECTION 2. The Capital stock of said Corporation shall not exceed one hundred thousand dollars.
Section 3. This act shall take effect upon its passage.
Approved February 12, 1870.
« — _
ChCip. 19. ^^ -^^^ ^^ ADDITION TO AN ACT ESTABLISHING THE STATE "SVORK- " * HOUSE AT BRIDGEWATKR.
Be it enacted, Sfc, as folloivs :
imeS Section 1. Chapter two hundred and fifty-eight of the
acts of the year eighteen hundred and sixty-nine is hereby so far amended, that any one of the overseers of the poor of any city or town, or in the city of Boston, any member of the board of directors for public institutions, may make the complaint provided to be made under the first section of said act.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1870.
Chan 20 ^^ ^^^ concerning the suburban and Middlesex railroad i^' ' companies.
Be it enacted, §^e., as follows: Middlesex and SECTION 1. The Suburban Railroad Company is hereby
Siibiirhiii rill" i v •/
roads iliay con- autliorizcd to uuitc and consolidate with the Middlesex Rail-
sohdate. ^^^^^^ Company, at such time and on such terms as may be
mutually agreed upon by said corporations ; and when thus
■ united, said corporations shall constitute one corporation,
under the name of the Middlesex Railroad Company : pro-
-Proviso. vided, however, that the terms of such union shall be ap-
proved by a majority in interest of the stockholders of each of said corporations respectively, present and voting at meet- ings called for the purpose, at which a quorum shall be rep- resented.
rowers ana du- SECTION 2. The Corporation formed as aforesaid shall have, hold, possess and enjoy, all the powers, privileges, rights, franchises, property and estates, which at the time of such union may be held and enjoyed by each of the corpora- tions so united ; and shall be subject to all the duties, restric- tions and liabilities to which they may be at that time severally subject.
Section 3. This act shall take effect upon its passage.
Approved February 15, 1870.
Chnn 91 "^ ^^^ MAKING additional appropriations for certain ex- jT* penses authorized in the year eighteen hundred and sixty-
nine, AND PREVIOUS YEARS, AND FOR OTHER PURPOSES.
Be it enacted, Sfc, as follows: AiJpropriations SECTION 1. The sums hereinafter mentioned are appro- priated to be paid out of the treasury of the Commonwealth,
1870— Chapter 21. 21
from the ordinary revenue, except in cases otherwise ordered, for the purposes specified herein, to wit:
LEGISLATIVE DEPARTMENT.
For printing and binding ordered by the senate or house Printing and
Dinclino'" orQGrGQ
of representatives, or by the concurrent order of the two by legislature. branches, a sum not exceeding twelve thousand five hundred ^^^' ^^''°'''^- and seventy-three dollars and forty-seven cents.
For printing blanks and circulars, and the calendar of or- senate print- ders of the day for the use of the senate, a sum not exceed- Res', issg, 74. ing three hundred and eleven dollars and forty-seven cents.
For printing blanks and circulars, and the calendar of or- House printing, ders of the day for the use of the house of representatives, ^'^^^ ^ ' a sum not exceeding two hundred and seventeen dollars and seven cents.
For stationery for the senate, purchased by the clerk of the senate station- senate, a sum not exceeding one hundred and two dollars rJs. isso, 74. and eighty-one cents.
For contingent expenses of the senate and house of repre- Contingent ex- sentatives, a sum not exceeding one thousand and thirty-two tare. ' dollars and seventy-two cents. ^" ^' ^*' ^ ^^'
STATE PRINTING.
For printing and binding the series of public documents Public docu- iu the last quarter of the year eighteen hundred and sixty- q^sIX eight, a sum not exceeding two tiiousand eight hundred and thirty dollars and fifteen cents.
For printing the pamphlet edition of the general acts and Pamphlet edi- resolves of tbe year eighteen hundred and sixty-nine, a sum resolves'. not exceeding two thousand one hundred and fifteen dollars ^•^•^' iso^.es. and forty-seven cents.
For printing and binding the Supplement to the General f,"eP?]e™'^"i*° Statutes for the year eighteen hundred and sixty-nine, a sum statutes. not exceeding two hundred and seventy-three dollars and ^•^•^• eighty-nine cents.
MISCELLANEOUS.
For repairs, improvements and furniture of the state house Repairs and for the year eighteen hundred and sixty-nine, a sum not ex- state hous^e. ceeding two thousand four hundred and thirty-nine dollars g. s. 14, §62. and ten cents; and for the year eighteen hundred and sixty- eight, a sum not exceeding twenty-nine dollars and fifty-thres- ceut .
22
1870.— Chapter 21.
Incidental ex- penses, secre- tary's depart- ment. G. S. 14. Auditor's de- partment. 1867, 178.
Attorney-gen- eral's depart- ment. G. S. 14.
Militia bounty. 1866,219; 1867, 266.
Military ac- counts.
1866,219; 1867, 266.
Visiting agent, board of state charities. 1869, 45.3.
Secretary board of agriculture. G. S. 16.
Board of agri- culture, ex- penses. G. S. 16. Cattle commis- sioners. Res. 1866, 17.
Harbor com- missioners. 1S66, 149.
Nautical school. G. 8. 76.
Commissioners of Cape Cod Harbor. Res. 1867, 86.
Valuation books. 1861, 167.
Railroad com- missioners. 1869, 408, § 7.
Industrial school for girls. G. S. 75.
For incidental expenses of the secretary's department, a sum not exceeding one thousand two hundred and seventy- four dollars and forty-one cents.
For incidental expenses of the auditor's department, a sum not exceeding two hundred and thirty-two dollars and forty cents.
For fees, costs and court expenses of the attorney-general, and for incidental and contingent expenses of the attorney- general's department, a sum not exceeding three hundred and fifty-four dollars and eighty cents.
For militia bounty, a sum not exceeding seven thousand two hundred and fifty-four dollars and ninety-five cents.
For military accounts, a sum not exceeding one thousand five hundred and eighty-one dollars and ninety-two cents.
For expenses of the visiting agency of the board of state charities, a sum not exceeding seven hundred and ninety-four dollars and sixty-six cents.
For expenses of the secretary of the board of agriculture, a sum not exceeding one hundred and twenty-eight dollars and ninety-eight cents.
For the personal expenses of members of the board of ag- riculture, a sum not exceeding two hundred and fifty dollars.
For expenses of the cattle commissioners appointed in the year eighteen hundred and sixty-eight, a sum not exceeding twenty-five dollars.
For compensation and expenses of the harbor commission- ers, a sum not exceeding two thousand nine hundred and fifty-six dollars.
For the current expenses of the Massachusetts nautical school, a sum not exceeding four hundred and ninety-six dollars and sixty-nine cents.
For the compensation and expenses of the commissioners of Cape Cod harbor, a sum not exceeding two thousand four hundred and twenty-five dollars and seventeen cents, the same to be taken and paid from the coast defence fund.
For valuation books for the year eighteen hundred and sixty-nine, a sum not exceeding one thousand eight hundred and sixty-nine dollars and twenty-five cents.
For incidental and contingent expenses of the railroad commissioners, a sum not exceeding six hundred and eigh- teen dollars and forty-eight cents.
For the current expenses of the industrial school for girls, a sum not exceeding one thousand two hundred and twenty- five dollars and forty cents.
1870.— Chapter 22. 23
For expenses of the Rainsford Island Hospital property, a ^^^"^^spuii!' sum not exceeding one hundred and twenty dollars. Section 2. This act shall take effect upon its passage.
Approved February 16, 1870. An Act to amend the act incorporating the Worcester safe Chap. 22.
DEPOSIT AND TRUST COMPANY.
Be it enacted, Sfc, as folloios :
Section 1. It shall be lawful for the Worcester Safe De- ^e';ftV°;^te posit and Trust Company to invest its capital stock and all made. the moneys intrusted to it, or in any way received by it, in the authorized loans of the United States, or any of the New England states, or cities or towns of said states, and in the stock of national banks, or other banks organized in this Commonwealth ; in the first mortgage bonds of any railroad company incorporated in the New England states, which has earned and paid regular dividends for two years next preced- ing such investment, or in the bonds of any such railroad company as is unincumbered by mortgage, or in the stock of any such railroad companies; and the said corporation may what loans make loans upon mortgages on real estate within this Com- ™*^ *^™*^ monwealth, or upon the notes of corporations created under the laws of any of the New England states, and the notes of individuals, with a sufficient pledge as collateral of any of the aforesaid securities ; but all real estate acquired by fore- P'^^^*'!'^^® *^ closure of mortgage, or by levy of execution, shall be sold iic auction?" ' by public auction within two years after such foreclosure or levy.
Section 2. Said corporation shall semi-annually make a To make return
. , ,^ • • n • 1 ■ 1 • J 1 • ri to commission-
return to the commissioner oi savings banks in tins Common- er of savings wealth on or before the second Mondays of May and Novem- '''^'^'^*- ber, which shall be signed and sworn to by a majority of its board of directors ; and said return shall specify the follow- ing, namely : capital stock ; amount of all moneys and prop- erty in detail in the possession or charge of said company as deposits ; trust funds or for purposes of investment ; number of depositors ; investments in authorized loans of the United States or any of the New England states, or cities or towns, stating amount in each ; invested in bank stock, stating amount in each ; invested in railroad stock, stating amount in each ; invested in railroad bonds, stating amount in each ; loans on the notes of corporations ; loans on notes of indi- viduals ; loans on mortgage of real estate ; cash on hand ; rate, amount and date of dividends since last return ; and the commissioner of savings banks shall have access to the vaults, books and papers of the company, and it shall be his
24
1870.— Chapters 23, 24.
Repeal.
Chap. 23.
Corporators.
May construct a dike in Salis- bury.
To provide a landing place.
Powers and du- ties.
Chap. 24,
Corporators.
Name.
Powers and du- ties.
duty to inspect, examine and inquire into its affairs, and to take proceedings in regard to them in the same manner, and to the same extent, as if this corporation were a savings bank, subject to all the general laws which now are, or here- after may be in force, relating to such institutions in this regard.
Section 3. Sections four and five of chapter two hundred and ninety-six of the acts of the year eighteen hundred and sixty-nine, incorporating the Worcester Safe Deposit and Trust Company are hereby repealed. •
Section 4. This act shall take effect upon its passage.
Approved February IQ, 1870.
An Act to authorize the proprietors of certain tide meadows in salisbury to protect the same from overflow.
Be it enacted, §t., as follows :
Section 1. William Gushing, William S. Pettengill, Lewis Greenleaf, their associates, successors and assigns, proprietors of tide meadows in the town of Salisbury, situated on the south-easterly side of the Eastern Railroad, are authorized and empowered to construct a dike or embankment, or tide- gates, at the intersection of the said railroad with the town creek, so called, for the purpose of improving the said mead- ows, and protecting them against overflow by the tide in the Merrhnack River and in said creek.
Section 2. The said proprietors, in case they shall con- struct such dike or embankment, or tide-gates, as aforesaid, shall provide, for all persons entitled by law to use the said creek, a landing place on the north-westerly side of the said railroad.
Section 3. The said proprietors may manage their affairs as proprietors of general fields, and as such shall have all the powers and be subject to all the duties and liabilities con- ferred and imposed on the proprietors of general fields by the sixty-seventh chapter of the General Statutes.
Section 4. This act shall take effect upon its passage.
Approved February 17, 1870. Ax Act to incorporate the north end savings bank in the
CITY of boston.
Be it enacted, Sj-c, as follows :
Section 1. John H. Reed, Charles Amory, Robert Marsh, their associates and successors, are hereby made a corporation by the name of the North End Savings Bank, to be located northerly of Friend street, in the city of Boston ; with all the powers and privileges, and subject to all the liabilities and restrictions set forth in all general laws, which now are, or
1870.— Chapters 25, 26, 27. 25
may be in force in this Commonwealth, relative to institu- tions for savings.
Section 2. This act shall take effect upon its passage.
Approved February 17, 1870- An Act to increase the capital stock of the American watch Chap. 25.
COMPANY.
Be it enacted, ^'c, as follows :
Section 1. The American Watch Company, in the town $700,000 addi-
n TTT 11 . • . • , 1 i 1 . L L tional capital
of Waltham, may increase its capital stock to an amount not stock, exceeding seven hundred thousand dollars, in addition to the amount now allowed by law ; the same to be divided into shares of one hundred dollars each.
Section 2. This act shall take effect upon its passage.
Approved February 17, 1870. An Act to authorize the construction op a bridge over green Chan. 26.
HARBOR RIVER, IN MARSHFIELD.
Be it enacted, §'c., as follows :
Section 1. The county commissioners of Plymouth county May bmid
•^ *> */ DriQfirB over
are hereby authorized to construct a bridge, with a suitable Green Harbor draw to accommodate navigation, over Green Harbor River, MarTiifieid. in Marshfield, at a point not less than two thousand feet above the mouth of said river. Section 2, This act shall take effect upon its passage.
Approved February 19, 1870. An Act to amend an act to incorporate the boston dental Chap. 27.
COLLEGE. "*
Be it enacted, §"c., as follows :
Section 1, The trustees of the Boston Dental College Degree of doc- shall have authority to confer the degree of doctor of dental surgery may be surgery upon candidates therefor of adult age and of good cer/ahl^^coixdi"'^ moral character, who have pursued their professional studies ^^°'^^- three years under competent instructors, and have attended two full courses of lectures in the college : provided, that a Proviso, certificate of attendance upon one course of lectures in any respectable dental or medical college, or five years' reputable practice may be considered a substitute for the first course of lectures hereby required ; and provided, further, that candi- dates shall maintain a thesis and undergo an examination to the satisfaction of the faculty, and satisfy the professors of operative and mechanical dentistry of their ability to meet satisfactorily the requirements of their art.
Section 2. Section four of chapter two hundred and Repeal seventy-five of the acts of the year eighteen hundred and sixty-eight is hereby repealed.
Section 3. This act shall take effect upon its passage.
4 Approved February 19, 1870.
26
1870.— Chapters 28, 29, 30, 31.
Chap. 28.
1869, 92, § 1, amended.
Chap. 29.
May reduce capital stock.
Chap. 30.
May reduce capital stock.
Chap. 31.
Corporators.
Name and pur- pose.
Powers and du- ties.
Capital stock and shares.
An Act to amend an act concerning the appointment of men
FOR hose-carriages. Be it enacted, Sfc, as follows :
Section 1. Section one of chapter ninety-two of the acts of the year eighteen hundred and sixty-nine is hereby amended by inserting the words "or reservoirs" immediately after the word "hydrants."
Section 2. This act shall take effect upon its passage.
Approved February 19, 1870.
An Act to authorize the Northampton and Williamsburg street railway company to reduce the amount of its capi- tal stock.
Be it enacted, ^'c, as follows :
Section 1. The Northampton and Williamsburg Street
Railway Company is hereby authorized to reduce its capital
stock to one hundred thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1870.
An Act authorizing the albany street freight railway com- pany to reduce its capital stock. Be it enacted, §'c., as folloios :
Section 1. The Albany Street Freight Railway Company is hereby authorized to reduce its capital stock to seventy- five thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1870.
An Act to incorporate the Lawrence fire insurance company
OF boston. Be it enacted, Sfc, as folloios :
Section 1. William Perkins, Joseph B. Glover, Charles L. Young, their associates and successors, are hereby made a corporation, by the name of the Lawrence Fire Insurance Company of Boston, to be located in the city of Boston, for the purpose of making insurances against losses by fire ; with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or hereafter may be in force relating to such corpo- rations.
Section 2. Said corporation shall have a capital stock of two hundred thousand dollars, divided into shares of one hundred dollars each ; and shall have the right to increase the same, from time to time, to an amount not exceeding three hundred thousand dollars : provided, the amount of such in- crease be paid in in cash, within three years from the date of this act.
1870.— Chapters 32, 33, 34. 27
Section 3. Said corporation may commence business, J^^^™^/ when two hundred thousand dollars shall have been sub- business, scribed and paid in in cash.
Section 4. This act shall take effect upon its passage.
Approved February 22, 1870. An Act to revive the merchants' bank of lowell for certain ChctV. 32.
PURPOSES.
Be it enacted, ^-c, as follows :
Section 1. The existence of the corporation heretofore charter revived known as the President, Directors and Company of the Mer- of'^conveymg^^ chants' Bank, and located in Lowell, is hereby revived and real estate, continued for the purpose of enabling the president and direc- tors of said Mercliants' Bank, at the time when the same be- came an association for carrying on the business of banking under the laws of the United States, to convey, assign and transfer to the Merchants' National Bank of Lowell any real estate or interests therein of said Merchants' Bank, and for no other purpose whatever.
Section 2. This act shall take effect upon its passage.
Approved February 22, 1870. An Act to authorize the Suffolk savings bank, for seamen (Jfidj)^ 33^
AND others, to HOLD ADDITIONAL REAL ESTATE. •* *
Be it enacted, S)'c., as folloivs : ■
Section 1. The Suffolk Savings Bank, for Seamen and S°r°eli^S: others, is hereby authorized to hold real estate to the amount tate. of one hundred thousand dollars, in addition to the amount now authorized by law : provided, that no part of said amount Proviso, shall be invested in real estate, except in the purchase of a suitable site, and the erection or preparation of a suitable building to be used for banking purposes ; and all income, if any, arising from such real estate shall be devoted exclusively to the interests of said corporation.
Section 2. This act shall take effect upon its passage.
Approved February 22, 1870. An Act TO INCORPORATE THE NATIONAL GLASS INSURANCE company. Ckcip. 34.
Be it enacted, §'c., as follows:
Section 1. Charles S. Homer, John P. Palmer, Abram S. corporators. French, their associates and successors, are hereby made a corporation by the name of the National Glass Lisurance Name and pur- Company, in the city of Boston, for the purpose of making p°^^- insurances against the breaking of plate and other glass or mirrors; with all the powers and privileges, and subject to Powers and du- all the duties, restrictions and liabilities set forth in all gen- *^^^' eral laws which now are or hereafter may be in force relating to fire insurance corporations.
28 1870.— Chapter 35.
May issue poii- SECTION 2. Said Corporation is authorized to make and
cies upon con- . ,..„. ^ -.i i i,
ditions agreed issue policies 01 msuranco against loss or damage caused by
^^°^' tlie breaking of plate and other glass or mirrors, upon such
rates and conditions as may be specified in the agreement or policy of insurance between the said corporation and the re- spective parties obtaining such insurance.
anffares"^ SECTION 3. Said Corporation shall have a capital stock of one hundred thousand dollars, to be divided into shares, the
When may par valuc of whicli shall be one hundred dollars each ; and
commence busi- ^ , . , ncL J.^ j j ii r -i.
ness. may commence busuiess when nity tliousand dollars of its
capital stock shall have been subscribed for and paid in in cash; and the balance of said one hundred thousand dollars shall be paid in within one year from the time when said cor- poration shall commence business.
Section 4. This act shall take effect upon its passage.
Approved February 22, 1870.
Chap, 35. ■^'^ ^^"^ '^^ INCORPORATE THE TOWN OF NORFOLK.
Be it enacted, Sfc, as follows : towns°o7^° Section 1. All the territory now within the towns of
Wrentham, Wrcntham, Franklin, Medway and Walpole, in the county of way\ndVat' Norfolk, compriscd within the following limits, that is to say: as'townofNor^ beginning at a point on Charles River, in the north-west angle folk. of Wrentham, and following in an easterly course the present
line of division between Wrentham and Medfield to Stop River ; thence running southerly along said river, and sepa- rated by the thread of its stream from Walpole, to a point forty rods north of the mouth of the first brook running into said river, below Campbell's Mills, on the easterly side ; thence from said point, by a straight line, running to the junction of Back and Bird streets, in Walpole ; thence to the easterly side of said Bird street to its junction with West street; thence westerly by the northerly side of West street, twenty- five rods ; thence southerly and near to and westerly from the barn belonging to the home estate of Charles Bird, until said line strikes Stop River, one hundred and twenty rods south- erly from West street ; thence along said river as far as Wrentham and Walpole are separated by the thread of its stream ; thence by a straight line, running westerly of the Walpole almshouse and easterly of the farm buildings of Patrick Reardon, and easterly of the Dupee Blake place, so called, to a point on the line between Walpole aud Foxbor- ough, one hundred and twenty-five rods north-easterly from Dedham Rock ; thence from said point, following the present line of division, between Wrentham and Foxborough, to Ded- ham Rock ; thence southerly from said rock along the pres-
1870.— Chapter 35. 29
ent line of Wrentham and Foxborough to a point on said line on the southerly side of Pine street ; thence by a straight line to a point on the westerly side of Everett street, northerly of the house of Edmund T. Everett, and southerly of the Pond- ville cemetery, to a point on the westerly side of North street, jfive rods southerly of the farm buildings of Samuel J. Benn ; thence through the Stony Brook reservoir, near to the house of E. S. Nash, to a point on the line between Franklin and Wrentham, ninety rods southerly of the house late of Eliph- alet Lawrence ; thence running northerly, by a straight line, near to and west of the farm buildings of the home estate of J. E, Pollard, near the Elliot Felting Mills, near to and thir- ty-five rods west of the present residence of Saul B. Scott, to the southern extremity of Populatic Pond ; thence along the western shore of said pond, at low-water mark, to Charles River; thence in an easterly course upon Charles River, and separated by the thread of its stream from Med way to the centre of the iron bridge over said river ; thence upon the thread of said river to the bridge of the Med way branch rail- road ; thence along the southerly side of said railroad, twenty- eight rods, to a point ; thence from said point, by a straight line running in a north-easterly course, passing south-easterly of and near to the village of Deanville, near to and south of the old barn belonging to John Barber, to a point on Balti- more street, two rods from said barn ; thence by a straight line to the easterly side of the great bend in Charles River and near the old fording place ; tlience upon said river, and separated by the thread of its stream, from Medway to the point of beginning ; — is hereby incorporated into a town by the name of Norfolk; and said town of Norfolk is hereby Powers and du- invested with all the powers, privileges, rights and immuni- ties, and is subject to all the duties and requisitions to which other towns are entitled and subjected by the constitution and laws of this Commonwealth.
Section 2. The inhabitants of said town of Norfolk shall Ifa'^fandToun- be holden to pay all arrears of taxes, which have been legally "^y-.''^^ *"^ ^^ assessed upon them by the towns of Wrentham, Franklin, ^^^ ' Medway and Walpole, respectively ; and all taxes heretofore assessed and not collected, shall be collected and paid to the treasurers of the towns of Wrentham, Franklin, Medway and Walpole, respectively, in the same manner as if this act had not been passed ; and until the next general valuation of es- tates in this Commonwealth, the town of Norfolk shall annu- ally pay over to the said towns of Wrentham, Franklin, Med- way and Walpole, respectively, the proportion of any state or county tax which the said towns of Wrentham, Franklin,
30
1870.— Chapter' 35.
Maintenance of paupers.
School-houses, town debts, &c.
Representa- tives to the gen- eral court.
Medway and Walpole, respectively, may be required to pay, upon the inhabitants or estates hereby set off; said propor- tion to be ascertained and determined by the respective val- uations of the said towns of Wrentham, Franklin, Medway and Walpole, next preceding the passage of this act.
Section 3. Said towns of Wrentham, Franklin, Medway, Walpole and Norfolk, shall be respectively liable for the sup- port of all persons who now do, or shall hereafter stand in need of relief as paupers, whose settlement was gained by or derived from a settlement gained or derived within their re- spective limits.
Section 4. The towns of Wrentham, Franklin, Medway, Walpole and Norfolk shall retain the school-houses within their respective limits, and the town of Norfolk shall assume and pay its just and equitable proportions, according to its present assessed valuation, of any debt due or owing from the towns of Wrentham and Franklin, respectively, at the time of the passage of tliis act, and shall be entitled to re- ceive from said towns, respectively, its just and equitable proportion, according to said assessed valuation, of all the corporate property then owned by said towns of Wrentham and Franklin, respectively, including therein the school- houses retained by said Wrentham, Franklin and Norfolk, respectively ; and said town of Norfolk shall be held to refund to said towns of Wrentham and Franklin, respectively, its just proportion of the surplus revenue, whenever the same shall be called for according to law ; such proportion to be determined by the decennial state valuation next preceding such call. And in case the proportions aforesaid cannot be agreed upon by said towns of Norfolk, Wrentham and Frank- lin, respectively, the same shall be determined by three com- missioners, to be appointed by the superior court for said county of Norfolk, upon a petition of either of said towns.
Section 5. The territory of the town of Norfolk, hereto- fore part of the towns of Franklin and Walpole, for the pur- pose of electing representatives to the general court until the next decennial census, or until another apportionment be made, shall remain a part of said towns of Franklin and Walpole, respectively, and vote therefor at such places, re- spectively, as the said towns shall vote ; and the selectmen of Norfolk shall make a true list of all persons within their town, qualified to vote at every such election, and shall post up the same in said town of Norfolk, and shall correct the same as required by law, and shall deliver a true list of