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ACTS

RESOLVES

PASSED BY THE

General Ofoitrt of ^nmxtkmih,

IN THE YEAR

1892,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING

CHANGES IN THE STATUTES, CHANGES OF

NAMES OF PERSONS, ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

No. 18 Post Office Square.

1892.

A CONSTITUTION

FOUM OF GOVERNMENT

Commonto^altb of IHassacbus£tls.

PKEAMBLE.

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

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

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

CONSTITUTION OF THE

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

PART THE FIRST.

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

Equality and ARTICLE I. All mcu are l)orn free and equal, and have

ell men. certain natural, essential, and unalienable rights; among

which may be reckoned the right of enjoying and defend- ing their lives and liberties ; that of acquiring, possessing, and protecting property ; in fine, that of seeking and ob- taining their safety and happiness. Right and duty jj. It is the right as well as the duty of all men in

of public reli . itii i i-i

gious worship, society, publicly, and at stated seasons, to worship the the'^re^n!"" SuPREME Being, the great Creator and Preserver of the i2Aiien!*i29. univcrse. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship- ping God in the manner and season most agreeable to the dictates of his own conscience ; or for his religious pro- fession of sentiments ; provided he doth not disturb the public peace, or obstruct others in their religious worship. Amendment, HJ. [As tlic happiucss of a people, and the good order

tute'd 'for this, aiid preservation of civil government, essentially depend upon piety, religion, and morality ; and as these cannot be generally diffused through a community but by the institution of the public worship of God, and of public Legislature em- instructions in ])lety, Tclii^ion, and morality: Therefore,

pow6r6u to coro- i«/'^o' •^

pel provision for to prouiotc their happiucss, and to secure the good order public worship , ^^^^ preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for' the support and maintenance of public Protestant teachers

COMMONWEALTH OF MASSACHUSETTS. 5

of piety, roliijion, and morality, in all cases Avhere such l)rovisi()n shall not he made voluntarily.

And the i)e()ple of this connnonwcalth have also a right aire'n1iLnce°^°'° to, and do, invest their legislature with authority to enjoin thereon. u})on all the subjects an attendance upon the instructions of the i)ublic teachers aforesaid, at stated times and sea- sons, if there be any on whose instructions they can con- scientiously and conveniently attend.

Provided, notwithstanding, that the several towns, par- Exclusive right ishes, precincts, and other bodies politic, or religious socie- giou'rteachers' ties, shall, at all times, have the exclusive right of electing secured. their pul>lic teachers, and of contracting with them for their support and maintenance.

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

And every denomination of Christians, demeaning them- ah denomina- selves peaceably , and as good subjects of the commonwealth , protected*!"^ shall be equally under the protection of the law : and no subordination subordination of any one sect or denomination to another °^ °"^ «e<^' ^°

111 1 11- Till -1 another pro-

shall ever be established by law.] hibited.

IV. The people of this commonwealth have the sole Right of seif- and exclusive right of governing themselves, as a free, f^curTdT"' sovereign, and independent state ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or may not hereafter be, by

them expressly delegated to the United States of America, in Congress assembled.

V. All power residing orio-inally in the people, and Accountability

.. T • t n 1 1 1 llr' ofalloflicers,

hemg derived irom them, the several magistrates and etc. officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men. Services ren. have any other title to obtain advantages, or particular puwic'beinl the and exclusive privileges, distinct from those of the com- pee^i-aiynvi. inunity, than what arises from the consideration of ser- '(^ges, heredi-

1 T ,,. ii'-i • • '^"'y oftices are

Vices rendered to the public ; and this title being in absurd aud nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man

CONSTITUTION OF THE

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

Right of people to secure rota- tion in office.

All, having the qualifications prescribed, equally eligible to office. For the defini- tion of" inhabit- ant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative.

Taxation found- ed on consent. 16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 12 Pick. 184, 467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. T Gray, 363. 14 Gray, 154. 1 Allen, 1.30. 4 Allen, 474. Private prop- erty not to be taken for public uses without,

6 Cush. 327. 14 Gray, 15.5. 16 Gray, 417, 431.

born a magistrate, lawgiver, or judge, is absurd and unnatural.

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

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

IX. All elections ought to be free ; and all the inhab- itants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. 122 Mass. 595, 596.

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

1 Allen, 1.50.

11 Allen, 530.

12 Allen, 223, 230. 100 Mass. 544, 610.

103 Mass. 120, 624. 106 Mass. 356, 362. 108 Mass. 202, 213. Ill Mass. 130.

113 Mass. 45. 116 Mass. 463. 126 Mass. 428, 441.

127 Mass. 50, 52,

358, 363, 410, 413. 129 Mass. 659.

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

XL Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs Avhich he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it;

CO:\LMOXWEALTH OF MASSACHUSETTS. 7

completely, and without any denial ; promptly, and with- out delay ; contbrmably to the laws,

XII. Xo subject shall bo held to answer for any crimes Prosocntions or otience, until the same is fully and plainly, substantially, 8't"'ick!2ii. and formally, described to him ; or be compelled to accuse, 1" Pick! Ik or furnish evidence against himself. And every subject 2Mdt'^329^^' shall I^ne a right to produce all proofs that may be i2 0u8h. 246. favorable to him; to meet the witnesses against him face sGiay'^eo. to face, and to be fully heard in his defence by himself, loGray.h! or his counsel, at his election. And no subject shall be 2 A^/e'lf/slfi^' arrested, imprisoned, despoiled, or deprived of his prop- ll(f^}y^'4^g~ erty, immunities, or privileges, put out of the protection 473!

of the law, exiled, or deprived of his life, liberty, or 97 Mags.'57'o,' estate, but by the judgment of his peers, or the law of loo^iass. 237,

the In lid 295.

lue laua. io3Ma8B.4is.

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOS Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559.

And the legislature shall not make any law that shall T^'s'^Mo '■:'«! '^s;

o . -' jury lu cnminal

subject any person to a capital or iniamous punishment, cases, except, exceptino- for the government of the army and navy, with- s Gray, 329, 373.

OUttrialVjury.^ 103 Mass. 418.

XIII. In criminal prosecutions, the verification of facts, Cnmestobe in the vicinity where they happen, is one of the great- ?iduity!"

est securities of the life, liberty, and property of the 121 M'^'ss^'ei, 62, citizen.

XIV. Every subject has a right to be secure from all Right of search

^ 1 ^ -1 ' CI- !• and seizure

unreasonable searches, and seizures, or his person, his regulated. houses, his papers, and all his possessions. All w^arrants, Amend°tiv. " therefore, are contrary to this right, if the cause or founda- Icalh^f^Q. tion of them be not previously supported by oath or affir- i,.!^/,^^''^:.,

1 •/« 1 1 • 1 • •! /v 13 Gray, 4o4.

mation, and 11 the order in the warrant to a civil officer, to 10 Alien, 403.

, 1 . J T 1 J , 100 Mass. 136,

make search m suspected places, or to arrest one or more 139. suspected persons, or to seize their property, be notaccom- ^^1^ ^^^^^ -'^9' paniedAvith a special designation of the persons or ol)jects of search, arrest, or seizure : and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.

XV. In all controversies concerning property, and in Right to triaiiiy

U., 1 , , '^ '■'-.. "^ . jury sacred, es-

suits between two or more persons, except in cases in cept, etc.

which it has heretofore been otherways used and practised, Amend°t vil'

the parties have a right to atrial by jury ; and this method 7 pick.' lee.'

of procedure shall be held sacred, unless, in causes arisino; 5 Gray, 144.

\l1 1 • 1 1 1 1 ; , • , 8 Gray, 3i3.

on the high seas, and such as relate to mariners wages, 11 Alien, 574, the legislature shall hereafter find it necessary to alter it. loi'Mass. 45,

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

CONSTITUTION OF THE

Liberty of the press.

Right to keep and bear arms. Standing armies dangerous. Mil- itary power sub- ordinate to civil. 5 Gray, 121.

Moral qualifica- tions for office.

Moral obliga- tions of lawgiv- ers and magis- trates.

Right of people to instruct rep- resentatives and petition legisla- ture.

Power to sus- pend the laws or their execution.

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

Frequent ses- sions, and ob- jects thereof.

Taxation found- ed on consent. 8 Allen, 247.

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

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

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

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

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

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

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

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

CO:^DIOXWEALTH OF INIASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before ExpoHt/acto the existence of such laws, and which have not been de- i^^Ai'ion, 421? ' dared crimes by })recedinir laws, are unjust, oppressive, 4-4,428,434. and inconsistent with the fundamental principles of 11 free government.

XXV. No subject ought, in any case, or in any time, Legislature not to be declared guilty of treason or felony by the legisla- ueasonTetc. ture.

XXVI. No magistrate or court of law shall demand f^ef^j^^^crue'i'' excessive bail or sureties, impose excessive fines, or intlict punishments,

- . , '■ proliibited.

cruel or unusual punishments. 5 Gray, 482.

XXVII. In time of peace, no soldier ought to l)e quar- No soldier to be tered in any house without the consent of the owner ; and houL^unie^sT^ in time of war, such quarters ought not to l)e made but '''^'''

by the civil magistrate, in a manner ordained by the legis- lature.

XXVIII. Xo person can in any case l)e subject to law^- citizens exempt

, . ■, . ij. • 1 • I i?j.ixl from law-mar-

martial. or to any penalties or pains, by virtue ot that law, tiai, unless, etc. except those employed in the army or navy, and except the militia in actual service, but by authority of the legis- lature.

XXIX. It is essential to the preservation of the rights judges of su- of every individual, his life, liberty, property, and charac- coun? ^"'^'"''^ ter, that there be an impartial interpretation of the laws, 1 ora''y,^472. and administration of justice. It is the right of every ^ -^}}e°. 591. citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, pendent as the lot of humanity Avill admit. It is, therefore, xeAure'cf their not only the best policy, but for the security of the rights °^''^'

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

XXX. In the government of this commonwealth, the separation of legislative depailment shall never exercise the executive ciltanTieill'' and judicial powers, or either of them : the executive shall I^enfg.''''P''"' never exercise the legislative and judicial powers, or either I Cush. 5jt. of them : the judicial shall never exercise the legislative s Aiien,'247,'253. and executive powers, or either of them : to the end it 286. ''*^"'"' may be a government of laws and not of men. 114 Mass. 247.

116 Mass. 317. 129 Mass. 5o9.

10

CONSTITUTION OF THE

Title of body politic.

PART THE SECOND.

The Frame of Government.

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

Legislative department.

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

Governor's veto. 99 Mass. 636.

Bill may be passed by two- thirds of each house, notwith- standing.

CHAPTER I.

THE LEGISLATIVE POWER.

Section I. The General Court.

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

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

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

CO:\niONWEALTII OF MASSACHUSETTS. 11

the vot(^s of both houses shall be determined by yeas and navs ; and the names of the persons vothig for, or against, the said bill or resolve, shall be entered upon the i)ublic reeords of the eommon wealth. ^^ E".°catfoFad°

And in order to prevent unnecessary dehiys, if any bill jourumentof or resolve shall not be returned by the governor within coiin\vithin tive davs after it shall have been presented, the same shall lee amend -'^''' have the force of a law. ^ rS.teT.'^"

III. The general court shall forever have full power General court and authority to erect and constitute judicatories and "udlcatorfe's?'^ courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearino:, tryinir, and deter- ^.^r^^'i- ,

> . ,. ~ ^ <^^ 12 Gray, 147,

mining ot all manner ot crnnes, otlences, pleas, processes, 154.

plaints, actions, matters, causes, and things, whatsoever,

arising or happening within the commonwealth, or between

or concerning persons inha])iting, or residing, or brought

within the same : wiiether 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 o-iven and courts etc.,

•' . . "^ *- . luav administer

granted tull power and authority, from tmie to tmie, to oaths. administer oaths or affirmations, for the l^etter discovery of truth in any matter in controversy or depending before them.

IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to ^c? ^^^'^ ''^^^' time to make, ordain, and establish, all manner of whole- 4Airen,47a. some and reasonable orders, laws, statutes, and ordinances, sIt^''*^"' ~'^' directions and instructions, either with penalties or with- 100 Mass. 544, out ; so as the same be not repugnant or contrary to this iioMass. 4C7, constitution, as they shall judge to be for the good and

welfare of this commonwealth, and for the government ].i"s7efc.?'i!ot and ordering thereof, and of the subjects of the same, and [fj^'"|^g"i'^'° for the necessary support and defence of the government e Alien, 35s. thereof; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers or appointment within the said commonwealth, the election and consti- ii,°iia88f602. tution of whom are not hereafter in this form of govern- ment otherwise provided for ; and to set forth the several th^r dmies!"^^ 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 contrary to

12

COXSTITUTION OF THE

may impose taxes, etc. 12 Mass. 2o2.

5 Allen, 428.

6 Allen, 558.

8 Allen, 247,253.

10 Allen, 2.35.

11 Allen, 268.

12 Allen, 77, 223, 235, 23S, 240, 298, 300, 312, 313, 500, 612.

98 Mass, 19.

100 Mass. 285.

101 Mass. 575, 585.

103 Mass. 267.

114 Mass. oS8,

391.

116 Mass. 461.

118 Mass. 386,

389.

123 Mass. 493,

495.

127 Mass. 413.

may impose taxes, etc., to be disposed of for defence, protec- tion, etc. 8 Allen, 247, 256. Valuation of estates once in ten years, at least, while, etc. 8 Allen, 247. 126 Mass. 547.

this constitution ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhal)itants of, and persons resident, and estates lying, within the said commonwealth ; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same ; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and sup- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force withni the same.

And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order.

For the authority of the general court to charter cities, see amendments, Art. II.

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

For provision as to councillors, see amend- ments. Art. XVI.

CHAPTER I. Section II.

Senate.

Article I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election ; to be chosen by the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose : and the general court, in assio-ninof the nural)ers to be elected bv the respective districts, shall govern themselves hy the pro- portion of the public taxes paid by the said districts ; and timely make known to the inhabitants of the common- wealth the limits of each district, and the number of coun- cillors and senators to l)e chosen therein ; provided, that the number of such districts shall never be less than thir-

(COMMONWEALTH OF MASSACHUSETTS. 13

teen ; and that no district be so large as to entitle the same to choose more than six senators.

And the several counties in this commonwealth shall, Counties to i.e

.. 1 1 J 1 11 1 V • •, distnctB, until,

untd tlie general court shall determnie it necessary to etc. jiltor the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that pur- pose) and shall elect the following number for councillors and senators, viz. : — Suffolk, six ; P^ssex, six ; Middlesex, live : Hampshire, four ; Plymoutii, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one ; AVorcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.]

IL The senate shall be the first l)ranch of the legisla- Manner and ture ; and the senators shall be chosen in the followinginan- g'e^atois ""^ ner, viz. : there shall be a meeting on the [first Monday in amy'nd'mems^'''' April,] annually, forever, of the inhabitants of each town Arts. x. and in the several counties of this commonwealth ; to be called to cities, see bv the selectmen, and warned in due course of law. at l^r.'ii"''"'*' iJast seven days before the [first Monday in April,] Vor j;™[Sions of the purpose of electing persons to be senators and coun- gededb^- amend cillors ; [and at such meetings every male inhabitant of ments. Arts. twentj'-one years of age and upwards, having a freehold xx'viii.!xxx., estate within the commonwealth, of the annual income of xxxii.'"''' three pounds, or any estate of the value of sixty pounds, tYnT" djtiued'' shall have a rii>ht to give in his vote for the senators for See aiso amend-

T . /•I'll' '1 ments, Art.

the district ot which he is an inhabitant.] And to remove xxiii., which all doubts concerning the meaning of the word " inhabit- Art.xxVi. ^ ant" in this constitution, every person shall be considered ij2*Ma8s.'695, 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 i)reside at selectmen to

, ^. . , • -n 1111 .1 preside at town

such meetings impartially ; and shall receive the votes meetings. of all the inhalfitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk. Return of votes. who shall make a fair record, in presence of the select- men, and in open town meeting, of the name of every person voted for, and of the number of votes against his name : and a fair copy of this record shall be attested by As to cities, see the selectmen and the town clerk, and shall be sealed up, An!"ii'.'"'"''*' directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport

14

CONSTITUTION OF THE

Time changed to first Wedues day of January See amend- ments, Art. X.

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

Plantation meetings. Time ol elec- tion changed by amend- ments, Art. XV Assessors to notify, etc.

Governor and council to ex- amine and count votes, and issue summonses. Time changed to first Wednes- day in January by amendments, Art. X. Majority changed to plurality by amendments, Art. XIV.

Senate to be final judge of elections, etc., of its own mem- bers.

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 the secre- tary'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 secretary's oftice, seventeen days before the said [last Wednesday in May.]

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall 1)6 empowered and required to assess taxes upon them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the phmtations where they reside, as town inha1)itants have in their respective towns ; and the plantation meet- ings for that purpose shall be held annually [on the same first Monday in April], at such place in the plantations, respectively, as the assessors thereof shall direct ; which assessors shall have like authority for notifying the elect- ors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this con- stitution. And all other persons living in places unincor- porated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall Ije assessed, for that purpose, accordingly.

III. And that there may be a due convention of sena- tors on the [last Wednesday in May] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by [a majority of] voters, to attend on that day, and take their seats accordingly : provided, nevertheless, that for the first year the said returned copies shall be examined by the president and five of the council of the former constitution of government ; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec- tions, returns and qualifications of their own members, as

COMMONWEALTH OF MASSACHUSETTS. 15

pointed out in the constitution ; and shall, [on the said '^'''""chnnsod

1 • •% T -I 11 ij_ -Til to lirst ^\ fdiifs-

last Wednesday m iVIay] annually, determine and declare ti^iy of January

who are elected by each district to be senators [by a A^n.'x"""*^" ^'

majority of votes ; and in case there shall not appear to chang^fto

1)0 the full ninnbcr of senators returned elected by ^i ^'i"endn^enu,

majority of votes for any district, the deticiency shall be ^rt- -^^v.

supplied in the following manner, viz. : The members of

the house of representatives, and such senators as shall

be declared elected, shall take the names of such persons

as shall be found to have the highest number of votes

in such district, and not elected, amounting to twice the

number of senators wanting, if there be so many voted

for ; and out of these shall elect by ballot a numl)er of Yf ^°"«'«' ^°^

^11 • • IT- ullea.

senators sumcient to hll up the vacancies in such district ; Changed to and in this manner all such vacancies shall be tilled up in people. every district of the commonwealth ; and in like manner mOTt8?Art'. all vacancies in the senate, arising by death, removal out ^^^^v. of the state, or otherw^ise, shall be supplied as soon as may be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, [who is not seised propeny'quaii- in his own right of a freehold, within this commonwealth, fgh'^ed"" ''^°'" of the value of three hundred pounds at least, or possessed ^'^^utg^^ft'

of i)ersonal estate to the value of six hundred pounds at xiii.'

For inrtncr 75 ro*

least, or of both to the amount of the same sum, and] who vision as to has not been an inhabitant of this commonwealth for the a?so amend^-'''' space of five years immediately preceding his election, and, xxn.'^'^^'^" at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves, Senate not to

•11 IT ji J ij 1 i adjourn more

provided such adjournments do not exceed two days at a thau two days. time.

VH. The senate shall choose its own president, appoint its^officer°°nd its own officers, and determine its own rules of pro- establish its

-. •*■ rules.

ceedings.

VIH. The senate shall be a court w^th full authority . shaiitryaii

. Til iinpeachnieuls,

to hear and determine all impeachments made by the house of representatives, against any ofiicer or officers of the commonwealth, for misconduct andmal-administration in their offices. But previous to the trial of every im- peachment the members of the senate shall respectively be sworn, trul}'' and impartially to try and determine the oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal from oflSce and disqualification to hold or enjoy any place

16

CONSTITUTION OF THE

Quorum. .^ee aoiend- nients, Arts. .XXII. aud XXXIIl.

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 meml)ers of the senate shall constitute a quorum for doing business.]

Representation ot the people.

Representa. lives, by whom chosen.

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

Proviso as to towns having less than 150 ratable isolls.

Towns liable to fine in case, etc.

Expenses of travelling to and from the general court, how paid.

Qualifications of a representa- tive.

CHAPTER I.

Sectiox III.

House of Representatives.

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

II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the prin- ciple of equality, every corporate town containing one hundred and fifty ratable polls may elect one represen- tative ; every corporate town containing three hundred and seventy-five ratable polls may elect two representa- tives ; every corporate town containing six hundred ratable polls may elect three representatives ; and proceeding in that manner, making two hundred and twent^'^-five ratable polls the mean increasing number for every additional representative.

Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative ; but no place shall hereafter be incor- porated with the privilege of electing a representativ'e, unless there are within the same one hundred and fifty ratable polls.]

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

The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and docs not depart without leave.

III. Every meml)er of the house of representatives shall be chosen by written votes ; [and, for one year at

COMMOXWEALTII OF MASSACHUSETTS. 17

least next ]>roceding his election, shall have been an inhab- Kew provision itant of, and have l)een seised in his own riaht of a free- soeameniu hold of the vahie of one hundred pounds within the town xxY'^ he shall be chosen to represent, or any ratable estate to JSiou'/aboi'-'' the value of two hundred pounds ; and he shall cease to n/el",ts''\n"'^^"''' represent the said town immediately on his ceasing to be xiii. ' qualified as aforesaid.]

IV. [Every male person, being twenty-one years of ^"^||.'J.^^''°°^°^ affe, and resident in any particular tow^n in this common- Tbesepro.

f^ ' r T 1 • Visions super-

wealth tor the space ot one }• ear next preceding, having a eeded by

freehold estate within the said town of the annual income AnT. iTi-'^xx.,

of three pounds, or any estate of the value of sixty pounds, xxxl and^'^'

shall have a right to vote in the choice of a representative g^^ ^li^o amend-

or representatives for the said town.1 "jent* A,.t

TT rmi 1 /• 1 1 • 'in XXIII., which

V. I ihe members ot the house ot representatives shall wasnnnuiiedby

Art \XVT

be chosen annually in the month of May, ten days at least Representa. before the last AVednesday of that month. 1 thes, when

'J -i chosen.

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

Art. XV.

YI. The house of representatives shall be the grand canTmpeach. 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 na^eTiimoufy representatives ; but the senate may propose or concur ^'"''"

with amendments, as on other bills.

VIII. The house of representatives shall have power moretifan°"v^o to adjourn themselves ; provided such adjournment shall ^ays.

not exceed two days at a time. ^ „

•J . Quorum. See

IX. [Not less than sixty members of the house of ameudmems,

Arts XXI. and

representatives shall constitute a quorum for doing busi- xxxiif. ness.]

X. The house of representatives shall be the judge of ^euunsreuf., of the returns, elections, and qualifications of its own mem- its own mem.

.' ' 1 bers ; to choose

bers, as pointed out in the constitution ; shall choose their its otr.cers and own speaker; appoint their own ofiicers, and settle the ruiU, etc. rules and orders of proceedin"; in their own house. They wiy punish

, i O J lor certain

shall have authority to punish by imprisonment every oft'«ices. 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 any thing said or done in the house ; or who shall assault any of them therefor ; or who shall assault, or arrest, any witness^ or other person, ordered to attend the

18

CONSTITUTION OF THE

Privileges of members.

Senate. Governor and council may punish

Genci'al limita- tion. li Gray, 226.

Trial may be by committee, or otherwise.

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 assem- bly.

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 authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.

Governor.

His title.

To be chosen

annually.

Qualifications.

Requirement of religious decla- ration abolished by amend- ments, Art. VII.

By whom cho- sen, if he have a majority of voles.

Time of elec- tion changed by amendments, Art. X., and changed again by amendments. Art. XV.

CHAPTER II.

EXECUTIVE POWER.

Section I.

Governor.

Article I. There shall be a supreme executive magis- trate, who shall be styled — The Governor of the Commonwealth or Massachusetts ; and whose title shall be — His Excellency.

II. The governor shall be chosen annually ; and no person shall be eligible to this oiEce, unless, at the time of his election, he shall have been an inhabitant of this com- monwealth for seven years next preceding ; and unless he shall at the same time be seised, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds ; [and unless he shall declare himself to be of the Christian religion.]

III. Those persons who shall be qualified to vote for senators and representatives within the several towns of this commonwealth shall, at a meeting to be called for that purpose, on the [first Monday of April] annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings ; and the town clerk, in the presence and with the assistance of the selectmen, shall,

COMMOXWKALTir OF INIASSACIIUSETTS. 19

in open town meeting, sort and count the votes, and form a list of the persons voted for, Avith 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 i)ublic dechi- As to cities, sec

T , ,, . aineudiuonls,

ration thereof m the said meeting; and sliall, in tlie pres- An. ii.

ence of the inhabitants, seal up copies of the said list,

attested by him and the selectmen, and transmit the same

to the sheriff of the county, thirty days at least before the

[last Wednesday in JMayl ; and the sheriff shall transmit Time ciir.na;ed

L *' J J' ■ to tirst Wodnes-

the same to tlie secretary s ofhce, seventeen days at least day of January l)efore the said [last Wednesday in May] ; or the select- Arf.'^" '"'^'^'*' men may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day ; and the secretary shall lay the same before the senate and the house of repre- sentatives on the [last Wednesday in May], to be by them changed to examined ; and [in case of an election by a majority of all amendmems, the votes returned], the choice shall be by them declared -^J^-^j""-

1 1 T 1 1 n J • (^ 1111 • • <• now chosen,

and published ; [l)ut it no person shall have a majority of when no person votes, the house of representatives shall, by ballot, elect '"''""''J"'"^- two out of four persons who had the highest number of votes, if so many shall have been voted for ; but, if other- wise, out of the number voted for ; and make return to the senate of the two persons so elected ; on which the senate shall proceed, by ballot, to elect one, who shall be declared governor.]

IV. The governor shall have authority, from time to rower of gov- time, at his discretion, to asseml)le and call together the gover'noraud councillors of this commonwealth for the time being ; and '^°""'^''- the governor with the said councillors, or five of them at

least, shall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.

V. The governor, with advice of council, shall have May adjourn or

the

full power and authority, during the session of the gen- generai'court

JUCfit,

convene

eral court, to adjourn or prorogue the same to any time "p?° "^^"'

'•'AC? »/ una coil % t^i

the two houses shall desire ; [and to dissolve the same on the same. the day next preceding the last Wednesday in May ; and, uon, see amend- 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 com- monwealth shall require the same ; and in case of any infectious distemper prevailing in the place where the said

20

CONSTITUTION OF THE

As to dissolu- tion, see amend- ments, Art. X.

Governor and council may adjourn the gen eral court in cases, etc., but not exceeding ninety days.

Governor to be commander-in- chief.

court is next at any time to convene, or any otlier cause happening, wliereby danger may arise to tiie health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient place within the state.

[And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.]

yi. In cases of disagreement between the two houses, with regard to the necessity, expediency, or time of ad- journment or prorogation, the governor, with advice of the council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require.

VII. The governor of this commonwealth, for the time l)eing, shall 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 commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and con- quer, by all fitting ways, enterprises, and means whatso- ever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enter- prise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occa- sion shall necessarily require ; and to take and surprise, by all w^ays and means whatsoever, all and every such per.son 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 com- monwealth ; and that the governor be intrusted with all these and other powers, incident to the offices of cap- tain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not other- wise.

COAnrOXWEALTH OF MASSACHUSETTS. 21

Provfded, that the said governor shall not, at any tune Limitatiou. hereafter, by virtue of any })o\ver l)y this constitution o-ranted, or hereafter to be granted to him by the legis- lature, transport any of the inhabitants of this common- wealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the con- sent of the general court ; except so far as may l)e neces- sary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access.

YIII. The power of pardoning otfences, except such found? may"'' as persons may be convicted of l)efore the senate by an pardon offences,

1 PIT iiii'i 1 except, etc.

impeachment or the house, shall be m the governor, by and with the advice of council ; but no charter of par- don, granted by the governor, with advice of the council before conviction, shall avail the party pleading the same, But not before

. .,, . T I ,• 1 • conviction.

notwithstandmg any general or particular expressions con- 109 Mass. 323. tained therein, descriptive of the offence or oflences in- tended to be pardoned.

IX, All iudicial officers, Fthe attorney-o:eneral,l the Judicial om-

•^ ,'- */<-^^'_j ccTH, etc., now

solicitor-general, [all sherifls,] coroners, [and registers of nominated and probate,] shall be nominated and appointed by the gov- Fo^provisions ernor, by and with the advice and consent of the council ; of auorn^ey*^" and every such nomination shall be made by the governor, general, see

'J . ./ o ' amendments,

and made at least seven days prior to such appointment. Art.xvii.

For provision as toelectionof sheriffs, rciristcrsof probate, etc., see amendments, Art. XIX. For provision as to apiJoiutmeut of notaries public, see amendments, Art. IV.

X. The captains and subalterns of the militia shall be Miiuia officers, elected l)y the written votes of the train-band and alarm Limitation of list of their respective companies, [of twenty-one years bf'^amOTd'. °"' of age and upwards ;] the tield officers of regiments shall 'nents, Art. v. be elected by the written votes of the captains and subal- terns of their respective regiments ; the brigadiers shall be elected, in like manner, by the tield officers of their respec- tive brigades ; and such officers, so elected, shall be com- iiowcommis- missioned by the governor, who shall determine their rank.

The legislature shall, by standing laws, direct the time Eioctionof

o . *^ o ' officers.

and manner of convening the electors, and of collect- ing votes, and of certifying to the governor, the officers elected.

The major-generals shall be appointed by the senate and how^aifpSnud' house of representatives, each having a negative upon the -'.h'I ^^ommis-

i ' O O IT stoned.

other ; and be commissioned by the governor.

For provisions as to appointment of a commissary-general, see amendments. Art. IV.

And if the electors of brigadiers, field officers, captains Vacancies, how or subalterns, shall neglect or refuse to make such elec- etc! •'"'^^*'^'

22

CONSTITUTION OF THE

O (Beers duly commissioued, how removed. Superseded by araendmenti-, Art. IV.

Adjutants, etc., how appointed.

Army ofQcers, how appointed.

Organization of militia.

Money, how drawn from the treasury, ex- cept, etc. 13 Allen, 593.

All public boards, etc., to make quarterly returns.

tions, after l)eing duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such oflSces.

[And no officer, duly commissioned to command in the militia, shall be removed from hisoflice, but by the address of both houses to the governor, or by fair trial in court- martial, pursuant to the laws of the commonwealth for the time being.]

The commanding ofiScers of regiments shall appoint their adjutants and quartermasters ; the lirigadiers their In'igade-majors ; and the major-generals their aids ; and the governor shall appoint the adjutant-general.

The governor, with advice of council, shall appoint all officers of the continental army, whom by the confedera- tion of the United States it is provided that this common- wealth shall appoint, as also all officers of forts and garrisons.

The divisions of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law.

XL No moneys shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the com- monwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

XII. All pulilic boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammu- nition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively ; distinguishing the quantity, number, quality and kind of each, as particu- larly as may be ; together with the condition of such forts and o-arrisons ; and the said commanding officer shall ex-

COMMONWEALTH OF MASSACHUSETTS. 23

hibit to the governor, -vvhcn required l)y him, true and exact plans of such forts, and of the hind and sea or har- bor or harbors, adjacent.

And the said boards, and all public officers, shall com- municate to the governor, as soon as may l)e after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively.

XHI. As the public good requires that the governor Salary of should not be under the undue influence of any of the ^*^^'^°°''' members of the general court by a dependence on them for his sujjport, that he should in all cases act with free- dom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his j)rivate concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magis- trate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply suffi- cient for those purposes, and established by standing laws : and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly.

Permanent and honorable salaries shall also be estab- salaries of jus.

. , . . . . . tices of supreme

lished by law for the justices of the supreme judicial court, judical court. And if it shall be found that any of the salaries afore- Salaries tote said, so established, are insufficient, they shall, from time fusufficfeut. to time, be enlarged, as the general court shall judge jiroper.

CHAPTER II.

Section II. Lieutenant- Governo?'.

Article I. There shall be annually elected a lieuten- Lieutenant- ant-governor of the commonwealth of Massachusetts, t'iuo''and%uaUfl. whose title shall be — His Honor; and who shall be JeJ,","remem of qualified, in point of [religion,] property, and residence '/,Jnef'']a^the'* °^ in the commonwealth, in the same manner with the gov- christian ernor ; and the day and manner of his election, and the abolished by qualifications of the electors, shall be the same as are ArtTvii!° *' required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall now chosen. be found to have a majority of all the votes returned, the Election by vacancy shall be filled by the senate and house of repre- ^' "" ' ^ ^"''

24

CONSTITUTION OF THE

vided for by amendments, Art. XIV.

President of council. Lieutenant- governor a member of, except, etc.

Lieutenant- governor to be acting governor, in case, etc.

sentatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.]

II. The governor, and in his absence the lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.

III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the com- monwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.

Council. Number of councillors changed to eight.

See amend- ments. Art. XVI.

Number; from whom, and huw chosen. Modified by amendments, Arts. X and XIII.

Superseded by amendments, Art.XVL

If senators be- come council- lors, their seats to be vacated.

CHAPTER II.

Section III.

Council, and the Manner of settling Elections hij the Legis- lature.

Article I. There shall be a council for advising the governor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together ; and the governor, with the said councillors, or five of them at least, shall and may, from time to time, hold and keep a council, for the order- ing and directing the affairs of the commonwealth, accord- ing to the laws of the 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 asseml)led in one room ; and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large ; and the number of senators left shall constitute the senate for the year. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]

COMMONWEALTH OF MASSACHUSETTS. 25

in. The councillors, in the civil arrangements of the RauUof commonwealth, shall have rank next after the lieutenant- '^"""^'"o"- governor.

IV. [Xot more than two councillors shall be chosen No jistnct to out of any one district of this connnon wealth.] IZ''. "'°'" "'''"

Supcrst'dt'd by aimnidmcnts, Art. XVI.

V. The resolutions and advice of the council shall be Uegisterof 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 lieuten- council to exor. ant-governor shall be vacant, by reason of death, absence, o/governoMa or otherwise, then the council, or the major part of them, c^=**-'. etc shall, during such vacancy, have full power and authority

to do, and execute, all and every such acts, matters, and thinsfs, as the governor or the lieutenant-governor mio;ht 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, Eiecnous may by this constitution, on the last Wednesday in May annu- uniuS'""^ ally, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned

from da}^ to day until the same shall be completed. And g\^'^ergede'd°by the order Of elections shall be as follows : the vacancies in amendments, the senate, if any, shall first be filled up; the governor xxv.' and lieutenant-governor shall then be elected, provided there should be no choice of them by the people ; and afterwards the two houses shall proceed to the election of the council.]

CHAPTER II.

Section IV.

Secretary ^ Treasurer , Commissa^^y , etc.

Article I. [The secretary, treasurer and receiver- secretary, etc., general, and the commissary-general, notaries public, and] ho^chosen"'^ naval officers, shall be chosen annually, by joint ballot of J^^^^jP^fi'^'y^'^f" ^^ the senators and representatives in one room. And, that secretary, treas-

, J . . r" 1 • II 1 1 /• urer, and re

ttie citizens oi this commonwealth may be assured, irora coiver.gcncrai, time to time, that the moneys remaining in the pul)lic attorney-gen*" treasury, upon the settlement and liquidation of the pul)- mentriX''"'*" lie accounts, are their property, no man shall Ije eligible ^^"-

26

CONSTITUTION OF THE

Treasurer in- eligible for more than live euc- ceesive jeare.

Secretary to keep records; to attend tiio governor and council, etc.

as treasurer and receiver-general more than rive years suc- cessively.

For provision as to appointment of notaries public and the commissary-general, see amendments. Art. IV.

11. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require.

Tenure of all commissioned oflicers to be expressed Judicial olUcers to hold otJico during good behavior, ex- cept, etc. But may be removeii on address.

Justices of su- preme judicial court to give opimons when required. 122 Mass. 600. 126 Mass. OJT, 561.

Justices of the peace ; tenure of their oUice. 3 Cush. uS4.

Provisions for

holding probate

courts.

12 Gray, 147.

CHAPTER III.

JUDICIARY POWER.

Article I. The tenure, that all commission olEcers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.

II. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.

III. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail of discharging the important duties of his office wnth al)ility or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates ; and, upon the expira- tion of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most con- duce to the well-being of the commonwealth.

IV. The judges of pro1)ato of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, 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.

CO^rMONWEALTH OF MASSACHUSETTS. 27

V. All causes of iiiaiTiase, divorce, and alimony, and Carriage,

~ , "^ ' divorce, and ali-

all ap})cais from the jiuliics of })rohatc, shall be heard and mony. determined by the governor and council, until the legis- visioni'made lature shall, by law, make other provision. io5mI88.327.

116Maa8.317.

CHAPTER IV.

DELEGATES TO CONGRESS.

[The delegates of this commonwealth to the congress of Delegates to the United States, shall, some time in the month of June, °°°^''®''^' annually, be elected by the joint ballot of the senate and house of representatives, assembled together in one room ; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the commonwealth ; but may be recalled at any time within the year, and others chosen and com- missioned, in the same manner, in their stead.]

CHAPTER V.

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF LITERATURE, ETC.

Section I.

The University.

Article I. "Whereas our wise and pious ancestors, so Harvard early as the year one thousand six hundred and thirty-six, ^°"®g®' laid the foundation of Harvard College, in which univer- sity many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public employments, both in church and state ; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the President and Fellows of Powers, privi- Harvar^ College, in their corporate capacity, and {hl^preski'ent their successors in that capacity, their officers and ser- coutkmel*' vants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to

28

CONSTITUTION OF THE

All gifts, grants, etc., confirmed.

WTio shall be overseers.

See Statutes, 1851, 224. 1852,27. 1859, 212. 1865, 173. 1880, 65.

Power of altera lion reserved to the legislature.

have, hold, use, exercise, and enjoy ; and the same are hereby ratified and confirmed unto them, the said presi- dent and fellows of Harvard Colleo-e, and to their suc- cessors, and to their officers and servants, respectively, forever.

II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies, and conveyances, hereto- fore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college by some other description, under several charters, successively ; it is declared, that all the said gifts, grants, devises, legacies, and convey- ances, are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors in the capacity aforesaid, according to the 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 colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the governor and deputy-governor, for the time being, and all the magis- trates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, consti- tuted the overseers of Harvard College ; and it ])eing necessary, in this new constitution of government to ascertain who shall be deemed successors to the said gov- ernor, deputy-governor, and magistrates ; it is declared, that the governor, lieutenant-governor, council, and senate of this commonwealth, arc, and shall be deemed, their successors, who, with the president of Harvard College, for the time being, together with the ministers of the con- gregational churches in the towns of Cambridge, Water- to^vIl, Charlestown, Boston, Roxliury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard College ; provided, that nothing herein shall be construed to pre- vent the legislature of this commonwealth from making such alterations in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done 1)y the legislature of the late Province of the Massachusetts Bay.

COMMONWEALTH OF MASSACHUSETTS. 29

CHAPTEK V.

Section II. The Encouragement of Literature^ etc.

"Wisdom and knowledge, as well as virtue, diffused gen- Dutyofie^isia. erallv anionir the body of the people, l)ein2: necessary for tures and magis- the preservation of their rights and liberties ; and as these future periods. depend on spreading the opportunities and advantages of visLiTs as\o^'^°' education in the various parts of the country, and among fee^a.nend°°''^' the different orders of the people, it shall be the duty of xvnir^"' legislatures and magistrates, in all future periods of this ^'^j-^"®"' ^°''' commonwealth, to cherish the interests of literature and loaMass. 94, 97. the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns ; to encourage private societies and public institutions, rewards and immunities, for the pro- motion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the countrj^ ; to countenance and inculcate the principles of humanity and general lienevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and gen- erous sentiments, among the people.

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; PROVI- SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant- Oaths, etc. governor, councillor, senator, or representative, and accept- ing the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following- declaration, viz. :

" I, A. B., do declare, that I believe the Christian reli- ^^^eidmfnta.^^^ gion, and have a firm persuasion of its truth ; and that I Art. vn. am seisedgind possessed, in my own right, of the property required by the constitution, as one cjualification for the office or place to which I am elected."

And the governor, lieutenant-governor, and councillors, shall make and subscribe the said declaration, in the pres-

30

CONSTITUTION OF THE

Declaration and oalhs of all officers.

For new oath of allegiance, see amend- ments, Art. VI.

Oath of office.

Proviso. See amend- ments, Art. VI

ence of the two houses of assembly ; and the senators and representatives, first elected under this constitution, before the president and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being.]

And every person chosen to either of the places or offices aforesaid, as also any person appointed or commis- sioned to any judicial, executive, military, or other otfice under the government, shall, before he enters on the dis- charge of the business of his place or ofiice, take and sub- scribe the following declaration, and oaths or affirmations, viz. :

[" I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of ^Nlassachu- setts is, and of right ought to be, a free, sovereign, and independent state ; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever ; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain (as the case may be) , and every other foreign power whatsoever ; and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this commonwealth, ex- cept the authority and power which is or may be vested by their constituents in the congress of the United States : and I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration, or affir- mation ; and that I do make this acknowledgment, pro- fession, testimony, declaration, denial, renunciation, and abjuration, heartily and truly, according to the conunon meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation Avhatsoever. So help me, God."]

"I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and })erform all the duties incumbent on me as , according to

the best of my abilities and understanding, a^-eeably 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 ap- pointed as aforesaid, shall be of the denomination of the

CO:^DIOXWEALTII OF MASSACHUSETTS. 31

pcoi)le called Quakers, and shall decline taking the said oath[s], he shall make, his affirmation in the foregoing form, and subscribe the same, omitting the words, [" I do su-ear" " and abjure ," " oath o?'," " and abjuration,'' in the first oath, and in the second oath, the words] *■' sivear and,'' and [in each of them] the words " /So help me, God;" subjoining instead thereof, " This I do under the pains and, 2^enaUies of per jury .""

And the said oaths or "affirmations shall be taken and "i^^l^,^^^^^ subscribed by the o-ovcrnor, lieutenant-governor, andcoun- iiowadminis- clUors, before the president ot the senate, m the presence of the two houses of assembly ; and by the senators and representatives first elected under this constitution, before the president and live of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being ; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the Plurality of supreme judicial court, shall hold any other office or place, ed tTgo'eruor,' under the authority of this commonwealth, except such as le'i: 'amend'' "''"' by this constitution they are admitted to hold, saving that men^s.Art. the judges of the said court may hold the offices of justices of tlie ])eace through the state ; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power whatever.

No person shall be capable of holding or exercising at f^^fg^^^^saf ' the same time, within this state, more than one of the following offices, viz. : judge of probate — sheriff — regis- ter of i)roI )ate — or register of deeds ; and never more than any two offices, wdiich are to beheld by appointment of the governor, or the governor and council, or the senate, or the house of representatives, or by the election of the peo})le of the state at large, or of the people of any county, military offices, and the offices of justices of the peace ex- cepted, shall be held by one })crson.

No person holding the office of judge of the supreme incompatible judicial court — secretary — attorney-general — solicitor- For further pro- general — treasurer or receiver-general — judge of proljate incompatiwe

— commissary-general — [president , professor, or instruct- _°|Jigudraeni8, or of Harvard Colleae] — sheriff' — clerk of the house of Art.vm. '

^ .-I . i» 1 1 Oflicers of Har-

representatives — register ot probate — register ot deeds vard coiiegu

— clerk of the supreme judicial court — clerk of the infe- amendmonu, rior court of common pleas — or officer of the customs, ^rt--5^vn. including in this description naval officers — shall at the

32

CONSTITUTION OF THE

Incompatible offices.

Bribery, etc., disqualify.

Value of money ascertained.

Property quali- rtcations may be increased. See amend- ments, Art. XIII.

Provisions respecting commissions.

Provisions re- Bpectiug writs.

2 Pick. "592.

3 Met. 58. 13 Gray, 74,

Continuation of former laws, except, etc.

1 Mass. 59.

2 Mass. 534.

8 Pick. 309,316. 16 Pick. 107, 115, 2 Met. 118.

Benefit of habeas corpim secured, except; etc.

same time have a seat in the senate or house of represen- tatives ; but their being chosen or appointed to, and accept- ing the same, shall operate as a resignation of their seat in the senate or house of representatives ; and the place so vacated shall be filled up.

And the same rule shall take place in case any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council ; or any councillor shall accept of cither of those offices or places.

And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment.

III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to propertj^ of the persons to be elected to offices, as the circumstances of the commonwealth shall require.

IV. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor and 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 the courts of law, shall be in the name of the Common- wealth of ^Massachusetts ; they shall l)e under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be returna- ble, who is not a party, and be signed by the clerk of such court.

VI. All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.

VII. The privilege and benefit of the writ of habeas corpus shall l)e enjo3'ed in this commonwealth, in the mo.st free, easy, cheap, expeditious, and ample manner; and shall not be suspende(l ])V the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceedinir twelve months.

COJSDIONWEALTII OF MASSACHUSETTS. 33

YIII. The enacting style, in making and passing all Thc^enactiug acts, statutes, and laws, shall be — " Be it enacted by the Senate and House of Eepresentatives in General Court assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or onicersof danger arise to the commonwealth from a change of the inenrcofTtinued form of government, all officers, civil and military, hold- ""'''' «='<=• ing commissions under the government and people of Massachusetts Bay in New England, and all other officers

of the said government and people, at the time this con- stitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall bo appointed in their stead ; and all courts of law shall proceed in the execution of the business of their respective departments ; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employments, and authority ; until the general court, and the supreme and executive officers under this constitution, are designated and in- vested with their respective trusts, powers, and authority.

X. I In order the more effectually to adhere to the rrovisionfor principles of the constitution, and to correct those viola- gmuTk)!.'^^" tions which by any means may be made therein, as well p°Jvf^onaf to as to form such alterations as from experience shall be amendments,

, -, , , 1 • 1 1 11 1 • 1 see amend-

lound necessary, the general court which shall be m the ments, An. ix year of our Lord one thousand seven hundred and ninety- live, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated planta- tions, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two- Provision for thirds of the qualified voters throughout the state, who sutut\ol.'^°"' shall assemble and vote in consequence of the said pre- cepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns to elect delegates to meet in convention for the purpose aforesaid.

The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]

34

CONSTITUTION OF THE

Provision for preserving and piiblisliins; this couslilutiou.

XI. This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land ; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws.

Bill, etc., not approved within Ave days, not to become a law, if legislature adjourn in the mean time. 3 Mass. 567. See Const., Ch. I., § 1, Art. II.

General court empowered to charter cities. 122 Mass. 354.

Proviso.

112 Mass. 200.

Qualifications of voters for gov- (■ruor, lieuten- autgoveruor, senators and representatives. See amend ments, Arts. XXX. and

xxxn.

11 Pick 538,540. 14 Pick. 341. 14 Mass 3G7. 5 Met. 162,298, 591, 594. 7 Grey, 299. 122Ma88.595,,TO7. 124 Mass. 596.

AETICLES OF AMENDMENT.

Article I. If any bill or resolve shall be objected to, and not approved by the governor; and if the general court shall adjourn wnthin live days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it with his objections, as provided 1)y the constitution, such bill or resolve shall not l)ecome a law, nor have force as such.

Art. II. The general court shall have full power and authority to erect and constitute municipal or city gov- ernments, in any corporate town or towns in this com- monwealth, and to grant to the inhal)itants thereof such powers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants, in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings. Provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it l)e Avith the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meet- ing duly warned and 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 an- nulled by the general court.

Art. hi. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the common- wealth one year, and within the town or district in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, [and who shall have paid, by himself, or his parent, master, or guardian, any state or county tax, which shall, within two years next preceding

COM.MONWEALTH OF MASSACHUSETTS. 35

such election, have l)cen assessed upon him, in any town For educational

,...,. , , ' , , '^ . . qualihcatiou,

or district ot this coninionwealth ; and also eveiy citizen sieamend- \\lu) sliall be, by hiw, exempted from taxation, and who Koi"iMovisio'n'as shall he, in all other respects, qualitied as above mentioned,] liave^ferved'^iu shall have a riii'ht to vote in such election of o-overnor, t'"---»>:'">'.o'' ,

~ • 1 navy III time or

lieutenant-governor, senators, and representatives ; and no war. see amend. other iierson shall be entitled to vote in such elections. xxvi'ii. and

-WXl

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

AuT. IV. Notaries public shall be appointed by the Notaries public, governor in the same manner as judicial officers are ap- aud^ removed!'' pointed, and shall hold their offices during seven years, unless sooner removed hy the governor, with the consent of the council, upon the address of both houses of the legislature.

[In case the office of secretary or treasurer of the com- vacancies in the monwealth shall become vacant from any cause, during ul^y Md^Teas!" the recess of the general court, the governor, with the tms clause "^'^* advice and consent of the council, shall nominate and 8"pe'"8ededby appoint, under such regulations as may be prescribed by Art. xvii. ' law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]

Whenever the exigencies of the commonwealth shall 5?,™™llt^7\o

CT" ^(rUCi ell luay DC

require the appointment of a commissary-o-eneral, he shall --ippointed, lu

CtlSG etc

be nominated, appointed, and commissioned, in such man- ner as the legislature may, b}'- law, prescribe.

All officers commissioned to command in the militia Miiitia officers, may be removed from office in such manner as the leais- ^°^'' removed. lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- BubaUerus".* '"''^ nies, as well those under as those above the age of t^venty- one years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed ^y^aii' officers^" by the constitution, the following oath shall be taken and j^,Tf 9^"*^' subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter on the duties of his office, to wit : —

"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachu- setts, and will support the constitution thereof. So help me, God."

Provided, That when any person shall be of the denomi- Proviso. Qua- nation called Quakers, and shall decline taking said oath, ^^ ^ '™'

36

CONSTITUTION OF THE

Tests abolished.

Incompatibility of offices.

122 Mass. 445, 600.

123 Mass. 535.

Amendments to constitution, how made.

he shall make his affirmation in the foregoing form, omit- ting 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."

Art. VII. No oath, declaration, or subscription, except- ing the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant- governor , councillors , senators , or representatives , to qualify them to perform the duties of their respective offices.

Art. VIII. No judge of any court of this common- wealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or coun- cillor, or have a seat in the senate or house of representa- tives of this commonwealth ; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff, treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office ; and judges of the courts of common pleas shall hold no other oifice under the government of this commonwealth, the office of justice of the peace and militia offices excepted.

Art. IX. If, at any time hereafter, any specific and particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a ma- jority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be 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 members of the house of representatives present and voting thereon, then it shall l)e the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the quali-

CO:\IMONWEALTH OF MASSACHUSETTS. 37

Rod voters, voting thereon, at meetings legally warned and holden for that pnrpose, they shall beeome part of the constitution ot this coninionwetilth.

AiiT. X. The political year shall begin on the fii-^t. ^^jXTcatS Wednesday of Januar}^, instead of the last Wednesday of ^hiy ; and the general court shall assemble every year on the said lirst AVednesday 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 Avhich has heretofore commenced on the last Wednesday of ]May. And the general court shall be and termination. dissolved on the day next preceding the iirst Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the aovernor. The jrovernor, lieutenant-governor and coun- cillors, shall also hold their respective offices for one year next following the first Wednesday of January, and uutil others are chosen and qualified in their stead.

TThe meeting for the choice of governor, lieutenant- ^f^etings for the

L o •1111111 choice or gov-

governor, senators, and representatives, shall be held on einor.iieuten- the second ^Monday of Xovember in every year ; but meet- etc , when to' be ings may be adjourned, if necessary, for the choice of This clause - representatives, to the next day, and again to the next anlemlmentsf succeeding day, but no further. But in case a second ^rt-xv. meeting shall be necessary for the choice of representa- tives, such meetings shall be held on the fourth Monday of the same month of November.]

All the other provisions of the constitution, respecting the elections and proceedings of the members of the gen- eral court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the com- mencement of the political year, shall Ije 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 ^J'/^^^'^'^^pg^^^*® October, next following the clay when the same shall be tjo"- duly ratified and adopted as an amendment of the consti- tution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the cur- rent year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no lono;er ; and the first

38

CONSTITUTION OF THE.

Inconsistent

provisions

annulled.

Religious freedom established. See Dec. of Rights, Art. III.

122 Mass. 40, 41.

Census of rata- ble polls to be taken in 1837, and decennially thereafter. This article was superseded by amendments, Art. XIII., which was also superseded by amendments. Art. XXI. Representa- tives, how apportioned.

election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision.

All the provisions of the existing constitution, incon- sistent with the provisions herein contained, are hereby Avholly annulled.

Art. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted : —

" As the public worship of God and instructions in piety, religion, and moralit}", promote the happiness and prosperity of a people, and the security of a republican government ; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that pur- pose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses ; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society ; and all religious sects and denomi- nations, demeaning themselves peaceably, and as good citi- zens of the commonwealth, shall be equally under the protection of the law ; and no subordination of any one sect or denomination to another shall ever be established bylaw."

Art. XII. [In order to provide for a representation of the citizens of this commonwealth, founded upon the principles of equality, a census of the ratable polls, in each city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of May, in manner aforesaid ; and each town or city having three hundred rata- ble polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred

COMMONWEALTH OF MASSACHUSETTS. 39

and fifty ratable polls in addition to the first three hun- dred, one representative more.

Any town having less than three hundred ratable polls Towns having shall be represented thus : The whole number of ratal)le r:rua)ie''poii8, l)olls, at the last preceding decennial census of polls, shall j;;;;^' represeut- be multiplied by ten, and the product divided by three hundred ; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid.

Any city or town having ratable polls enough to elect f^rllented'"^ one or more representatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, .by multiplying such surplus number by ten and dividing the product by four hundred and fifty ; and such city or town may elect one additional represen- tative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts Towns may

% J /• • -J 1' ji 1 1 j_ J. unite into repre-

may, by consent ot a majority ot the legal voters present sentative dis- at a legal meeting, in each of said towns and districts, '^"*^'*' respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a rep- resentative district to continue until the next decennial census of polls, for the election of a representative, or rep- resentatives ; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls.

The governor and council shall ascertain and determine. The governor w^ithin the months of July and August, in the year of our di't(rm"ine'the Lord one thousand eight hundred and thirty-seven, accord- leKen'tativL'^to' ing to the foregoing principles, the number of representa- town'^is'^enatied tives, which each city, town, and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town, and representative district may elect an additional representative ; and where any town has not a sufficient number of polls to elect a representative each year, then, how many years within the ten years, such town may elect a representative ; and the same shall be done once in ten New apportion.

,1 /", 1 J.I 1 "1 1 ii ment to be made

years, thereatter, by the governor and council, and the once in every number of ratable polls in each decennial census of polls, ^^'^y^^''^- shall determine the numl>er of representatives, which each city, town and representative district may elect as afore- said ; and when the number of representatives to be elected

40 CONSTITUTION OF THE

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 tixed and unalterable for the period of ten years. provLlont"' All the provisions of the existing constitution incon-

annuiied. sistcut with the provisious herein contained, are hereby

wholly annulled.] censueofinhab. Art. XIII. [A ccusus of the inhabitants of each city

itants tobe taken L ptt i i

iu 1840, and de- and towu, ou the first day ot May, shall be taken, and

cennially there- ^ i • > j i j^ "■> n' to i i j

after, for basis rctumed luto the Secretary s otnce, on or beiore the last ofjepresenta. ^j^^^ of Junc, of the year one thousand eight hundred and MnJus'supeT^- '° foi'^^Jj ^^^ of cvcry tenth year thereafter; which census sededbyamend- shall determine the apportionment of senators and repre-

ments, Arts. • /» i /^

xxi.andxxir. scutatives tor the term ot ten years. 122 Mass. 595.

u-lcfsdecia'J'ed The scvcral senatorial districts now existing sha'U be perraauent permanent. The senate shall consist of forty members ;

Provisions astoi i-iiiiii^

senators super- and lu tlie year one thousand eight hundred and forty,

raents, i.ru''"' and Gvery tenth year thereafter, the governor and council

^^^^- shall assio;n the number of senators to be chosen in each

district, according to the number ot inhabitants in the

same. But, in all cases, at least one senator shall be

assigned to each district.

Sn"ativeV,''how The members of the house of representatives shall be

apportioned. ai^portioncd in the followino^ manner : Every town or city

Provisions as to it, p , -^ •'

representatives containing twclvc hundred inhabitants may elect one rep- rmendme^nts? reseiitative ; and two thousand four hundred inhabitants Art. XXI. shall be the mean increasing number, which shall entitle

it to an additional representative. h™w"ep^°^' Every town containing less than twelve hundred inhab-

sented. itauts sliall be entitled to elect a representative as many

times within ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the com- monwealth shall be settled. w^iTe'TntoMpre. ^^^Y ^^^^ ^r morc of the several towns may, by consent Bentative dis- of a majority of the legal voters present at a legal meet- ing, in each of said towns, respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representa- tive district, to continue for the term of ten years ; and such district shall have all the rights, in regard to repre- sentation, which would belong to a town containing the same number of inhabitants.

CO:\IMONWEALTII OF MASSACHUSETTS. 41

The imnil)er of inhabitants wl .ch shall entitle a town Basis of repre-

. ^ , J . • 1,1 • • Mentation, aiici

to elect one representative, and the mean increasuig nnni- ratio of iucrease. ber Nvhieh shall entitle a town or city to elect more than one, and also the number by which the population of towns not entitled to a representative every year is to be divided, shall be increased, respectively, by one-tenth of the num- bers above mentioned, whenever the population of the commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of one- tenth shall be made, respectively, to the said numbers above mentioned.

In the year of each decennial census, the o-overnor and The governor

"^ ^ , ^ ' o _ and council to

council shall, before the tirst day ot September, apportion apportion the

iiumbpr of r6D"

the number of representatives which each city, town, and resentatives of representative district is entitled to elect, and ascertain fu ever7"eu"'^'^ how" many years, within ten years, any town may elect a ^'^^'■'^■ representative, which is not entitled to elect one every year ; and the governor shall cause the same to be pub- lished forthwith.

Nine councillors shall be annually chosen from among councillors to the people at large, on the tirst Wednesday of January, the^peopieat or as soon thereafter as may be, by the joint ballot of the provisions as to senators and representatives, assembled in one room, who guperg"dedby shall, as soon as may be, in like manner, till up any vacan- amendments, cies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a councillor, who Qualifications of has not been an inhabitant of this commonwealth for the ^^^^" term of live years immediately preceding his election ; and not more than one councillor shall be chosen from any one senatorial district in the commonwealth.]

No possession of a freehold, or of any other estate, shall ^ul^Jjclftiou^for be required as a qualification for holding a seat in either a seat in general

- , ^ , -" , • 1 j_' •^ court or council

branch oi the general court, or in the executive council, not required.

Art. XIV. In all elections of civil officers by the peo- Elections by the pie of this commonw'ealth, whose election is provided for pfuramyof "^^ by the constitution, the person having the highest number '•'°^'^^- of votes shall be deemed and declared to be elected.

Art. XV. The meeting for the choice of governor. Time of annual lieutenant-governor, senators, and representatives, shall ernor^and legist be held on the Tuesday next after the first Monday in ''''"''''• November, annually ; but in case of a failure to elect repre- sentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November.

42

CONSTITUTION OF THE

Eight council- lors to be chosen by the people. 122 Mass. 595, 598.

Legislature to district state.

Eligibility defined.

Day and manner of election, etc.

Vacancies, how filled.

For new pro- vision as to vacancies, see amendments, XXV.

Oi'ganization of the government.

Art. XVI. Eight councillors shall be annually chosen hy the inhabitants of this commonwealth, qualitied to vote for governor. The election of councillors shall be deter- mined by the same rule that is required in the election of governor. The legislature, at its first session after this amendment shall have been adopted, and at its first ses- sion after the next state census shall have been taken, and at its first session after each decennial state census thereafterwards, shall divide the commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicaljle, without divid- ing any town or "ward of a city, and each entitled to elect one councillor -.provided, however, that if, at any time, the constitution shall provide for the division of the common- wealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legisla- ture. No person shall be eligible to the office of council- lor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec- tion. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall be the same as are required in the election of governor. [Whenever there shall be a failure to elect the full num- ber of councillors, the vacancies shall l)e filled in the same manner as is required for filling vacancies in the senate ; and vacancies occasioned by death, removal from the state, or otherwise, shall be filled in like manner, as soon as may be, after such vacancies shall have happened.] And that there may be no delay in the organization of the govern- ment on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and coun- cillors ; and ten days liefore the said first AVednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either of said oflicers, the choice shall be by them declared and published ; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the

COMMONWEALTH OF MASSACHUSETTS. 43

manner provided in the constitution for the choice of such officers.

Art. XVH. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen ure's^audito?**' annually, on the day in November prescribed for the '^enerarby^h* choice of governor ; and each person then chosen as such, people. duly qualitied in other respects, shall hold his office for the term of one year from the third Wednesday in Jan- uary next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of o;overnor. In case of a failure to elect vacancies, how

CD nll€Q.

either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest numljer of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room ; and in case the office of secretary, or treasurer and receiver- general, or auditor, or attorney-general, shall become va- cant, from any cause, during an annual or special session of the general court, such vacancy shall in like manner 1)6 filled by choice from the people at large ; but if such vacancy shall occur at any other time, it shall be supplied by the governor by api)ointment, with the advice and con- sent of the council. The person so chosen or appointed, duly qualitied in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the To qualify with. offices aforesaid, shall neglect, for the space of ten days othernise ^office after he could otherwise enter upon his duties, to qualify vac^a^nt.'^'^'"'^'' himself in all respects to enter upon the discharge of such duties,, the office to which he has been elected or appointed shall ])e deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabit- ^^^"'*' ®" ant of this commonwealth five years next preceding his election or appointment.

Art. XYIII. All moneys raised by taxation in the school moneys towns and cities for the support of pu])lic schools, and pUeciVrsTcta- all moneys which may be appropriated by the state for Forori'g'JniV the support of common schools, shall be applied to, and ^choor8°°eT *° expended in, no other schools than those which are con- constitution,

Pirt First Art*

ducted according to law, under the order and superintend- lii.

44

CONSTITUTIOX OF THE

12 Allen, 500,

508.

103 Ma88. 94, 9

Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc., by the people. 8 Gray, 1. 13 Gray, 74. 110 Mass. 172, 173.

Reading consti- tution in English and writing, necessary quali- tications of voters. Proviso. For other quali- fications, see amendments, Art. III. See also amend- ments, Art. XXIII., which was annulled by amendments. Art. XXVI.

Census of legal voters and of inhabitants, when taken, etc. See P. S. c. 31.

House of repre- sentatives to consist of 240 members. Legislature to apportion, etc. 10 Gray, 613.

ence of the {iuthoritie.s of the town or city in which the money is to he expended ; and such moneys shall never 1)6 appropriated to any religious sect for the maintenance, exclusively, of its own school.

Art. XIX. The legislature shall prescribe, by general law, for the election of sherifts, registers of probate, com- missioners of insolvency, and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.

117 Mass. 602, 603. 121 Mass. 65.

Art. XX. No person shall have the right to vote, or be elioible to office under the constitution of this common- v/ealth, who shall not be able to read the constitution in the English language, and write his name \ iwovided ^ liow- evei\ that the provisions of this amendment shall not apply to any person prevented by a physical disability from com- plying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty 3^ears 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 fir.st day of May, shall be taken and returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fift3'-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumer- ation shall be made of the legal voters ; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of representatives for the periods between the taking of the census.

The house of representatives shall consist of two hun- dred and forty members, which shall be apportioned by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration ; and the town of Cohasset, in the county of Norfolk, shall, for this pur- pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ;

CO:\LMOXWEALTII OF MASSACHUSETTS. 45

and it shall he the duty of the socretarv of the common- Secretary shaii

wealth, to ecrtity, as soon as may be after it is determined authoH°e°i to^"

by the legislature, the number of representatives to which '^"'"^® counties.

each county shall be entitled, to the board authorized to

divide each county into representative districts. The

mayor and aldermen of the city of Boston, the county

conimissioners of other counties than Sutfolk, — or in lieu

of the mayor and aldermen of the city of Boston, or of the

county commissioners in each county other than Sutfolk,'

such board of special commissioners in each county, to

be elected l)y the })eople of the county, or of the towns

therein, as may for that purpose be provided by law, —

shall, on the first Tuesday of Auijust next after each Meeting for

. . "^ , ~ , division to be

assignment ot representatives to each county, assemble at first Tuesday a shire town of their respective counties, and proceed, as Prooeedmgs. soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county ; and such districts shall be so formed that no town or Avard 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 j'ear at least next preceding Qualifications of his election, shall have been an inhabitant of the district i2rMa*88!^595r' for which he is chosen, and shall cease to represent such ^'■^^* district when he shall cease to be an inhabitant of the commonw^ealth. The districts in each county shall be Districts to be numbered by the board creating the same, and a descrip- 'Je^ribedand tion of each, "svith the numbers thereof and the number of °'*'"'^^^'^'^' legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each dis- trict, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their elec- tion, shall be prescribed by law. [Not less than one Quorum, see hundred members of the house of representatives shall A™t!Vxxiii. constitute a quorum for doing business ; but a less num- ber 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 census, etc. and town, on the first day of May, shall be taken and returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one

46

CONSTITUTION OF THE

Voters to be basis of appor- tionment of senators.

Senate to consist of forty mem- bers.

Senatorial districts, etc.

See amend- ments, Art. XXIV.

Qualifications of senators.

Quorum, see amendments, Art. XXXIII.

Residence of two years re- quired of natu- ralized citizens, to entitle to suf- frage or make eligible to office. This article annulled by Art. XXVI.

Vacancies in the senate.

Vacancies in the council.

thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enu- meration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportion- ment of senators for the periods between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next pre- ceding special enumeration, divide the commonwealth into forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, ac- cording to the enumeration aforesaid : j)'^ovided, however, that no town or w^ard 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 elect one senator, who shall have been an inhal)itant of this com- monwealth five years at least immediately preceding his election, and at the time of his election shall be an inhab- itant of the district for which he is chosen ; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the commonwealth. [Not less than sixteen senators shall constitute a quorum for doing business ; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]

Art. XXIII. [No person of foreign birth shall be en- titled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amend- ment shall not 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, l)orn 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 the senators elected.

Art. XXV. In case of a vacancy in the council, from a failure of election, or other cause, the senate and house

COMMONWEALTH OF MASSACHUSETTS. 47

of representatives shall, hy concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to till that office. If such vacancy shall happen when the leoislature is not in session, the governor, with the advice and consent of the council, may till the same by apjiointment of some eligible person.

AiiT. XX^^I. The twenty-third article of the articles Twenty-third

/> 1 J. i* ii j.*j_ X' i? J.1 • ij^i article of amend.

ot amendment ot the constitution ot this commonwealth, ments annulled. which is as follows, to wit : " No person of foreign birth shall be entitled to vote, or shall be eligilile to office, unless he shall have resided within the jurisdiction of the United States for two 3'ears subsequent to his naturalization, and shall 1)6 otherwise qualified, according to the constitution and laws of this commonwealth : pj'ovided, that this amend- ment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and 2^rov ided , ftoiher , that it shall not aliect 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.

AllT. XXVn. So much of article two of chapter six Provisions of

of the constitution of this commonwealth as relates to vi., reiating^'o persons holding the office of president, professor, or vaiTcoulg^c!" instructor of Harvard College, is hereby annulled. annulled.

AiiT. XXVIII. Xo person having served in the army superseded by or navy of the United States in time of war, and having been honoral^ly discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of being a pauper ; or, if a pauper, because of the non- payment of a poll-tax.

Art. XXIX. The general court shall have full power voting pre- and authority to provide for the inhabitants of the towns "'^'^*^° in this Commonwealth more than one place of public meet- ing within the limits of each town for the election of of- ficers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. All the provisions of the existing constitution inconsistent with the provisions herein contained are hereby annulled.

Art. XXX. No person, otherwise qualified to vote in voterB not die- elections for governor, lieutenant-governor, senators, and ^^a^son of change representatives, shall, by reason of a change of residence untiufx^months within the Commonwealth, be disqualified from voting for %°^Jl^f°^ said officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal.

48 CONSTITUTIOX OF TPIE

Amendments Alt. XXVIII

Art. XXXI. Article twenty-eight of the Amendments

amended. of the Constitution is hereby amended by striking out in

the fourth line thereof the words " being a pauper", and

inserting in place thereof the words : — receiving or having

received aid from any city or town, — and also by striking

out in said fourth line the words " if a pauper", so that

the article as amended shall read as follows : Article

^^"eTin^army XXVIII. No pcrsoii haviug scrvcd in the army or navy

not"dri'qmUiHed of the United States in time of war, and having been hon-

fiom voting for orablv discharijed from such service, if otherwise qualified

non-payment of -^ i 1 1 i t i • > i i c •

poll tax. to vote, shall be disqualmed thereior on account ot receiv-

ing or having received aid from any city or town, or because of the non-payment of a poll tax.

rroviBions of Art. XXXII. So much of article three of the Amend-

amendments, /.i/^ •• c \ * r^ ii

Alt. III. relative mcuts ot tlic Coiistitutioii ot the Commonwealth as is con- t.ax'aslTvotin/ talucd iu the following words : " and who shall have paid, aunufied!'°°' hy hiiiiself, or his parent, master, or guardian, any state or county tax, which shall, within tw^o 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 men- tioned ", is hereby annulled. wnTof'lhr^ Art. XXXIII. A majority of the members of each general court, braucli of the general court shall constitute a quorum for

to consist of a • <> i • i i t

majority of the trausactiou ot business, but a less number may adjourn from day to day, and compel the attendance of absent members. All the provisions of the existing Constitu- tion inconsistent with the provisions herein contained are hereby annulled.

members.

The constitution of jMassachusetts was agreed upon by delegates of the people, in convention, began and held at Cambridge, on the fii-st day of September, 1779, and continued by adjournments to tlie second day of ]\Iareh, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to 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 re(]uisite number of votes, and the conven- tion accordingly licsolvcd, " That the said Constitution or Frame of Government shall take place on the last Wednesday of October next ; and not before, for any purpose, save only for that of making elections,

COMMOXWEALTfl OF lAIASSACHUSETTS. 49

agrooablt^ (o this rcsolntion."" The first legislature assembleil at Bos- ton, on the twenty-fifth day of October, 1780.

The first nine Artieles of Amendment were submitted, by delegates in eonvention assembled, November 1.3, 1820, to tiie people, and by them ratified and adopted, April 9, 1821.

The tenth Article was adopted by the legislatures of the political years 1829-;)U, and 1830-31, respectively, and was approved and rati- fied by the people May 11, 1831.

The eleventh Article was adopted by the legislatures of the jjoliti- cal j-ears 1832 and 1833, respectivel}', and was approved and ratified by the people November 11, 1833.

The twelfth Article was adopted by the legislatures of the political years 183.3 and 183B, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the politi- cal years 1839 and 1810, respectively, and was approved and ratified b}' the people the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the legislatures of the political years 1854 and 18.55, respeetivel}', and ratified by the people the twenty-third day of May, 1855.

The twentieth, twenty-first, and twent^'-second Articles were adopted by the legislatures of the political years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.

The twentA'-third Article was adopted by the legislatures of the political years 1858 antl 1859, respectively, and ratified by the people on the ninth day of May, 1859, and was repealed by the twenty-sixth Amendment,

The twenty-foui-th and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and I'atified by the jjeople 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.

The twenty-seventh Article was adopted by the legislatures of the political years 1876 and 1877, and was approved and ratified by the people on the sixth day of November, 1887.

50 CONSTITUTION OF MASSACHUSETTS.

The twenty-eighth Article was adopted by the legislatures of the jjolitical years 1880 and 1881, and was approved and ratified by the people on the eighth day of November, 1881.

The twenty-ninth Article was adojited by the legislatures of the political years 1884 and 1885, and was approved and ratified by the l^eople on the third day of November, 1885.

The thirtieth and thirtj^-first Articles were adoj^ted by the legis- latures of the jjolitieal years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.

The thirty-second and thirty-third Articles were adopted by the legislatures of tlie political years 1890 and 1891, and w^ere appi'oved and ratified by the people on the third day of November, 1891.

[A proposed Article of Amendment, prohibiting the manufacture and sale of Intoxicating Liquor as a Ijeverage, adopted by the legis- latures of the jjolitical years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]

INDEX TO THE CONSTITUTION.

A.

Tags Address of both houses of the legislature, judicial officers may be

removed by governor with consent of council upon, . 26

Adjutant-general, appointed by the governor, 22

Adjutants, to be appointed by commanding officers of regiments, . 22 Affirmations, instead of the required oaths, may be made by Quakers, 30, 31 , 35

Agriculture, arts, commerce, etc., to be encouraged 29

Alimony, divorce, etc., 27

Amendment to the constitution, proposed in the general court, agi'eed to by a majority of senators and two-thirds of liouse present and voting thereon by yeas and nays ; en- tered upon the journals of both houses, and referred to the next general court; if the next general court agrees to the proposition in the same manner, and to the same effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the con- stitution, 36, 37

Apportionment of councillors, ....... 2i, 41, 42

state to be divided into eight districts, 42

Apportionment of senators, 13, 40, 46

on basis of legal voters, and state to be divided into foi'tj^

districts, 46

Apportionment of representatives, ...... 16, 39, 40, 44

to the several counties, made on the basis of legal voters, . 44 Armies, dangerous to libei'ty, and not to be maintained without con- sent of the legislature, 8

Arms, right of people to keep and to bear, for public defence, . 8 Arrest, members of house of representatives exempted from, on mesne process, while going to, returning from, or attend- ing the genei'al assembly, 18

Arrest, search and seizure, right of, regulated, 7

Avari'ant to contain special designation, 7

Attorney-general, to be chosen by the people annually in November, 21, 43 to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualified, 43 election determined by legislature, ...... 43

in failure of election by the voters, or in case of decease of person elected, vacancy to be tilled by joint ballot of legis- lature from the two persons having the highest number of

votes at November election, 43

51

52 INDEX TO THE CONSTITUTION.

Page

Attorney-general, vacancy occurring during session of the legisla- ture, filled by joint ballot of legislature from the people at large, 43

vacancy occurring during recess of legislature, filled by gov- ernor by appointment, with consent of council, . . 43

not eligible, unless an inhabitant of the state for five years

next preceding election or appointment, .... 43

ofiice to be deemed vacant if person elected ©r appointed fails

to be qualified within ten days, 43

Attorneys, district, elected by the people of the several districts, . 44 Auditor, to be chosen by the people annually in November, . . 43

to hold office for one j'ear from third "Wednesday in Januaiy

next tliereafter, and until another is chosen and qualified, 43

election determined by legislature, 43

vacancy filled in same manner as in office of attorney-general, 43

not eligible, unless an inhabitant of the state for five years

next preceding election, 43

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 43

B.

Bail or sureties, excessive, not to be required, 9

Bills, money, to originate in the house of representatives, . . 17

Bills and resolves, to be laid before governor for revisal, ... 10 to have force of law if signed by governor, .... 10 if objected to by governor in writing, to be returned to brancli in which originated, and ma}'^ be passed by two- thirds of each branch present and voting thereon hj j-eas

and nays, 10

if not returned l)y governor Avithin five days after i^resenta- tion, to have force of law, unless the legislature adjourns before that time expires, . . . . . . .11,34

Boards, public, to make quarterly reports to the governor, . . 22 Body politic, formation and nature of, ...... 3

title of : Tlie Commonwealth of Massachusetts, ... 10 Briber}^ or corruption used in procuring an appointment or election,

to disqualify from holding any office of trust, etc., . . 32

c.

Census of ratable polls, 38

of inhabitants, 40, 44, 45

of inhabitants and legal voters taken in the year 1865, and

every tenth year thereafter, 44, 46

enumeration of voters to determine the apportionment of

representatives 44

INDEX TO THE CONSTITUTION. 53

Page Cities, may be chartered bj- the general court, if containing twelve thousand inhabitants and consented to by a majority

thereof, 34

Civil oflicers, meeting for election to be held annually on the Tues- day next after the first Monday in November, ... 41. whose election is provided for by the constitution to be

elected by a plurality of votes, 41

Clerks of courts, elected by the people of the several counties, . 44 Clerks of towns, to make records and returns of elections, . . 13 Colonial laws, not repugnant to the constitution, continuoil in

force, 32

Commander-in-chief, governor to be, 20

Commerce, agriculture and the arts, to be encoui'agcd, ... 29 Commissarj^-general, appointed and commissioned as tixed by law, . 25, 35 Commission officers, tenure of oftice to be expressed in commissions, 26 Commissioners of insolvencj', elected by the people of the several

counties, .......... 44

Commissions, to be in the name of the Commonwealth, signed b\' governor, attested by the secretarj^ and have the great

seal affixed, 32

Congress, delegates to, ......... 27

members of, may not hold certain state offices, . . 36

Constitution, amendment to, proposed in the general court, agreed to by a majority of senators and two-thirds of the house present and Aoting thereon by yeas and nays; entered upon the journals of both houses, and refeiTed to the next general court; if the next general court agrees to the proposition in the same maimer and to the same efi'ect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution, . 36, 37 Constitution, provisions for revising, ....... 33, 36

to be enrolled on parchment, deposited in secretary's office,

and printed in all additions of the laws, .... 34

Coroners, 21

Corruption or bribery used in procuring any appointment or elec- tion, to disqualify from holding any office of trust, etc., 32

Council, five members to constitute a quorum, 24

eight councillors to be elected annually, . . . . .24,42 election to be determined by rule required in that of gover- nor, 42

to take oath of office before the president of the senate in

presence of both houses of assembly, .... 29

to rank next after the lieutenant-governor, .... 25 resolutions and advice to be recorded in a register, and signed

by the members present, 25

register of council may be called for by either house, . . 25 to exercise the power of governor when office of governor

and lieutenant-governor is vacant, ..... 25

54 INDEX TO THE CONSTITUTION.

Page Council, no property qnalilication required, ..... 41

eight districts to l)e formed, eacli composed of live contiguous

senatorial districts, ........ 42

eligible to election if an iuliabitant of state for live years pre- ceding election, 42

term of office, .......... 37

vacancy to be tilled by election of a resident of the district by concurrent vote of the senate and house; if legislature is not in session, to be tilled by governor with advice of council, .......... 46, 47

Court, superior, judges not to hold certain other offices, ... 36 Court, supreme judicial, judges to have honorable salaries fixed by standing laws, and to hold office during good be- havior, 9, 23

judges not to hold certain other offices, ..... 36

to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the governor and council, ....... 26

Courts, clerks of, elected by the people of the several counties, . 44

Courts, probate, provisions for holding, 26

registers elected by the people of the several counties, . 44

Courts and judicatories may be established by the general court, 11

may administer oaths or affirmations, . . . . 11

Crimes and ofl'ences, prosecutions for, regulated, .... 7

Crimes to be proved in the vicinity of where they happen, . . 7

D.

Debate, freedom of, in the legislature 8

Declaration of the rights of the inhabitants 4

Declaration and oaths of officers ; tests abolished, . . .29, 35, 36

Delegates to congress, 27

Departments, legislative, executive and judicial, to be kept separate, 9

District attorneys, elected by tlie people of the several districts, . 44 Districts, councillor, Sight, each to be composed of five contiguous

senatorial districts, ........ 42

Districts, senatorial, forty, to be of adjacent territory, and to con- tain as near as may be an equal number of voters, . . 46 Districts, representative, to be established by commissioners in the

several counties, . . . . . . . . . 39, 45

Divorce, alimony, etc., 27

E.

Educational interests to be cherished 29

Elections ought to be free, 6

Elections, by the people, of civil officers provided for by the consti- tution, to be by plurality' of votes, • , • • • • 41

INDEX TO THE CONSTITUTION. 55

Page Election of civil officers, mcetiuif to be lield annnally on the first

Tuesda.v next after tlie tii",st Monday in November, . . 41 in case of failure to elect representative, meeting to be held

on fourth Monday in November, ..... 41

Election returns, 13, 42

Enacting style of laws, established, 33

Equality and natural rights of all men, .' 4

Estates, valuation to be taken anew once at least every ten years, . 12 Executive department, not to exercise legislative or judicial powers, 9

Ex. post facto laws, declared unjust and oppressive, .... 9

F.

Felony and treason, no subject to be declared guilty of, l)y the legis- lature, ........... 9

Fines, excessive, not to be imposed, ....... 9

Frame of government, .......... 10

Freedom of speech and debate in the legislature, .... 8

Freehold, possession of, not reciulred as qualification for seat in the

general court or council, 41

Fundamental principles of the constitution, afreciuent recurrence to,

recommended, 8

G.

General court, to assemble frequently for redress of grievances, and

for making laws, 8

freedom of speech and debate in 8

not to declare any subject to be guilty of treason or felonj' . 9

formed by two branches, a senate and house of representa- tives, each having a negative on the other . ... 10 to assemble every year on tlie first Wednesday of January, at such other times as tlicy shall judge necessary, and when- ever called by the governor with the advice of council, 10, 19, 37 may constitute and erect judicatories and courts, . . . 11 may make wholesome and reasonable laws and ordinances not

repugnant to the constitution, 11

may provide for the election or appointment of officers, aud

prescribe their duties, 11

may impose taxes, etc., to be used for the public service, . 12 to be dissolved on the day next preceding the first Wednes-

daj' of January, 20, 37

travelling expenses of members, ...... 16

may be adjourned or prorogued, upon its request, by the gov- ernor with advice of council, 19

session may be directed by governor, witli advice of council, to be held in other than the usual place in case of an infec- tious distemper prevailing, 19, 20

56 INDEX TO THE CONSTITUTION.

Page General court, judicial officers may be I'emoved upon address of, . 26 person convicted of briberjs not to hold seat in, ... 32 may increase property qualifications of persons to be elected

to office, 32

certain officers not to have seats in, 31

may be prorogued by governor and council for ninety days, if

liouses disagree, etc., 20

to elect major-generals by concurrent vote, .... 21

empowered to charter cities, ....... 3-1

to determine election of governor, lieutenant-governor and

councillors, 41, 42

to prescribe bylaw for election of slierifls, registers of probate and commissioners of insolvency l)y tlie people of tlie counties, and district attorneys by tlie people of tlie

districts, 44

quorum, to consist of a majority of members, .... 48

Government, objects of, . . . . . . . . 3, 5, 6

Government by tlie people, as a free, sovereign and independent

state, ........... 5

Governor, tlie supi'eme executive magistrate, styled, — The Gover- nor of the Commonwealth of Massachusetts ; Avitli the title of, — His Excellency ; elected annually, . . . 18 qualifications, — to have been an inhabitant of the state for

seven years, and have freehold of £1,000 value, . . 18, 35 term of office, .......... 37

should have an honorable stated salarj% 23

the commander-in-chief, of the army and navy, but ma}' not

oblige them to go out of the limits of the state, . . 20, 21

to appoint tlie adjutant-general, 22

may call togetlier the councillors at any time, .... 19

not to hold certain other offices, 31

to talie oaths of office before president of tlie senate in pres- ence of the two houses of assembly, ..... 31

to sign all commissions, 32

election determined by the legislature, 42, 43

veto power, 10

vacancy in office of, powers to be exercised by the lieutenant- governor, .......... 24

vacancy in office of governor and lieutenant-governor, powers

to be exercised by the council, 25

with advice of council, may adjourn or prorogue tlie legisla- ture upon request, and convene the same, .... 19

may adjourn or prorogue the legislature for not exceeding ninety days wlien houses disagree, or may direct session to be held in otlier than tlie usual place in case of an in- fectious distemper prevailing, ...... 19

to appoint all judicial officers, notaries public and coroners; nominations to be made at least seven days before appoint- ment, 21, 35

INDEX TO THE CONSTITUTION. 57

Page Governor, to appoint oflicers of tlio continental army, ... 22 may pardon ofl'ences, but not before conviction, ... 21 may fill vacancy in council occurring wlicu legislature is not

in session, 47

with consent of council, raaj' remove judicial officers, upon

the address of butli houses of the legislature, ... 26 Governor and council, to examine election retinnis, . . . . 14, 42 may punish persons guilty of disrespect, etc., b}^ imprison- ment not exceeding thirty days, 17,18

quorum to consist of governor and at least five members of

the council, 19

maj^ require the attendance of the secretary of the common- wealth in person or by deputj-, 26

H.

Habeas corpus, privilege of writ to be enjoyed in the most ample manner, and not to be suspended by legislature except

upon most urgent occasions, 32

Harvard College, powers and privileges, gifts, grants and convey- ances confirmed, 27, 28

board of overseers established, but the government of the

college may be altered by legislature, .... 28

oflicers may be elected memljei's of the general court, . . 47

Hereditary offices and inuvileges, absurd and unnatural, . . . 5, 6

House of Representatives, members may be instructed by the peoi)le, 8

a representation of the people annually elected and founded

upon the principle of equality, 16

may impose fines upon towns not choosing members, . . 16 expense of travel once every session each way, to ha paitl bj^

the government, . . . . . . . . . 16

to enter objections made by governor to a bill or resolve at

large upon records, 10

qualifications of membei's, 1", 41, 45

must be an inhabitant of district for one year preceding elec- tion, and shall cease to be a member when ceasing to be an inhabitant of the state, ....... 45

members not to be arrested on mesne process during going to,

return from, or attending the general assembly, . . 18

the grand inquest of the commonwealth, 17

to originate all money bills, but the senate may propose or

concur Avith amendments, ....... 17

not to adjourn more than two days at a time, .... 17

quorum of, 1', 45, 48

to choose officers, establish its rules, etc., .... 17 may punish by imprisonment, not exceeding thirty days, per- sons guilty of disrespect, etc. ; trial may be by committee, 17, 18

58 INDEX TO THE CONSTITUTION.

Page House of Representatives, privileges of members, .... 18

may require tlie attendance of secretary of tlie commonwealth

in person or by deputj% 26

may require the opinions of the justices of the supreme judi- cial court upon important questions of law, and upon solemn occasions, 26

meeting for election to be held on the Tuesday next after the

fli'st Monday of November, 41

in case of failure to elect, meethig to be held on the fourth

Monday of November, 41

to consist of two hundred and forty members, apportioned to the several counties equally, according to relative number of legal voters, 44

commissioners to divide counties into representative districts of contiguous territory, but no town or ward of a city to be divided, .......... 45

no district entitled to elect more than three representatives, . 45

board authorized to divide county mto districts, to be certi- fied to by the secretary, the number of representatives to which the count}' is entitled, 45

I.

Impeachments, bj' the house of representatives, to be tried by the senate ; limitation of sentence ; party convicted liable to

indictment, 15, 16

Incompatible offices, 31, 36

" Inhabitant," the word detined, 13

Inhabitants, census to be taken in 18G5, and everj^ tenth j-ear tliere-

after, 38, 40, 44, 45

Insolvency, commissioners of, elected 1)y the people of the several

counties, .......... 44

Instruction of representatives, 8

J.

Judges of courts may not hold certain other offices, . . . . 31, 36 Judges of tlie supreme judicial court, to hold office during good behavior, and to have honorable salaries established by

standing laws, 9, 23, 26

to give opinions upon important questions of law, etc. , when required by the governor and council, or either branch of

legislature, 26

not to hold certain other offices, 31

Judicatories and courts, may be established by the general court, . 11

may administer oaths or affirmations, 11

Judicial department, not to exercise legislative or executive powers, 9

INDEX TO THE CONSTITUTION. 59

Judicial otlicers, appointed l\v the ijovcrnor with consent of coun- cil ; nominations to be made seven daj'S prior to appoint- ment, .21

to hold office during good behavior, except wlien otherwise

provided by the constitution, ...... 26

may be removed from office by the governor, upon the address

of both houses of tlie legishiture, 26

Jury, trial by, right secured, 7

Justices of the peace, commissions to expire in seven years from

date of appointment, but may be renewed, ... 26

L.

Law-martial, onlj' those emploj-ed in the army and navy, and the militia in actual service, subject to, except by authority

of the legislature, 9

Laws, every person to have remedy in, for injury to person or prop- erty, 6

power of suspension or execution of, only in the legislature, 8

ex post facto, prohibited as unjust and inconsistent with free

government, 9

of pi'ovince, colony and state, not repugnant to the constitu- tion, continued in force, 32

Legislative power, 9

Legislative department, not to exercise executive or judicial powers, 9

Legislatm-e (see General CouW;).

Liberty of the press, essential to the security of freedom, . . 8 Lieutenant-governor, to be annually elected in November, — title of, His Honor ; who shall be qualiffed in propertj' and resi- dence same as governor, 23, 37, 41

in the absence of governor, to be president of the council, . 24 to be acting governor when the chair of the governor is

vacant, 24

to take oath of office before president of tlie senate in presence

of both houses, 31

not to hold certain other offices, . . . . . . 31

term of office, 37

Literature and the sciences to be encouraged, 29

M.

Magistrates and officers, accountable to the people, .... 5 Magistrates and courts, not to demand excessive bail, impose exces- sive flues, or inflict cruel punishments, .... 9 Major-generals, elected by senate and house of representatives by

concurrent vote, 21

may appoint their aids, 22

60 INDEX TO THE CONSTITUTION.

Page

MaiTiage, divorce and alimony, .27

Martial law, ouly those employed in the army aud navy, and the militia in actual service, subject to, except by authority of

legislature, .......... 9

Militarj' power, subordinate to civil authoritj^ ..... 8

Militia, not to be obliged by commander-in-chief to march out of the

limits of the state, ........ 21

captains and subalterns, elected bj' the train-bands, . . . 21, 35

all members of companies may vote, mcluding minors, . . 35

field officers, elected by captains and subalterns, . . . . 21

brigadiers, elected by field officers, 21

major-generals, elected by senate and house of representatives

by concurrent vote, 21

mode of election of officers to be fixed by standing laws, . 21 if electors refuse to elect, governor with advice of council

may appoint officers, ........ 22

officers commissioned to command may be removed as may

be prescribed by law, 22, 35

appointment of stafl' officer's, ....... 22

organization ; divisions, brigades, regiments and companies, . 22

Money, issued from treasury by warrant of governor, etc., . . 22 mentioned in the constitution, to be computed in silver at six

shUlings and eightpence per ounce, 32

Money bills, to originate in house of representatives, ... 17 Moneys, raised or appropriated for public or common schools, not

to be applied for support of sectarian schools, ... 43

Moral obligations of lawgivers and magistrates, .... 8

Moral qualifications for office, 8

]sr.

Notaries public, to be appointed by governor with advice of council, 25, 35 may be removed by goA-ei-nor with advice of council, upon

address of both houses, 35

o.

Oaths and affirmations, may be administered by courts and judica- tories, 11

how and by whom taken and subscribed, . . . 29, 30, 31, 35

forms of, 29, 30, 35

Quakers may affirm, 31, 35, 36

to be taken by a-U civil aud military officers, .... 35

Objects of government, 3, 6

Oflences and crimes, prosecutions for, regulated, .... 7

Office of trust, person convicted of bribery, etc., not to hold, . . 32 Office, rotation in, right secured, 6

INDEX TO THE CONSTITUTION. 61

Page Oflice, all persons having- the prescril)cd qualifications equally eli- gible to, a

no person eligible to, unless they can read and write, . . H Otlices, plurality of, prohibited to governor, lieutenant-governor and

judges, 31, 3G

incompatible, 31,32,36

Officers, civil, legislature may provide for the naming and settling

of, 11

Officers, commission, tenure of office to be expressed in commis- sions, 26

Officers, judicial, to hold office during good behavior, except, etc., . 26 may be removed by governor, with consent of council, upon

the address of both houses of the legislature, ... 26

Officers of former government, continued, 33

Officers of the militia, election and appointment of, . . . . 21

removal of, 22, 35

Officers and magistrates, accountable to the people, .... 5

Organization of the militia, 22

P.

Pai'don of offences, governor with advice of council maj^ grant, but

not before conviction, 21

People, to have the sole right to govern themselves as a free, sover- eign and independent state, 6

have a right to keep and to bear arms for the public defence, 8 have a right to assemble to consult upon the common good, to instruct their representatives, and to petition legisla- ture 8

Person and property, remedy for injuries to, should be in the laws, . 6

Petition, right of, 8

Plantations, unincorporated, tax-paying inhabitants may vote for

councillors and senators, ....... 1-1

Plurality of offices, 31

of votes, election of civil officers by, 41

Political year, begins on the tirst Wednesday of January, ... 37

Polls, ratable, census of, 38

Preamble to constitution, 3

Press, liberty of, essential to the security of freedom, ... 8

Private property taken for public uses, compensation to be made for, G

Probate courts, provisions for holding, 26

registers, elected by the people of the several counties, . . 21, 44

judges may not hold certain other offices, ... 36

Property qualification, may be increased by the legislature, . . 32

partially abolished, 41

Prosecutions for crimes and offences regulated, 7

62 INDEX TO THE CONSTITUTION.

Page Provincial laws, not repugnant to the constitution, continued in

force, 32

Public boards and certain officers to make quarterly reports to the

governor, .......... 22

Public officers, right of people to secure rotation, .... 6

all persons having the prescribed qualitlcations equallj' eli- gible, 6

Public notary (see Notary public).

Public religious worship, right and duty of, 4

Punishments, cruel and unusual, not to be inflicted, .... 9

Q.

Qualiers, may make affirmation, 31,35

Qualification of persons to he elected to office may be increased by

the legislature, ......... 32

Qualification, property, of governor and lieutenant-governor, . . 18, 23

Qualification, property, partially abolislied, 41

Qualifications of a voter, 13, 17, 34, 44, 4(5, 47, 48

of governor, 18, 43

of lieutenant-governor, . . . . . . . . 23, 43

of councillors, .......... 41, 43

of senators, 15, 40, 4G

of representatives, 16, 41, 45

of secretary, treasurer, auditor, and attorney-general, . . 43 Qualifications, moral, of officers and magistrates, .... 8

Quartermasters, appointed by commanding officers of regiments, . 22 Quorum, of council, ......... 19, 24, 42

of senate, IG, 46, 48

of house of representatives, 17, 45, 48

K.

Ratable polls, census of, 38

Reading and writing, knowledge of, necessary qualifications for

voting or holding office, 44

Records of the commonwealtli to be kept in the office of the secre- tary, 26

Register of the council, resolutions and advice to be recoixled in, and

signed by members present, 25

Registers of probate, chosen by the people of the several counties, . 21, 44

Heligious denominations, equal protection secured to all, . . . 5, 38 Religious sect or denomination, no subordination of one to anotlier

to be established by law, 5, 38

Religious societies, may elect their own pastors or religious teachers, 5, 38

membership of, defined, 38

INDEX TO THE CONSTITUTION. 63

Pago Religious worship, pulilic, riglit and duty of, and protection therein, 4

support of tlio niinistrj', anil erection and repair of houses of

worsiiip, . . . . . . . . , 4, 5, 38

Remedies by recourse to tlu; law, to l)e free, complete and prompt, . 6

Representatives (see House of Representatives). Resolves (see Bills and Resolves).

Returns of votes, 13, 19, 42, 43

Revision of constitution provitled for in the year 1795, ... 33 Rights, declaration of, 4

s.

Sailors and soldiers, who have served, etc., during time of war, not disquallHed from voting on account of non-payment of poll tax, .......... 48

Salary, a stated and honoral)le salary to l)e estalilished for the gov- ernor, 23

permanent and honorable salaries to be established for the justices of the supreme judicial court, and to be enlarged

if not sufficient, 9,23

School moneys, not to be appropriated for sectarian schools, . . 44 Seal, great, of the commonwealtli to 1)e affixed to all commissions, . 82 Search, seizure and arrest, right of, regulated, ..... 7

Secretary of the commonwealth, to be chosen Ijy the people annually

in November, . . . • 25, 43

to hold office for one year from thiril Wednesday in January

next, thereafter, and until anotlier is chosen and qualilied, 43

manner of election, etc., same as governor, .... 43

in failure of election by voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature from the two persons having the highest number of votes at November election, 43

vacancy occurring during session of the legislature, filled ))y

joint ballot of the legislature from the people at lai'ge, . 43

vacancy occurring when legislature is not in session, to be filled I)y governor, by appointment, with advice and consent of council, 35, 43

not eligible, unless an inhal)itant of the state for five years

next preceding election or appointment, .... 43

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, . . . . . . 43

records of commonwealth to be kept in office of , . . . 2G

may appoint deputies, for whose conduct he shall be account- able, 2C

to attend governor and council, senate and house, in person or

by deputies, as they shall require, 2G

to attest all commissions, 32

to certify to board authorized to divide county into districts, the

number of representatives to which the county is entitled, 45

64 INDEX TO THE CONSTITUTION.

Page Sectarian schools, not to be maintained at public expense, . . 44 Selectmen, to preside at town meetings, elections, etc., ... 13

Self-government, right of, assei'ted, 5

Senate, the first branch of the legislature, 10, 13

to consist of forty members, apportionment, etc., . . 12, 39, 46

to be chosen annualty, 13

governor and at least five councillors, to examine and count

votes, and issue summonses to members, .... 14

to I)e final judges of elections, returns and qualifications of

their own members, ........ 14

A-acancy to be filled b}' election, by people of the district, upon

order of majority of senators elected, .... 15,46

qualifications of a senator, 15, 41

not to adjourn more than two days at a time, .... 15 to choose its officers and establish rules, ..... 15

shall trj^ all impeachments, 15, 17

quorum of, . . . . , . . . . .16, 46, 48 may punish for certain oftences ; trial may be Ij}' committee, . 18 may require the attendance of the secretary of the common- wealth in person or by deputy, 26

may require the opinions of the justices of the supreme judicial court upon important questions of la-w, and upon solemn occasions, ........ 26

to enter objections, made by governor to passage of a bill or

resolve, at large on records, 10

districts, forty in number, to be of adjacent territory, and to

contain, as near as may be, an equal number of voters, • 46 apportionment based upon legal voters, ..... 46 Sherifls, elected l)y the people of the several counties, . . .21, 44 Silver, value of money mentioned in the constitution to be computed

in silver at six shillings and eightpence per ounce, . . 32 Soldier, not to be quartered in any house, in time of peace, without

consent of OAvner, 9

Soldiers and sailors, Avho have serA'ed in time of Avar, etc., not dis- qualified from voting on account of non-payment of poll

tax, ..... 48

Solicitor-general, 21

Standing armies, dangerous to liberty and not to be maintained Avith-

out consent of the legislature, ...... 8

State or body politic, entitled, — The CommouAvealth of Massachusetts, 10 Supreme judicial court, judges to have honorable salaries fixed by

standing hxAvs, and to hold oftice during good behavior, . 9, 23 to give opinions ui)on important questions of law, etc., Avheu required by either branch of the legislature or by the gov- ernor and council, 26

not to hold certain other ofiices, 31, 36

Sureties of bail, excessive, not to be reciuii'ed 9

INDEX TO THE CONSTITUTION. 65

T.

Page

Taxation should ])e founded on consent, 6, 8

Taxes, not to he levied without the consent of tlie people or their

representatives, ......... -8

may he imposed by tlie lei^islature, ...... 12

valuation of estates, to he taken anew once at least every ten

years, 12

Tenure that all commission officers shall by law liave in their offices,

shall be expressed in their commissions, .... 26

Tests abolished, 36

Title of body politic : The Commonwealth of Massachusetts, . . 10

Title of governor to be, — His Excellency, 18

Title of lieutenant-iiovernor to be, — His Honor, .... 23 Town clerk, to make record and return of elections, . . . . 13 Town meetings, selectmen to preside at, ...... 13

Town representation in the legislature, I G, 39, 40

Towns, voting precincts in, ......... 47

Travelling expenses of members, to general assembly and returning liome, once in every session, to he paid by the govern- ment, 16

Treason and felony, no subject to l^e declared guilty of, by the

legislature, 9

Treasurer and receiver-general, to be chosen by the people annually

in November, 25, 2G, 43

to hold office for one year from thirtl Wednesday in January

next thereafter and until another is chosen and (lualitied, . 43 mamier of election, etc., same as governor, .... 43

not eligible, unless an inhabitant of the state for tive j'ears

next preceding election or appointment, .... 43

no man eligible more than live years successively, . . . 25, 26 in failure of election by voters, or in case of decease of person elected, vacancy to be tilled by joint ballot of legislature from the two persons having the highest number of votes at November election, ....... 43

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 43 vacancy occurring when legislature is not in session, to be filled by governor, by appointment, Avith advice and con- sent of the council, 35, 43

office to be deemed A'acant if person elected or appointed fails

to be qualified within ten days, ...... 43

Treasury, no moneys to be issued from, l)ut upon the warrant of

governor, except, etc., 22

Trial by jury, right to, secured, 7

guaranteed in criminal cases, except in army and navj', . . 7

66 INDEX TO THE CONSTITUTION.

U.

Page Universitj^ at Cambridge, 27, 28, 47

Y.

Vacancy in office of governor, powers to be exercised bj' lieutenant- governor, .......... 24

Vacancy' in oflices of governor and lieutenant-governor, powers to

1)6 exercised by the council, ....... 25

Vacancy in the council, to be filled bj'^ the election of ai'esident of the district b}' concurrent vote of the senate and liouse ; if legislature is not in session, to be filled bj' governor with advice of the council, ....... 42, 47

Vacancy iu tlie senate to be filled bj' election bj' the people upon the

order of a majority of senators elected, . . . .15,46

Vacancy in office of secretary, treasurer, auditor and attorney-gen- eral, caused by decease o? person elected, or failure to elect, filled bj^ joint ballot of legislature from the two persons having highest number of votes at November

election, 43

occurring during session of legislature, filled l)y joint l^allot

of legislature from people at large, ..... 43 occurring when legislature is not iu session, ta l)e filled by

governor, by appointment, with advice of council, . . 35, 43 Vacancy in militia office, filled b}^ governor and council, if electors

neglect or refuse to make election, 21,22

Valuation of estates, to be tal^cn anew once in every ten years- at

least, 12

Veto power of the governor, ........ 10

Voters, qualifications of, at elections for governor, lieutenant-gover- nor, senators and representatives, . 13, 17, 34, 44, 4G, 47, 48 uot disqualified on account of non-payment of poll tax if they

have served in the army or navy in time of war, etc., . 48 male citizens, twenty-one years of age, who ha^-e resided iu the state one year, and within tlie town or district six montlis, who liave paid a state or count}' tax witliin two years next preceding tlie election of state ofticers, and such as are exempted bj^ law from taxation, but in other respects qualified, and who can write their names and read the constitution in the English langiiage, . . 17, 34, 44 the basis upon which tlie apportionment of representatives

to the several counties is made, ..... 44

basis of apportionment of senators, . . ... 46

census of voters to be taken in 18(;5, and every tenth year after, 44, 46

Votes, returns of, . . 13, 19, 42, 43

plurality of, to elect civil oflicers, ...... 41

Voting precincts in towns, 47

INDEX TO THE CONSTITUTION. 67

W.

Page AVorship, public, the ri.iiht and duty of all men, .... 4

AVrit of liabeas corpus, to be cujoj^ed in the most free, easy, cheap and expeditious manner, and not to be suspended by legislature, except for a limited time, ... o 32

"Writs, to be issued in the name of the commonwealth under the seal of tlie court, bear test of the first justice, and be signed

by the clerk, 32

Writing and reading, necessary qualifications for voting, or holding

office, 44

Y.

Year, political, begins on the first Wednesday of January, . . 37

ACTS A'ND RESOLVES

MASSACHUSETTS.

1892.

^^ The General Court of 1892 assembled on Wednesday, the sixth day of January. The oaths of office were taken and subscribed by His Excellency William E. Eussell, and His Honor William H. Haile, on Thursday, the seventh day of January, in the presence of the two Houses assembled in convention.

iCTS.

X

An Act making appropriations for the compensation and nhnn 1

MILEAGE OF TtlE MEMBERS OF THE LEGISLATURE, FOR THE COM- PENSATION OF OFFICERS THEREOF, AND FOB EXPENSES IN CON- NECTION THEREWITH.

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 sums hereinafter mentioned are appro- Appropiiauone. priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for tlie purposes specitied, to wit : —

For the compensation of senators, thirty thousand seven senators, com- hundred and tifty doiUirs. . pensauon.

For the mileage of senators, a sum not exceeding four MUeage. hundred and fifty dollars.

For the com))ensation of representatives, one hundred Reprcspnta- and eighty thousand seven hundred and ntty dollars. tjon.

For the mileage of representatives, a sum not exceeding MUeage. twenty-five hundred dollars.

For the compensation of the chaplains of the senate and chapiaius. house of representatives, three hundred dollai's each.

For the salaries of the doorkeepers of the senate and Doorkeepers. house of representatives, fourteen hundred dollars each.

For the compensation of the assistant doorkeepers. Postmaster, postmaster, messengers and pages to the senate and house pag^es,"ltc?' of representatives, a sum not exceeding twenty-four thou- sand one hundred dollars.

For contingent expenses of the senate and house of p''"!'"^'^"' ^*- representatives, and necessary expenses in and about the state house, a sum not exceeding seven thousand dollars.

For the payment of postage and expressage on docu- Postage, etc., on ments sent to members of the general court, to include to member/.*' expenses incurred in packing the same, a sum not exceed- in<r fifteen hundred dollars.

Acts, 1892. — Chap. 2.

Witnesses he- fore committees,

Expenses of committees.

For expenses of summoning witnesses before committees, and for fees for such witnesses, a sum not exceeding two hundred dollars.

For authorized expenses of committees of the present legislature, to include clerical assistance to committees authorized to employ the same, a sum not exceeding fifteen thousand dollars.

Section 2. This act shall take eifect upon its passage.

Approved February 2, 1S92.

QllCLl). 2 An Act making appropriations for the maintenance of the

JUDICIAL department OF THE GOVERNMENT DURING THE PRESENT TEAR.

5e it enacted, etc. , as folloics : Appropriations. Section 1. The sums hereinafter mentioned are appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specitied, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-two, to wit : —

Supreme judi- cial court, chief justice.

Associate jus- tices.

Clerk.

Clerical assist- auce.

Expenses.

Reporter of de- cisions.

Officers and messenger.

Clerk for Suf- folk.

SUPREME JUDICIAL COURT.

For travelling expenses of the chief justice of the supreme judicial court, five hundred dollars.

For travelling expenses of the associate justices of the su]>reme judicial court, three thousand dollars.

For the salary of the clerk of the supreme judicial court, three thousand dollars.

For clerical assistance to the justices of the supreme judicial court, a sum not exceeding twenty-five hundred dolhn-s.

For expenses of the supreme judicial court, a sum not exceeding two thousand dollars.

For the sahiry of the reporter of decisions of the supreme judicial court, four thousand dollars ; and for clerk hire jind incidental expenses of the reporter, one thousand dollars.

For the salaries of the officers and messenger of the supreme judicial court, twenty-four hundred dollars.

For the salary of the clerk of the supreme judicial court for the county of Suffolk, fifteen hundred dolhu's.

Acts, 1892. — Chap. 2.

SUPERIOR COURT.

For the salaiy and travelling expenses of the chief fj^'/^f'^^J^f "J^"^'' justice of the superior court, six thousand doUars.

For the salaries and travelling expenses of the thirteen Associate jus- associate justices of the superior court, seventy-one thou- sand tive hundred dollars.

For the salary of the ex-chief iustice of the superior Exchief justice,

- retired

court, now retired, twenty-seven hundred and tifty dollars.

COURTS OF PROBATE AND INSOLVENCY.

For the salary of the judge of probate and insolvency Judge of pro. for the county of Sutiblk, live thousand dollars. veu'cy^silffo'ik.

For the salary of the judge of probate and insolvency Middlesex. for the county of jMiddlesex, four thousand dollars.

For the salary of the judge of probate and insolvency Worcester. for the county of Worcester, three thousand dollars.

For the salary of the judge of probate and insolvency Essex. for the county of Essex, thirty-five hundred dollars.

For the salary of the judge of probate and insolvency Norfolk. for the county of Norfolk, twenty-live hundred dollars.

For the salary of the judge of probate and insolvency Bristol. for the county of Bristol, twenty-five hundred dollars.

For the salary of the judge of pro1)ate and insolvency Plymouth. for the county of Plymouth, two thousand dollars.

For the salary of the judge of probate and insolvency Berkshire. for the county of Berkshire, sixteen hundred dollars.

For the salary of the judge of probate and insolvency Hampden. for the county of Hampden, twenty-five hundred dollars.

For the salary of the judge of probate and insolvency Hampshire. for the county of Hampshire, fourteen hundred dollars.

For the salary of the judge of probate and insolvency Frankiin. for the county of Franklin, fourteen hundred dollars.

For the salary of the judge of probate and insolvency Bamstabie. for the county of Barnstable, twelve hundred dollars.

For the salary of the judge of probate and insolvency Nautucket. for the county of Nantucket, six hundred dollars.

For the salary of the judge of prol)ate and insolvency Dukes county. for the county of Dukes County, six hundred dollars.

For the salar}^ of the register of probate and insolvency Register,— for the county of Suflblk, three thousand dollars.

For the salary of the register of probate and insolvency Middlesex. for the county of Middlesex, twenty-two hundred doUara.

6

Acts, 1892. — Chap. 2.

Essex.

Korfolk.

Bristol.

Plymouth.

Hampden.

Hampshire.

Berkshire.

Franklin.

Barnstable.

Nantucket.

Dukes County.

Assistant regis- ter, — ijuffolii.

Middlesex.

Worcester.

Esses.

Norfolk.

Clerk,- Suf-

toik.

Clerical assist- ance,— buffolk.

For the salary of the register of probate and insolvency for the county of Worcester, two thousand dollars.

For the salary of the register of probate and insolvency for the county of Essex, two thousand dollars.

For the salary of the register of probate and insolvency for the county of Norfolk, fifteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Bristol, eighteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Plymouth, fifteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Hampden, eighteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Hampshire, fourteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Berkshire, sixteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Franklin, fourteen hundred dollars.

For the salary of the register of probate and insolvency for the county of Barnstable, one thousand dollars.

For the salary of the register of 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 insolvenc}' for the county of Suflblk, twenty-eight hundred dollars.

For the salary of the assistant register of probate and insolvency lor the county of Middlesex, two thousand dollars.

For the salary of the assistant register of probate and insolvency for the county of Worcester, eighteen hundred dollars.

For the salary of the assistant register of probate and insolvency for the county of Essex, eighteen hundred dollars.

For the salary of the assistant register of probate and insolvency for the county of Norfolk, eleven hundred dollars.

For the salary of the clerk to the register of probate and insolvency for the county of Suffolk, twelve hundred dollars.

For extra clerical assistance to the register of probate and insolvency for the county of Suftblk, fifteen hundred dul.ars.

Acts, 1892. — Chap. 2. 7

For extra clerical assistance to the register of probate Middlesex. and insolvency for the connty of Middlesex, a sum not exceeding two thousand dollars.

For extra clerical assistance to the register of probate Essex. and insolvency for the county of Essex, a sura not exceed- ing one thousand dollars.

For extra clerical assistance to the register of probate Bristol. and insolvency for the county of Bristol, a sum not exceed- ing four hundred dollars.

For extra clerical assistance to the register of probate Worcester. and insolvency for the county of Worcester, a sum not exceeding thirteen hundred and fifty dollars.

For extra clerical assistance to the register of probate Plymouth. and insolvency for the county of Plymouth, for the pur- pose of arranging and indexing the tiles and records in his ofhce, a sum not exceeding six hundred dollars.

For extra clerical assistance to the register of probate Hampshire. and insolvency for the county of Hampshire, for the pur- pose of arranging and indexing the tiles and records in his office, a sum not exceeding one hundred and fifty dollars.

For extra clerical assistance to the courts of probate Extra clerical

1 • I • ii 1 ^' /• j_i /-^ assistance iu the

and insolvency m the several counties ot the Common- several counties. wealth, excepting Suffolk county, a sum not exceeding sixty-four hundred and sixty-six dollars and sixty-six cents.

For expenses of courts of probate and insolvency, a sum Expenses. not exceeding two thousand dollars.

DISTRICT ATTORNEYS.

For the salary of the district attorney for Suffolk dis- District attor. trict, five thousand dollars. i"^y.—

For the salary of the first assistant district attorney for First assistant. Suffolk district, twenty-eight hundred dollars.

For the salary of the second assistant district attorney Second assist- for Suffolk district, twenty-five hundred dollars. ^"^'

For the salary of the clerk for the district attorney for cierk. Suffolk district, eighteen hundred dollars.

For the salary of the district attorney for the northern District attor- district, twenty-four hundred dollars. disuiTt""'^''^'"^"

For the salary of the district attorney for the eastern Eastern district. district, twenty- four hundred dollars.

For the salary of the district attorney for the south- southeastern eastern district, twenty-one hundred dollars.

8

Acts, 1892. — Chaps. 3, 4.

Southern dis- trict.

Middle district.

Wostern dis- trict.

Northwestern district.

City of Salem luiiy issuebonds.

For the salary of the district attorney for the southern district, eighteen hundred dollars.

For the salary of the district attorney for the middle district, twenty-four hundred dollars.

For the salary of the district attorney for the western district, twenty-one hundred dollars.

For the salary of the district attorney for the north- western district, thirteen hundred and fifty dollars.

Section 2. This act shall take effect upon its passage.

Apxtroved February 9, 1892.

CJlQp. 3 An Act to authorize the city of salem to issue bonds, notes or scrip, for the purpose op paying or refunding its indebtedness.

Be it enacted, etc., as follotvs:

Section 1. The city of Salem, for the purpose of paying or refunding any indebtedness already incurred or authorized by said city, including any of its water debt or of its other debts now outstanding, and including also any notes of said city given by it to the commissioners or trustees of its sinking funds, may from time to time issue bonds, notes or scrip to an amount not exceeding one hundred thousand dollars, payable in periods not exceed- ing thirty years from the date of issue, and bearing interest at rates not exceeding five per centum per annum ; but the provisions of chapter twenty-nine of the public statutes, of chapter one hundred and twenty-nine of the acts of the year eighteen hundred and eighty-four, and of chapter three hundred and twelve of the acts of the year eighteen hundred and eighty-five, shall in all other respects apply to the issue of said bonds, notes or scrip, and to the estab- lishment of a sinking fund or annual proportionate pay- ments for the payment thereof at maturity.

Section 2. This act shall take effect upon its passage. .

Approved February 9, 1892.

An Act making appropriations for printing and binding pub- lic DOCUMENTS, PURCHASE OF PAPER, PUBLISHING LAWS, AND PREPARING TABLES AND INDEXES RELATING TO THE STATUTES.

Be it enacted, etc., as follows :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the purposes specified, to meet expenses for the 3^ear ending on the

Chap. 4z

Appropriations,

Acts, 1892. — Chap. 4. 9

thirty-fii'st duy of December in the year eighteen hundred and ninety-two, to wit : —

For printing and binding the series of public-documents, Piintingand under the direction of the secretary of the Commonwealth, ciocumouuV'^ a sum not exceeding fifty thousand dollars.

For printing the pamphlet edition of the acts and resolves Pamphlet edi- of the present year, for distribution in the Commonwealth, resolved, a sum not exceeding twenty-five hundred dollars.

For printing and binding the blue book edition of the i^Jpei^ook

I O O . editiou of acts

acts and resolves of the present year, with the governor's and resolves. message and other matters in the usual form, a sum not exceeding live thousand dollars.

For the newspaper pul)lication of the general laws, and nJiiuo'ifof'^iaws^ all information intended for the public, a sum not exceed- ^^'=- ing five hundred dollars.

For reports of decisions of the supreme judicial court, Term reports. a sum not exceeding twenty-four hundred dollars.

For reports of decisions of the supreme judicial court Reports dis- to be furnished to each newly incorporated town by the towns!' ^" secretar}' of the Commonwealth, a sum not exceeding five hundred dollars.

For assessors' books and blanks furnished cities and bo^otsTud towns by the secretary of the Commonwealth, a sum not I'l^n'^s- exceeding twelve hundred dollars.

For registration books and blanks, indexing returns and Registration. editing registration report, a sum not exceeding forty-five hundred dollars.

For the purchase of paper for the Commonwealth, used ^^ll\\J°^ ^^^^^ in the execution of the contract for the state printing, under the direction of the secretary of the Commonwealth, a sum not exceeding thirty thousand dollars.

For printing and distributing ballots at the public Printinganddis- expense, cast in elections for national, state, district and lots"^'"^ '^''^" county officers in the cities and towns in the Common- wealth, a sum not exceeding fifteen thousand dollars.

For repairs, improvements in and inspection of ballot Baiiot boxes,

1 . '■ , ^ . f. , I • • T . blanks, laws

boxes in the possession oi the several cities and towns in and instructions the Commonwealth, a sum not exceeding two thousand dollai's , for blank forms for town officers, and for laws and instructions on all matters relating to elections, to be provided by the secretary of the Commonwealth, a sum not exceeding tw^o thousand dollars.

For providing election officers at each polling place in the Blank forms, Commonwealth with blank forms and suitable apparatus Im '

for election cers.

10

Acts, 1892. — Chap. 5.

Early acts and resolves.

Printing and biuding ordered by the legisla- ture.

Tables and in- dexes relating 10 the statutes.

for the count and canvass of the votes cast at each state, city and town election, a sum not exceeding live thousand dolhirs.

For collating, indexing and publishing, in a style simi- lar to that in which the blue books, so-called, are now published, all the acts and resolves of the general court from the adoption of the constitution to the year eighteen hundred and six, a sum not exceeding fifty-five hundred dollars.

For printing and binding ordered by the senate and house of representatives, or by concurrent order of the two branches, a sum not exceeding twenty-four thousand five hundred dollars.

For the preparation of tables and indexes relating to the statutes of the present and previous years, under the direc- tion of the governor, a sum not exceeding five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 9, 1892.

Chap. 5 An Act making appropkiations for sundry agricultural

EXPENSES.

Be it enacted^ etc., as follows:

Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, to meet sundry agricultural expenses for the year ending on the thirty- first day of December in the year eighteen hundred and ninety-two, to wit: —

For bounties to agricultural societies, twenty-one thou- sand five hundred dollars.

For travelling and other necessary expenses of the members of the state board of agriculture, a sum not exceeding nineteen hundred dollars.

For incidental expenses of the state board of agriculture, a sum not exceeding five hundred dollars.

For travelling and other necessary expenses of the secretary of the state board of agriculture, a sum not exceeding five hundred dollars.

For travelling and other necessary expenses of the trustees of the Massachusetts agricultural college, a sum not exceeding five hundred dollars.

For the dissemination of useful information in agricult- ure, by means of lectures at farmers' institutes, a sum not exceeding fourteen hundred dollars.

Appropriations.

Bounties to soci

eties.

State board of agriculture, — expenses of rueuibers.

Incidental ex- penses.

Expenses of sec- retary.

Trustees of agri. cultural college.

Farmers' insti- tutes.

Acts, 1892. — Chap. G. 11

For assistants, experts, chemists, agents, and other state dairy necessary expenses of the state dairy bureau, a sum not exceeding four thousand dollars.

For i)urchasing nails or spii^es to be driren into certain Trees on pubUe trees designated by the authorities of cities and towns, '^''^^''^>''- for the purpose of preserving ornamental and shade trees on public highways, a sum not exceeding one hundred dollars.

For the purpose of exterminating contagious diseases contagious among horses, cattle and other animals, a sum not exceed- auiiuau.' ino; Hve thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 9, 1892.

An Act making appropriations for incidental and contin- nhny) Q

GENT expenses OF THE LEGISLATIVE AND EXECUTIVE DEPART- MENTS OF THE COMMONVTEALTH.

Be it enacted, etc., as folloios:

Section 1. The sums hereinafter mentioned are Appropriations. appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary rev^enue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-two, to wit : —

LEGISLATIVE DEPARTMENT.

For stationery for the senate, purchased by the clerk senate, station- of the senate, a sum not exceeding nine hundred dollars. '^^^'

For stationery for the house of representatives, pur- House of repre- chased by the clerk of the house of representatives, a sum tiXery."*' ""'' not exceedinoj sixteen hundred dollars.

For books, stationery, postage, printing and adver- sergeantat- tising ordered by the sergeant-at-arms, a sum not ex- ^j:^*'-«'''''0"- ceeding six hundred dollars.

For incidental and contingent expenses of the sergeant- incidental ex- at-arms, a sum not exceeding three hundred dollars. p*^"^'-'-*-

EXECUTIVE DEPARTMENT.

For contingent expenses of the executive department, Executive de- the sum of three thousand dollars. pens'es''." '

For postage, printing and stationery for the executive Postage, print- department, a sum not exceeding eight hundred dollars. ^"^' ''^'''

12

Acts, 1892. — Chap. 6.

Governor and council.

Executive coun-

Secretary of the Commouwealtti.

Treasurer and receiver- gen- eral.

Auditor of the Common wealth.

Attorney-gen- eral.

For contingent expenses of the governor and council, a sum not exceeding two thousand dolhirs.

For postage, printing and stationery for the executive council, a sum not exceeding five hundred dollars.

For incidental and contingent expenses in the depart- ment of the secretary of the Commonwealth, a sum not exceeding thirty-five hundred dollars.

For incidental and contingent expenses in the depart- ment of the treasurer and receiver-general, a sum not exceeding thirty-two hundred and fifty dollars.

For incidental and contingent expenses in the depart- ment of the auditor of the Commonwealth, a sum not exceeding one thousand dollars.

For books, stationery, postage, printing and other necessary expenses in the department of the attorney- general, a sum not exceeding twenty-two hundred dollars ; and for expenses of civil actions, a sum not exceeding eiofht hundred dollars.

State house, — repairs, etc.

Fuel and lights.

Commonwealth building.

No. 13 Beacon street, — rent.

Furniture and repairs.

Elevators at slate house.

STATE HOUSE EXPENSES, ETC.

For repairs, improvements and furniture at the state house, a sum not exceeding ten thousand dollars.

For fuel and lights for the state house, a sum not exceedino; six thousand dollars.

For repairs, improvements, furniture and other neces- sary expenses at the Commonwealth building, a sum not exceeding five thousand dollars.

For rent of house numbered thirteen Beacon street, for use of certain commissions of the Commonwealth, a sum not exceeding fifty-seven hundred dollars.

For such repairs as may be necessary, for furniture and repairs to the same, services of janitor and other necessary expenses at house numbered thirteen Beacon street, a sum not exceeding thirty-eight hundred dollars.

For the compensation of the men employed to run the elevators at the state house, and for all other necessary expenses in connection therewith, the same to include all necessary repairs to said elevators, a sum not exceeding three thousand dollars.

Section 2. This act shall take effect upon its passage.

Appi'oved February 9, 1S92.

Acts, 1892. — Chaps. 7, 8. 13

An Act making appropriations for the payment of state QJkijj^ J

AND military AID AND FOR EXPENSES IN CONNECTION THERE- WITH.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are Appropnationa. ai)pr()i)riated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-iirst day of December in the year eighteen hundred and ninety-two, to wit : —

For reimbursement to cities and towns for money paid fafy'atdf ™'''" on account of state and military aid to Massachusetts vol- unteers and their families, a sum not exceeding four hun- dred and ninety-iive thousand dollars, the same to be paid on or before the first day of December in the year eight- een hundred and ninety-two.

For postage, printing and other necessary expenses in Postage, print- carrying out the provisions of the state and military aid °' laws, a sum not exceeding five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 9, 1892,

An Act m-aking appropriations for certain allowances (JJian. 8

AUTHORIZED BY THE LEGISLATURE.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are Appropriations. appropriated, to be paid out of the treasury of the Com- monwealth, to provide for certain yearly allowances authorized by the legislature, to wit : —

For expenses in connection with the removal of wrecks obstructions in and other obstructions from tide waters, a sura not exceeding five thousand dollars.

For maintaining an agricultural experimental station at Agricultural es-

~ ~ I _ penmental sta-

the Massachusetts agricultural college, in the town of tion. Amherst, the sum of ten thousand dollars.

VoY the Massachusetts agricultural college, for the pur- Agricultural pose of providing eighty free scholarships, the sum of ten thousand dollars.

For the Massachusetts airricultural colleo;e, the sum of Aid to students,

~ ~ . . etc.

ten thousand dollars, to be expended under the direction of the trustees, for the following purposes, to wit : five thou- sand dollars for the establishment of a labor fund to

14

Acts, 1892. — Chap. 9.

School for the feeble-miDcled.

School for the blind.

School superin- tendents insmall towns.

Inspection of food and drugs.

Extraordinary expenses.

Premiums on securities.

State farm at Bridgewater.

assist needy students of said college, and five thousand dollars to provide the theoretical and practical education required by its charter and the law of the United States relating thereto.

For the jMassachusetts school for the feeble-minded, the sum of twenty-five thousand dollars.

For the Perkins institution and Massachusetts school for the blind, the sum of thirty thousand dollars.

To enable small towns to provide themselves with school superintendents, a sum not exceeding thirty-five thousand dollars.

For salaries and expenses in connection with the inspec- tion of milk, food and drugs, a sum not exceeding eleven thousand five hundred dollars.

For the payment of extraordinary expenses, to be expended under the direction of the governor and council, a sum not exceeding twenty thousand dollars.

For the payment of premiums on securities purchased for the iNIassachusetts school fund, a sum not exceeding fifty thousand dollars.

For the erection of a new building, and for the con- struction of one hundred additional cells to the workhouse department, at the state farm at Bridgewater, a sum not exceeding twenty thousand dollars, the same to be in addition to the twenty thousand dollars appropriated by chapter three hundred and forty-seven of the acts of the year eighteen hundred and ninety-one.

Section 2. This act shall take effect upon its passage.

Approved February 9, 1892.

ChOlJ. 9 ^^ ^^^ MAKING APPROPRIATIONS FOR THE PRISON AND HOSPITAL LOAN SINKING FUND, THE STATE HOUSE LOAN SINKING FUND, 1901, AND THE STATE HOUSE CONSTRUCnON LOAN SINKING FUND.

Be it enacted., etc., as follows:

Section 1. The sums hereinafter mentioned are ap- propriated, to l)e paid out of the treasury of the Common- wealth from the ordinary revenue, for the purposes herein specified, to wit : —

For the prison and hospital loan sinking fund, as pro- vided for in chapter two hundred and fifty-five of the acts of the year eighteen hundred and eighty-four, the sum of sixty thousand doUars.

For the state house loan sinking fund, due in the year nineteen hundred and one, as provided for in chapter two

Appropriations.

Prison and hos- pital loan sink- ing fund.

State house loan sinking fund.

Acts, 1892. — Chaps. 10, 11. 15

hundred and twcnty-tbur of the nets of the year eighteen hundred and ninety-one, the sum of forty-five thousand dolhirs.

For the state house construction k:>an sinking fund, as state house con- provided for in section eight of chapter three hundred and smkingfuud. ninety-four of the acts of the year eighteen hundred and eighty-nine, heing the estimate of the treasurer and receiver-general, the sum of ninety-two thousand thirty- eight doHars and sixty-five cents.

Section 2. This act shall take efiect upon its passage.

Approved February 9, 1892.

An Act making appropriations for salaries and expenses (JTinr) in

OF THE district POLICE.

Be it enacted, etc., asfollotvs:

Section 1. The sums hereinafter mentioned are appro- AppropriaUona. priated, to be paid out of the treasury of the Common- wealth from the ordinary revenue, for the payment of salaries and expenses of the district police during the year ending on the thirty-first day of December in the year eighteen hundred and ninety-two, to wit : —

For the salary of the chief of the district police, a sum District police, not exceeding two thousand dollars. '''''''^ ""^ *"""*•

For the salary of the first clerk in the office of the chief First cierk. of the district police, the sum of fifteen hundred dollars.

For the salary of the second clerk in the office of the Second cierk. chief of the district police, the sum of eight hundred dollars.

For the compensation of the thirty-six members of the Members of district police, a sum not exceeding fifty-three thousand dollars.

For travelling expenses actually paid by members of the Travelling es- district police, a sum not exceeding twenty thousand ^^'^*'^®" eight hundred dollars.

For incidental, contingent and office expenses of the contingent and

1./. 1 I pji T , ' J 1. , office expenses.

chiet and members ot the district police, a sum not exceeding two thousand dollars.

Section 2. This act shall take effect upon its passage.

Apj)roved February 9, 1892.

An Act making appropriations for the maintenance of the QJidjf^ ^1

GOVERNMENT FOR THE PRESENT YEAR.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations. propriated, to be paid out of the treasury of the Common-

16

Acts, 1892. — Chap. 11.

wealth from the ordinary revenue, except as herein provided, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-two, to wit : —

Clerks of senate and house of representatives.

Assistant clerks.

Additional cleri- cal assistance.

Sergeant-at- arms.

Clerk;

Engineer.

Watchmen.

Messengers.

Firemen.

Assistant fire- man.

LEGISLATIVE DEPARTMENT.

For the salaries of the clerks of the senate and house of representatives, three thousand dollars each.

For the salaries of the assistant clerks of the senate and house of representatives, fifteen hundred dollars each.

For such additional clerical assistance for the clerks of the senate and house of representatives as may be neces- sary for the despatch of public business, a sum not exceeding^ three thousand dollars.

For the salary of the sergeant-at-arms, three thousand dollars

For the salary of the clerk of the sergeant-at-arms, eighteen hundred dollars.

For the salary of the engineer at the state house, fifteen hundred dollars.

For the salaries of the watchmen at the state house, one thousand dollars each.

For the salaries of the three messengers to the sergeant- at-arms, known as sergeant-at-arms' messengers, eleven hundred dollars each.

For the salaries of the fireman at the state house, and fireman and janitor at the Commonwealth building, nine hundred dollars each.

For the salary of the assistant fireman at the state house, two dollars and one half per day for each day employed.

Lieutenant- governor and council.

Executive council.

Private secre- tary.

Executive clerk,

Messenger.

EXECUTIVE DEPARTMENT.

For the compensation of the lieutenant-governor, two thousand dollars ; and for the executive council, six thou- sand four hundred dollars.

For the travelling expenses of the executive council, a sum not exceeding five hundred dollars.

For the salary of the private secretary of the governor, twenty-five hundred dollars.

For the salary of the executive clerk of the governor and council, two thousand dollars.

For the salary of the executive messenger, twelve hun- dred dollars.

Acts, 1892. — Chap. 11. 17

SECRETARYS DEPARTMENT.

For the saltiiy of the secretary of the Coinmon\Yealth, secretary. thirty-five hundred doHars.

For the stdary of the first clerk in the secretary's depart- First ciert. ment, twenty-two hundred dolhirs.

For the sahiry of the second clerk in the secretary's second cieik. department, two thousand dollars.

For the salary of the third clerk in the secretary's Third cierk. dej^artment fifteen hundred dollars.

For a messenger, and such additional clerical assistance Extra clerks as the secretary may find necessary, a sum not exceeding ^^'^ messenger. thirteen thousand dollars.

treasurer's department.

For the salary of the treasurer and receiver-general. Treasurer. five thousand dollars.

For the salary of the first clerk in the treasurer's depart- First cierk. ment, twenty-five hundred dollars.

For the Sidary of the second clerk in the treasurer's second cierk. department, two thousand dollars.

For the salary of the cashier in the treasurer's depart- Cashier. ment, two thousand dollars.

For the salary of the third clerk in the treasurer's Third cierk. department, fourteen hundred dollars.

For the salary of the fund clerk in the treasurer's Fund cierk. department, fourteen hundred dollars.

For the salary of the receiving teller in the treasurer's Receiving teller. department, fourteen hundred dollars.

For the salary of the paying teller in the treasurer's Paying teiier. department, fourteen hundred dollars.

For such additional clerical assistance in the treasurer's Extra clerks. department as may be necessary for the despatch of pub- lic business, a sum not exceeding one thousand dollars.

For the salary of the deputy sealer of weights, meas- Deputy seai^er of ures and balances, twelve hundred dollars.

weights and measures.

AUDITORS DEPARTMENT.

For the salary of the auditor of the Commonwealth, Auditor, thirty-five hundred dollars.

For the salary of the first clerk in the auditor's depart- First cierk. ment, twenty-two hundred dollars.

For the salary of the second clerk in the auditor's second cierk. department, two thousand dollars.

18

Acts, 1892. — Chap. 11.

Extra clerks.

For the salaries of the three extra clerks in the auditor's department, fifteen hundred dollars each ; and for such additional clerical assistance as the auditor may find neces- sary, a sum not exceeding five hundred dollars.

Attorney-gon- eral.

First assistant.

Second assist- ant.

ATTORNEY-GENERALS DEPARTMENT.

For the salary of the attorney-general, five thousand dollars.

For the salary of the first assistant attorney-general, twenty-five hundred dollars.

For the salary of the second assistant attorney-general, fifteen hundred dollars.

Tax commis- sioner and com- missioner of corporations. First clerk.

Second clerk.

Extra clerks.

Commissioners of savings banke — chairman.

Associate com- missioners.

First clerk.

Second clerk.

Insurance com- missioner.

Deputy insur- ance commis- Bioner.

First clerk.

Second clerk.

Third clerk.

Extra clerks and assistants.

COMMISSIONERS AND OTHERS.

For the salary of the tax commissioner and commis- sioner of corporations, thirty-five hundred dollars.

For the salary of the first clerk in the department of the tax commissioner, two thousand dollars.

For the salary of the second clerk in the department of the tax commissioner, fifteen hundred dollars.

For such additional clerical assistance as the tax com- missioner and commissioner of corporations may find necessary for the despatch of public business, a sum not exceeding sixteen thousand dollars.

For the salary of the chairman of the commissioners of savings banks, thirty-five hundred dollars.

For the salaries of the two associate commissioners of savings banks, three thousand dollars each.

For the salary of the first clerk of the commissioners of savings banks, fifteen hundred dollars.

For the salary of the second clerk of the commissioners of savings banks^ twelve hundred dollars.

For the salary of the insurance commissioner, thirty- five hundred dollars.

For the salary of the deputy insurance commissioner, twenty-five hundred dollars.

For the salary of the first clerk of the insurance com- missioner, two thousand dollars.

For the salaiy of the second clerk of the insurance com- missioner, fifteen hundred dollars.

For the salary of the third clerk of the insurance com- missioner, twelve hundred dollars.

For such additional clerks and assistants as the insur- ance commissioner may find necessary for the despatch of

Acts, 1892. — Chap. 11. 19

})ul)lio business, a sum not exceeding fourteen thousand one hundred and forty doUars.

For the suhiry of the inspector of s^as meters, two thou- inspector of gae

dill' ^ meters.

dollars.

For the salary of the assistant inspector of gas meters. Assistant in.

twelve hundred doHars. spector.

For the salary of the secretary of the commissioners of commisBioners

J >> or prisons —

prisons, twenty-five hundred dollars. secretary.

For clerical assistance in the office of the commissioners clerical assist- of prisons, a sum not exceeding twenty-five hundred *°'^'^' dollars.

For the salaries of the agents to the commissioners of Agents. prisons, twenty-four hundred dollars.

For the salaiy of the agent for aiding discharged female Agent for aiding prisoners, a sum not exceeding seven hundred and seventy- femateprfson- five dollars.

For the salaries of the railroad commissioners, eleven Railroad co™.

• 1 1 1 11 niissiouers.

thousand dollars.

For the salary of the clerk of the railroad commissioners,