.^

MASS

ACTS

RESOLVES

PASSED BY THE

General ^m\i of piassarlmsetts,

IN THE TEAR

1903,

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,

18 Post Office Square.

1903.

A CONSTITUTION

FORM OF GOYERlSrMEXT

Commonto^altlj cf P^assacl^us^tts.

PREAMBLE.

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

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

We, therefore, the people of Massachusetts, acknowl- edging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peace-

CONSTITUTION OF THE

ably, Avithout fraud, violence, or surprise, of entering into 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 Rights^ and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.

Equality and natural rights of all men.

Right and duty of public relig- ious worship. Protection therein. 2 0ush. 104 12 Allen, 129.

Amendments, Art. XI substi tuted for this.

Legislature empowered to coRipel provi- sion for public ■worship;

PART THE FIRST.

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

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

II. It is the right as well as the duty of all men in societ}^ publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, libert}^ or estate, for worship- ping God in the manner and season most agi'eeable to the dictates of liis own conscience ; or for his religious pro- fession of sentiments ; provided he doth not distm'b the public peace, or obstruct others in their religious worship.

III. [As the happiness of a people, and the good order and preservation of civil government, essentially depend upon pietv, 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 instructions in piety, religion, and morality : Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and recjuire, 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

COMMONWEALTH OF MASSACHUSETTS. 5

the support and maintenance of public Protestant teachers of piety, rehgion, and morality, in all cases where such provision shall not be made voluntarily.

And the people of this commonwealth have also a right attTndance^""* to, and do, invest their legislature with authority to enjoin thereon. upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and sea- sons, if there be an}^ 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- fouVteacherV^' ties, shall, at all times, have the exclusive right of electing secured. their public teachers, and of contracting with them for their support and maintenance.

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

And every denomination of Cliristians, demeaning them- Aiidenomina- selves peaceably, and as good subjects of the commonwealth, protect^ed! ^ shall be equally under the protection of the law : and no suwlnatioa subordination of any one sect or denomination to another anotiferp'rV-° shall ever be established by law.] hibited.

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

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

V. All power residing originally in the people, and ^f'^au^o'iEc^ir"^ being derived from them, the several magistrates and etc officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes

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

VI. No man, nor corporation, or association of men, services ren- have any other title to obtain advantages, or particular public bemg and exclusive privileges, distinct from those of the com- p^ecui'iir privi*° munity, than what arises from the consideration of ser- leges, iieredi-

T 1 1 , . -, 1 . . t^n'y omces are

Vices rendered to the public ; and this title being in absurd and nature neither hereditary, nor transmissible to children,

CONSTITUTION OF THE

Objects of gov- ernmeut; right of people to institute aud change it.

Right of people to secure rota- tion in office .

All, having the qualiftcalious prescribed, equally eligible to olHce. Kor the definition of " inhabitant," Bee Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative. Taxation founded on consent. 16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 12 Pick. 184,467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, lf)4. 1 Allen, 150. 4 Allen, 474.

Private prop- erty not to be taken for public ■uses without, etc.

6 Cush. 327. 14 Gray, l.'io. 16 Gray, 417, 431.

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

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

VIII. In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life ; and to fill up vacant places by certain and regular elections and 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- sequentl}^ to contribute his share to the expense of this protection ; to give his personal service, or an equivalent, when necessary : but no part of the property of any indi- vidual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the repre- sentative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative bod}^ have given their consent. And whenever the pub- lic exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.

1 Allen, 150.

11 Allen, 530.

12 Allen, 223, 230. 100 Mass. 544, 560.

103 Maes. 120, 624. 106 Mass. 35R, 362. 108 Mass. 202, 213. Ill Mass. 130.

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

127 Mass. 50, 52,

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

Jlc^ui^irt'o'tbe -^I- Every subject of the commonwealth ought to find law, to be free, a ccrtaiu remedy, by havino- recourse to the laws, for all

complete and ... i • i i • • i •

prompt. injuries or wrongs which he may receive in his person,

property, or character. He ought to obtain right and

COMMONWEALTH OF MASSACHUSETTS. 7

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

XH. No subject shall be held to answer for any crimes Prosecutions ^ or offence, until the same is fully and plainly, substantially s Pick. 211. and formally, described to him ; or be compelled to accuse, is pick. 434. or fm-nish evidence against himself. And every subject f'^lthid^' shall have a right to produce all proofs that may be favor- i^or^y^i^^^- able to him ; to meet the witnesses against him face to face, & gray', leo, and to be fully heard in his defence by himself, or his 10 Gray, ii." counsel, at his election. And no subject shall be arrested, 2 Aii'enVsei.' imprisoned, despoiled, or deprived of his property, immu- ^u(\2u,'i3^ nities, or privileges, put out of the protection of the law, i-pj^ugi, j^o exiled, or deprived of his life, liberty, or estate, but by the sTMass.'sTo, judgment of his peers, or the law of the land. looMass. 287,

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOSMass. 418.

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559.

And the legislature shall not make any law that shall Rigw to trial

o . . . , "Y Jury in

subiect any person to a capital or infamous punishment, criminal cases,

GXCGDt etc

exceptino; for the o;overnment of the army and navy, with- s Gray, 329, 373.

, 5- 1 u • 103 Mass. 418.

out trial by jury.

XHI. In criminal prosecutions, the verification of facts. Crimes to be in the vicinity where they happen, is one of the great- ^dnity!°* ^ est securities of the life, liberty, and property of the loiM^ass^^ei, 62. citizen .

XrV. Every subject has a right to be secure from all ^nf^eLVr?'^'''' unreasonable searches, and seizures, of his person, his regulated. houses, his papers, and all his possessions. All warrants, Amen'd'tiv. '' therefore, are contrary to this right, if the cause or founda- scush. 369. tion of them be not previously supported by oath or affir- L^Gray,^454. mation, and if the order in the warrant to a civil officer, to loo'^as"'. we make search in suspected places, or to arrest one or more {^g-^^^g 209 suspected persons, or to seize their property, be not accom- 273. panied with a special designation of the persons or objects of search, arrest, or seizure : and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.

XV. In all controversies concerning property, and in Right to trial all suits between two or more persons, except in cases in escept^Tc"^ ' which it has heretofore been otherways used and practised, Amend°t vil'' the parties have a right to a trial by jury ; and this method 2 Pjck. 382. of procedure shall be held sacred, unless, in causes arising ^^^ay, 144.

ii'i 1 1 • ^ Gray, 373.

on the high seas, and such as relate to mariners wages, iiAiien, 574, the legislature shall hereafter find it necessary to alter it. io2'Ma8s.45,47.

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

CONSTITUTION OF THE

Liberty of the press.

Right to keep and bear arms. Btanding armies dangerous. Military power subordinate to civil. 6 Gray, 121.

Moral qualifica- tions for office.

Moral obliga- tions of law- givers and magistrates.

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

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

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

Frequent ses- Bions, and ob- jects thereof.

Taxation founded on consent. 8 Allen, 247.

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

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

XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, indus- try, and frugality, are absplutely 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 requu'e of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the common- wealth.

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

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

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before j^x post facto the existence of such laws, and which have not been de- il^uen, 421'f ' clared crimes bj preceding laws, are unjust, oppressive, ^^•'*2^'**^- and inconsistent with the fundamental principles of a free government.

XXV. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felony by the legis- treasor.^etc. lature.

XXVI. No magistrate or court of law shall demand or^fine''i7ar.d'" excessive bail or sureties, impose excessive fines, or inflict cruei punish-

-. . ■, ments, pro-

cruel or unusual punishments. 5 Gray, 482. Mbited.

XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner ; and house^uniess^^ in time of war, such quarters ought not to be made but ®*°'

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

XXVin. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tiTi%niIsT,*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- court! ■'"^'"'*' ter, that there be an impartial interpretation of the laws, X^^t^y^Vii, and administration of justice. It is the right of every ^|^|}^°'>^^i. citizen to be tried by judges as free, impartial, and inde- los Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Tenureof 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 oiEces 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 conmionwealth, the separation of legislative department shall never exercise the executive ciarandlegls.^' and judicial powers, or either of them : the executive shall menTaf^^"'^' never exercise the legislative and judicial powers, or either 2 Aiie^n sei' of them: the iudicial shall never exercise the leo-islative s Alien', 247, 253,

. . , PI 1 n . 100 Mass. 282,

and executive powers, or either of them : to the end it 2S6.

1 j_ jy-> -^ !_ f ll^l Mass. 247,

may be a government of laws and not of men. 249.

116 Mass. 317. 129 Mass. 559.

10

CONSTITUTION OF THE

Title of body politic.

PART THE SECOND.

The Frame of Government.

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

CHAPTER I.

Legislative department.

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

Governor's

veto.

99 Mass. 636.

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

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 Represent- atives ; 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 orp the day next preceding the said last Wednesday in May ;] and shall be styled, The General Court of Massachusetts .

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

COMMONWEALTH OF MASSACHUSETTS. 11

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

J 1 -i" u-ll !■ or exception

And m order to prevent unnecessary delays, it any bill in case of ad- or resolve shall not be returned by the governor within the'gener'ai° five days after it shall have been presented, the same shall the fivldaj^s, have the force of a law. 3 Mass. 567. meift^Art.i.

HI. The general court shall forever have full power General court and authority to erect and constitute judicatories and judicatories" ^ courts of record, or other courts, to be held in the name orf^etc.* '^^'^" of the commonwealth, for the hearing, trying, and deter- i2*G?ay,^i47, mining of all manner of crimes, oflences, pleas, processes, is*- plaints, actions, matters, causes, and things, whatsoever, arising or happening Avithin the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same : whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed ; and for the awarding and making out of execution thereupon. To which courts and judicatories are hereby given and ^""'"^dm^-'gter granted full power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

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

1 , 1 , 1 • 1 1 J j» j^' / may euact laws,

given and granted to the said general court, irom time to etc. time to make, ordain, and establish, all manner of whole- 4 Aii'ln', 473'. some and reasonable orders, laws, statutes, and ordinances, 237^"^^^°' "^' directions and instructions, either with penalties or with- 100 Mass. 544. out ; so as the same be not repugnant or contrary to this iie Mass. 467, constitution, as they shall judge to be for the good and may enact welfare of this commonwealth, and for the government repi^gnlnt to * and ordering thereof, and of the subjects of the same, and g^tiieT^os!'""' for the necessary support and defence of the government thereof; and to name and settle annually, or provide by may provide

c> 11 r. .1 • 1 jji. ii'-i re for tbe election

faxed laws lor the naming and settling, all civil omcers or appointment within the said commonwealth, the election and consti- ii5°Ma8s!602. tution of whom are not hereafter in this form of govern- ment otherwise provided for; and to set forth the several thSr^duUeT."^* 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

CONSTITUTION OF THE

General court may impose taxes, etc. 12 Mass. 252.

5 Allen, 428.

6 Allen, 558.

8 Allen, 247,253.

10 Allen, 235.

11 Allen, 268.

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

98 Mass. 19.

100 Mass. 285.

101 Mass. 575, 585

103'Mas8. 267. 114 Mass. 388, 391

lie'Mase. 461. 118 Mass. 386, 389.

123 Mass. 493, 495

127'MaBe. 413. may impose taxes, etc., to be disposed of for defeuce, 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 inhabitants of, and persons resident, and estates lying, within the said commonwealth ; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities, whatsoever, ))rought into, produced, manufactured, or being within the same ; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and sup- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same.

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

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

C-HAPTER I

Senate, number 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.

Section II.

Senate.

Article I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, (lualified 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 i)urpose : and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts ; and timely make known to the inhabitants of the common- wealth the limits of each district, and the number of coun- cillors and senators to be chosen therein ; provided, that the number of such districts shall never be less than thir-

COMMONWEALTH OF MASSACHUSETTS. 13

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

And the several counties in this commonwealth shall, ^ "strictT imui until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes Count}' and Nantucket shall form one district for that pur- pose) and shall elect the following number for councillors and senators, viz. : — Sufiblk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; Berkshu'e, two.]

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

. t> time of choosing

ure ; and the senators shall be chosen in the following man- senators and

councillors Sgg

ner, viz. : there shall be a meeting on the [first Monday in amendments, April,] annually, forever, of the inhabitants of each town xv!' as*"^ in the several counties of this commonwealth ; to be called amendmemt, by the selectmen, and warned in due course of law, at p^^;,^-^^,^ ^^ ^^ least seven days before the T first Monday in April,] for qualifications of

•;, L -^ 1 voters, euper-

the purpose ot electino; i^ersons to be senators and coun- sededbyamend-

ments Arts

cillors ; [and at such meetings every male inhabitant of in., xx., twenty-one years of age and upwards, having a freehold xxx"x'xxi. estate within the commonwealth, of the annual income of word^ShaM- three pounds, or any estate of the value of sixty pounds, tant" defined

^ ' . -^ J 1 ^ See also amend-

shall have a right to give in his vote for the senators for ments, Art.

O o XXIII which

the district of which he is an inhabitant.] And to remove was annulled by all doubts concerning the meaning of the word ' ' inhabi- 12 dray, 21.' tant" in this constitution, every person shall be considered 122 Mass. o9o, as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation where he dwelleth, or hath his home.

The selectmen of the several towns shall preside at selectmen to

, . . Till .1 (• preside at town

such meetings impartially ; and shall receive the votes of meetings. all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in 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 ^^ to cities, see

, 1 11 11 11 11 11 amendments,

the selectmen and the town clerk, and shall be sealed up, Art. n. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport

14

CONSTITUTION OF THE

Time changed to flret Wednes- day of January, fcfee amend- ments, Art. X.

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

Plantation meetings. Time of elec- tion changed by amendments, Art. XV. Assessors to notify, etc.

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

Senate to be final judge of elections, etc.,

of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thu'ty days at least before [the last Wednes- day in May] annually ; or it shall be delivered into the secretary's office seventeen days at least before the said [last Wednesday in May :] and the sheriff of each county shall deliver all such certificates by hiin received, into the secretary's office, seventeen days before the said [last Wednesday in May.]

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

III. And that there may be a due convention of sena- tors on the [last Wednesday in May] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be 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 tlie said of its own mem- last Wednesday in May] annually, determine and declare ?'fl®'^^?-"§®'* who are elected by each district to be senators [by a day of January majority of votes ; and in case there shall not appear to mentefArt. x. be the full number of senators returned elected by a ^^nged to majority of votes for an}' district, the deficiency shall be ^J^endSents supplied in the followino; manner, viz. : The members of Art.xiv. the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for ; and out of these shall elect by ballot a number of Jj^^^""®®- ^°"^ senators sufficient to fill up the vacancies in such district ; changed to and in this manner all such vacancies shall be filled up in pe^opie^ ^ every district of the commonwealth ; and in like manner ment8?Art. all vacancies in the senate, arising by death, removal out ^^^^^^• of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Propmty quaii- in his own right of a freehold, within this commonwealth, {fhed!° '*'^°^' of the value of three hundred pounds at least, or possessed ^^e^ntrArt of personal estate to the value of six hundred ijounds at ^^^\- ,

1 /"ii 1 <^i 1-11 J or further pro-

least, or of both to the amount of the same sum, and] who viMonasto

Jias not been an inhabitant of this commonwealth for the aisoamen'd-

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 provided such adjournments do not exceed two days at a thlnYwo'daj^s. time.

Vn. The senate shall choose its own president, ap- staii choose

. . i 1 ,. ^*^ ofhcers and

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

Vin. The senate shall be a court with full authority . ehaiitryaii to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administra- tion in their offices. But previous to the trial of ever}^ impeachment the members of the senate shall respectively be sworn, ti'uly and impartially to try and determine the oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal *®" ^°'^^- from office and disqualification to hold or enjoy any place

16

CONSTITUTION OF THE

Quorum. See ainenclnicnts, Arts. XXII. and XXXIII.

of honor, trust, or profit, under this commonwealth ; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. [Not less than sixteen members of the senate shall constitute a quorimi for doing business.]

Repvesentation of the people.

Representa- tives, by whom chosen.

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

Proviso as to towns having less than 1;")0 ratable polls.

Towns liable to fine in case, etc.

Expenses of travelling to ami from the guiiernl court, how puki. Annulled by Art. XXXV.

Qualifications of a repre- Bentative.

CHAPTER I. Section IH.

House of Rejyresentatwes.

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

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

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

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, aarree- ably 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 Avho shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.]

III. Every member of the house of representatives shall be chosen hy written votes ; [and, for one year at

COMMONWEALTH OF MASSACHUSETTS. 17

least next preceding: his election, shall have been an inhab- NewproviBion

„ ^t , r • 1 • ^ ■ ' ^ J. J? r as to residence.

itant of, and have been seised m his own right oi a tree- seeamend- hold of the value of one hundred pounds within the town xxT' ''^' he shall be chosen to represent, or any ratable estate to ficauons aT'ol"' the value of two hundred pounds ; and he shall cease to '^^f^^/^^_^''^^ represent the said town immediately on his ceasing to be xiii. ' qualified as aforesaid.]

IV. [Every male person, being twenty-one 3'^ears of ^f"f^^J|*'°°^ asre, and resident in anv particular town in this common- These pro-

~ 1 , r. 1 1'" 1 T 1 • visions super-

wealth for the space 01 one year next preceding, having a seded by freehold estate within the said town of the annual income A^tT m'!°xx., of three pounds, or any estate of the value of sixty pounds, xxx"xxxi. shall have a right to vote in the choice of a representative gg^ ^■^'^^;„^j. or representatives for the said town.] xxm^whicii

V. [The members of the house of representatives shall waeannniiedby be chosen annuall}^ in the month of May, ten days at least Rep/egenta! before the last Wednesdav of that month.] tives, when

>' J chosen.

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

Art. XV.

VI. The house of representatives shall be the grand ^°"^^^^°°^ inquest of this commonwealth ; and all impeachments

made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of House to ongi-

•J ~ nate all money

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

VIII. The house of representatives shall have power Not to adjourn to adjourn themselves ; provided such adjournment shall ^a7s^.* ''''*'^° not exceed two days at a time.

IX. [Not less than sixty members of the house of '^^°J^^^J^^ representatives shall constitute a quorum for doing busi- Art|^ xxi. and ness.]

X. The house of representatives shall be the judge of ^g°^jj':Jf/'e°/ ^f the returns, elections, and qualifications of its own mem- itsown'mem- bers, as pointed out in the constitution ; shall choose their its officers and own speaker; appoint their own ofiicers, and settle the rui'L, etc! ^ rules and orders of proceeding in their own house. They May punish shall have authority to punish by imprisonment every offences!*'' person, not a member, who shall be guilty of disrespect i^ Gray, 226. to the house, by any disorderly or contemptuous behavior

in its presence; or who, in the town where the general court is sittins:, and durino- 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.

General limita- tion . 14 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 mesne process, during his going imto, returning from, or his attending the general assembly.

XI. The senate shall have the same powers in the like cases ; and the governor and council shall have the same authority to punish in like cases : provided, that no impris- onment on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described offences, be for a term exceeding thu'ty 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 wa}^ as the}^ may respectively think best.

Governor.

His title.

To be chosen annually. Qualifications. Bee amend- meuts, Arts. VII. and XXXIV.

By whom chosen, if he have a majority of votes.

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

CHAPTER II.

EXECUTIVE POWER.

Section I.

Governor.

Article I. There shall be a supreme executive mag- istrate, who shall be styled — The Governor of the CoMMON^VEALTH OE MASSACHUSETTS ; and wliosc title shall be — His Excellency.

II. The governor shall be chosen annual!}' ; and no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this com- monwealth for seven yeoxs 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 Clu-istian 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 ])resence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form

COMMONWEALTH OF MASSACHUSETTS. 19

a list of the persons voted for, with the number of votes

for each person against his name ; and shall make a fair

record of the same in the town books, and a public decla- As to cities, see

ration thereof in the said meeting; and shall, in the pres- Art. ir.

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

attested by him and the selectmen, and transmit the same

to the sherift' of the county, thirty days at least before the

[last Wednesday in May] ; and the sheriil' shall transmit ^ am wednts.

the same to the secretary's office, seventeen days at least day of January

by mnGnd-

before the said [last Wednesday in May] ; or the select- ments, Art. x. men may cause retui'ns of the same to be made to the office of the secretary of the conmion wealth, 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 amendments, the votes returned, the choice shall be by them declared ^".xiv. and published : but if no person shall have a [majority] of ■whrn'^no^prr'son votes, the house of representatives shall, by ballot, elect ^'^^ "* p^"'''"*^- 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 retiu-n to the senate of the two persons so elected ; on which the senate shall proceed, by ballot, to electone, who shall be declared governor.

IV. The governor shall have authority, from time to Power of gov. time, at his discretion, to assemble and call together the governor and councillors of this commonwealth for the time being ; and *^°"'^*" • the governor with the said councillors, or five of them at

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

V. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen- |enerai"court cral court, to adjourn or prorogue the same to any time and^onvene ' the two houses shall desire ; [and to dissolve the same on as^^ dissoiu- the day next preceding the last Wednesday in May ; and, *jj,°°'tf Art!x^' 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 coiu't is next at any time to convene, or any other cause

20

CONSTITUTION OF THE

As to disBolu- tion,eee amend- ments, Art. X.

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

Governor to be commander-in- chief.

happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient l)lace within the state.

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

VI.

In cases of disagreement between the two houses

Limitation.

with regard to the necessit}^ expediency, or time of ad- journment or prorogation, the governor, Avith 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 being, shall be the commander-in-chief of the arnw and navy, and of all the military forces of the state, by sea and land ; and shall have full power, by hmiself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and con- quer, by all fitting ways, enterprises, and means whatso- ever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enter- prise the destruction, invasion, detriment, or annoyance of this commonwealth ; and to use and exercise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occa- sion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and ever}^ such person or persons, with their ships, arms, ammunition, and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or anno3'ing this com- monwealth ; and that the governor be intrusted Avith all these and other powers, incident to the offices of cap- tain-general and commander-in-chief, and admiral, to be exercised aOTceablv to the rules and regulations of the con- stitution, and the laws of the land, and not otherwise.

Provided, that the said governor shall not, at any time hereafter, b}^ virtue of any power by this constitution

COMMONWEALTH OF MASSACHUSETTS. 21

granted, or hereafter to be gi-anted to him by the legis- latui'e, transport any of the inhabitants of this common- wealth, or oblige thtm to march out of the limits of the same, without theu' free and voluntary consent, or the con- sent of the general court ; except so far as may be neces- sary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise convenient!}^ have access.

VIII. The power of pardoning oflences, except such Governor and as persons may be convicted of before the senate by an pardon o^ffences, impeachment of the house, shall be in the governor, by ^^^'^p*' ®'*'- 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 notwithstanding any general or particular expressions 109 Mass. 323. contained therein, descriptive of the ofience or ofi'ences intended to be pardoned.

IX. All judicial officers, [the attorney-general,] the judicial offi. solicitor-general, [all sherifts,] coroners, [and registers of nom'inated^a°n'd probate,] shall be nominated and appointed by the gov- Fo?°provfsion8 ernor, bv and with the advice and consent of the council : as to election

' - , . 'of attorney-

and every such nomination shall be made by the governor, general, see and made at least seven days prior to such appointment. Art.xvii. '

For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. XIX. For provision as to appointment of notaries public, see amendments. Art. IV.

X. The captains and subalterns of the militia shall be Miiitia officers, elected by the written votes of the train-band and alarm umitati'on of list of their respective companies, [of twenty-one years bf^m'en'd'- """^ of age and upwards ;] the field officers of regiments shall ments, 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 field officers of their respec- tive brigades ; and such officers, so elected, shall be com- Howcommis- missioned by the governor, who shall determine their rank. ^^°"^ '

The legislature shall, by standing laws, direct the time Election of and manner of convening the electors, and of collect- ° *'^'*' ing votes, and of certifying to the governor, the officers elected.

The maior-o;enerals shall be appointed bv the senate and Major-generais,

•» O 11. ^ ,. ,1 howappomted

nouse of representatives, each having a negative upon the andcommis- 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

CONSTITUTIOX OF THE

Officers duly commissioned, how removed. Superseded by amendments, Art. IV.

Adjutants, etc. how appointed.

Army officers, how appointed.

Organization of militia.

Money, how drawn from the treasury, except, etc. 13 Allen, 593.

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

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

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

The commanding officers of regmients shall appoint their adjutants and quartermasters ; the brigadiers their brigade-majors ; and the major-generals theu* 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.

XI. No moneys shall be issued out of the treasiuy 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 pa3aiient of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the com- monwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

XII. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every tlii'ce months, officially, and without requisition, and at other times, when required b}^ 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 }xiblic property whatever under their care rcspectiveh'' ; distinguishing the quantity, number, quality and kind of each, as particu- larly as may be ; together with the condition of such forts and garrisons ; and the said commanding officer shall

COMMONWEALTH OF MASSACHUSETTS. 23

exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or har- bor or harbors, adjacent.

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

XIII. As the public good requires that the governor salary of should not be under the inidue influence of any of the 8°'*'®™°'^- members of the general court by a dependence on them for his support, that he should in all cases act with free- dom for the benefit of tlie public, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magis- trate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply suffi- cient for those purposes, and established by standing laws : and it shall be amono- 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. lished by law for the justices of the supreme judicial court, judicial court.

And if it shall be found that any of the salaries afore- Salaries to be said, so established, are insufficient, they shall, from time insufficient. to time, be enlarged, as the general court shall judge proper.

CHAPTER II.

Section II.

Lieutenant- Governor.

Article I. There shall be annually elected a lieu- Lieutenant- tenant-governor of the commonwealth of Massachusetts, fitie^and^quaii- whose title shall be — His Honor; and who shall be amendment^r qualified, in point of [religion,] [property,] and residence xxxrv.^' '*°*^ in the commonwealth, in the same manner with the gov- ernor ; and the day and manner of his election, and the qualifications of the electors, shall be the same as are re- quired in the election of a governor. The return of the How chosen. votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall p/uraiity pro- be found to have a maiority of all the votes returned, the videdforby

•} J ' amendments,

vacancy shall be filled by the senate and house of repre- Art. xiv.

24

CONSTITUTION OF THP:

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 alwa3\s 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- mouAvealth, 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 con- stitution the governor is vested with, when personally present.

Council. Number of councillors changed to eight. See amend- ments, Art. XVI.

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

xin.

Superseded by amendments. Art. XVI.

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

CHAPTER II. Section III.

Co7incil, and the Manner of settling Elections by the Legis- lature,

Article I. There shall be a council for advising the governor in the executive part of the government, to con- sist 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 Wednesdaj^ in May, b}' the joint ballot of the senators and representatives assembled in one room ; and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large ; and the number of senators left shall constitute the senate for the year. The seats of the ixn-sons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]

COMMONWEALTH OF MASSACHUSETTS. 25

III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenant- governor.

IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.] two.

Superseded by amendments, Art. XVT.

V. The resolutions and advice of the council shall be iiegisterof 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 exer- ant-governor shall be vacant, by reason of death, absence, "/governo7ui or otherwise, then the council, or the major part of them, "''se, etc. shall, during such vacancy, have full power and authority

to do, and execute, all and every such acts, matters, and things, as the governor or the lieutenant-governor might or could, by virtue of this constitution, do or execute, if they, or either of them, were personally present.

VII. [And whereas the elections appointed to be made. Elections may by this constitution, on the last Wednesday in May annu- untu.^etc™^ ally, by the two houses of- the legislature, may not be completed on that day, the said elections may be adjourned

from day to day until the same shall be completed. And gupl^geded^by the order of elections shall be as follows : the vacancies in amendments,

• r> 1 n n 1 r>n n i Arts. XVI. and

the senate, ii any, shall lirst be tilled 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, Oom'missary, etc.

Article I. [The secretary, treasurer and receiver- secretary, etc., general, and the commissary-general, notaries public, and] how chosen. naval officers, shall be chosen annually, by joint ballot of to°eiecti^on'of ^^ the senators and representatives in one room. And, that urer^an^re-^'**' the citizens of this commonwealth may be assured, from audtudXrand time to time, that the moneys remaining in the public attomey-gen-

' '',,..,'-', (•ij r, eral, see amend-

treasury, upon the settlement and liquidation oi the pub- ments.Art.

26

CONSTITUTION OF THE

Treasurer in- eligible for more than five succeeeive years.

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

lie accounts, arc their property, no man sliall be eligible as treasurer and receiver-general more than five yea.r& successively.

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

II. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be 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.

CHAPTER III

Tenure of all commissioned officers to be expressed. Judicial officers to hold office during good behavior, ex- cept, etc. But may be removed on address.

Justices of su- preme judicial court to give opinions when required. 122 Mass. 600. 126 Mass. 557, 561.

Justices of the peace; tenure of their office. 3 Gush. 584.

Provisions for

holding probate

courts.

12 Gray, 147.

JUDICIARY POWER.

Article I. The tenure, that all commission officers shall by law have in theu' 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 gov- ernor and council, shall have authorit}^ to require the opin- ions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.

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

IV. The judges of probate 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 du-ect.

co:mmoxwealth of ^Massachusetts. 27

V. All causes of marriage, divorce, and alimony, and ^^orlferand all appeals from the judges of probate, shall be heard and oJJ^g°°^'j;j,. determined by the (governor and council, until the legis- visions made

*^ ~ , . . by law.

lature shall, by law, make other provision. 105 Mass. 327.

' "^ ' ^ 116 Mass. 317.

CHAPTER IV.

DELEGATES TO CONGRESS.

FThe delegates of this commonwealth to the congress of Delegates to

L o • 1 1 /> T congress.

the United States, shall, some time in the month 01 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, *^°"*'^®- 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 emplojTiients, 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- Harvard College, in theu- corporate capacity, and thl^^presiiient their successors in that capacity, thek' officers and ser- coufi^ler.^' vants, shall have, hold, u^se, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immuni- ties, and franchises, which they now have, or are entitled

28

CONSTITUTION OF THE

All gifts, grants, etc. coufirmed.

Who ehall be overseerfi.

See Statutes,

1851, 224.

1852, 27. 1859, 212. 1865, 173. 1880, 65.

Power of altera- tion reserved to the legislature.

to have, hold, use, exercise, and enjoy ; and the same are hereb}^ ratified and confirmed unto them, the said presi- dent and fellows of Harvard College, 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, here- tofore made, either to Harvard College in Caml^ridge, 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, con- stituted the overseers of Harvard Colles^e ; and it being: 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 sen- ate of this commonwealth, are, and shall be deemed, their successors, who, with the president of Harvard College, for the time being, together with the ministers of the con- gregational churches in the towns of Cambridge, Water- town, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, A'ested 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 altemtions in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislatwre of the late Province of the Massachusetts Bay.

COMMONWEALTH OF :\IASSACHUSETTS. 29

CHAPTEE V.

Section II.

27^6 Encourage^nent of Literature, etc.

Wisdom and knowledge, as well as virtue, diftused gen- Duty of legisiat- erally among the body of the people, being necessary for istrateslnTu" the preservation of their rights and liberties ; and as these F°o^furthe\°pro- depend on spreading the opiDortunities and advantao-es of visions as to

t^..i o XI & iniblic schools,

education in the various parts of the country, and amono- see amend- the difterent orders of the people, it shall be the duty xviii. of legislatures and magistrates, in all future periods of 503. ^^' this commonwealth, to cherish the interests of literature ^^ Mass. 94,97. and 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 agricultiu-e, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanit}^ and general benevolence, 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 VI.

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant- 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- Abolished see

' ' ' , amendments,

gion, and nave a firm persuasion of its truth ; and that I Art. vii. am seised and possessed, in my own right, of the property required by the constitution, as one qualification for the office or place to which I am elected."

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

30

CONSTITUTIOX OF THE

Declaration and oaths of all officers.

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

Oath of office.

Proviso. See amendments, 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 ofiice 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 afiirmations, viz. :

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

"T, A. B., do solemnly sAvear and afi5rm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to

the best of my abilities and understanding, agreeablv to the rules and regulations of the constitution and the laws of the commonwealth. So hel}) me, God."

Provided, ahvays, that when any person chosen or ap- pointed as aforesaid, shall be of the denomination of the

CO^IMONWEALTH OF MASSACHUSETTS. 31

people 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, \^^^ Ido swear," " and abjure,'' " oath or," " 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)enalties of perjury."

And the said oaths or affirmations shall be taken and affirma^tio^ne subscribed by the governor, lieutenant-governor, and coun- how^adminiB- cillors, before the president of the senate, in the presence of the two houses of assembly ; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former 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 tmie shall be prescribed by the legislature.

11. No o-overnor, lieutenant-o-overnor, or iudo^e of the Plurality of . . ' .) o offices pro-

supreme judicial coiu't, shall hold any other office or place, hibuedto gov-

under the authorit}^ of this commonwealth, except such as exceptretc.

by this constitution they are admitted to hold, saving that me^ntrArt.

the judges of the said court may hold the offices of justices "^^i-

of the peace through the state ; nor shall they hold any

other place or office, or receive any pension or salary from

any other state or government or power whatever.

No person shall be capable of holding or exercising at i^fe^^s^l''*' the same tune, within this state, more than one of the fol- lowing offices, viz. : judge of probate — sherifl' — register of probate — or register of deeds ; and never more than any two offices, which are to be held b}' appointment of the governor, or the governor and council, or the senate, or the house of representatives, or by the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person.

No person holding the office of judge of the supreme incompatible judicial com-t — secretary — attorne3^-general — solicitor- For'^further pro- general — treasurer or receiver-general — judge of probate Scompaubie

— commissary-general — [president, professor, or instruc- amendments tor of Harvard Colleo-e] — sheriff — clerk of the house of ^i*-^™* tt

c5 J _ /•IT Officers of Har-

representatives — register of probate — register of deeds vas-dcouege

— clerk of the supreme judicial court — clerk of the infe- amendments, rior court of common pleas — or officer of the customs, ^'^ including in this description naval officers — shall at the

32

CONSTITUTIOX OF THE

Incompatible offices.

Bribery, etc., disqualify.

Value of money ascertained.

Property quali- fications may be increased. See amend- ments. Arts. Xni. and XXXIV.

Provisions respecting commissions.

Provisions re- specting 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 corpus secured, except, etc.

same time have a seat in the senate or house of rejn'esonta- tives ; 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 ease any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council ; or any councillor shall accept of either of those offices or places.

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

in. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to 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 ^vrits, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Common- wealth of Massachusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be return- able, who is not a party, and be signed by the clerk of such court.

VI. All the laws Avhich 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 A^^^•it of habeas corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious, and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceedinii^ twelve months.

COMMONWEALTH OF MASSACHUSETTS. 33

VIH. The enacting style, in making- and passing all Jtyf/°'*''*'°^ acts, statutes, and law.s, shall be — "Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or officers of dano^er arise to the commonwealth from a chanoe of the meXcontinued 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 eflect, shall have, hold, use, exercise, ;and enjoy, all the powers and authority to them granted .or committed, until other persons shall be appointed in their stead ; and all com'ts 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 offi- cers under this constitution, are designated and invested with their respective trusts, poAvers, and authority.

X. [In order the more effectually to adhere to the Provision for principles of the constitution, and to correct those viola- etilutk)l.*'°°' tions which by any means may be made therein, as well provtMonaf to .as to form such alterations as from experience shall be 8™^am™ifd-*^' found necessary, the general court which shall be in the ments, Art. ix. year of our Lord one thousand seven hundred and ninety-

jBve, 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 to^vns 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 thu'ds of the qualified voters throughout the state, who stuuToif"" .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 legislatm-e are by this constitution to be chosen.]

34

CONSTITUTION OF THE

preJi?ltagand ^I- Tlils fomi of govemment shall be enrolled on

conitiultion''''' parcliment, 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 futm-e editions of the said laws.

ARTICLES OF AMENDMENT.

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

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

ProviBO.

112 Mass. 200.

Qnalificationsof voters for gov- ernor, lieuten- ant-governor, senators and representatives. See amend- ments, Arts. XXX. and XXXII. 11 Pick. 538, 540. 14 Pick. 341. 14 Mass. 367. 5 Met. 162, 298, 591,594.

Akticle I. If any bill or resolve shall be objected to, and not approved by the governor ; and if the general court shall adjourn within five 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 by the constitution, such bill or resolve shall not become 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 inhabitants thereof such powers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants, in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings. Provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meet- ing duly warned and holden for that purpose. And pro- vided, also, that all by-laws, made by such municipal or city government, shall be subject, at all tmies, to be annulled by the general court.

Art. III. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the common- wealth one year, and within the toAvn or disti'ict 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

COMMONWEALTH OF MASSACHUSETTS. 35

or county tax, which shall, within two years next preced- ![„?™y>299-- ins: such election, haye been assessed upon mm, in any 597.

® ,..>,,,. 1,1 11 ' 124 Mass. 596.

town or district or tins commonwealth ; and also everj^ For educational citizen who shall be, by law, exempted from taxation, eeeamTncu"' and who shall be, in all other respects, qualified as aboye FoTprOT^sira^' mentioned,] shall haye a right to yote in such election of ^ave s^r° edTn " ffoyernor, lieutenant-o:oyernor, senators, and representa- the army or

~. T T ~ in '11 • navy in time

tiyes ; and no other ])erson shall be entitled to yote m of war, see

, 1 . . amendments,

such election. Arts.xxviii.

See also amendments, Art. XX TU., which was annulled by amendments, Art. XXyi.

Art. IV. Notaries i^ublic shall be appointed by the Notaries public,

,1 . T . . 1 ^y, how appointed

goyernor m the same manner as judicial omcers are ap- and removed. pointed, and shall hold their offices during seyen years, unless sooner remoyed by the goyernor, with the consent of the council, upon the address of both houses of the legislature.

[In case the ofl3ce of secretary or treasurer of the com- vacancies in the

ij.1 I n I- i _p 1 • offices of secre-

mon wealth shall become yacant ii-om any cause, during tary and treas- the recess of the general court, the governor, with the TWs'ciausf"^'^" advice and consent of the council, shall nominate and ame^u^me^nts^^ appoint, under such regulations as may be prescribed Art. xvii. by law, a competent and suitable person to such vacant office, who shall hold the saine until a successor shall be appointed by the general court.]

Whenever the exigencies of the commonwealth shall ?r,™™^TnTh»

O general iiia\ be

require the appointment of a commissaiy-general, he shall appointed, "in be nominated, appointed, and commissioned, in such man- ner as the legislature may, by law, prescribe.

All officers commissioned to command in the militia Miiitia officers,

1 1 /. -v. . 1 , 1 T • bow removed.

may be removed trom office m such manner as the legis- 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- subaUernT.* ^""^ nies, as well those under as those above the age of twenty- one years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed ty a^/officers®" by the constitution, the following oath shall be taken and ^t^S^^^iu t

^, ., ■, , , '^ . , Ch. VI., Art. 1.

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 solemn!}^ 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."

36 CONSTITUTION OF THE

Qu°ake?8may Pwvided, That wlieii aii}^ person shall be of the denomi- affirm. natioii called Quakers, and .shall decline taking said oath,

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." Tests abolished. j^^,j, yjj_ -^q oath, declaration, or subscription, ex- cepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieuten- ant-governor, councillors, senators, or representatives, to (jualify them to perform the duties of their respective offices. o?ofifc^s^'^'"*^ Akt. VIII. No judge of any court of this common- 122 Mass. 445, wcaltli, (exccpt tlic court of sessions,) and no person 123 Mass. 535. 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, reg- ister of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust ; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office ; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted. ^nsm^uuon*' *° Art. IX. If, at any time hereafter, any specific and how made. 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-thu*ds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed

COMMONWEALTH OF MASSACHUSETTS. 37

amendment or amendments to the people ; and if they shall be approved and ratified by a majorit}' of the quali- fied voters, voting thereon, at meetings legally warned and holden for that piu-pose, they shall become part of the constitution of this commonwealth.

Art. X. The political year shall begin on the first commencement Wednesday of January, instead of the last Wednesday of year, May ; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last AVednesday of May. And the general court shall be ^. and termina- dissolved on the da}' next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the o-eneral com*t from assembling at such other times as they shall judge necessarj^, or when called together by the governor. The governor, lieutenant-governor and coun- cillors, shall also hold tlieu* respective offices for one year next following the fu'st Wednesday of Januar}^ and until others are chosen and qualified in their stead.

[The meeting for the choice of governor, lieutenant- Meetings for the

L o .1111 choice of gov-

sfovernor, senators, and representatives, shall be held on ernor, nemen-

" aut-'*0'V6rD0r

the second Monday of November in every year; but itc.rwhen to'be meetings may be adjourned, if necessary, for the choice This clause of representatives, to the next day, and again to the next am'endmems'^^ succeeding day, but no further. But in case a second ^^.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 ofiicers or persons whatever, that have reference to the last Wednesday of May, as the com- mencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.

This article shall go into operation on the first day of ^""go inC^^" October, next following the day when the same shall be operation. duly ratified and adopted as an amendment of the consti- tution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state ofiicers, who are annually chosen, and Avho shall be chosen for the cur- rent year, when the same shall go into operation, shall hold their respective ofiices until the first Wednesday of

38

CONSTITUTION OF THE

Inconsletent

provisions

annulled.

Religions freedom established. See Dec. of Rights, Art.

Hi.

122 Mass. 40,41.

Cenens 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.

January then next following, and until others are chosen and qualified in their stead, and no longer ; and the first election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conforinablj^ 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 hereb}'' wholly annulled.

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

"As the public worship of God and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a 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 citizens of the commonwealth, shall be equally under the protection of the law ; and no subordination of any one sect or denomination to another shall ever be established by law."

Art. Xn. [In order to provide for a representation of the citizens of this commonwealth, founded upon the principles of ecjuality, 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- tarj^'s office, in such manner as the legislature shall pro- vide, within the month of Ma}^ in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of Ma}^ in manner aforesaid ; and each town or city having three hundred rata-

COMMONWEALTH OF MASSACHUSETTS. 39

ble polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hun- dred, one representative more.

Any town having less than three hundred ratable polls Towns having shall be represented thus : The whole number of ratable ratabie'^poiis, polls, at the last preceding decennial census of polls, shall ^^^teir^ be multiplied by ten, and the product divided by tliree 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 fjprelented.°^ one or more representatives, with any number of polls beyond the necessary number, ma}' 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 representa- tive as many years, within the ten 3^ears, as four hundred and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts Towns may may, by consent of a majority of the legal voters present 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 disti'ict 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 within the months of July and August, in the year of our determlne'the Lord one thousand eight hundred and thirty-seven, accord- rey^ntotiverto" ing to the foregoing principles, the number of representa- to^ln^^'entitied tives, which each city, town, and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town, and representative district may elect an additional representative ; and where any town has not a suiBcient 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- years, thereafter, by the governor and council, and the ™ifce*h?eve?y ^ number of ratable polls in each decennial census of polls, ^^'^y^^"- shall determine the number of representatives, which each

40

CONSTITUTION OF THi:

Inconsistent

prciviBioiis -auiiullecl.

Census of in- liabitants to be taken in 1840, and decennially thereafter, for hati'in of repre- sentation. Provisions as to census super- eeded by amend- ments, Arts. XXI. and XXII.

Senatorial dis- tricts declared perma!ient. Provisions as to senators super- seded by amend- ments, Art. XXII.

House of repre- sentatives, how apportioned. Provisions as to reijresentatives Bui)ersede(l by amendments, Art. XXI.

Small towns, how repre- eented.

Towns may imite into representative districts.

city, town and representative district nia}^ elect as afore- said ; and Avlien the number of representatives to be elected by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the ])eriod of ten years.

All the provisions of the existing constitution incon- sistent with the provisions herein contained, are hereby wholly an nulled , ]

Art. XIII. [A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the secretary's office, on or before the last day of June, of the j^ear one thousand eight hundred and forty, and of every tenth year thereafter ; which census shall determine the apportionment of senators and repre- sentatives for the term of ten years. 122 Mass. 595.

The several senatorial districts now existing shall be permanent. The senate shall consist of forty members ; and in the year one thousand eight hundred and forty, and every tenth year thereafter, the governor and council shall assign the number of senators to be chosen in each district, according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district.

The members of the house of representatives shall be apportioned in the following manner : Every town or city containing twelve hundred inhabitants may elect one rep- resentative ; and two thousand fom" hundred inhabitants shall be the mean increasing number, which shall entitle it to an additional representative.

Every town containing less than twelve hundred inhab- itants shall be entitled to elect a representative as many times Avithin ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the com- monwealth shall be settled.

Any two or more of the several towns may, by consent of a majority of the legal voters present at a legal meet- ing, in each of said towns, respectively, called for that purpose, and held before the first da}^ 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

COMMONWEALTH OF MASSACHUSETTS. 41

such district shall have all the rights, in regard to repre- sentation, which would belong to a town containing the same number of inhabitants.

The numl^er of inhabitants which shall entitle a town Basis of

, , . . .. -1 ., . . representation,

to elect one representative, and the mean increasing nuiii- aud ratio of ber which 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 governor and J,!d^c^o°mcii°to council shall, before the first day of September, apportion n\^^i^er°oV^^ the number of representatives which each city, town, and representatives

of Gticn town

representative district is entitled to elect, and ascertain once in every how many years, within ten years, any town may elect a ^'^^ representative, which is not entitled to elect one every year ; and the governor shall cause the same to be pub- lished forthwith.

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

No possession of a freehold, or of any other estate, shall quaimc^ation'for be required as a qualification for holding a seat in either couJ*t orfo^cu branch of the general court, or in the executive council, not required.

Art. XIV. In all elections of civil officers by the Elections by the people of this commonwealth, whose election is provided piuJaWy ot^ ^ for by the constitution, the person having the highest num- ^°*^* ber of votes shall be deemed and declared to be elected.

Art. XV. The meetino- for the choice of o-overnor. Time of annual

~ -, • 1 11 election of gov-

lieutenant^governor, senators, and representatives, shall emor and legis- be held on the Tuesday next after the first Monday in November, annually ; but in case of a failure to elect rep-

42 CONSTITUTION OF THE

rescntativcs on that da}', a second meeting shall be holden, for that jnirpose, on the fourth Monday of the same month of November. Eight council- Art. XVI. Eiffht councillors shall be annually chosen

lors to be chosen '^ . , . i , ^^n 'i

by the people, bv the inhabitants ot this commonwealth, qualmed to vote

TOO Njase 595 .

598. " ' 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 dl^^feme" thereafterwards, shall divide the commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without divid- ing any town or ward of a city, and each entitled to elect one councillor : provided, however, that if, at any time, the constitution shall provide for the division of the common- \vealth 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 legis- deffied.'*^ lature. No person shall be eligible to the office of coun- cillor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec- ?e7ore1eS ^^""' "^^^^ ^^J ^"^ manner of the election, the return of etc. ' the votes, and the declaration of the said elections, shall

be the same as are required in the election of governor. Vacancies, how ^Whenever there shall be a failure to elect the full num- ^•sionTs to°' ^^^^ °^ councillors, the vacancies shall be filled in the same vacancies, see manner as is required for filling vacancies in the senate ;

amendtnentB, , . ^ . iii'Ti iz- xij.j.

Art. XXV. and vacancies occasioned by death, removal irom the state,

or otherwise, shall be filled in like manner, as soon as may

Organization of ]^q after sucli vacancics shall have happened.! And that

the government. ' i i • i • • p ii

there may be no delay in the organization oi the govern- ment on the first Wednesday of tTaniiar}^ the governor, Avith 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 before the said first AYednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingl}'^ ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either of said officers, the choice

co:mmonavealth of Massachusetts. 43

shall be by them declared and published ; but in case there shall be no election of cither of said officers, the legislat- ure shall proceed to fill such vacancies in the manner pro- vided in the constitution for the choice of such officers.

Aet. XVII. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen urerfaudltorf^' annually, on the day in November prescribed for the genemVb^^the choice of governor ; and each person then chosen as such, people. duW qualified 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 governor. In case of a failure to elect vacancies, how either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room ; and in case the office of secretary, or treasurer and receiver- general, or auditor, or attorney-general, shall become va- cant, from any cause, dm'ing an annual or special session of the general court, such vacancy shall in like manner be 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 appointment, with the advice and con- sent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the To qualify offices aforesaid, shall neglect, for the space of ten dscys Tthei-wise office after he could otherwise enter upon his duties, to qualify vac^ant.^^'"^'' himseh" in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabi- ^^^^^^^ ®' tant of this commonwealth five years next preceding his election or appointment.

Art. XVIII. All moneys raised by taxation in the school moneys towns and cities for the support of public schools, and pued^fo? secta all mone3's which may be appropriated b}^ the state for porori^niT the support of common schools, shall be applied to, and proviBion as to

44

CONSTITUTION OF THE

schools, see

constitution,

Part First, Art.

III.

12 Allen, 500,

508.

103 Mass. 94, 98.

Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc. See amend meuls, Art. XXXVI. 8 Gray,!. 13 Gray, 74.

Reading consti- tution iu English and writing, neces- eary qualifica- tions 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 210 members. Legislature to apportion, etc. 10 Gray, 613.

cxi)cnded in, no other schools than those which are con- ducted according to law, under the order and superintend- ence of the authorities of the town or city in which the money is to be expended ; and such nionej's shall never be 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 sheriffs, 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.

no Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65,

Art. XX. No person shall have the right to vote, or be eliirible to oiEce under the constitution of this common- wealth, who shall not be able to read the constitution in the English language, and write his name : provided, hoiu- ever, that the provisions of this amendment shall not apply to any person prevented by a physical disability from com- plying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect.

Art. XXI. A census of the legal voters of each city and town, on the first day of May, shall be taken and. returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one- thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumer- ation shall be made of the legal voters ; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such citv- The enumeration aforesaid shall determine the apportionment of rei)rescntatives 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-

COMMONWEALTH OF MASSACH][JSETTS. 45

pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it shall be the duty of the secretary of the common- Secretary shaii wealth, to certify, as soon as may be after it is determined clrs^uthorized by the legislature, the number of representatives to which couiues^. each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, — or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suifolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law, — shall, on the first Tuesday of August next after each Meeting for assignment of representatives to each county, assemble at firltTuelday a shire town of their respective counties, and proceed, as pr^ef^ngs, soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county ; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one yea,r at least next preceding Quaiiflcationsof his election, shall have been an inhabitant of the district 122^188^595^' for which he is chosen, and shall cease to represent such ^^^' district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be Districts to be numbered by the board creating the same, and a descrip- de™ribe^d and tion of each, with the numbers thereof and the number *=®'"*''^^''- of legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of callins: and conductins; the meetino;s for the choice of representatives, and of ascertaining their election, shall be prescribed by law. [Not less than one Quomm, see hundred members of the house of representatives shall Arf."xxxiii. constitute a quorum for doing business ; but a less num- ber ma}' 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 da}^ of May, shall be taken and

46

CONSTITUTION OF THE

Voters to be basis of appor- tionment 01 senators.

Senate to con- sist of forty members.

Senatorial districts, etc.

See amend- ments, Art. XXIV.

Qualifications of senators.

Quorum, see amendmerrts. 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.

returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special 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 fii'st 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 : provided^ Jiowever, that no town or ward of a city shall be divided therefor ; and such districts shall be formed, as nearly as maj" be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant of this com- monwealth five years at least immediatel}^ 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 commonAvealth. [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 commonAvealth : 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 afiect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.]

Art. XXIV. Any vacanc}^ 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.

COMMONWEALTH OF MASSACHUSETTS. 47

Art. XXV. In case of a vacancy in the council, from vacancies in the a failiu'e of election, or other cause, the senate and house of representatives shall, by conciu-rent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.

Art. XXVI. The twenty-third article of the articles Twenty -third of amendment of the constitution of this commonwealth, amendments which is as follows, to wit: " No person of foreign birth ^nnuued. shall be entitled 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 natm'alization, and shall be otherwise qualified, according to the constitution und laAvs 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, farther, that it shall not affect the rights of any €hild of a citizen of the United States, born during the tem- porary absence of the parent therefrom," is hereby wholly annulled.

Art. XXVH. So much of article two of chapter six Provisions of of the constitution of this commonwealth as relates to per- vi.,' relating to sons holding the office of president, professor, or instructor vard^oUeger' of Harvard College, is hereby annulled. ^^^^\^^i.

Art. XXVIII. No person having served in the army superseded by or navy of the United States in time of war, and having been honorably 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-

1 1 • • 1 <• 1 • 1 1 •. J J' ii J. cincts in towns.

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 officers under the constitution, and to prescribe the manner of call- ing, holding and conducting such meetings. All the pro- visions of the existing; constitution inconsistent with the provisions herein contained are hereby annulled.

Art. XXX. No person, otherwise qualified to vote in voters not dis- elections for governor, lieutenant-governor, senators, and ^^a^son'^of ^ representatives, shall, by reason of a change of residence dencfuntiiTix within the coimiion wealth, be disqualified from voting for [^^e^ofVemwai said officers in the cit}^ or town from which he has removed

48

CONSTITUTION OF THE

Amendments, Art. XXVIII. amended.

Person who teived in army or navy, etc., not disqualified from voting for non-payment of poll tax.

Provisions of amendments. Art. III., rela- tive to payment of a tax as a voting qualifica- tion, annulled.

Quorum, in each branch of the general court, to tonsiet of a majority of members.

Provisions of Art. II., § I., Chap. II., Fart II., relative to property quali- fication of governor, annulled.

Provisions of Art. II., § III., Chap. I., rela- tive to expense of travelling to the general assembly by members of the house.annuUed.

his residence, until the ex[)iration of six calendar months from the time of such removal.

Art. XXXI. Article twent}'-ci<i;ht of the amendments 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. XXVIII. No person having served in the army or navy of the United States in time of war, and having been hon- orably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of receiv- ing or having received aid from any city or town, or be- cause of the non-pajTuent of a poll tax.

Art. XXXII. So much of article three of the amend- ments of the constitution of the commonwealth as is con- tained in the following words : " 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 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.

Art. XXXIII. A majority of the members of each branch of the general court shall constitute a quorum for the transaction of 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.

Art. XXXIV. So much of article two of section one of cha})ter two of part the second of the constitution of the commonwealth as is contained in the following words : "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 " ; is hereby annulled.

Art. XXXV. So much of article two of section three of chapter one of the constitution of the commonwealth as is contained in the following words : " 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 mem- ber who shall attend as seasonably as he can, in the judg-

COMMONWEALTH OF MASSACHUSETTS. 49

meiit of the house, and does not depart without leave", is hereby annulled.

Art. XXXYI. So much of article nineteen of the articles of amendment to the constitution of the common- wealth as is contained in the following words : "commis- sioners of insolvency", is hereby annulled.

The constitution of Massachusetts was agreed upon by delegates •of the people, in convention, begun and held at Camliridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first "Wednesday of the ensu.ing June. In the mean time the constitution was submitted to the people, to be adoj^ted by them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was foimd that the constitution iad been adopted by the requisite number of votes, and the conven- tion accordingly Resolved, " That the said Constitution or Frame of Government shall take place on the last Wednesday of October next ; and not before, for any purpose, save only for that of making elec- tions, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted April 9, 1821.

The tenth Article was adopted by the legislatures of the political years 1829-30 and 1830-31, respectively, and was aiijiroved and ratified by the people May 11, 1831.

The eleventh iy:ticle was adopted by the legislatures of the politi- cal years 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1833.

The twelfth Article was adopted by' the legislati;res of the political years 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of tlie politi- cal years 1839 and 1840, respectively, and was approved and ratified by 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 1855, respectively, and ratified by the people the twenty-third day of May, 1855.

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

50 CONSTITUTION OF MASSACHUSETTS.

The twenty -third Article was adopted by tlie legislatures of the political years 1858 and 1859, respectively, and ratified bj- the i^eople on the ninth day of May, 1859, and was repealed by the twenty -sixth Amendment.

The twenty-fourth and twenty-fifth Articles Avere adopted by the legislatures of the political years 1859 and 1860, and ratified by the people on the seventh day of May, 1860.

The twenty-sixth Article was adopted by the legislatures of the political years 1862 and 1863, and ratified by the people on the sixth day of April, 1863.

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

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

The twenty-ninth Article was adopted by the legislatures of the political years 1884 and 1885, and was approved and ratified by the people on the third day of November, 1885.

The thirtieth and thirty-first Articles were adopted b\- the legis- latures of the political years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.

The thirty-second and thirty -third Articles were adopted b}- the legislatures of the political years 1890 and 1891, and were approved and ratified by the people on the third day of November, 1891.

The thirty-fourth Article was adopted by the legislatures of the political years 1891 and 1892, and Avas approved and ratified by the people on the eighth day of November, 1892.

The thirty-fifth Article was adopted by the legislatures of the political years 1892 and 1893, and was approved and ratified by the people on the seventh day of November, 1893.

The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 1894, and was approved and ratified by the people on the sixth day of November, 1894.

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

[Proposed Articles of Amendment, (1) Establishing l)iennial elections of state officers, and (2) Establishing biennial elections of members of the General Court, adopted by the legislatures of the political years 1895 and 1896, were rejected by the people at the annual election held on the third day of November, 1896.]

INDEX TO THE CONSTITUTION.

A.

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

removed by governor with consent of council upon, . 26

Adjvitant-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, 30,31,36

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

Alimony, divorce, etc., 27

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

Apportionment of councillors, 24,41,42

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 forty

districts, .......... 46

Apportionment of representatives, 16,39,40,44

to the several counties, made on the basis of legal voters, . 44 Armies, dangerous to liberty, and not to be maintained without

consent 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 general assembly, ....... 18

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

warrant to contain special designation, 7

Attorney-general, to be chosen by the people annually in Novem- ber, 21,43

to hold office for one year from third Wednesday in January

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

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

52 INDEX TO THE CONSTITUTION.

Page

Attorney- general, vacancy occurring during session of the legislat- ure, tilled l\v joint ballot of legislature from the jieople at large, .......... 43

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

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

next preceding election or appointment, .... 43

office to be deemed vacant if person elected or appointed fails

to be qiialified within ten days, 43

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

to hold ofllce for one year from third Wednesday in .January

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

election determined by legislature, 43

vacancy tilled in same manner as in ofiice of attorney-general, 43

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

next preceding election, 43

ofiice 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 branch in which originated, and may be passed by two- thirds of each branch present and voting thereon by yeas

and nays, 10

if not returned by governor within tive days after presenta- tion, to have force of law, unless the legislature adjourns before that time expires, . . . . . . .11,34

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

title of : The Commonwealth of Massachusetts, ... 10 Bribery or corruption used in procuring an appointment or elec- tion, 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 ajjportionment of

representatives, 44

INDEX TO THE CONSTITUTION. 53

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

thereof, 34

divil officers, meeting for election to be held annually on the Tues- day next after the first Mondaj^ 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, continued in

force, . 32

Commander-in-chief, governor to be, 20

Commerce, agriculture and the arts, to be encouraged, ... 29 Commissary-general, apj^ointed and commissioned as fixed by law, 25, 35 Commission officers, tenure of office to be expressed in commissions, 26 Commissioners of insolvency, elected by the people of the several

counties ; annulled, . . . . . . . . 44, 49

Commissions, to be in the name of the commonwealth, signed by governor, attested by the secretary, and have the great seal affixed, ......... 32

Congress, delegates to, ... 27

members of, may not hold certain state offices, ... 36 Constitution, amendment to, projiosed in the general court, agreed to by a majority of senators and two-thirds of the house present and voting thereon by yeas and nays ; entered 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 efi'ect, it shall be submitted to the people, and, if ajjproved by them by a majority vote, becomes a part of the constitution, . 36, 37

Constitution, provisions for revising, 33, 36

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

and j^rinted in all editions of the laws, .... 34

Coroners, 21

Corruption or bribery used in procimng 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 gov- ernor, ........... 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 qualification required, 41

eight districts to be formed, each composed of five contiguous

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

eligible to election if an inhabitant of state for five years pre- ceding election, ......... 42

term of oftice, 37

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

Court, sujjerior, judges not to hold certain other offices, . . 36 Court, supreme judicial, jvidges 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 jvidicatories may be established by the general court, . 11

may administer oaths or affirmations, 11

Crimes and oS'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 the peojjle of the several districts, . 44 Districts, councillor, eight, each to be composed of five contiguous

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

Districts, senatorial, fort}^ 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 b}^ the consti- tution, to be by plurality of votes, 41

INDEX TO THE CONSTITUTION.. 55

Page Election of civil officers, meeting to be held annually on the first

Tuesday next after the first Monday in November, . . -il in case of failure to elect representative, meeting to be held

on fourth Monday in November, ..... 41, 42

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, notto exercise legislative or judicial powers, 9

£x^ws</acto laws, declared unjust and oppressive, ... 9

F.

Felony and treason, no subject to be declared guilty of, by 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 required as qualification for seat in the

general court or council, ....... 41

possession of, by governor, provision requiring, annulled, . 48 Fundamental principles of the constitution, a frequent 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 felony, . 9

formed by two branches, a senate and house of rei)resenta-

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

repugnant to the constitution, . . . . . . 11

may provide for the election or appointment of officers, and

prescribe their duties, II

may impose taxes, etc., to be used for the public service, . 12 to be dissolved on the day next preceding the first Wednes- day of January, 20,37

travelling exjienses of members ; provision annulled, . . 16,48 may be adjourned or prorogued, upon its request, by the gov- ernor with advice of council, ...... 19

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

56

INDEX TO THE CONSTITUTION.

Page General court, Judicial officers may be removed upon address of, . 26 person convicted of Ijribery, not to hold seat in, . . . 32 may increase property qualifications of persons to be elected

to office, 32

certain officers not to have seats in, . . . . . . 31

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

houses disagree, etc., ........ 20

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

empowered to charter cities, ....... 34

to determine election of governor, lieutenant-governor and

councillors,. . . . . . . . . .41,42

to prescribe by law for election of sheriffs, registers of pro- bate and commissioners of insolvency by the people of the counties, and district attorneys by the people of the

districts, 44

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

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

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

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

Governor, the supreme executive magistrate, styled, — The Gov- ernor of the Commonwealth of Massachusetts ; with the title of, — His Excellency ; elected annually, ... 18 qualifications, ......... 18,36,48

term of office, 37

should have an honorable stated salary, 23

the commander-in-chief, of the army and navy, but may not

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

to appoint the adjutant-general, 22

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

not to hold certain other offices, 31

to take oaths of office before president of the 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 adjotirn or prorogue the legislat- ure upon request, and convene the same, .... 19

may adjourn or pi'orogue the legislature for not exceeding ninety days when houses disagree, or may direct session to be held in other than the usual place in case of an in- fectious distemper prevailing, . .... 19

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

INDEX TO THE CONSTITUTION. 57

Governor, to appoint officers of the continental army, . may pardon offences, but not before conviction, may fill vacancy in council occurring when legislature is not

in session,

with consent of council, may remove judicial officers, upon

the address of both houses of the legislature, . Governor and council, to examine election returns,

may punish persons guilty of disrespect, etc., by imprison

ment not exceeding thirty days, .... quorum to consist of governor and at least five members of

the council,

may require the attendance of the secretary of the common

wealth in person or by deputy,

Page 22 21

47

26 14,42

17,18

19

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

officers may be elected members of the general court, . . 47 Hereditary offices and privileges, absurd and unnatural, . .5,6 House of representatives, members may be instructed by the people, 8

a representation of the people annually elected and founded

upon the principle of equality, ...... 16

may impose fines upon towns not choosing members, . . 16 expense of travel once every session each way, to be paid by

the government ; provision annulled, . . . . 16, 48

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

large upon records, ........ 10

qualifications of members, 17,41,45

must be an inhabitant of district for one 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 with amendments, 17

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

quorum of, 17,45,48

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

58 INDEX TO THE CONSTITUTION.

Pajre House of representatives, privileges of members, .... 18

may require the attendance of secretary of tiie commonwealth

in person or by deputy, 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

first Monday of November, 41

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

Monday of Novemlier, 41, 42

to consist of two hundred and forty members, apportioned to the several counties equally, according to relative num- ber 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 tliree representatives, . 45

board authorized to divide county into districts, to be certi- iied to by the secretary, the number of representatives to which the county is entitled, 45

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

indictment, 15, 16

Incompatible offices', 31, 36

" Inhabitant," the word defined, 18

Inhabitants, census to be taken in 1865, and every tenth year there- after, 38,40,44,45

Insolvency, commissioners of, elected by the people of the several

counties ; annulled, . . . . . . . . 44, 49

Instruction of representatives, 8

J.

Judges of courts may not hold certain other offices, . . .31,36 Judges of the supreme judicial court, to hold office during good behavior, and to have honorable 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 dei)artment, not to exercise legislative or executive powers, 9

INDEX TO THE CONSTITUTION. 59

Page Judicial officers, appointed by the governor with consent of coun- cil ; nominations to be made seven days prior to appoint- ment, ........... 21

to hold office during good behavior, except when otherwise

provided by the constitution, 26

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

of both houses of the legislature, 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, only those employed 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

property, 6

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

ex post facto, prohibited as unjust and inconsistent with free

government, ■ . 9

of province, colony and state, not repugnant to the constitu- tion, continued in force, . 32

Legislative power, 9

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

Legislature (see General Court).

Liberty of the j^ress, essential to the security of freedom, . . 8 Lieutenant-governor, to be annually elected in November, — title of, His Honor; who shall be qualified same as gov- ernor, 23,37,41,48

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

vacant, .......... 24

to take oatli of office before president of the senate in pres- ence 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 ex- cessive fines, or inflict cruel punishments, ... 9

Ma,jor-generals, elected by senate and house of representatives by

concurrent vote, ......... 21

may appoint their aids, 22

Marriage, divorce and alimony, 27

60 INDEX TO THE CONSTITUTION.

Martial law, onl}' those employed in the army and navy, and the militia in actual service, subjec-t to, except by authority

of legislature, .

Military power, subordinate to civil authority, Militia, not to be obliged by commander-in-chief to march out of the limits of the state, ......

captains and subalterns, elected by the train-bands,

all members of companies may vote, including minors, .

field officers, elected by captains and subalterns,

brigadiers, elected by field officers,

major-generals, elected by senate and house of representatives

by concurrent vote,

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

officers commissioned to command may be removed as may be jjrescribed by law, ......

appointment of staft' officers, ......

organization ; divisions, brigades, regiments and companies, Money, issued from treasury by warrant of governor, etc., .

mentioned in the constitution, to be computed in silver at six shillings and eight pence per ounce, ....

Money bills, to originate in house of representatives,

Moneys, raised or appropriated for public or common schools, not

to be applied for support of sectarian schools, . Moral obligations of lawgivers and magistrates, . Moral qualifications for office,

Page

21 21,35 35 21 21

21 21

22

22,35 22 22 22

32 17

43

:n".

Notaries public, to be appointed by governor with advice of council, 25, 35 may be removed by governor with advice of council, ujjon

address of both houses, 35

o.

Oaths and affirmations, maybe 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,

to be taken by all civil and military officers, .

Objects of government, .

Offences and crimes, prosecutions for, regulated, .

Office of trust, person convicted of bribery, etc., not to hold,

Office, rotation in, right secured,

all persons having the prescribed qualifications equally eli- gible to,

30,36

35

3,6

7

32

6

INDEX TO THE CONSTITUTION.

61

Page Office, no person eligible to, unless they can read and write, . 44 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

Offices, plurality of, prohibited to governor, lieutenant-governor

and judges, 31,36

incompatible, 31,32,36

Organization of the militia, 22"

Pardon of offences, governor with advice of council may grant, but

not before conviction,

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

have a right to keep and to bear arms for the public defence,

have a right to assemble to consult upon the common good, to

instrvict their representatives, and to petition legislature.

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

Petition, right of, ...

Plantations, unincorporated, tax-paying inhabitants may vote for councillors and senators, .....

Plurality of offices,

of votes, election of civil officers by, Political year, begins on the first Wednesday of January, Polls, rataljle, census of, ...... .

Preamble to constitution,

Press, liberty of, essential to the security of freedom, Private property taken for public uses, compensation to be

for,

Probate courts, provisions for holding, .... registers, elected by the people of the several counties, judges may not hold certain other offices, Property qualification, may be increased by the legislature,

partially abolished,

of governor, annulled,

Prosecutions for crimes and offences regulated,

Provincial laws, not rej^ugnant to the constitution, continued in

force,

made

21 6

14

31 41 37 38 3

6 26 21,44 36 32 41 48

7

32

62 INDEX TO THE CONSTITUTION.

Page Public boards and certain officers to make quarterly reports to the

governor, 22

Public officers, right of iJeople to secure rotation, .... 6 all persons having the prescribed qualifications equally 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

Quakers, may make affirmation, 80, 36

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

the legislature, 32

Qualification, property, of governor, abolished, .... 48 Qualification, property, partially abolished 41

Qualifications, of a voter, . of governor, of lieutenant-governor, of councillors, . of senators, of representatives,

13,17,34,44,46,47,48 . 18,43,48 . 23,43,48 . 41,43 . 15,40,46 . 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, 16,46,48

of house of representatives, 17,45,48

R.

Ratable polls, census of, 38

Reading and writing, knowledge of, necessary qualifications for

voting or holding office, ....... 44

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

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

and signed by members present, 25

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

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

to be established by law, 5, 38

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

membership of, defined, 38

Religious worship, public, right and duty of, and protection therein, 4 support of the ministry, and erection and repair of houses of

worship, 4, 5, 38

INDEX TO THE CONSTITUTION. 63

Page Remedies by recourse to the law, to be free, comijlete and prompt, 6

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

Retm-ns of Azotes, 13,19,42,43

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

s.

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

poll tax, 48

Salary, a stated and honorable salary to be established for the

governor, 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 commonwealth to be affixed to all commissions, 82 Search, seizure and arrest, riglit of, regulated, .... 7

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

in November, 25, 43

to hold office for one year from third Wednesday in January

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

manner of election, etc., same as governor, .... 48

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 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, with advice and con- sent of council, 35,43

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

next preceding election or api^ointment, .... 43

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 43

records of commonwealth to be kept in office of, . ... 26

may appoint deputies, for whose conduct he shall be account- able, 26

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

by deputies, as they shall require, 26

to attest all commissions, 32

to certify to board autliorized to divide (;ounty 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 pi;blic expense, . . 44 Selectmen, to preside at town meetings, elections, etc., ... 13 Self-government, right ol", asserted, ....... 5

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

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

to be chosen annually, 13

governor and at least five councillors, to examine and count

votes, and issue summonses to memljers, .... 14 to be final judges of elections, returns and qualifications of

their own members, 14

vacancy to be filled by 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 try all impeachments, . . . . . . . 15, 17

quorum of, 16, 46, 48

may punish for certain offences ; trial may be by 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 law, and upon solemn occasions, ........ 26

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

resolve, at large on records, 10

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

contain, as near as may be, an equal number of voters, . 46

apportionment based upon legal voters, 46

Sheriff's, elected by 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 eight pence per ounce, . 32 Soldier, not to be quartered in any house, in time of peace, without

consent of owner, 9

Soldiers and sailors, who have served in time of war, etc., not dis- qualified from voting on account of non-payment of poll

tax, ' .... 48

Solicitor-general, 21

Standing armies, dangerous to liberty and not to be maintained

without consent of the legislature, ..... 8 State or body politic, entitled, — The Commonwealth of Massachu- setts 10

Supreme judicial court, judges to have honorable salaries fixed by

standing laws, and to hold office during good behavior, . 9, 23 to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the gov- ernor and council, 26

not to hold certain other offices, 31,36

Sureties of bail, excessive, not to be required, .... 9

INDEX TO THE CONSTITUTION. 65

T.

Page

Taxation should be founded on consent, 6,8

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

representatives, . . 8

may be imposed by the legislature, 12

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

years, 12

Tenure that all commission officers shall by law have in their

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

Tests abolished, 36

Title of body politic, — The Commonwealth of Massachusetts, . 10 Title of governor to be, — His Excellency, ..... 18 Title of lieutenant-governor to be,— His Honor, .... 23 Town clerk, to make record and return of elections, ... 13 Town meetings, selectmen to preside at, ..... 13

Town representation in the legislature, 16, 39, 40

Towns, voting precincts in, 47

Travelling expenses of members, to general assembly and re- turning home, once in every session, to be paid by the government, ......... 16

Treason and felony, no subject to be declared guilty of, by the

legislature, 9

Treasurer and receiver-general, to be chosen by the people an- nually in November, . . . . . . 25, 26, 43

to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualified, 43 manner of election, etc., same as governor, .... 43

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

next preceding election or appointment, .... 43

no man eligible more than five years successively, . . . 25, 26 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 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, with advice and con- sent of the council, 35,43

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 43

Treasury, no moneys to be issued from, but upon the warrant of

governor, except, etc., 22

Trial by jury, right to, secured, ....... 7

guaranteed in criminal cases, except in army and navy, . 7

06 INDEX TO THE CONSTITUTION.

U.

Page University at Cambridge, 27,28,47

Y.

Vacancy in office of governor, powers to be exercised by lieutenant- governor, 24

Vacancy in offices ol" governor and lieutenant-governor, powers

to be exercised by the council, 25

Vacancy in the council, to be filled by the election of a resident of the district by concurrent vote of the senate and house ; if legislature is not in session, to be filled by governor with advice of the council, 42,47

Vacancy in the .senate, to he filled ))y election by the people upon

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

Vacancy in ofiice of secretary, treasurer, auditor and attorney- general, caused by decease of person elected, or I'ailure to elect, filled by joint ballot of legislature from the two persons having highest number of votes at November

election, 43

occurring during session of legislature, filled by joint ballot

of legislature from people at large, 43

occurring when legislature is not in session, to be filled by

goveiiior, l)y appointment, with advice of council, . . 35, 43

Vacancy in militia oHicie, filled by governor and council, if electors

neglect or refuse to make election, ..... 21,22

Valuation of estates, to be taken anew once in every ten years at

least, 12

Veto power pf the governor, 10

Voters, qualifications of, at elections for governor, lieutenant-gov- ernor, senators and rejiresentatives, . 13, 17, 34, 44, 46, 47, 48 not disqualified on account of non-payment of jjoll tax il" they

have served in the army or navy in time of war, etc., . 48 male citizens, twenty-one years of age, who have resided in the state one year, and within the town or distri(!t six months, who have paid a state or county tax within two years next preceding the elec-tion of state officers, and such as are exempted l)y law from taxation, but in other respects qualified, and who can write their names and read the constitution in the English language, . 17, 34, 44

tlie basis u{)on which the apportiomnent of repiesentatives

to the s(!veral counties is made, ..... 44

l)asis of a])portionmcnt of senators, ...... 46

census of, to l)e taken in 1865, and every tenth year after, . 44, 46

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

plurality of, to elect civil ollicers, 41

Voting precincts in towns, 47

INDEX TO THE CONSTITUTION. 67

W.

Pago Worship, public, the right and duty of all men, .... 4

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap and exjioditious manner, and not to be suspended by legislature, except for a limited time, .... 32

Writing and reading, necessary (lualifications for voting, or hold- ing ollice, . . . . . . . . . .44

Writs, to be issued in the name of the commonwealth under the seal of the court, bear test of the first justice, and be signed by the clerk, 32

Y.

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

ACTS AND RESOLVES

MASSACHUSETTS.

1903.

i;^ The General Court of the year nineteen hundred and three assembled on Wednesday, the seventh day of January. The oaths of office were taken and subscribed by His Excellency John L. Bates and His Honor Curtis Guii.u, Jr., on Thursday, the eighth day of January, in the presence of the two Houses assembled in convention.

ACTS.

An Act making appropriations for the compensation of the /^7,^,^ 1 members of the general court, for the compensation of -^'

the officers thereof, and for expenses in connection therewith.

Be it enacted by the Senate and House of Rej^resentatives in General Court assembled, and by the a.uthority of the same, as foUoivs :

Section 1 . The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth ^^'^°*' from the ordinary' revenue, for the piu-poses specified, for the year ending on the tliirty-first day of December, nine- teen hundred and tliree, to wit : —

For the compensation of senators, thirty thousand seven senators, hundred and fifty dollars. compensation.

For compensation for travel of senators, a sum not ex- Travel. ceeding thirty-two hundred dollars.

For the compensation of representatives, one hundred ^^^^^J®^®"*'"^- and eighty thousand seven hundred and fifty dollars. compensation.

For compensation for travel of representatives, a sum Travel. not exceeding twenty thousand dollars.

For the compensation of the chaplains of the senate and Chaplains. house of representatives, three hundred dollars each.

For the salaries of the clerks of the senate and house senate and of representatives, three thousand dollars each. lousecer s.

For the salaries of the assistant clerks of the senate and ^i|rkgf "^^ house of representatives, two thousand dollars each.

For such additional clerica-1 assistance to the clerks of asgfgtance. the senate and house of representatives as may be neces- sary for the proper despatch of public business, a sum not exceeding three thousand dollars.

For the salary of the sergeant-at-arms, thirty-five hun- sergeantat- dred dollars.

For the salary of the first clerk in the ofiice of the First cierk. sergeant-at-arms, twenty-two hundred dollars.

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

Acts, 1903. — Chap. 2.

Postmaster, messeugers, etc.

Senate, stationery.

House,

stationery.

Printing and l)iudlug, senate and liouse.

Manual.

Sergeant-at- arms, stationery, etc.

Senate and house, contin- gent expenses.

Expenses of committees.

Advertising liearings.

Witness fees.

For the coinpen.sation of assistant doorkeepers, post- ma.ster, messengers and pages to the senate and house of representatives, a sum not exceeding thirtv-one thousand five liundred dollars.

For stationer}^ for the senate, purchased by the clerk, a sum not exceedino: eioht hundred dollars.

For stationery for the house of representatives, pur- chased by the clerk, a sum not exceeding twelve 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 tw^enty-eight thousand dollars.

For printing and binding the manual for the general court, under the direction of the clerks of the senate and house of representatives, a sum not exceeding four thou- sand dollars.

For books, stationery, postage, printing and advertis- ing, ordered by the sergeant-at-arms, a sum not exceeding one thousand dollars.

For contingent expenses of the senate and house of representatives, and necessary expenses in and about the state house, a sum not exceeding six thousand dollars.

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

For expenses of advertising hearings of the committees of the present general court, to include expenses of mail- ing the advertisements to the various newspapers, a sum not exceeding fifteen thousand dollars.

For expenses of sunmioning witnesses before commit- tees, and for fees of such witnesses, a sum not exceeding two hundred dollars.

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

A2)proved January 16, 1903.

ChaV' 2 -^^ -^^^ MAKING AN APPKOPKIATION FOR THE PAYMENT OF PRE- MIUMS ON SECURITIES PURCHASED FOR THE MASSACHUSETTS SCHOOL FUND.

Be it enacted., etc., as folloius:

pmi'iimns*'* Section 1. A sum not exceeding fifty thousand dol-

on certain i^rs is liercbv aiipropriatcd, to be paid out of the treasury

securities. ./ i i i ' i j

Acts, 1903. — Chap. 3.

of the Commonwealth from the ordinary revenue, for the payment by the treasurer and receiver general of premiums on securities purchased for the Massachusetts School Fund, as provided for by section three of chapter forty-one of the Revised Laws. - Section 2. This act shall take effect upon its passage.

Aijproved January 29, 1903.

Ax Act making appropriations for salaries and expenses (JJiqi^^

IN THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH.

Be it enacted, etc., as folloivs:

Section 1. The sums hereinaftermentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and tln-ee, to wit : —

For the compensation of the lieutenant governor, two Lieutenant thousand dollars ; and for that of the executive council, founcu? ''°' sixty-four hundred dollars

tions.

compensation.

For travelling expenses of the executive council, a sum Travelling not exceeding fifteen hundred dollars. expenses.

For the salary of the ]irivate secretary of the governor. Private twenty-five hundred dollars. ^^^'^ ^^^'

For the salary of the executive secretary, two thousand Secretary® dollars .

For the salary of the executive stenographer, a sum not stenographer. exceeding fifteen hundred dollars.

For the salary of the executive messenger, one thousand Messenger. dollars.

For the salary of the assistant executive messenger. Assistant. eight hundred dollars.

For contingent expenses of the executive department, fg^3^4"n,e®t a smii not exceeding three thousand dollars. expenses.

For postage, printing and stationery for the executive Postage, department, a sum not exceeding eight hundred dollars. ^"" i^g,ec.

For travelling and contingent expenses of the governor Governor and council, a sum not exceeding twenty-five hundred expe'nses" ' dollars.

For postage, printing and stationery for the executive Postage, council, a sum not exceeding five hundred dollars. *^"" mg, ec.

For the payment of extraordinary expenses, to be ex- Extraordinary pended under the direction of the governor and council, ^^p^^^^^- a sum not exceeding fifteen thousand dollars.

6

Indexes, etc., to statutes.

Reiniburse- meut of towns.

Arrest of fu!<itives from justice.

Acts, 1903. — Chaps. 4, 5.

For the preparation of tables and indexes relating to the statutes of the present and previous years, a sum not ex- ceeding five hundred dollars.

For reimbursement of towns for the support of insane persons, a sum not exceeding fifteen thousand dollars.

For expenses incurred in the arrest of fugitives from justice, a sum not exceeding one thousand dollars.

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

Approved January 31, 1903.

ChCtV- 4 -^^ -'^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH.

Appropria- tions.

Auditor. First clerli.

Second clerk.

Extra clerks.

Stenographers, etc.

Messenger.

Printing expert.

Expenses.

Chajp.

Appropria- tions.

Be it enactecl, etc., asfoUoivs:

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirtj^-first day of December, nine- teen hundred and tlu'ee, to wit : —

For the salary of the auditor, thirty-five hundred dollars.

For the salary of the first clerk in the auditor's depart- ment, twenty -five hundred dollars.

For the salary of the second clerk in the auditor's depart- ment, twenty-two hundred dollars.

For the salaries of the extra clerks in the auditors department, forty-five hundred dollars.

For stenographers and such additional clerical assistance as the auditor ma}'' find necessary for the proper despatch of public business, a sum not exceeding four thousand dollars.

For the salary of the messenger in the auditor's depart- ment, nine hundred dollars.

For the compensation of a state printing expert, a sum not exceeding fifteen hundred dollars.

For incidental and contingent expenses in the auditor s department, a sum not exceeding fifteen hundred dollars.

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

Approved January 31, 1903.

5 An Act making appropriations for salaries and expenses

IN the DEPARTMENT OF THE ATTORNEY-GENERAL.

Be it enacted, etc., as foUoius :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth

Acts, 1903. — Chaps. 6, 7. 7

from the ordinary revenue, for the purposes specified, for the year ending on the thirty -first day of December, nine- teen hundred and three, to Avit : —

For tlie salarj^ of the attorney-general, five thousand 4neraf.^' dollars.

For the compensation of assistants in the ofiice of the Assistants, etc. attorney-general, and for such additional legal assistance as may be deemed necessary in the discharge of his duties, and also for any other necessary expenses in his depart- ment, a sum not exceeding forty thousand dollars.

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

Approved January 31, 1903.

An Act maiung appropriations for the compensation and /^/i/vjt P.

EXPENSES OF THE BALLOT LAW COMMISSION.

Be it enacted, etc., as foUoivs :

Section 1 . The sums hereinafter mentioned are appro- Appropria. priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

For the compensation of the ballot law commission, Bauotiaw a sum not exceeding fifteen hundred dollars. commission.

For expenses of the ballot law commission, a sum not Expenses. exceeding two hundred and fifty dollars.

Section 2. This act shall take efi'ect upon its passage.

Approved January 31, 1903.

An Act making appropriations for salaries and expenses pj rr

IN the office of the civil service commissioners. ^

Be it enacted, etc., as folloius:

Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth '^^°"®' from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

For the compensation and expenses of the members of civii service

. . .^ . . ^ commission.

the civil service commission, a sum not exceeding two thousand dollars.

For the salary of the chief examiner of the civil service cinef commission, three thousand dollars. examiner.

For the salary of the secretary of the civil service com- secretary. mission, two thousand dollars.

8

Acts, 1903. — Chaps. 8, 9.

Registrar of labor.

Expenses.

Annual report.

For the salary of the registrar of labor of the civil ser- vice commission, two thousand dollars.

For clerical assistance, and for office, printing, travelling and incidental expenses of the commissioners, chief exam- iner and secretary, and for advertising and stationery, a smii not exceeding sixteen thousand seven hundred dollars.

For printing and binding the annual report of the civil service commission, a sum not exceeding eiirht hundred and fift}'- dollars.

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

Approved January 31, 1903.

(JllCin. 8 -^^ ^t'T MAKIXG APPROPKIATIONS FOR THE SALARIES AND EXPENSES OF THE STATE BOARD OF COXCILIATIOX AXD ARUITRATIOX.

Appropria- tions.

P.oard of arbi- tration, etc.

Clerk.

Expenses.

Annual report.

Be it enacted, etc., as foUoivs :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the 3^ear ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

For the salaries of the members of the state board of conciliation and arbitration, six thousand dollars.

For the salary of the clerk of the state board of con- ciliation and arbitration, twelve hundred dollars.

For travelling, incidental and contingent expenses of the state board of conciliation and arbitration, a sum not exceeding nine thousand dollars, which shall include the compensation of expert assistants.

For printing and binding the annual report of the board, a sum not exceeding four hundred dollars.

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

Approved January 31, 1903.

Chap. 9 Ax

Appropria- tions.

Act making appropriations for the expenses ov the

BOARD OF free PUBLIC LIBRARY COMMISSIONERS.

Be it enacted, etc. , as folloios :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and tliree, to wit : —

Acts, 1903. — Chaps. 10, 11. 9

To carry out the provisions of tlie act to promote the Free public establishment and efficiency of free public libraries, a sum not exceeding tliree thousand dollars.

For clerical assistance to and incidental and necessary clerical expenses of the board of free public library commission- ^^^'^ ■'*''^'*^ "' ers, a sum not exceedino; five hundred dollars.

For printing and binding the annual report of the free Aunuai report. public librar}^ commissioners, a sum not exceeding two hundred dollars.

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

Ap2:)roved January 31, 1903.

An Act making a-ppkopriatioxs for the salary and expenses QJiap^ 10

OF THE COMMISSIONER OF PUBLIC RECORDS.

Be it enacted, etc., as follows:

Section 1 . The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the piu-poses specified, for the year ending on the thirty-first day of December, nine- teen hundred and tliree, to wit : —

For the salary of the commissioner of public records, commissioner

r. 1 n T T 11 Of pUbllC

twenty-nve hundred dollars. records.

For travelling, clerical and other necessary expenses Expenses. of the commissioner of public records, including the print- ing of his annual report, a sum not exceeding twenty-five hundred dollars.

For the purchase of ink for public records, a sum not '^^^^^^ exceeding four hundred dollars.

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

Approved January 31, 1903.

An Act making appropriations for the salaries and expenses (JJi^^r)^ W

OF THE commissioners OF SAVINGS BANKS.

Be it enacted, etc., as follows :

Section 1 . The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the^year ending on the thirty-first day of December, nine- ' teen hundred and three, to wit : —

For the salary of the chairman of the commissioners of offavluta''^^^ savings banks, thirty-five hundred dollars. chairman.

10

Acts, 1903. — CiiAr. 12.

Associate com missioners.

First clerk. Second clerk. Tliird clerk.

Additional clerks, etc.

Expenses. Annual rei)ort.

Report on unclaimed deposits.

For the salaries of the two associate commissioners of savings banks, tliree thousand dollars each.

For the salary of the first clerk of the commissioners, two thousand dollars.

For the salary of the second clerk of the commissioners, fifteen hundred dollars.

For the salary of the third clerk of the commissioners, twelve hundred dollars.

For such additional clerks and expert assistants as the commissioners may deem necessary, a sum not exceeding twenty-five hundred dollars.

For travelling and incidental expenses of the commis- sioners, a sum not exceeding three thousand dollars.

For printing and binding the annual report of the com- missioners, a sum not exceeding five thousand dollars.

For printing and binding a supplementary report on unclaimed deposits in savings banks, a sum not exceeding two hundred and seventy-five dollars.

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

Approved January 31, 1903.

Chan. 12 ^^' ^^<^"^ making appropeiations for salaries and expenses

IN THE STATE LIURARY.

Appropria- tions.

Librarian.

Purchase of books. Clerical assistance.

Index to current events.

Expenses.

Annual report.

Be it enacted, etc., as folloics :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth from the ordinaiy revenue, for the support of the state library for the yefxr ending on the thirty-first day of December, nineteen hundred and tlii'ee, to Avit : —

For the salary of the librarian, tlu'ce thousand dollars.

For the purchase of books, sixty-five hundred dollars.

For such clerical assistance as may be necessary, a sum not exceeding forty -three hundred dollars.

For preparing an index to current events and such other matters contained in the newspapers of the day as may be deemed important by the trustees and librarian, a sum not exceeding one thousand dollars.

For contingent expenses, to be expended under the direction of the trustees and librarian, a sum not exceed- ing twenty-five hundred dollars.

For printing and binding the annual report of the libra- rian, a sum not exceeding eight hundred dollars.

Section 2. This act shall take eft'ect upon its passage.

Approved January 31, 1903.

Acts, 1903. — Chaps. 13, U. 11

An Act making appiiopriations i-ok salaries and expenses Qhr/jj IQ

IN THE OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS.

Be it enacted, etc., as folloivs :

Section 1. The sums hereinafter mentioned are appro- Appropria priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on tlie thirty -first day of December, nine- teen hundred and three, to wit : —

For the salarj^ of the controller of county accounts, controller twenty-five hundred dollars. accounts.

For the salary of the first deputy controller of county FUst deputy. accounts, eighteen hundred dollars.

For tlie salary of the second deputy controller of county second deputy. accounts, fifteen hundred dollars.

For the salary of the third deputy controller of county Third depiity. accounts, twelve hundred dollars.

For travelling and office expenses of the controller of Expenses, county accounts and his deputies, a sum not exceeding twelve hundred dollars.

For printing and binding the annual report of the con- Annual report. troller of county accounts, a sum not exceeding two hun- dred and fifty dollars.

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

Apx>roved January 31, 1903.

An Act making appropriations for the salaries and expenses (J]iqj) \i^ OF the Massachusetts highway commission.

Be it enacted, etc., as foUoics :

Section 1 . The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

For the salaries of the ^Massachusetts highway commis- Massachusetts sion, the sum of eighty-five hundred dollars. highway

commission.

For the salaries of the engineers, clerks and assistants Engineers, in the office of the ]Massachusetts highway commission, ^i*^'"'^^' «^^c- a sum not exceeding thirteen thousand dollars.

For travelling and other expenses of the commission. Expenses, including printing, postage and necessary office expenses, a sum not exceedino- five thousand dollars.

12 Acts; 1903. — Chap. 15.

Rent of offices. Yqj. j^ent of otfices for the use of the commission, a sum not exceeding four thousand seven liundred and fifty dollars.

SSnerv.'''" ^^^ the carc and repak' of road-building machinery, a sum not exceeding fifteen hundred dollars.

Annual report. Yov printing and binding the annual report of the com-

mission, a sum not exceeding twelve hundred dollar;

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

Approved January 31, 1903.

CllClT) 15 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN THE DEPARTMENT OF THE TAX COMMISSIONER.

Be it enacted, etc., as follows :

Appropria- SECTION 1 . The sums hereinafter mentioned are appro-

priated, to be paid out of the treasury of the Commonwealth ' from the ordinar}^ revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

'^"^' i,,,^^,.^ For the salary of the tax commissioner and commis- sioner of corporations, thirty-five hundred dollars.

Deputy. YoY the Salary of the deputy tax commissioner, twenty-

five hundred dollars.

First clerk. For the salary of the first clerk in the department of the

tax commissioner, two thousand dollars.

Second clerk. For the Salary of the second clerk in the department of the tax commissioner, fifteen hundred dollars.

Clerical For sucli additional clerical assistance as the tax com-

missioner may find necessary for the despatch of public business, a sum not exceeding seventeen thousand dollars.

'^™''*'"I^^ For travelling expenses of the tax commissioner and his

deputy, a sum not exceedmg five hundred dollars.

Expenses. Yov incidental and contingent expenses of the tax com-

missioner, and commissioner of corporations, a sum not exceeding thirty-nine hundred dollars.

vauiation ^^^^ cxpcnses of the state valuation, under the direction

of the tax commissioner, a sum not exceeding three thou- sand dollars.

Annual report. For printing and binding the annual report of the tax

commissioner, a sum not exceeding one thousand dollars.

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

Apjproved January 31, 1903.

Acts, 1903. — Chaps. 16, 17, 18. 13

An Act making an appropriation for the state highway (JJiap, 16

LOAN SINKING FUND.

Be it enacted., etc., as folio irs:

• Section 1. The sum of sixty -six thousand four hun- state Highway dred tliree dollars and fifty-nine cents is hereby appropri- Fund. ° " ated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the State Highway Loan Sinking Fund, as provided for by chapter two hundred and sixty-nine of the acts of the year nineteen hundred and one, said sum being the estimate of the treasurer and receiver general.

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

Approved January 31, 1903.

An Act making an appropriation for the Massachusetts QfiQvy^ 27

SCHOOL FUND.

Be it enacted, etc., as folloirs :

Section 1. The sum of one hundred thousand dollars Massachusetts is hereby appropriated, to be paid out of the treasury of \ the Commonwealth from the ordinaiy revenue, for the Massachusetts School Fund, as provided for by section two of chapter forty-one of the Revised Laws. ' Section 2. This act shall take efl'ect upon its passage.

Approved January 31, 1903.

An Act making an appropriation for the state house loans QJiqij^ |8 sinking fund.

Be it enacted, etc., as folloivs :

Section 1. The sum of sixty-nine thousand three hun- state House dred forty-seven dollars and sixty cents is hereby appro- Fund, priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the State House Loans Sinking Fund, as provided for by chapter thirty-nine of the acts of the year eighteen hundred and ninety-five, said sum beins^ the estimate of the treasurer and receiver general.

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

Approved January 31, 1903.

14 Acts, 1903. — Chaps. 10, 20, 21.

Chan. 19 -^^ -^ct making ax appropriation for the medfield insane

ASYLUM LOAN SINKING FUND.

Be it enacted,, etc.,, as folloivs :

imifine Asylum SECTION 1. The suiii of six thousand one hundred i^oan Sinking forty-nine dollars and thirty-seven cents is hereby appro- l)riated, to be paid out of the treasury of the Common wealth from the ordinary revenue, for the Medfield Insane Asylum Loan Sinking Fund, as provided for by chapter three hun- dred and ninety-nine of the acts of the year eighteen hun- dred and ninety-five, said sum being the estimate of the treasurer and receiver general.

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

Approved January 31, 1903.

CllCW. 20 '^^ '^*^^ MAKING AN APPROPRIATION FOR THE MASSACHUSETTS

AVAR LOAN SINKING FUND. ,

Be it enacted^ etc., as follows :

wafLoa^r"^ SECTION 1. The sum of five hundred sixty-sevcn dol- siukingFumi. Iq^^s and fifty-oue cents is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordi- nary revenue, for the Massachusetts War Loan Sinking Fund, as provided for by chapter five hundred and sixty- one of the acts of the year eighteen hundred and ninety- eiffht, said sum beino; the estimate of the treasurer and receiver general.

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

Approved January 31, 1903.

ChciV' 21 -^^ ^'^'^"^ MAKING AN APPROPRIATION FOR THE PERKINS INSTITU- TION AND MASSACHUSETTS SCHOOL FOR THE BLIND.

Be it enacted, etc., as follows :

tiftion^and^"' SECTION 1. The sum of thirty thousand dollars is Massachusetts hereby appropriated, to be paid out of the treasiu-y of the ithe Blind. Commonwealth from the ordinary revenue, to the Perkins Institution and Massachusetts School for the Blind, as pro- vided for by chapter nineteen of the resolves of the year eiijrhteen hundred and sixtv-nine.

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

Approved January 31, 1903.

Acts, 1903. — Chaps. 22, 23, 24 15

An Act making appropriations for the experiment station njiQj) 22

AT THE MASSACHUSETTS AGRICULTURAL COLLEGE.

Be it enacted, etc., as follows :

Section 1 . The sums hereinafter mentioned are appro- Appropria. priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the pm'poses specified, for the year ending on the thu'ty-first day of December, nine- teen hundred and three, to wit : —

For maintaining an agricultural experiment station at ^xix-iim^nf^ the Massachusetts Agricultural Colleoe, the sum of ten station. thousand dollars.

For collecting and analyzing samples of concentrated etc^'^^samfies commercial feed stufts, the sum of twelve hundred dollars, pfc'oncen-

Section 2. This act shall take effect upon its passage, ciai feed stuffs.

Approved January 31, 1903.

An Act making appropriations for the payment of annui- ni^rj^i 2^

TIES to soldiers AND OTHERS.

Belt enacted, etc., as folloics :

Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth *'''°^" from the ordinary revenue, for the payment of annuities and pensions due from the Commonwealth to soldiers and others, during the year ending on the thirty-first day of December, nineteen hundred and three, to wit : —

For annuities to soldiers and others, as authorized by Annuities to the general court, the sum of six thousand nine hundred ®*^''^'^^^' *^'^^- and sixty-eight dollars.

For pensions authorized by the general court, the sum Pensions. of five hundred and twenty dollars.

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

Ajyproved January 31, 1903.

An Act making an appropriation for the removal of wrecks f^Jir/^f 9 A.

FROM tide waters.

Be it enacted, etc., as follows :

Section 1. The sum of three thousand dollars is Removal of hereby appropriated, to be paid out of the treasury of from'tide°°^ the Commonwealth from the ordinary revenue, for the '*^''^^^^^- removal of Avrecks and other obstructions from tide waters,

16 Acts, 1903. — Chaps. 25, 26, 27.

as provided for by section twenty-two of chapter ninety- seven of the Revised Laws, during the year ending on the thirty-first day of December, nineteen liundred and three.

Section 2. This act sliall take effect upon its passage.

Ajip^'oved January 31, 1903.

Chctp. 25 A^ ^^CT MAKIXG AN ArPROPRIATIOX FOR THE PUBLICATION OF A RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS WHO SERVED IN THE WAR OF THE REBELLION.

Be it enacted, etc., as foUoivs :

of^iwOTdTf Section 1. Tlie sum of ten tliousand dollars is hereby

saiiorr ""^^ appropriated, to be paid out of the treasury of the Com- ' mon wealth from the ordinary revenue, for expenses in connection with the publication of a record of Massachu- setts troops and officers, sailors and marines, in the war of the rebellion, as authorized by chapter four hundred and seventy-five of the acts of the year eighteen hundred and ninety-nine.

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

Ajyj^roved Jamcary 31, 1903.

ChaV 26 ^^ ^^^ MAKING AN APPROPRIATION FOR THE WORCESTER POLY- TECHNIC INSTITUTE.

Be it enacted, etc., as folloios :

Polytechnic SECTION 1. The sum of six thousand dollars is hereby

Institute. appropriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, to the Worcester Polytechnic Institute, as provided for by chapter one hundred and fifty-seven of the acts of the year eighteen hundred and ninety-nine.

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

Approved January 31, 1903.

Chan 27 ^^ ^^'^ making an appropriation for THE INSTRUCTION OF THE ADULT BLIND AT THEIR HOMES BY THE PERKINS INSTITU- TION AND MASSACHUSETTS SCHOOL FOR THE BLIND.

Be it enacted, etc., as follows: '^^^^7^^}y°^^^ Section 1. The sum of five thousand dollars is hereby

adult blind. . i> ,^ , r- ^i /-i

appropriated, to be paid out oi the treasury of the Com- monwealth from the ordinary revenue, to provide for the

Acts, 1903. — Chaps. 28, 29, 30. 17

instruction of the adult blind at their homes by the Per- kins Institution and Massachusetts School for the Blind, for the year ending on the thirty-tirst day of December, nineteen hundred and tliree.

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

Approved January 31, 1903.

An Act making an appkopkiation for sukveys, improvements nj^Qq-f 9g

AND preservation OF HARBORS, AND FOR REPAIRING DAMAGES OCCASIONED BY STORMS ALONG THE COAST LINE AND RIVER BANKS.

Be it enacted^ etc., a.sfollov:s:

Section 1. The sum of ten thousand dollars is hereby Preservation appropriated, to be paid out of the treasmy of the Com- monwealth from the ordinary revenue, for surveys of harbors, and for preserving and improving the same, and for repairing damages occasioned by storms along the coast line or river banks of the Commonwealth, during the year ending on the thirty-first day of December, nine- teen hundred and tlu'ee.

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

Approved January 31, 1903.

An Act making an appropriation for the compensation of niinji 99

INSPECTORS of ANIMALS.

Beit enacted, etc., asfoUoivs:

Section 1 . A sum not exceeding seven thousand dol- of aSnual lars is hereby appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the compensation of inspectors of animals, during the year ending on the thirty-first day of December, nineteen hundred and three.

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

Approved Jamiary 31, 1903.

An Act making an appropriation for payment of the tuition (^Jjrjq-i Qf)

of children attending school OUTSIDE OF THE TOWN IN W^HICH THEY RESIDE.

Be it enacted, etc., asfoUoivs:

Section 1. A sum not exoeedinof thirty thousand dol- ™t^9°o*

I'll -1 '^1 • 1 certain

lars IS hereby appropriated, to be paid out ot the treasury children.

18

Acts, 1903. — Chaps. 31, 32.

of the Commonwealth from the ordinary revenue, for pay- ment of the tuition of children in high schools outside of the town in which the}' Viw, in so far as such pa}'nicnt is provided for by section three of chapter fortj^-two of the Revised Laws, as amended by chapter four hundred and thirty-tlirce of the acts of the year nineteen hundred and two.

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

Approved January 31, 1903.

ChClV. 31 -A.N Act MAKnSTG appropriations for the MASSACHUSETTS AGRI- CULTURAL COLLEGE.

Appropria- tions.

Massachusetts

Agricultural

College,

scholarships.

Labor fund,

etc.

Instruction.

Expenses of trustees.

Veterinary- laboratory.

Be it enacted, etc., as foUoivs :

Section 1 . The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the Commonwealth from the ordinaiy revenue, for the Massachusetts Agri- cultural College, for the year ending on the thirty-tirst day of December, nineteen hundred and three, to wit : —

For providing eighty free scholarships, the smn of ten thousand dollars.

To be expended under the direction of the trustees, the sum often thousand dollars, as follows : — Five thousand dollars for the establishment of a labor fund to assist needy students of the said college, and five thousand dollars to provide the theoretical and practical education required by its charter and by the laws of the United States relat- ing thereto.

For providing the instruction called for by its charter and by the law of the United States relating to the col- lege, the sum of eight thousand dollars.

For travelling and other necessary expenses of the trustees of the college, a sum not exceeding five hundred dollars.

For a maintenance fund for the veterinary laboratory at the college, the sum of one thousand dollars.

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

Approved January 31, 1903.

(JJiap. 32 -^^ -'^CT MAKIXG AN APPROPRIATION FOR THE MASSACHUSETTS

INSTITUTE OF TECHNOLOGY.

Massachusetts Institute of Technology.

Be it enacted, etc., as foUoivs:

Section 1. The sum of twenty-nine thousand dollars is hereby appropriated, to be paicl out of the treasury of

Acts, 1903. — Chap. 33. ' 19

the Commonwealth from the ordinary revenue, to the Massachusetts Institute of Teclmology.

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

Approved January 31, 1903.

An Act making appropriations for salaries and expenses rjl^nrv) QQ

IN THE JUDICIAL DEPARTMENT OF THE COMMONWEALTH.

Be it enacted, etc., as foUoios :

Section 1 . The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the thirty-first day of December, nine- teen hundred and three, to wit : —

SUPREME JUDICIAL COURT.

For travelling expenses of the chief justice of the supreme judi- supreme judicial court, five hundred dollars. cwef'justice.

For travelling expenses of the six associate justices of ^|yc°Js*® the supreme judicial court, three thousand dollars.

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

For clerical assistance to the clerk of the supreme clerical judicial coiu't, five hundred dollars. tocierk.*^^

For clerical assistance to the justices of the supreme clerical judicial court, a sum not exceeding twenty-five hundred to'/usti^es. dollars.

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

For the salary of the reporter of decisions of the supreme Reporter of judicial court, four thousand dollars ; and for clerk hire ^'^^^'*°''^' ^t°- and incidental expenses of said reporter, a sum not ex- ceeding two thousand dollars.

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

For the salary of the clerk of the supreme judicial court ^^^^^1^°'' for the county of Suffolk, fifteen hundred dollars.

SUPERIOR COURT.

For the salary and travelling expenses of the chief ci^j^f^ustice!^*' justice of the superior court, seventy-five hundred dollars.

For the salaries and travelling expenses of the twenty Associate

justices.

20

Acts, 1903. — Chap. 33.

Assistant clerk.

associate justices of the superior court, one hundred and forty thousand dollars.

For the salary of the assistant clerk of the superior court, five hundred dollars.

Probate and

insolvency

judges,

Barnstable.

Berkshire.

Bristol. Dukes County.

Essex.

Franklin.

Hampden.

Hampshire.

Middlesex.

Nantucket. Norfolk. Plymouth. Suffolk.

Worcester.

Acting in other counties.

Register, Barnstable.

Berkshire.

COURTS OF PROBATE AND INSOLVENCY.

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

For the salar}^ of the judge of probate and insolvency for the county of Berkshire, twenty-five hundred dollars.

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

For the salary of the judge of probate and insolvency for the county of Dukes County, seven hundred dollars.

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

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

For the salary of the judge of probate and insolvency for the county of Hampden, tliree thousand dollars.

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

For the salaries of the two judges of probate and in- solvency for the county of Middlesex, forty-five hundred dollars each.

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

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

For the salary of the judge of probate and insolvency for the county of Plymouth, two thousand dollars.

For the salaries of the two judges of probate and in- solvency for the county of Suflolk, five thousand dollars each.

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

For the compensation of judges of probate and insol- vency acting in other counties than their own,