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Inhabitants of unincorporated plantations, who
Assessors to no-

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Return of votes pay state taxes, may vote- Plantation meetings

tify, &c.

ART. 3.

44-46.

Governor and council to examine and count votes, and issue summonses. 46.

ART. 4. Senate to be final judge of elections, &c., of its own members Vacancies, how filled.

46, 47.

47.

ART. 5. Qualifications of a senator.

ART. 6. Senate not to adjourn more than two days. 47.
ART. 7. Shall choose its officers and establish its rules.

ART. 8. Shall try all impeachments

tence. 47, 48.

ART. 9. Quorum. 48.

SECTION 3.

47.

Oath Limitation of sen

ARTICLE 1. Representation of the people. 48.

ART. 2. Representatives, by whom chosen Proviso as to towns having less than 150 ratable polls - Towns liable to fine in case, &c. - Expenses of travelling to and from the general court, how paid. 48, 49.

ART. 3. Qualifications of a representative. 49.

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ART. 11. limitation

Senate

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50.

Governor and council may punish-General Trial may be by committee, or otherwise. 50.

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ART. 2. To be chosen annually-Qualifications.

51.

ART. 3. To be chosen by the people, by a majority of votes chosen, when no person has a majority. 51, 52.

How

52.

ART. 4. Power of governor, and of governor and council.
ART. 5. Same subject.

52.

ART. 6. Governor and council may adjourn general court in cases,

&c., but not exceeding ninety days.

53.

ART. 7. Governor to be commander-in-chief — Limitation. 53, 54. ART. 8. Governor and council may pardon offences, except, &c. But not before conviction. 54.

ART. 9. All judicial officers, &c., how nominated and appointed, 54.

ART. 10. Militia officers, how elected How commissioned - Election of officers- - Major-generals, how appointed and commissioned Vacancies, how filled, in case, &c. - Officers, duly commissioned, how removed - Adjutants, &c., how appointed - Organization of militia. 54, 55.

ART. 11. Money, how drawn from the treasury, except, &c. 55. ART. 12. All public boards, &c., to make quarterly returns. 55, 56. ART. 13. Salary of governor — Salaries of justices of supreme judicial court- - Salaries to be enlarged, if insufficient. 56.

SECTION 2.

ARTICLE 1. Lieutenant-governor, his title and qualifications How chosen. 56, 57.

ART. 2. President of council Lieutenant-governor a member of, except, &c. 57.

ART. 3. Lieutenant-governor to be acting governor, in case, &c. 57.

SECTION 3.

ARTICLE 1. Council. 57, 58.

ART. 2. Number; from whom, and how chosen -If senators become councillors, their seats to be vacated.

58.

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ART. 6. Council to exercise the power of governor in case, &c. 58. ART. 7. Elections may be adjourned until, &c.

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Order thereof.

59.

SECTION 4.

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Treasurer

ARTICLE 1. Secretary, &c., by whom and how chosen ineligible for more than five successive years. 59. ART. 2. Secretary to keep records, to attend the governor and council, &c. 59.

CHAPTER III.

ARTICLE 1. Tenure of all commissioned officers to be expressed Judicial officers to hold office during good behavior, except, &c. But may be removed on address. 60.

ART. 2. Justices of supreme judicial court to give opinions, when required. 60.

ART. 3.
ART. 4.

Justices of the peace; tenure of their office. 60.
Provisions for holding probate courts.
60.

ART. 5. Provisions for determining causes of marriage, divorce, &c. 60.

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Duty of legislatures and magistrates in all future periods. 63.

CHAPTER VI.

ARTICLE 1. Oaths of allegiance and office, &c. 63-65.

ART. 2. Plurality of officers prohibited to governor, &c., except, &c. Incompatible offices - Bribery, &c., disqualify. 65, 66. ART. 3. Value of money ascertained - Property qualifications may be increased. 66.

ART. 4. Provisions respecting commission. 67.

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ART. 6.

ART. 7.

ART. 8.

Continuation of former laws, except, &c. 67.
Benefit of habeas corpus secured, except, &c.
The enacting style. 67.

67.

ART. 9.

ART. 10.

Officers of former government continued until, &c. 67, 68.
Provision for revising constitution.

68.

ART. 11. Provision for preserving and publishing this constitution. 68.

AMENDMENTS.

ARTICLE 1. Bill, &c., not approved within five days, not to become a law, if legislature adjourn in the meantime. 69.

ART. 2. General court empowered to charter cities - Proviso. 69. ART. 3. Qualifications of voters for governor, lieutenant-governor, senators and representatives. 69, 70.

- Vacancies

ART. 4. Notaries public, how appointed and removed in the office of secretary and treasurer, how filled, in case, &c. Commissary-general may be appointed, in case, &c. Militia officers,

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Who may vote for captains and subalterns. 70.

Oath to be taken by all officers; or affirmation in case, &c.

ART. 5.

ART. 6. 71.

ART. 7.

Tests abolished. 71.

ART. 9. Amendments to constitution, how made.

ART. 8. Incompatibility of offices. 71.

72.

ART. 10. Commencement of political year; and termination Meetings for choice of governor, lieutenant-governor, &c., when to be held- - May be adjourned-- Articles, when to go into operation Inconsistent provisions annulled. 72, 73.

ART. 11. Religious freedom established. 73, 74.

ART. 12. Census of ratable polls-Representatives, how apportioned. 74, 75.

Senatorial districts

ART. 13. Census of inhabitants Apportionment of representatives and councillors - Freehold as a qualification for a seat in general court or council not required. 75-77. ART. 14. Election by people to be by plurality. 77.

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ART. 15. Time of annual election of governor and legislature. 77. ART. 16. Eight councillors, how chosen-State to be districted Eligibility defined - Day and manner of election Vacancies, how

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ART. 17. Election of secretary, treasurer, auditor and attorneygeneral by the people- Vacancies, how filled To qualify within ten days Qualifications. ART. 18.

79.

School money not to be applied for sectarian schools. 80. ART. 19. Legislature to prescribe for election of sheriffs, registers of probate, &c., by the people. 80.

ART. 20. Reading constitution in English and writing, necessary qualifications of voters-Proviso.

80.

ART. 21. Census of voters and inhabitants

House of representa

tives to consist of 240 members-Legislature to apportion, &c. Qualifications of representatives, and number for quorum. 80-82.

ART. 22. Census of voters and inhabitants Senate to consist of 40 members-Senatorial districts - Proviso Qualifications of senators, and number for quorum. 82, 83.

ART. 23. Residence of two years required of naturalized citizens to entitle to suffrage, or make eligible to office.

Repealed. 83.

ART. 24.

Vacancies in the Senate. 83.

ART. 25. Vacancies in the council. 83.

ART. 26. Twenty-third article repealed.

83, 84.

ART. 27. Officers of Harvard College may be elected members of the general court. 84.

ART. 28. Persons having served in the U. S. army or navy, &c., not to be disqualified from voting, &c. Amended. 84.

ART. 29. General court empowered to provide more than one place of meeting in towns for the election of officers, and to prescribe manner of calling, &c., such meetings. 84.

ART. 30. No person to be disqualified from voting because of a change of residence, until after six months, &c. 84.

ART. 31. Article twenty-eight amended. 84, 85.

ART. 32. So much of article three annulled as makes the payment of a poll tax a prerequisite for voting. 85.

ART. 33. A majority of each branch of the general court to constitute a quorum, &c. 85.

ART. 34. Property qualification of governors annulled. 85.

ART. 35. Clause in relation to payment of travelling expenses of members of the house annulled. 85, 86.

ART. 36. So much of article nineteen as is contained in the words "Commissioners of Insolvency" annulled. 86.

ART. 37. Governor, with the consent of the council, may remove justices of the peace and notaries public. 86.

ART. 38. Voting machines or other mechanical devices for voting may be used at all elections, under regulations. 86.

ART. 39. Article ten of part one amended so as to permit legislature to authorize the taking in fee by the commonwealth, or by a county, city or town, of more land and property than are needed for the laying out, widening or relocating of highways or streets. 86.

ART. 40. Article three of amendments amended so as to exclude from voting persons disqualified by law because of corrupt practices in elections.

86.

ART. 41. Authority given to general court to prescribe certain methods of taxation for wild or forest lands. 86.

ART. 42. Authority given to general court to refer acts and resolves to the people for rejection or approval. 87.

ART. 43. Authority given to general court to authorize the commonwealth to take land, to build thereupon and to sell the same, etc., in order to relieve congestion of population and provide homes for citizens. 87.

ART. 44. Authority given to general court to tax at different rates income derived from different classes of property. 87.

ART. 45. Authority given to general court to provide for absent voting. 87, 88.

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