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for the choice of representatives, vote for such representatives in their re spective ward meetings, and the wardens in said wards shall preside impar tially at such meetings, receive the votes of all qualified electors present, sort count and declare them in open ward meetings, and in the presence of the wan clerk, who shall form a list of the persons voted for, with the number of vote for each person against his name, shall make a fair record thereof in the pres ence of the warden, and in open ward meetings; and a fair copy of this lis shall be attested by the warden and ward clerk, sealed up in open ward ment ing, and delivered to the city clerk within twenty-four hours after the close the polls. And the electors resident in any city may at any meetings dulj notified and holden for the choice of any other civil officers for whom they ha been required heretofore to vote in town meeting, vote for such officers in thei respective wards, and the same proceedings shall be had by the warden an ward clerk in each ward, as in the case of votes for representatives. And aldermen of any city shall be in session within twenty-four hours after close of the polls in such meetings, and in the presence of the city clerk sha open, examine and compare the copies from the lists of votes given in the se eral wards, of which the city clerk shall make a record, and return thereof sha be made into the Secretary of State's office in the same manner as selectine of towns are required to do.8
SEC. 6. Whenever the seat of a member shall be vacated by death, resi nation, or otherwise, the vacancy may be filled by a new election.
SEC. 7. The House of Representatives shall choose their speaker, cle and other officers.
SEC. S. The House of Representatives shall have the sole power of in peachment.
ARTICLE IV.-PART SECOND.
SECTION 1. The Senate shall consist of not less than twenty, nor mc than thirty-one members, elected at the same time, and for the same tern
section, article fourth, part first; the third, fourth and fifth sections, article fourth part second; the first section, article fourth, part third; the second and third section article fifth, part first; the second section, article fifth, part second, and the fourt section, article ninth, of the constitution, are so far altered and amended as that th words, 'the first Wednesday of January' are substituted for the words 'second We nesday of May,' in each of said sections; and the provisions of the constitution a so far altered and amended as that the governor and other state officers elected f the political year commencing on the second Wednesday of May, eighteen hundre fifty-one, shall hold their offices till the first Wednesday of January one thousan eight hundred and fifty-three; and there shall be no election of the same in the ye one thousand eight hundred and fifty-one."
8 The foregoing part of section 5 was proposed as an amendment on Mch. 1834, and ratified at the annual town meetings in September, 1834. The amendme of 1834 was modified by an amendment proposed by the legislature on Mch. 24, 186 and ratified at the September town meetings of 1864. It was incorporated in secti 5 in the revision of 1876. Original section 5 and the amendment of 1834 were bo amended by a resolution proposed on Aug. 2, 1847. ratified at the annual Septemb town meetings of 1847, and declared adopted on July 29, 1848. As originally pr posed in 1847 the amendment read as follows:
"The constitution of this state shall be amended in the fifth section of the fir part of the fourth article, by striking out the words, a majority of all the' and inse ing instead thereof, the words, 'the highest number of', and by striking out the wor 'a majority' where they again occur in the same section and inserting instead there the words 'the highest number;' [also in the fourth section of the second part of t fourth article by striking out the words 'a majority of the' and inserting inste thereof the highest number of'; also in the fifth section of the second part of t fourth article by striking out the words 'a majority', and inserting instead there 'the highest number;' also in the third section of the first part of the fifth artic by striking out the words 'a majority of all the' and inserting instead thereof t words 'the highest number of', and by striking out the words 'a majority' where th again occur in the same section and inserting instead thereof the words 'the highe number;'] also in the first amendment to the constitution of this state, by striki out the words 'a majority of all the' and inserting instead thereof the words highest number of."
By the declaratory resolution of July 29, 1848, that part of the foregoing reso tion enclosed in brackets was omitted and apparently was not made a part of constitution.
See Amendments, Articles XXIII and XXV.
as the representatives, by the qualified electors of the districts into which the State shall from time to time be divided.9
SEC. 2. The Legislature, which shall be first convened under this Constitution, shall, on or before the fifteenth day of August in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature at every subsequent period of ten years, cause the State to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall amount to thirty-one, according to the increase in the House of Representatives.
SEC. 3. The meetings within this state for the election of senators shall be notified, held and regulated, and the votes received, sorted, counted, declared and recorded, in the same manner as those for representatives. And fair copies of the list of votes shall be attested by the selectmen and town clerks of towns. and the assessors and clerks of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of the government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives and governor in such town; and shall be notified by the selectmen thereof for that purpose accordingly.10
SEC. 4. The Governor and Council shall, as soon as may be, examine the returned copies of such lists, and also the lists of votes of citizens in the military service, returned into the secretary's office, and twenty days before the said first Wednesday of January, issue a summons to such persons, as shall appear to be elected by a plurality of the votes for each district, to attend that day and take their seats.11
SEC. 5. The Senate shall, on the said first Wednesday of January, annually, determine who are elected by a plurality of votes to be senators in each district; and in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives and such senators, as shall have been elected, shall, from the highest numbers of the persons voted for, on said lists, equal to twice the number of senators deficient, in every district, if there be so many voted for, elect by joint ballot the number of senators required; and in this manner all vacancies in the senate shall be supplied as soon as may be, after such vacancies happen.12
SEC. 6. The senators shall be twenty-five years of age at the commencement of the term, for which they are elected, and in all other respects their qualifications shall be the same, as those of the representatives.
SEC. 7. The Senate shall have the sole power to try all impeachments, and when sitting for that purpose shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members presut. Their judgment, however, shall not extend farther than to removal from office, and disqualification to hold or enjoy any office of honor, trust or profit under this State. But the party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to
SEC. 8. The Senate shall choose their president, secretary and other officers.
* See Articles XXIII and XXV of Amendments.
Amended by the resolutions of Mch. 19, 1844, and Aug. 21, 1850; also by the esolution of Mch. 24, 1864, ratified at the annual September town meetings of 1864, y adding the words "within this state" after the word "meetings" in the first line. Note No. 7.
11 Amended by the resolutions of Mch. 19, 1844, and Aug. 21, 1850; amended, also the resolution of Mch. 24. 1864, and by the resolution of Feb. 24, 1875. See Tore No. 7.
12 Amended by the resolutions of Mch. 19, 1844, and Aug. 21, 1850; amended, also, substituting "plurality" for "majority", by the resolution of Feb. 24, 1875, ratified E the September town meetings of 1875. See Articles XXIII, XXV and XXX of the mendments. See Note No. 7.
ARTICLE IV.-PART THIRD.
SECTION 1. The Legislature shall convene on the first Wednesday of January, annually, and shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States.13
SEC. 2. Every bill or resolution having the force of law, to which the concurrence of both houses may be necessary, except on a question of adjourn ment, which shall have passed both houses, shall be presented to the Governor, and if he apprové, he shall sign it; if not, he shall return it with his objections to the house, in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it. If after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent together with the objections, to the other house, by which it shall be reconsidered, and, if approved by two-thirds of that house, it shall have the same effect, as if it had been signed by the Governor; but in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons, voting for and against the bill or resolution, shall be entered on the journals of both houses respectively. If the bill or resolution shall not be returned by the Governor within five days. (Sundays excepted) after it shall have been presented to him. it shall have, the same force and effect, as if he had signed it, unless the Legis lature, by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting.
SEC. 3. Each house shall be the judge of the elections and qualifications of its own members, and a majority shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties as each house shall provide.
SEC. 4. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds. expel a member, but not a second time for the same cause.
SEC. 5. Each house shall keep a journal, and from time to time publish its proceedings, except such parts as in their judgment may require secrecy; and the yeas and nays of the members of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journals.
SEC. 6. Each house. during its session, may punish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence. for obstructing any of its proceedings, threatening, assaulting or abusing any of its members for anything said, done, or doing in either house; provided, that no imprisonment shall extend beyond the period of the same session.
SEC. 7. The senators and representatives shall receive such compensation as shall be established by law; but no law increasing their compensation shali take effect during the existence of the Legislature which enacted it. The ex penses of the House of Representatives in traveling to the Legislature and returning therefrom, once in each session and no more, shall be paid by the State out of the public treasury to every member, who shall seasonably attend. in the judgment of the house, and does not depart therefrom without leave.
SEC. 8. The senators and representatives shall, in all cases except treason. felony or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the Legislature; and no member shall be liable to answer for anything spoken in debate in either house, in any court or place elsewhere.
SEC. 9. Bills, orders or resolutions, may originate in either house, and may be altered, amended or rejected in the other; but all bills for raising a revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other cases: provided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a rev
13 Amended by the resolutions of Mch. 19, 1844, and Aug. 21, 1850. See Articles XXIII, XXV and XXXI of Amendments, and Note No. 7.
SEC. 10. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which increased during such term except such offices as may be filled by elections by the people. provided, that this prohibition shall not extend to the members of the first Legislature.
SEC. 11. No member of Congress, nor person holding any office under the United States (post-officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either house during his being such member of congress, or his continuing in such office.
SEC. 12. Neither house shall, during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the houses shall be sitting.
SEC. 13. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or prirate legislation,14
SEC. 14. Corporations shall be formed under general laws, and shall not be created by special acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State, 14
SEC. 15. The Legislature shall, by a two-thirds concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this constitution.14
ARTICLE V.-PART FIRST.
SECTION 1. The supreme executive power of this State shall be vested in a Governor.
SEC. 2. The Governor shall be elected by the qualified electors, and shall hold his office one year from the first Wednesday of January in each year.15
SEC. 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared and recorded, in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner, and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January, then next, lay the lists before the Senate and House of Representatives, and also the lists of votes of citizens in the military service returned into the secretary's office, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the House of Representatives shall, by ballot, from the persons having the four highest numbers of votes on the lists, if so many there be, elect two persons and make return of their names to the Senate, of whom the Senate shall, by ballot, elect one, who shall be declared the Governor, 16
SEC. 4. The Governor shall, at the commencement of his term, be not less than thirty years of age; a natural born citizen of the United States, have been five years, or from the adoption of this Constitution, a resident of the State; and at the time of his election and during the term for which he is elected. be a resident of said State.
** Sections 13, 14 and 15 are new sections; they were proposed by the legislature by the resolution of Feb. 24, 1875, ratified at the September town meetings of 1875, and incorporated by the revision of 1876.
Sections 16, 17, 18, 19, 20, 21 and 22 were added by Article XXXI of the Amendments in 1907.
Amended by the resolutions of Mch. 19, 1844, and August 21, 1850. See Article XXIII of Amendments, and Note No. 7.
Amended by the resolutions of Mch. 19, 1844, and August 21, 1850, and by the resolve of Mch. 24, 1864. See Article XXIV of Amendments, and Note No. 7.
SEC. 5. No person holding any office or place under the United States this State, or any other power, shall exercise the office of Governor.
SEC. 6. The Governor shall at stated times, receive for his services a com pensation, which shall not be increased or diminished during his continuanc in office.
SEC. 7. He shall be commander-in-chief of the army and navy of the State and of the militia, except when called into the actual service of the Unite States; but he shall not march nor convey any of the citizens out of the State without their consent or that of the Legislature, unless it shall become neces sary, in order to march or transport them from one part of the State to an other for the defence thereof.
SEC. 8. He shall nominate, and, with the advice and consent of the council appoint all judicial officers, coroners, and notaries public; and he shall als nominate, and with the advice and consent of the council, appoint all othe civil and military officers, whose appointment is not by this Constitution, o shall not by law be otherwise provided for; and every such nomination shal be made seven days, at least, prior to such appointment.17
SEC. 9. He shall from time to time give the Legislature information 6 the condition of the State, and recommend to their consideration such measures as he may judge expedient.
SEC. 10. He may require information from any military officer or an officer in the executive department, upon any subject relating to the duties o their respective offices.
SEC. 11. He shall have power, with the advice and consent of the counci to remit, after conviction, all forfeitures and penalties, and to grant reprieve commutations and pardons, except in cases of impeachment, upon such cond tions, and with such restrictions and limitations, as may be deemed proper, sul ject to such regulations as may be provided by law, relative to the manner ( applying for pardons. And he shall communicate to the Legislature at eac session thereof, each case of reprieve, remission of penalty, commutation € pardon granted, stating the name of the convict, the crime of which he wa convicted, the sentence and its date, the date of the reprieve, remission, con mutation or pardon, and the conditions, if any, upon which the same wa granted.18
SEC. 12. He shall take care that the laws be faithfully executed.
SEC. 13. He may, on extraordinary occasions, convene the Legislature; an in cases of disagreement between the two houses with respect to the time o adjournment, adjourn them to such time as he shall think proper, not beyon the day of the next annual meeting; and if, since the last adjournment, th place where the Legislature were next to convene shall have become dangerou from an enemy or contagious sickness, may direct the session to be held a some other convenient place within the State.19
SEC. 14. Whenever the office of the Governor shall become vacant by death resignation, removal from office or otherwise, the president of the Senate shal exercise the office of Governor until another Governor shall be duly qualified. and in case of the death, resignation, removal from office or disqualification of the president of the Senate, so exercising the office of Governor, the speaker of the House of Representatives shall exercise the office, until a president of the Senate shall have been chosen; and when the office of Governor, president of the Senate, and speaker of the House shall become vacant, in the recess of the Senate, the person, acting as Secretary of State for the time being, shall by proclamation convene the Senate, that a president may be chosen to exercise the office of Governor. And whenever either the president of the Senate or speaker of the House shall so exercise said office, he shall receive only the compensation of Governor, but his duties as president or speaker shall be suspended; and the Senate or House shall fill the vacancy until his duties as Governor shall cease.
17 Modified in substance by the resolutions of Mch. 17, 1855, and Feb. 24, 1875. 18 Amended by the resolution of Feb. 24, 1875, ratified at the town meetings of September, 1875.
19 See Article XXIII of Amendments.