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of the wards of any city so altered, as to increase the number of representatives to which such town or city may be entitled by the next preceding census; and provided further, that to those towns and cities which since the last census have been divided, or had their boundaries or ward lines changed, the General Court, in session next before these amendments shall take effect, shall equitably apportion representation in such manner that the number shall not be greater than it would have been had no such division or alteration been made.

ART. 10. Such towns, places, and wards as have less than six hundred inhabitants, shall be classed by the General Court for the purpose of choosing a representative, so that every such class shall contain at least six hundred inhabitants, and be seasonably notified thereof; and in every such class, the first meeting shall be held in the town, place, or ward wherein most of the inhabitants reside, and afterwards in that which has the next highest number, and so on, biennially, in rotation through the several towns, places, and wards forming the district.

ART. II. Whenever any town, place, or city ward shall have less than six hundred such inhabitants, and be so situated that it cannot conveniently be classed with any other town, place, or ward, the General Court may authorize such town, place, or ward to elect and send to the General Court such proportionate part of the time as the number of its inhabitants shall bear to six hundred; but the General Court shall not authorize any town, place, or ward to elect and send such representative, except as herein provided.

ART. 12. The members of the House of Representatives shall be chosen biennially (1), in the month of November (2), and shall be the second branch of the legislature.

ART. 13. All persons qualified to vote in the election of senators shall be entitled to vote within the district where they dwell, in the choice of representatives.

ART. 14. Every member of the House of Representatives shall be chosen by ballot, and for two years at least next preceding his election shall have been an inhabitant of this state [shall have an estate within the district which he may be chosen to represent of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right],* * shall be, at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent (3), and shall cease to represent such town, parish, or place, immediately on his ceasing to be qualified as aforesaid.

ART. 15. The members of both houses of the legislature

*See amendments.

1. The word "annually" stricken out.

2. The word "March" stricken out.

3. The words "shall be of the protestant religion" stricken out.

shall be compensated for their services out of the treasury of the state, by a law made for that purpose,—such members attending seasonably, and not departing without license.

ART. 16. All intermediate vacancies in the House of Representatives may be filled up from time to time in the same manner as biennial(1) elections are made.

ART. 17. The House of Representatives shall be the grand inquest of the state, and all impeachments made by them shall be heard and tried by the Senate.

Art. 18. All money bills shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills.

ART. 19. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time.

ART. 20. A majority of the members of the House of Representatives shall be a quorum for doing business; but when less than two thirds of the representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid.

ART. 21. No member of the House of Representatives or Senate shall be arrested or held to bail on mesne process, during his going to, returning from, or attendance upon the Court.

ART. 22. The House of Representatives shall choose their own Speaker, appoint their own officers, and settle the rules of proceedings in their own house, and shall be judge of the returns, elections, and qualifications of its members, as pointed out in this Constitution. They shall have authority to punish by imprisonment every person who shall be guilty of disrespect to the House in its presence by any disorderly and contemptuous behavior, or by threatening or ill treating any of its members, or by obstructing its deliberations,-every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any member during his attendance at any session, in assaulting or disturbing any one of its officers in the execution of any order or procedure of the House, in assaulting any witness or other person ordered to attend, by and during his attendance of the House, or in rescuing any person arrested by order of the House, knowing them to be such.

ART. 23. The Senate, Governor, and Council shall have the same powers in like cases, provided that no imprisonment by either, for any offence, exceed ten days.

ART. 24. The journals of the proceedings, and all public acts of both houses of the legislature, shall be printed and published immediately after every adjournment or prorogation; and upon motion made by any one member, the yeas and nays

1. The word "annual" stricken out.

upon any question shall be entered on the journal; and any member of the Senate or House of Representatives shall have a right, on motion made at the same time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal.

Senate.

ART. 25. The Senate shall consist of twenty-four (1) members, who shall hold their office for two years (2) from the first Wednesday of June next ensuing their election.

ART. 26. And that the state may be equally represented in the Senate, the legislature shall, from time to time, divide the state into twenty-four (3) districts, as nearly equal as may be, without dividing towns and unincorporated places; and in making this division they shall govern themselves by the proportion of direct taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district.

ART. 27. The freeholders, and other inhabitants of each district, qualified as in this constitution is provided, shall biennially (4) give in their votes for a senator at some meeting holden in the month of November (5).

ART. 28. The Senate shall be the first branch of the legislature, and the senators shall be chosen in the following manner, namely: every male inhabitant of each town and parish with town privileges, and places unincorporated, in this state, of twenty-one years of age and upward, excepting paupers and persons excused from paying taxes at their own request, shall have a right, at the biennial(6) or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden biennially (7) forever in the month of November (8), to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member.

ART. 29. Provided, nevertheless, That no person shall be capable of being elected a senator (9) [and seized of a freehold estate in his own right of the value of two hundred pounds, lying within the state]* who is not of the age of thirty years, and who shall not have been an inhabitant of this state for' seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen.

ART. 30. And every person, qualified as the constitution

See amendments.

1. The word "twelve" stricken out.
2. The words "one year" stricken out.
3. The word "twelve" stricken out.
4. The word "annually" stricken out.
5. The word "March" stricken out.

6. The word "annual" stricken out.
7. The word "annually" stricken out.
8. The word " March stricken out.

9. The words "who is not of the protestant
religion," stricken out.

provides, shall be considered an inhabitant, for the purpose of electing and being elected into any office or place within this state, in the town, parish and plantation where he dwelleth and hath his home.

ART. 31. And the inhabitants of plantations and places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves toward the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden biennially (1), in the month of November (2), at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and townclerks have in their several towns by this constitution.

ART. 32. The meetings, for the choice of governor, council, and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend), in open meeting, receive the votes of all the inhabitants of such towns and parishes present and qualified to vote for senators, and shall, in said meetings, in presence of the said selectmen and of the town-clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town-clerk shall make a fair record of the same at large in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a superscription expressing the purport thereof; and the said town-clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or parish shall lie, thirty days at least before the first Wednesday of June, or to the secretary of the state at least twenty days before the said first Wednesday of June; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the secretary's office, at least twenty days before the first Wednesday of June.

ART. 33. And that there may be a due meeting of senators on the first Wednesday of June biennially(3), the governor, and a majority 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 first Wednesday of June he shall issue

1. The word "annually" stricken out.

2. The word "March" stricken out.
3. The word "annually" stricken out.

his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day; Provided nevertheless, That for the first year the said returned copies shall be examined by the president and a majority of the council then in office; and the said president shall in like manner notify the persons elected to attend and take their seats accordingly.

ART. 34. And in case there shall not appear to be a senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, namely: The members of the House of Representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up in every district of the state; and in like manner all vacancies in the Senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies happen.

ART. 35. The Senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this constitution.

ART. 36. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time.

Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled on such day or at such place.

ART. 37. The Senate shall appoint their president and other officers, and determine their own rules of proceedings. And not less than thirteen (1) members of the Senate shall make a quorum for doing business; and when less than sixteen (2) senators shall be present, the assent of ten (3), at least, shall be necessary to render their acts and proceedings valid.

ART. 38. The Senate shall be a court, with full power and authority to hear, try, and determine all impeachments made by the House of Representatives against any officer or officers of the state, for bribery, corruption, mal-practice, or maladministration in office; with full power to issue summons or compulsory process for convening witnesses before them; but previous to the trial of any such impeachment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question according to evidence. 1. The word "seven "stricken out. 2. The word " eight" stricken out. 3. The word "five" stricken out.

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