receive the evidence of the qualifications of the aforesaid.

persons

NOTE.-On June 19th, 1809, the following act was passed, entitled, “An act, in addition to an act, entitled an act, for regulating towns, setting forth their power, and for the choice of town officers, and for repealing all laws heretofore made for that purpose."

SEC. 1. Be it enacted by the senate and house of representatives in general court assembled, and by the authority of the same, That the following town officers, namely, the clerk, treasurer, selectmen, and assessors, shall be elected by ballot, but all other town officers may be chosen by that, or any other method, as the electors present shall agree upon; and no ballot shall be received at any meeting of the several towns and districts in this commonwealth, for the choice of a town officer, or officers, before nine o'clock in the forenoon, nor after four o'clock, in the afternoon.

Sect. 2. Be it further enacted, That it shall be the duty of every collector of taxes, in the several towns and districts aforesaid, for the two last years immediately preceding the first day of March, annually, and they are hereby severally authorized and directed, to make out and return to the assessors of the several towns and districts, for the time being, or to such other persons as perform the office of assessors, of such towns and districts, thirty days previous to the first day of March annually, an accurate list of the names of all those persons from whom the said collectors shall have received any sum of money, as payment for taxes, for either of said two years, and to the name of each person, each collector shall respectively annex the said sum of money which he shall have so received from such person on the account aforesaid. And it shall be the duty of the said assessors, or of such persons as perform the office of assessors, to receive and examine the list aforesaid, and forthwith to make out an alphabetical list of the names of all those persons, from whom the said collector or collectors shall have received in payment of the taxes assessed in said town, for either of the two years next preceding, a sum of money equal to one poll tax, and two-thirds of a single poll tax, and who, in addition to having paid the said tax, as aforesaid, shall have been taxed for the year next preceding the said first day of March, to the said amount, and whose taxes for either of the said years shall not have been abated. And the said assessors, or other persons performing the office of assessors, for the time being, shall publish the said

VI. Proceedings at elections.

1. IN THE CASE OF GOVERNOR, LIEUTENANT GOVERNOR, SENATORS, AND REPRESENTATIVES TO THE GENERAL COURT.

At the meetings for these elections, the selectmen of Fid. c. 2, 6. 1, art. 3. the several towns, and assessors of plantations, shall pre

Const. e. 1, s. 2, art. 2.

alphabetical list, by posting up the same in two or more public places, in such towns or districts, fourteen days, at least, before the annual meeting for the choice of town and district officers, in their respective towns or districts; and shall also furnish the moderator of such meeting with a like alphabetical list; and if the said collectors, assessors, or persons performing the office of assessors, shall unreasonably refuse, or neglect to make out their respective lists, and to return, publish, and furnish the same as aforesaid, they shall for each offence, severally forfeit a sum not exceeding five hundred dollars, nor less than fifty dollars, to be recovered by action of debt, or by indictment in any court proper to try the same; one moiety thereof to the use of the poor of the town, and the other moiety to the person or persons who shall sue or prosecute therefor.

SEC. 3. Be it further enacted, That the freeholders and other inhabitants of each town and district, being citizens of the United States, and being twenty-one years of age, or upwards, whose names shall be on the said alphabetical list, shall be legally entitled to act and vote at any legal meeting of the said inhabitants : and if any person not so legally qualified and entitled to act, and vote as aforesaid, shall give a ballot, or otherwise act, or vote at any such meeting, or if any person so legally qualified, shall at any one time of balloting, at any such election, fraudulently give in more than one vote, for one person, for either of said offices, every such person shall, for every such offence, forfeit a sum not less than thirty dollars, nor more than two hundred dollars, to be recovered as aforesaid.

SEC. 4. Be it further enacted, That no person shall be permitted to give his vote at any meeting, for the choice of the town and district officers before named, unless his name be found upon said alphabetical list; and any moderator of such meeting, wilfully and knowingly permitting any person to vote, contrary to the provision of this act, shall forfeit one hundred dollars, for every such offence, to be recovered as aforesaid.

side impartially (1); and shall receive the votes (2) of all

Ibid. ib. s. 2, art. 1.

the inhabitants of such towns, present and qualified, and Stat. 1795, c. 54, s. 1. shall sort and count them, in open town meeting, and in presence of the town clerk, who shall make a fair record,

Selectmen or assessors to preside at

these meetings... sort

the votes....seal them,

the secretary of the

in presence of the selectmen, and in open town meeting, and direct them to of the name of every person voted for, and of the num- commonwealth. ber of votes against his name; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, expressing the purport of the contents thereof.

Ibid. c. 2, s. 1, art. 3.
Ibid. c. 2, s. 2, art. 1.

When the votes are thus sealed, they must, (excepting votes for representatives) be transmitted to the sheriff of Const. c. 1, s. 2, art.2. the county, wherein the town lies, thirty days at least, before the last Wednesday in May; in which case, the The votes to be resheriff must return them to the secretary's office, seventeen days at least, before the said last Wednesday in May. But if the clerk omits to transmit them to the sheriff, he or the selectmen must cause them to be returned to the

(1) By statute, 1795, c. 55, s. 3, it is enacted, that the selectmen and assessors, authorized and required to preside in any meeting of a town or plantation, which shall be convened for the election of governor, lieutenant governor, counsellors, and senators, electors of the president of the United States, representatives in congress, or representatives in the legislature of this commonwealth, shall have all the powers which are legally vested in the moderator of town meetings, for the regulation thereof. And in such meetings, the selectmen or assessors presiding shall have power, and it shall be their duty to refuse the vote of any person, not qualified to be an elector, whose qualifications shall be determined according to the constitution of this commonwealth, or the constitution of the United States, as the case may be.

(2) By stat. 1800, c. 74, s. 2. it is enacted, that whenever a meeting is holden in any town or place, for the purpose of choosing persons for counsellors and senators, the selectmen or assessors, presiding at such meeting, be, and hereby are directed to call on the voters in such meeting, qualified for choosing such officers, requiring each of them to give in their votes on one list, for as many different persons as are then to be chosen to the same office.

turned to the secretary's office.

Return of votes for representatives to the general court.

secretary's office, seventeen days at least, before the said last Wednesday in May.

When a representative is elected, it is the duty of the Stat. 1795, c. 54, s. 1. selectmen to cause the person thus elected, to be notified thereof, by a constable of the town, or any other person specially authorized for that purpose by the selectmen, within three days next afterwards; and the selectmen present, or the major part of them, shall make and sign a certificate and return of such election; and shall cause the same to be delivered into the office of the secretary of the commonwealth, on or before the last Wednesday of the same month; or such election shall be certified to the house of representatives, to their acceptance.

See Append. No. 1.

Stat. 1806, c. 26. The seals of the re turns to remain upbroken.

Const.

Const. c. 2, s. 1, art. 3.

Votes for governor to

be examined by the

senate and house of

representatives.

Ibid. s. 2, art. 1.

Votes for lieutenant

The form of this certificate is prescribed by statute. When the votes are returned into the secretary's office, the seals thereof shall not be broken, but the same shall be kept entire, as they were received, until delivered by him to those whose province it is to examine into and decide the election. Which votes thus returned, must be delivered by the secretary on the last Wednesday of May.

The returns for governor are to be examined by the senate and house of representatives. And in case of an election by a majority of all the votes returned, the choice shall be by them declared and published: but if no person shall have a majority of votes, the house of represen tatives shall, by ballot, elect two out of four persons, who had the highest number of votes, if so many shall have been voted for; but, if otherwise, out of the number voted for; and make return to the senate of the two persons so elected; on which the senate shall proceed, by ballot, to elect one, who shall be declared governor.

The return of the votes for lieutenant governor, and the declaration of his election, shall be in the same manner as that of governor. And if no one person shall be found to same manner as those have a majority of all the votes returned, the vacancy shall be filled by the senate and house of representatives,

governor to be examined, etc. in the

for governor.

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.

Const. c.1, s. 2, art. 4.

The senate to judge

members.

If there be not a suf

nators chosen by the ople in such case

The senate shall be the final judge of the elections, returns, and qualifications of their own members, as pointed out in the constitution; and shall, on the last Wednesday of the el-etions, r turns, and qualificain May, annually, determine and declare who are elect- tions of their own ed by each district, to be senators, by a majority of votes. And in case there shall not appear to be the full number of senators returned, elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz. The members of the house of representatives, and such senators as shall be declared fient number of seelected, 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 senators, sufficient to fill up the vacancies in such districts; and in this manner all such vacancies shall be filled up in every district of this commonwealth; 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 shall happen.

how the defien ney shall be supplied.

Ibid. art. 3.

Governor to issue his

tors chosen.

And that there may be a due convention of senators, on the last Wednesday of May, annually, the governor, with five of the council, for the time being, shall, as soon summons to the senaas 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.

The house of representatives shall be the judge of the Const. c. 1, s. 3, art. 10. House of representa returns, elections, and qualifications of its own members, tives to be the judge as pointed out in the constitution.

of the elections of its own members.

And whereas the elections appointed to be made by Ibid. c. 2, s. 3, art. 7. the constitution, on the last Wednesday in May, annual- Order of efection.

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