BY HIS EXCELLENCY

MARCUS MORTON,

GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS:

A PROCLAMATION

FOR PROMULGATING THE 13TH AMENDMENT OF THE CONSTITUTION.

WHEREAS, a certain article of amendment of the constitution of this Commonwealth was agreed to in the manner prescribed in said constitution, by the general court of the year one thousand eight hundred and thirty nine, and also by the general court of the year one thousand eight hundred and forty; and whereas, certain resolutions were passed by the legislature on the tenth day of March, now last past, providing for the submitting of said article of amendment to the people for their ratification and adoption, which article of amendment is as follows:

"ARTICLE OF AMENDMENT.

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 year one thousand eight hundred and forty, and of every tenth year thereafter, which census shall determine the apportionment of senators and representatives for the term of ten years.

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 representative; and two thousand four hundred inhabitants shall be the mean increasing number which shall entitle it to an additional representative.

Every town containing less than twelve hundred inhabitants, shall be entitled to elect a representative as many times, within 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 Commonwealth 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 meeting, in each of said towns respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term

of ten years; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants.

The number of inhabitants which shall entitle a town to elect one representative, and the mean increasing number 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 numbers 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 council shall, before the first day of September, apportion the number of representatives which each city, town, and representative district is entitled to elect, and ascertain 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 published forthwith.

Nine counsellors shall be annually chosen from among the people at large, on the first Wednesday of January, or as soon thereafter as may be, by the joint ballot of the senators and representatives assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation or otherwise. No person shall be elected a counsellor, who has not been an inhabitant of this Commonwealth for the term of five years immediately preceding his election; and not more than one counsellor shall be chosen from any one senatorial district in the Commonwealth.

No possession of a freehold or of any other estate shall be required as a qualification for holding a seat in either branch of the general court, or in the executive council:"

And whereas, the said article of amendment was accordingly submitted to the people in their town and city meetings assembled, on the sixth day of the present month of April, and it appears by returns of votes, given on said day and duly transmitted to the secretary of the Commonwealth, that the said article of amendment has been duly approved and ratified by a majority of the qualified voters of the Commonwealth voting thereon:

NOW, THEREFORE, I, MARCUS MORTON, by virtue of authority to me given in the resolutions aforesaid, do issue this, my proclamation, and do hereby announce that the said article of amendment has become a part of the constitution of Massachusetts; and all the people of the Commonwealth are required to take notice hereof, and govern themselves accordingly.

Given at the Council Chamber, in Boston, this 17th day of April, in the year of our Lord one thousand eight hundred and forty, and in the sixty fourth year of the Independence of the United States of America.

BY HIS EXCELLENCY THE GOVERNOR.

MARCUS MORTON.

JOHN P. BIGELOW, Secretary of the Commonwealth.

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS.

THE

GENERAL LAWS

OF THE

Commonwealth of Massachusetts,

PASSED AT THE

JANUARY SESSION, 1841.

NOTE. [The omitted chapters are those which contain the Special Statutes.]

CHAPTER 1.

AN ACT RELATING TO THE CHOICE OF COUNTY COMMISSIONERS
IN THE COUNTY OF BARNSTABLE.

SECTION

SECTION

1. Commissioners to be chosen in Feb

be held on second Monday of March.

ruary, and meeting of examiners to 2. When to take effect.

to be chosen in February, and meeting of examiners to be Monday of March.

held on second

SECT. 1. The inhabitants of the several towns in the county Commissioners of Barnstable shall hereafter hold their meetings for the choice of county commissioners, on such day during the month of February, not less than eight days before the second Monday of March, as shall be determined by the selectmen of such towns for the time being; and the meetings of the board of examiners for said county shall be held on the second Monday of March, instead of the times fixed for holding such meetings, by the seventeenth and eighteenth sections of the fourteenth chapter of the Revised Statutes.

SECT. 2. This act shall take effect from and after its pas- When to take sage. [January 19, 1841.]

effect.

Former act ex

Warrant may be issued to search for

SECT. 1. An act for the preservation of the grouse or tended to 1846. heath hen, passed on the fifteenth day of April, in the year one thousand eight hundred and thirty seven, is hereby extended for the term of five years, from and after the fifteenth day of April, in the year one thousand eight hundred and forty one. SECT. 2. When any person is suspected of having any grouse or heath hen in his possession, taken or killed contrary to the provisions of the said act, any justice of the peace, on received in evi- complaint on oath before him, may issue his warrant, directed to dence of breach the proper officer, to search for the same; and the same proceedings may be had, as are provided in the one hundred and forty second chapter of the Revised Statutes, relating to searches and seizures; and the fact that such grouse or heath hen has been found in the possession of the defendant, may be given in evidence on the trial of the case. [February 4, 1841.]

grouse; fact of possession to be

of the law.

School commit

tees to ascer

tain, yearly,

persons be

years of age, and the sum raised to support schools; and certify to secretary of Common

CHAPTER 17.

AN ACT CONCERNING THE INCOME OF THE MASSACHUSETTS
SCHOOL FUND.

SECT. 1. The school committee of each city and town shall in each year ascertain, by actual examination or otherwise, the the number of number of persons between the ages of four and sixteen years, belonging to such city or town on the first day of May, and shall make a certificate thereof, and also of the sum raised by the city or town for the support of schools, including only wages and board of teachers and fuel for the schools during the said year, and shall transmit the same to the secretary of the Commonwealth, on or before the last day of the following April; which wealth Form certificate shall be in the following form, to wit: We, the school committee of, do certify, from the best information we have been able to obtain, that on the first day of May, in the year there were belonging to said town the number of persons, between the ages of four and sixteen years; and we further certify, that said town raised the sum of dollars for the support of common schools for the said year, including only the wages and board of teachers and fuel for the schools.

of certificate.

}

School Committee.

personally ap

peared the above-named school committee of —, and made oath that the above certificate by them subscribed is true.

Be

Justice of the Peace.

Treasurer to

apportion income of school

fund among towns, that re

turn the recate, according quired certifito the number of persons between 4 and 16 years of age.

fore me, SECT. 2. The income of the Massachusetts School Fund, Secretary and to the first day of June in each year, except the sum of two hundred and forty dollars, appropriated to the support of schools among the Indians, shall be apportioned by the secretary and treasurer, and paid over by the treasurer, on the tenth day of July, to the treasurer of the several cities and towns, for the use of the common schools therein, according to the number of persons therein between the ages of four and sixteen years, ascertained and certified as in the preceding section: provided, however, that no such apportionment shall be made to any city or town which shall not have made, on or before the last day of April, the return required by the preceding section, and the report and returns required by the statute of the year one thousand eight hundred and thirty eight, chapter one hundred and five, or which shall not have raised by taxation, for the support of schools, including only wages and board of teachers and fuel for the schools, during the said year, a sum equal at least to one dollar and twenty five cents for each person between the ages of four and sixteen years, belonging to said city or town on the first day of May of said year.

of school fund tioned from January, 1840,

shall be appor

to June, 1841.

SECT. 3. The income of the Massachusetts School Fund, How income from the fifteenth day of January, one thousand eight hundred and forty, to the first day of June, one thousand eight hundred and forty one, except what is appropriated to schools among the Indians, shall be apportioned and paid over, on the tenth day of July next, to the several cities and towns, according to the number of persons respectively therein, between the ages of four and sixteen years, returned as in the certificate required by the first section of this act, or the certificate required by the third section of the statute of the year one thousand eight hundred and thirty nine, chapter fifty six, and which shall have raised by taxation for the support of schools, during the year one thousand eight hundred and forty, the sum required by said third section, and which shall also have made, on or before the last day of April next, the report and returns required by the statute of one thousand eight hundred and thirty eight, chapter one hundred and five.

board of educa

SECT. 4. So much of the statute of the year one thousand Authority taken eight hundred and thirty eight, chapter one hundred and five, as away from gives the board of education authority to prescribe at what time tion to prescribe the reports and returns of school committees shall be made, and the time of the also so much of the statute of the year one thousand eight hun- school commitdred and thirty nine, chapter fifty six, as is inconsistent with the tees. provisions of this act, is hereby repealed. [February 8, 1841.]

reports, &c. of