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Selectmen, and in open town-meeting, of the name of every perfon voted for, and of the number of votes against his name; and a fair copy of this record fhall be attested by the Selectmen and the Town-clerk, and fhall be fealed up, rected to the Secretary of the Commonwealth for the time being, with a fuperfcription expreffing the purport of the contents thereof, and delivered by the town-clerk of fuch towns to the sheriff of the county in which fuch town lies, thirty days at least before the last Wednefday in May annually; or it fhall be delivered into the Secretary's office feventeen days at least before the faid last Wednesday in May; and the fheriff of each county fhall deliver all fuch certificates by him received into the Secretary's office seventeen days before the faid laft Wednesday in May.

And the inhabitants of plantations unincorporated, qualified as this Conftitution provides, who are or shall be impowered or required to affefs taxes upon themselves towards the fupport of government, fhall have the fame privilege of voting for Councillors and Senators in the plantations where they refide, as town inha bitants have in their respective towns; and the plantation meetings for that purpose shall be

held

held annually on the fame first Monday in April, at such place in the plantations refpectively as the affeffors thereof fhall direct; which affeffors fhall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and town-clerks have in their feveral towns by this Conftitution. And all other perfons living in places unincorporated (qualified as aforefaid) who shall be affeffed to the fupport of government by the affeffors of an adjacent town, fhall have the privilege of giving in their votes for Councillors and Senators, in the town where they fhall be affeffed, and be notified of the place of meeting by the Selectmen of the town where they fhall be affeffed, for that purpose accordingly.

III. And that there may be a due convention of Senators on the last Wednesday in May annually, the Governor and five of the Council for the time being fhall, as foon as may be, examine the returned copies of fuch records; and fourteen days before the faid day he fhall iffue his fummons to fuch perfons as shall appear to be chosen by the majority of voters, to attend on that day and take their feats accordingly; provided nevertheless, that for the first

year

year the faid returned copies fhall be examined by the Prefident and five of the Council of the former Constitution of Government; and the faid Prefident fhall, in like manner, iffue his fummons to the perfons fo elected, that they may take their feats as aforefaid.

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IV. The Senate fhall be the final judge of the elections, returns, and qualifications of their own members, as pointed out in the Conftitution; and shall, on the said last Wednesday in May annually, determine and declare who are elected by each district to be Senators by a majority of votes and in cafe there fhall not appear to be the full number of Senators elected by a majority of votes for any diftrict, the deficiency shall be supplied in the following manner, viz. The Members of the House of Representatives, and fuch Senators as shall be declared elected, fhall take the names of fuch perfons as fhall be found to have the highest number of votes in fuch diftrict, and not elected, amounting to twice the number of Senators wanting, if there be fo many voted for; and out of these shall elect by ballot a number of Senators fufficient to fill up the vacancies in fuch diftrict and in this manner all fuch vacancies

fhall

fhall be filled in every district of the Commonwealth; and in like manner all vacancies in the Senate, arifing by death, removal out of the State, or otherwife, fhall be fupplied as foon as may be, after fuch vacancies fhall happen.

V. Provided nevertheless, that no person shall be capable of being elected as a Senator, who is not seized in his own right of a freehold within this Commonwealth of the value of three hundred pounds at leaft, or poffeffed of perfonal eftate to the value of fix hundred pounds at leaft, or of both to the amount of the fame fum, and who has not been an inhabitant of this Commonwealth for the space of five years immediately preceding his election, and at the time of his election he fhall be an inhabitant in the district for which he shall be chofen.

VI. The Senate thall have power to adjourn themselves, provided fuch adjournments do not exceed two days at a time.

VII. The Senate fhall chufe its own Prefident, appoint its own officers, and determine its own rules of proceedings.

VIII. The Senate fhall be a court with full authority to hear and determine all impeachments made by the Houfe of Representatives against

against any officer or officers of the Commonwealth, for mifconduct and mal-adminiftration in their offices. But previous to the trial of every impeachment, the Members of the Senate shall respectively be fworn, truly and impartially to try and determine the charge in question according to evidence. Their judgment, however, fhall not extend further than to removal from office, and difqualification to hold or enjoy any place of honour, truft, or profit, under this Commonwealth: but the party fo convicted fhall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. Not lefs than fixteen Members of the Senate fhall conftitute a Quorum for doing bufinefs.

HOUSE OF

§ 3.

REPRESENTATIVES.

I. THERE shall be in the legislature of this Commonwealth a Representation of the People, apnually elected, and founded upon the principle of equality.

II. And

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