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bers present, it shall have the force of a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the Commonwealth.

And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the Governor within five days after it shall have been presented, the same shall have the

force of a law.

III. The General Court shall for ever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things whatsoever, arising or happening within the Commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same, whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and making out of exe

cution thereupon: to which courts and judicatories are hereby given and granted full power and authority from time to time to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

IV. And further, full power and authority are hereby given and granted to the said General Court from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welsare of this Commonwealth, and for thegovernmentandordering thereof and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within the said Commonwealth, the election and constitution of whom are not hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and

E 3 military military officers of this Commonwealth, and the forms of such oaths or affirmation? as shall be respectively administered unto them for the execution of their several offices and places, fa as the same be not repugnant or contrary to this Constitution; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying within the said Commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandizes, and commodities whatsoever, brought into, produced, manu-* factured, or being within the same, to be issued and disposed of by warrant under the hand of the Governor os this Commonwealth for the time being, with the advice and Consent of the Council, for the public service, in the necessary de, fence and support of the government of the said Commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. And while the public charges of govern * ment, or any part thereof, mall be assessed on polls and estates, in the manner that has hitherto

to been practised; in order that such assessments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at the least, and as much oftener as the General Court shall order.

§. 2.

SENATE.

I. THERE shall be annually elected by the freeholders and other inhabitants of this Commonwealth, qualified as in this Constitution is provided, forty persons to be Councillors and Senators for the year ensuing their election, to be chosen by the inhabitants of the districts into which the Commonwealth may from time to time be divided by the General Court for that purpose. And the General Court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the Commonwealth, the limits of E 4 each

each district, and the number of Councillors and Senators to be chosen therein; provided that the number of such districts (hall be never less than thirteen, and that no district be so large as to entitle the same to chuse more than six Senators.

And the several counties in this Commonwealth shall, until the General Court shall determine it necessary to alter the said districts, be districts for choice of Councillors and Senators (except that the counties of Dukes-county and Nantucket shall form one district for that purpose), and shall elect the following number for Councillors and Senators, viz.

[table]

II. The Senate shall be the first branch of the legislature; and the Senators shall be chosen in the following manner, viz. There shall he a meeting on the first Monday in April annually,

forever»

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