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next preceding his election, shall have been an inhabitant of the district of representafor which he is chosen, and shall cease to represent such district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be numbered by the board creating the same, and a description of each, with the numbers thereof and the number of legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. Not less than one hundred members of the house one hundred of representatives shall constitute a quorum for doing business; but a members a qua less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.

ART. XXII. A census of the legal voters of each city and town, on Census, &c. the first day of May, shall be taken and returned into the office of the Sce Gen. Stat. secretary of the commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter.

In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of senators for the periods between the taking of the census. The senate shall consist of forty Senate to conmembers. The general court shall, at its first session after each next bist of 40 mempreceding special enumeration, divide the commonwealth into forty dis- Senatorial districts of adjacent territory, each district to contain, as nearly as may be, tricts, &c. an equal number of legal voters, according to the enumeration aforesaid : provided, however, that no town or ward of a city shall be divided there. Proviso. for; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant Qualifications of this commonwealth five years at least immediately preceding his of senators. election, and at the time of his election shall be an inhabitant of the district for which he is chosen; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the commonwealth. Not less than sixteen senators shall constitute a quorum Sixteen memfor doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.

Art. XXIII. No person of foreign birth shall be entitled to vote, Residence of or shall be eligible to office, unless he shall have resided within the juris- quired of natudiction of the United States for two years subsequent to his naturaliza- ralized citizens, tion, and shall be otherwise qualified, according to the constitution and frage or make laws of this commonwealth : provided, that this amendment shall not eligible to ofaffect the rights which any person of foreign birth possessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.

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(NOTE. – The Constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the meantime the constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the convention accordingly Resolved, “ That the said Constitution or Frame of Government shall take place on the last Wednesday of October next; and not before, for any purpose, save only for that of making elections, agreeable to this resolution.” The first legislature assembled at Boston, on the twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted, April 9, 1821.

The tenth Article of Amendment was adopted by the legislatures of the political years 1829–30, and 1830-31, respectively, and was approved and ratified by the people, May 11, 1831.

The eleventh Article of Amendment was adopted by the legislatures of the political years 1832 and 1833, respectively, and was approved and ratified by the people, November 11, 1833.

The twelfth Article of Amendment was adopted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people, the fourteenth day of No vember, 1836.

The thirteenth Article of Amendment was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people, the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles of Amendment were adopted by the legislatures of the political years 1854 and 1855, respectively, and ratified by the people, the twenty-third day of May, 1855.

The twentieth, twenty-first, and twenty-second Articles of Amendment were adopted by the legislatures of the political years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.

The twenty-third Article of Amendment was adopted by the legislatures of the political years 1868 and 1859, respectively, and ratified by the people on the ninth day of May, 1859.)

GENERAL STATUTES

OF THE

COMMONWEALTH OF MASSACHUSETTS.

COMMONWEALTH OF MASSACHUSETTS.

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FIFTY-NINE.

AN ACT

FOR

REVISING AND CONSOLIDATING

THE

GENERAL STATUTES

OF THE

COMMONWEALTH.

Be it enacted by the Senate and House of Represen

tatives, in General Court assembled, and by the authority of the same, in manner following, that is

to say :

(42)

PART I.

OF THE INTERNAL ADMINISTRATION OF THE

GOVERNMENT.

TITLE I.
OF THE JURISDICTION OF THE COMMONWEALTH, LEGISLATURE,
STATUTES, PUBLIC REPORTS, AND DOCUMENTS, STATE

LIBRARY AND OTHER PUBLIC PROPERTY,

CHAPTER 1. – Of the Jurisdiction of the Commonwealth and places ceded to the

United States.
CHAPTER 2. — Of the Legislature.
CHAPTER 3. Of the Statutes.
CHAPTER 4. Of Public Reports and Documents.
CHAPTER 5. – Of the State Library and other Public Property.

CHAPTER 1.

OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES CEDED

TO THE UNITED STATES.

SECTION

SECTION 1. Territorial limits of the commonwealth, and 6. County commissioners to assess damages counties.

on petition of either party. 2. Jurisdiction of the commonwealth.

6. Commissioners to file report, &c. Appeal. 3. Places ceded to the United States and sub- Trial. ject to concurrent jurisdietion.

7. Tender, and costs after refusal. 4. Officers of the coast survey may enter upon 8. Costs, how taxed. lands, erect stations, &c.

9. Penalty for injuring signals, &c.

SECTION 1. The territorial limits of this commonwealth extend one Territorial limmarine league from its sea-shore at low-water mark. When an inlet its of the com

monwealth and or arm of the sea does not exceed two marine leagues in width, between counties. its headlands, a straight line from one headland to the other is equiva- 1859, 280. lent to the shore line. The boundaries of counties bordering on the sea extend to the line of the state as above defined. The jurisdiction of counties separated by waters within the jurisdiction of the state is concurrent upon and over such waters.

SECT. 2. The sovereignty and jurisdiction of the commonwealth Jurisdiction of extend to all places within the boundaries thereof; subject to the rights the commonof concurrent jurisdiction granted over places ceded to the United R. S. 1, $ 1. States.

Sect. 3. The several places ceded to the United States for forts, Places ceded to arsenals, dock-yards, light-houses, hospitals, or other purposes, and over States and subwhich concurrent jurisdiction has been granted to the United States, ject to concur

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