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STATE LIBRARY.

Three trustees

governor, &c.

Duties of trustees.

Librarian and assistant.

Trustees and

State library to SECTION 1. There shall be in the state house a state library for the be in state house - when use of the governor, lieutenant-governor, council, senate, house of repopen.

resentatives, and such officers of the government, and other persons, as R. S. 11, $ 9. 1849, 155, $ 2. may be permitted to use the same, to be kept open every day except

Sundays and public holidays.

SECT. 2. The library shall be under the management and control of appointed by three trustees appointed by the governor by and with the advice and con1850, 182, $ 1. sent of the council, who shall hold their offices for three years unless

sooner removed. The trustees now in office shall hold their offices according to the tenor of their commissions unless sooner removed.

Sect. 3. The trustees shall superintend the library, sell or otherwise R. S. 11, § 11.

dispose of such books belonging thereto as they deem unsuitable for its 1850, 182, $S 1, 2. purposes, see that its apartments are properly prepared for the accom

modation of persons permitted to use the same; and make and enforce such rules for its regulation as they think proper.

SECT. 4. The secretary of the board of education shall be librarian.

He 1819, 155, $ 1. may appoint an assistant, who as assistant librarian and clerk of the 1859, 64. board of education shall receive an annual salary of fifteen hundred

dollars payable quarterly out of the treasury of the commonwealth.

Sect. 5. The trustees and librarian, at an expense not exceeding five librarian may employ assist hundred dollars, may employ such assistance as is necessary for the

accommodation of visitors, for the protection and care of the library, Resolves, 1857, 49, $ 2.

and for the performance of any labor the librarian may require. Books, &c., be- SECT. 6. All books, laws, maps, documents, and other publications to be placed ine belonging to the state and for public use, except such as by order of the library. respective departments of the government are now retained in the senR. S. 11, $ 10. 1849, 155, $ 2. ate chamber, in the hall of the house of representatives, and in the

department of the secretary of the commonwealth, shall be deposited and suitably arranged in the library, and shall be under the care of the

librarian. Annual appro

SECT. 7. Twenty-three hundred dollars shall be annually appropriPriation for li ated for the library, and expended under the direction of the trustees R. S. 11, 12 and librarian in purchasing or otherwise procuring such books, maps, 1850, 182, 1.

charts, and works, as they deem most useful, in binding and keeping in 1857, 49, $ 1. good condition the works therein, and in purchasing furniture and other

necessary conveniences therefor.

Sect. 8. The librarian shall annually report to the legislature the Port to legisla- receipts and expenditures on account of the library, with a list of books, 1819, 155, $ 3. maps, and charts, lost, missing, or acquired, since the last report, speci

fying those obtained by exchange, donation, or purchase; and shall in his report make suggestions for the improvement of the library.

ance.

Resolves

1858, 2.

Librarian to re

See Ch. 4.

OTHER PUBLIC PROPERTY.

Committee on

Sect. 9. There shall be annually appointed by the senate and house itate house, &c. of representatives, a joint standing committee on the state house, con

sisting of two members of the senate and five of the house, who shall report to the legislature what repairs and improvements are necessary to be made in and upon the state house and the grounds connected

therewith, together with an estimate of the expenses. Charge of state Sect. 10. The state house and lands appartenant in Boston, the property. R. $. 11, 891-3.

state arsenal at Cambridge, the state prison at Charlestown, the state lunatic hospitals at Worcester, Taunton, and Northampton, the hospital

at Rainsford Island, the state reform school at Westborough, the indus1855, H2. trial school for girls at Lancaster, the state almshouses at Monson, 1856, 247.

Tewksbury, and Bridgewater, the state normal schools at Framingham,
Westfield, Bridgewater, and Salem, and other property of the common-

1839, 72. 1852, 275. 185.3, 318.

Resolves 1838, 70.

1854, 52.

Ch. 75, § 25.

wealth, shall continue in charge of the persons designated by the several 1863, 49. laws in relation thereto.

SECT. 11. The trustees or inspectors of each state lunatic hospital, Trustees, &c., state almshouse, the hospital at Rainsford Island, reform school for boys, tutions to make and industrial school for girls, shall annually on the thirtieth day of Sep- inventories &c lember, cause to be made an accurate inventory of the stock and supplies See Chosi, on hand, and the value and amount thereof, at such institution, under $2754.

Ch. 73$ 6. the following heads:

Ch. 70, Š 7. Live stock on the farm; produce of the farm on hand; carriages and agricultural implements; machinery and mechanical fixtures; beds and bedding in the inmates' department; other furniture in the inmates' department; personal property of the state in the superintendent's department; ready-made clothing; dry goods; provisions and groceries; drugs and medicines ; fuel ; library.

Sect. 12. Public magazines, munitions of war, entrenching tools, Custody of and all other implements of war belonging to the commonwealth, shall

, magazines, &c.

, to when not in actual use, be in the custody of the adjutant-general; he marked. shall at the public expense also provide suitable places for their safe R. S. 11, $$ 6, 7. keeping, and shall have the care and management of all lands held by the commonwealth for military uses. Such tools and implements shall be designated as the property of the commonwealth by suitable permanent brands or marks on each of them.

SECT. 13. Whoever purchases, retains, or has in his possession, any Penalty for partool or implement so marked or branded, and not delivered to him by a boring, sc, person thereto authorized, shall be punished by fine not exceeding ten branded. times the value of such tool or implement.

R. S. 11, $ 7. Sect. 14. Whoever wilfully defaces, mars, or injures, the walls, for defacing, wainscoting, or any other part, of the state house, or other building, or ecc., of the state. the appurtenances thereof, belonging to the commonwealth, by cutting, R. 3. 11, 9 8.

See Ch. 14, $ 53 writing, or in any other manner, shall for each offence forfeit å sum not less than five dollars.

CONVEYANCES OF PUBLIC LANDS. Sect. 15. All conveyances of land or flats of the commonwealth Conveyances,

how approved shall be subject to the approval of the governor and council.

1859, 223.

TITLE II.

OF ELECTIONS.

CHAPTER 6.- Of the Qualifications of Electors.
CHAPTER 7.–Of the manner of conducting Elections and returning Votes.
CHAPTER 8.- Of the Election of Governor and other State Officers.
CHAPTER 9.– Of the Election of Representatives in Congress and Electors

of President and Vice President.
CHAPTER 10.-Of the Election of District and County Officers.

CHAPTER 6.

OF THE QUALIFICATIONS OF ELECTORS.

SECTION
1. Qualifications of voters at town, county,

and other elections.
2. Collectors of taxes to keep a list of persons

who have paid their taxes, and upon request

to give receipts.
3. Collectors to return lists to selectmen twice

a year.
4. Penalty for neglect, and for a false return.
5. Mayor and aldermen and selectmen to make

and post up lists of voters.
6. to be in session for receiving evidence of

qualifications, and to give notice thereof.

SECTION
7. Sessions of mayor and aldermen and select-

men in places where voters exceed one thou.

sand. 8. Provisions as to correcting lists of voters. 9. Naturalization papers to be produced for

inspection. 16. Penalty for giving false answers. 11. Mayor and aldermen and selectmen, when

not answerable for omissions. 12. Penalty for wilful neglect by city or town

officers

Qualifications

art. 3, 20, 23. R. S. 3, § 1. 11 Pick. 538.

Collectors to re

SECTION 1. Every male citizen of twenty-one years of age and town, county, upwards, (except paupers, persons under guardianship, and persons and other elea excluded by articles twenty and twenty-three of the amendments to the Amend. const. constitution,) who has resided within the state one year, and within the

city or town in which he claims a right to vote six months next preced

ing any election of city, town, county, or state officers, or of representaSOM.et. 162, 298, tives to congress, or electors of president and vice-president, and who 7 Gray, 299. has paid, by himself, his parent, master, or guardian, a state or county

tax assessed upon him in this state within two years next preceding such election, and every citizen exempted from taxation but otherwise qualified, shall have a right to vote in all such elections; and no other

person shall have such right to vote. Collectors of Sect. 2. The collectors of state and county taxes in each city and taxes to keep list of persons

town shall keep an accurate account of the names of all persons from who have paid whom they receive payment of any state or county tax, and of the time taxes, and to give receipt.

of such payment; and upon request shall deliver to the person paying R. $. 3, $ 2. the same a receipt specifying his name and time of payment; and such

receipt shall be admitted as presumptive evidence thereof.

Sect. 3. The collectors, whether the time for which they were turn lists to se chosen has expired or not, shall twice in each year, namely, once not

more than twenty nor less than fifteen days before the annual city or

town elections, and once not more than twenty nor less than fifteen R. S. 3, $ 3. days before the Tuesday next after the first Monday in November, City charters.

return to the mayor and aldermen and selectmen of their respective cities and towns, an accurate list of all persons from whom they have received payment of any state or county tax subsequently to the time

appointed for making their last preceding return. Penalty for neg- Sect. 4. Every collector neglecting to make such return shall forfeit

one hundred dollars for each neglect; and twenty dollars for every R. S. 3, § 4. name in respect to which he makes a false return. Mayor and al- Sect. 5. The mayor and aldermen and selectmen of cities and towns dermen and se- shall, at least ten days before the annual city and town elections and at make and post least ten days before the Tuesday next after the first Monday in Novemup lists of vo

ber annually, make correct alphabetical lists of all the persons qualified Amend. const. to vote for the several officers to be elected at those periods, and shall R. S. 3, 85. at least ten days before said elections cause such lists to be posted up

in two or more public places in their respective cities and towns. to be in seg- Sect. 6. The mayor and aldermen and selectmen shall be in session ing evidence of at some convenient place for a reasonable time, within forty-eight hours qualifications, next preceding all meetings for the elections of the officers aforesaid, and to give notice thereof. for the purpose of receiving evidence of the qualifications of persons R. S. 3, $ 6. claiming a right to vote in such elections, and of correcting the lists of 10 Cush. 143.

voters. Such session shall be holden for one hour at least before the

lectmen twice a
year.
Amend. const.
art. 15.

4 Pick. 118. 7 Pick. 286.

lect and for false return.

ters.

ers exceed one

opening of the meeting on the day of the election, and notice of the tíme and place of holding the sessions shall be given by the mayor and aldermen and selectmen upon the lists posted up as aforesaid.

SECT. 7. In every place where the number of qualified voters exceeds Sessions in pla one thousand, a like session of the mayor and aldermen or selectmen shall be holden on the day immediately preceding the meeting, and for thousand.

K. S. 3, § 7. as much longer time previous to said day as they judge necessary for the purpose aforesaid. "When the day immediately preceding such meeting is Sunday, such session shall be holden on the Saturday preceding.

SECT. 8. The selectmen shall also enter on such lists the name of Correcting lists any person known to them to be qualified to vote, and shall erase there- 1839, 42,99 4. from the name of any person known to them not to be qualified. 1839, 165, $ 3.

SECT. 9. The mayor and aldermen and selectmen before entering Naturalization upon the lists the name of a naturalized citizen, shall require him to papers to be produce for their inspection his papers of naturalization and be satisfied Amend. const., that he has been legally naturalized; but they need not require the pro- 1865, 416. duction of such papers after they have once examined and passed upon them.

Sect. 10. Whoever gives a false name or a false answer to the Penalty for givmayor and aldermen or selectmen when in session for the purposes swers. aforesaid, shall forfeit the sum of thirty dollars for each offence.

R. S. 3, § 8. Sect. 11. The mayor and aldermen and selectmen, if they have Şelectmen, &c., duly entered on said lists the names of all persons returned to them by the collectors, shall not be answerable for any omissions therefrom. R. S. 3, $ 9.

Sect. 12. A city or town officer who wilfully neglects or refuses to Penalty for perform any duty required of him by the provisions of this chapter, shall poglect ide, by for each offence forfeit a sum not exceeding two hundred dollars.

when not answerable.

R. S. 4, $ 11.
1839, 42, $ 6.
7 Greenl. +11.
1 East 503.
11 Johns. 114.
1 N. H. 88.
11 S. & R. 35.
11 Mass. 350.

CHAPTER 7.

OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING VOTES.

SECTION

SECTION 1. Elections not to be held on days designated 18. Returns by mail. by law for military duty.

19. When return is unsealed, secretary to give 2. Veetings, when to be opened. Selectmen, notice to returning officers, who shall trans

&c., to decide whether officers shall be vot- mit a sealed copy. ed for on one or on separate ballots.

20. Secretary to furnish blanks, &c., to citics 2 Meetings, how called, time to be kept open. and towns. 4. Secretary of commonwealth to provide en- 21. to record date of receiving returns, &c. velopes.

22. Votes for governor, &c., by whom exam5. City and town clerks to procure envelopes ined. from secretary

23. Governor to certify examination of returns & Selectmen and ward officers to provide en- for governor, &c. velopes at polls on the day of election.

24. Envelopes and returns to be preserved, and 7. Persons fraudulently obtaining envelopes with certificate, &c., laid before legislature. liable to a fine.

25. Votes for county commissioners, by whom & Selectmen to preside at elections.

examined. Penalty for neglect. 9. Présiding officers at elections to have a list 26. Board to file copies in clerk's office. Penof voters and check names.

alty for neglect. 10. Selectmen when not answerable for refus- 27. Votes for county treasurer and register of ing to receive votes.

deeds, by whom examined. 11. Moderator shall receive votes of all persons 28. Penalty for voting if not qualified. on lists, and may refuse all others.

29. for giving more than one ballot. 12. Manner of depositing votes, &c.

30. for giving false answers. 13. Votes when to be rejected, &c.

31. for attempting to influence voters by 14. Results of elections, how determined. No bribery or threats. choice in certain cases.

32. for aiding unqualified persons to vote. 15. Selectmen and ward officers to count yotes. 33. for disorderly conduct at elections. 16. Mayor and aldermen and clerk to examine 34. on town or city officers for neglect of

returns, and if faulty require new returns. duty, Other regulations.

35. on clerks neglecting to return votes. 17. City and town clerks to make returns of 36. Elections in cities. votes to secretary, &c.

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Officers to be
voted for on

1857, 311.

1851, 226, $2.

Elections not to SECTION 1. No meeting for the election of national, state, district, designated for county, city, or town officers shall be held on a day upon which the military duty. militia of the commonwealth are by law required to do military duty. Meetings, when

SECT. 2. Meetings for the election of national, state, district, and to be opened. county officers may be opened as early as nine o'clock in the forenoon,

and shall be opened as early as two o'clock in the afternoon of the elecrate ballotsepa- tion day; and the mayor and aldermen and selectmen shall decide 1811, 70. whether such officers shall be voted for on one ballot or at the same time

on separate ballots, and shall give notice thereof in the warrant calling

the meeting Meetings, how SECT. 3. Such meetings in towns shall be called by the selectmen in called, time to be kept open.

the manner ordered by the towns, and in cities according to the provisR. S. 15, § 19. ions of the acts establishing them and the acts in addition thereto; City charters. 1839, 42, $ 2. and the warrant for notifying such meetings shall specify the time when 1839, 165, $ 3.

the polls for the choice of the several officers shall be opened, and the See Ch. 9, § 10. same shall be kept open at least two hours, and in towns for such longer

time as a majority of the voters present shall by vote direct; but in no

case shall the polls be kept open after the hour of sunset. Secretary of Sect. 4. The secretary of the commonwealth shall provide and keep to provide enve. constantly in his office a sufficient number of self-sealing envelopes to lopes, supply all the voters in the commonwealth, and shall furnish the same 1853, 36, 2.

to the clerks of the several cities and towns when applied for. Such envelopes shall be of uniform size and color and bear the arms of the

commonwealth, and no other envelopes shall be used at the polls. Clerks to pro

SECT. 5. The city and town clerks shall obtain from the secretary from secretary, such number of envelopes as may be sufficient to meet the wants of the 1851, 226, $ 3. voters of their respective cities and towns, and keep the same subject 1863, 36, $ 2.

to the order of the selectmen of towns, or the wardens and inspectors of cities.

SECT. 6. The ward officers in each city and the selectmen of each to provide envelopes at polls. town shall obtain from the city or town clerks and provide at the polls 1851, 226, $ 3.

on the day of election a sufficient number of such envelopes, and supply 1856, 173, $ 10. each person claiming to be a voter in said city or town, on his personal

application, with such number as the pending election may require, and

return to the clerk all envelopes not used. Fraudulently Sect. 7. Whoever wilfully claims to be a voter, knowing that he is obtaining envelopes.

not a voter where the claim is made, and by reason thereof fraudulently 1851, 226, $ 7. obtains an envelope from the persons having the custody of the same on

the day of the election, shall be liable to a fine of not less than ten nor

more than fifty dollars.
Selectmen to
preside.

SECT. 8. Åt town meetings for the election of national, state, dis-
Consty

: 1; 82zart: trict, and county officers, the selectmen shall preside; and shall have all 2, & 2, art. 1.

the
powers

which are vested in moderators.
Amend. const.
art. 16, 17. R. S.

Sect. 9. The presiding officers at meetings held for the election of 5,66-8, $ 16. town or other officers, shall be provided with a complete list of the per- 15, $ 26.

sons qualified to vote at such election; and no person shall vote at an Presiding off

election whose name has not been previously placed on such list, nor

until the presiding officers find and check his name thereon.
R. S. 4, $ 3.
1839, 42, $ 5.

Sect. 10. The selectmen shall not be answerable for refusing the

vote of any person whose name is not on the list of voters, unless such Selectmenwhen not answerable person before offering his vote furnishes them with sufficient evidence for refusing of his having the legal qualifications of a voter at such meeting, and R. S. 3, $ 9. requests them to insert his name on said list. 5 Met. 298. Votes, what

Sect. 11. The moderator of a town meeting shall receive the votes

of all persons whose names are borne on the list of voters as certified R. S. 3, § 10. by the selectmen; and shall not be answerable for refusing the vote of

a person whose name is not on said list. how deposit- SECT. 12. No vote shall be received by the presiding officers at any ed.

election provided for in this chapter, unless presented for deposit in the

Selectmen &c.

1853, 36, $ 2.

1857, 171, 211.

cers to have list
&c.

12 Pick. 485.

votes.

shall be re-
ceived.

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