State library to be in state open. 1849, 155, § 2. Three trustees appointed by governor, &c. 1850, 182, § 1. Duties of trustees. R. S. 11, § 11. STATE LIBRARY. SECTION 1. There shall be in the state house a state library for the use of the governor, lieutenant-governor, council, senate, house of representatives, and such officers of the government, and other persons, as 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 three trustees appointed by the governor by and with the advice and consent 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 dispose of such books belonging thereto as they deem unsuitable for its 1850, 182, §§ 1, 2. purposes, see that its apartments are properly prepared for the accommodation of persons permitted to use the same; and make and enforce such rules for its regulation as they think proper. 1850, 315. Librarian and assistant. 1849, 155, § 1. 1859, 64. Trustees and librarian may employ assist ance. Resolves, 1857, 49, § 2. Books, &c., belonging to state library. R. S. 11, § 10. 1849, 155, § 2. SECT. 4. The secretary of the board of education shall be librarian. He may appoint an assistant, who as assistant librarian and clerk of the 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 hundred dollars, may employ such assistance as is necessary for the accommodation of visitors, for the protection and care of the library, and for the performance of any labor the librarian may require. SECT. 6. All books, laws, maps, documents, and other publications to be placed in belonging to the state and for public use, except such as by order of the respective departments of the government are now retained in the senate 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 brary. SECT. 7. Twenty-three hundred dollars shall be annually appropripriation for li- ated for the library, and expended under the direction of the trustees and librarian in purchasing or otherwise procuring such books, maps, charts, and works, as they deem most useful, in binding and keeping in good condition the works therein, and in purchasing furniture and other necessary conveniences therefor. R. S. 11, § 12. 1850, 182, Resolves 1857, 49, § 1. 1858, 2. 1. Librarian to re 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, maps, and charts, lost, missing, or acquired, since the last report, specifying those obtained by exchange, donation, or purchase; and shall in his report make suggestions for the improvement of the library. 1849, 155, § 3. See Ch. 4. Committee on 1857, 65, § 1. OTHER PUBLIC PROPERTY. SECT. 9. There shall be annually appointed by the senate and house state house, &c. of representatives, a joint standing committee on the state house, consisting 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. SECT. 10. The state house and lands appurtenant in Boston, the 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 industrial school for girls at Lancaster, the state almshouses at Monson, Tewksbury, and Bridgewater, the state normal schools at Framingham, Westfield, Bridgewater, and Salem, and other property of the common wealth, shall continue in charge of the persons designated by the several 1853, 49. laws in relation thereto. SECT. 11. The trustees or inspectors of each state lunatic hospital, state almshouse, the hospital at Rainsford Island, reform school for boys, and industrial school for girls, shall annually on the thirtieth day of September, cause to be made an accurate inventory of the stock and supplies on hand, and the value and amount thereof, at such institution, under the following heads: 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. 1854, 52. of certain insti Trustees, &c., 1859, 177, § 2. Tools, &c., to be SECT. 12. Public magazines, munitions of war, entrenching tools, Custody of and all other implements of war belonging to the commonwealth, shall, magazines, &c. 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 tool or implement so marked or branded, and not delivered to him by a person thereto authorized, shall be punished by fine not exceeding ten times the value of such tool or implement. SECT. 14. Whoever wilfully defaces, mars, or injures, the walls, wainscoting, or any other part, of the state house, or other building, or the appurtenances thereof, belonging to the commonwealth, by cutting, writing, or in any other manner, shall for each offence forfeit a sum not less than five dollars. Penalty for purchasing, &c., tools, &c., branded. R. S. 11, § 7. for defacing, &c., of the state. R. S. 11, § 8. See Ch. 14, § 53. &c., buildings, CONVEYANCES OF PUBLIC LANDS. SECT. 15. All conveyances of land or flats of the commonwealth Conveyances, shall be subject to the approval of the governor and council. how approved. 1859, 223. TITLE II. OF ELECTIONS. CHAPTER 6.-Of the Qualifications of Electors. CHAPTER 7. Of the manner of conducting Elections and returning Votes. 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. Qualifications of voters at town, county, tions. 591. 5 Met. 162, 298, 7 Gray, 299. Collectors of taxes to keep list of persons SECTION 1. Every male citizen of twenty-one years of age and upwards, (except paupers, persons under guardianship, and persons excluded by articles twenty and twenty-three of the amendments to the 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 preceding any election of city, town, county, or state officers, or of representatives to congress, or electors of president and vice-president, and who 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. SECT. 2. The collectors of state and county taxes in each city and 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 of such payment; and upon request shall deliver to the person paying the same a receipt specifying his name and time of payment; and such receipt shall be admitted as presumptive evidence thereof. taxes, and to give receipt. R. S. 3, § 2. Collectors to re lectmen twice a 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 days before the Tuesday next after the first Monday in November, 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. 7 Pick. 286. Penalty for neg lect and for false return. R. S. 3, § 4. Mayor and aldermen and selectmen to make and post up lists of voters. Amend. art. 15. const. R. S. 3, § 5. to be in ses ing evidence of SECT. 4. Every collector neglecting to make such return shall forfeit one hundred dollars for each neglect; and twenty dollars for every name in respect to which he makes a false return. SECT. 5. The mayor and aldermen and selectmen of cities and towns shall, at least ten days before the annual city and town elections and at least ten days before the Tuesday next after the first Monday in November annually, make correct alphabetical lists of all the persons qualified to vote for the several officers to be elected at those periods, and shall 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. SECT. 6. The mayor and aldermen and selectmen shall be in session sion for receive at some convenient place for a reasonable time, within forty-eight hours qualifications, next preceding all meetings for the elections of the officers aforesaid, tice there for the purpose of receiving evidence of the qualifications of persons claiming a right to vote in such elections, and of correcting the lists of voters. Such session shall be holden for one hour at least before the R. S. 3, § 6. 10 Cush. 143. opening of the meeting on the day of the election, and notice of the time and place of holding the sessions shall be given by the mayor and aldermen and selectmen upon the lists posted up as aforesaid. ers exceed one K. S. 3, § 7. of voters. 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 ces where votshall be holden on the day immediately preceding the meeting, and for thousand. 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, § 4. from the name of any person known to them not to be qualified. SECT. 9. The mayor and aldermen and selectmen before entering Naturalization upon the lists the name of a naturalized citizen, shall require him to produce for their inspection his papers of naturalization and be satisfied that he has been legally naturalized; but they need not require the production 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 mayor and aldermen or selectmen when in session for the purposes aforesaid, shall forfeit the sum of thirty dollars for each offence. SECT. 11. The mayor and aldermen and selectmen, if they have duly entered on said lists the names of all persons returned to them by the collectors, shall not be answerable for any omissions therefrom. SECT. 12. A city or town officer who wilfully neglects or refuses to perform any duty required of him by the provisions of this chapter, shall for each offence forfeit a sum not exceeding two hundred dollars. 1839, 165, § 3. papers to be Amend. const., 1855, 416. produced &c. art. 23. Penalty for giv- R. S. 3, § 8. Selectmen, &c., swerable. when not an R. S. 3, § 9. Penalty for town officers. 1 East 563. 11 Mass. 350. CHAPTER 7. OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING VOTES. SECTION 1. Elections not to be held on days designated by law for military duty. 2. Meetings, when to be opened. Selectmen, &c., to decide whether officers shall be voted for on one or on separate ballots. 3. Meetings, how called, time to be kept open. 4. Secretary of commonwealth to provide envelopes. 5. City and town clerks to procure envelopes 6. Selectmen and ward officers to provide en- & Selectmen to preside at elections. 9. Presiding officers at elections to have a list of voters and check names. 10. Selectmen when not answerable for refusing to receive votes. 11. Moderator shall receive votes of all persons on lists, and may refuse all others. 12. Manner of depositing votes, &c. 13. Votes when to be rejected, &c. 14. Results of elections, how determined. No choice in certain cases. 15. Selectmen and ward officers to count votes. 16. Mayor and aldermen and clerk to examine returns, and if faulty require new returns. Other regulations. 17. City and town clerks to make returns of votes to secretary, &c. SECTION 18. Returns by mail. 19. When return is unsealed, secretary to give 20. Secretary to furnish blanks, &c., to cities 21. to record date of receiving returns, &c. 23. Governor to certify examination of returns 24. Envelopes and returns to be preserved, and 26. Board to file copies in clerk's office. Pen- 27. Votes for county treasurer and register of 28. Penalty for voting if not qualified. 29. for giving more than one ballot. Elections not to be held on days designated for military duty. R. S. 4, § 1. Meetings, when to be opened. Officers to be voted for on SECTION 1. No meeting for the election of national, state, district, county, city, or town officers shall be held on a day upon which the militia of the commonwealth are by law required to do military duty. SECT. 2. Meetings for the election of national, state, district, and 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 elec one or on sepa- tion day; and the mayor and aldermen and selectmen shall decide 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. rate ballots. 1841, 70. Meetings, how called, time to be kept open. R. S. 15, $19. City charters. 1839, 42, § 2. SECT. 3. Such meetings in towns shall be called by the selectmen in the manner ordered by the towns, and in cities according to the provisions of the acts establishing them and the acts in addition thereto; and the warrant for notifying such meetings shall specify the time when 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. 1839, 165, § 3. 1857, 311. Secretary of commonwealth lopes, 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 supply all the voters in the commonwealth, and shall furnish the same 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. 1851, 226, § 2. 1853, 36, § 2. Clerks to pro cure envelopes 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 voters of their respective cities and towns, and keep the same subject to the order of the selectmen of towns, or the wardens and inspectors of cities. 1851, 226, § 3. 1853, 36, § 2. Selectmen &c. to provide envelopes at polls. 1851, 226, § 3. 1853, 36, § 2. 1856, 173, § 10. Fraudulently obtaining enve lopes. 1851, 226, § 7. Selectmen to preside. SECT. 6. The ward officers in each city and the selectmen of each town shall obtain from the city or town clerks and provide at the polls on the day of election a sufficient number of such envelopes, and supply 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. SECT. 7. Whoever wilfully claims to be a voter, knowing that he is not a voter where the claim is made, and by reason thereof fraudulently 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. SECT. 8. At town meetings for the election of national, state, disConst., 1,52,art. trict, and county officers, the selectmen shall preside; and shall have all the powers which are vested in moderators. 2; 2, § 1, art. 3; 2, § 2, art. 1. Amend. const. art. 16, 17. R. S. 5, § 6-6, § 16. - 15, § 26. 1857, 171,211. Presiding off cers to have list &c. R. S. 4, § 3. 1839, 42, § 5. SECT. 9. The presiding officers at meetings held for the election of town or other officers, shall be provided with a complete list of the persons qualified to vote at such election; and no person shall vote at an election whose name has not been previously placed on such list, nor until the presiding officers find and check his name thereon. 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 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 requests them to insert his name on said list. votes. R. S. 3, § 9. 5 Met. 298. Votes, what shall be received. R. S. 3, § 10. how deposited. 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 by the selectmen; and shall not be answerable for refusing the vote of a person whose name is not on said list. SECT. 12. No vote shall be received by the presiding officers at any election provided for in this chapter, unless presented for deposit in the |