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Conway, Deerfield, Gill, Greenfield, Hawley, Heath, Leyden, Monroe,
Northfield, Rowe, Shelburne, and Whately, constitute the Franklin

District.
Hampshire and The towns of Amherst, Belchertown, Enfield, Granby, Greenwich,
Franklin.

Pelham, Prescott, Ware, Erving, Leverett, Montague, New Salem,
Orange, Shutesbury, Sunderland, Warwick, and Wendell, constitute

the Hampshire and Franklin District. North Berk- The towns of Adams, Cheshire, Clarksburg, Dalton, Florida, Hanshire.

cock, Hinsdale, New Ashford, Lanesborough, Peru, Pittsfield, Savoy,

Williamstown, and Windsor, constitute the North Berkshire District. South Berk- The towns of Alford, Becket, Egremont, Great Barrington, Lee, Len

ox, Monterey, Mount Washington, New Marlborough, Otis, Richmond, Sandisfield, Sheffield, Stockbridge, Tyringham, Washington, and West

Stockbridge, constitute the South Berkshire District. North Norfolk. The

city of Roxbury, and the towns of Brookline, Dorchester, and

West Roxbury, constitute the North Norfolk District. East Norfolk The towns of Braintree, Milton, Quincy, Randolph, Stoughton, and

Weymouth, constitute the East Norfolk District. West Norfolk. The towns of Bellingham, Canton, Dedham, Dover, Foxborough,

Franklin, Medfield, Medway, Needham, Sharon, Walpole, and Wren

tham, constitute the West Norfolk District. North Bristol. The towns of Attleborough, Easton, Raynham, Mansfield, Norton, and

Taunton, constitute the North Bristol District. South Bristol. The city of New Bedford, and the town of Dartmouth, constitute the

South Bristol District.

The towns of Berkley, Dighton, Fall River, Freetown, Pawtucket, Rehoboth, Seekonk, Somerset, Swanzey, and Westport, constitute the

West Bristol District. North Plym- The towns of Abington, Cohasset, Hanover, Hingham, Hull, North outh.

Bridgewater, Scituate, and South Scituate, constitute the North Plym

outh District. South Plym- The towns of Bridgewater, Carver, Fairhaven, Lakeville, Mattapoisett,

Marion, Middleborough, Rochester, and Wareham, constitute the South 1857, 202.

Plymouth District. Middle Plym- The towns of Duxbury, East Bridgewater, Halifax, Hanson, Kings

ton, Marshfield, Pembroke, Plymouth, Plympton, and West Bridge

water, constitute the Middle Plymouth District. Cape District. The towns of Brewster, Chatham, Dennis, Eastham, Harwich, Orleans,

Provincetown, Truro, Wellfleet, and Yarmouth, constitute the Cape

District. Island District. The towns of Barnstable, Falmouth, and Sandwich, with the counties

of Dukes County and Nantucket, constitute the Island District.

West Bristol.

outh.

outh.

tives.

art. 21. 1857, 308.

REPRESENTATIVES IN THE GENERAL COURT. Apportionment Sect. 6. The two hundred and forty representatives are apportioned of representa

to the several counties, as follows: Amend. const. Barnstable, nine; Berkshire, eleven; Bristol, twenty; Dukes county,

one; Essex, thirty-two; Franklin, eight; Hampden, twelve; Hampshire, eight; Middlesex, thirty-nine; Nantucket, two; Norfolk, (excluding the town of Cohasset) twenty; Plymouth, and the town of

Cohasset, sixteen; Suffolk, twenty-eight; Worcester, thirty-four. Warrants for Sect. 7. Warrants for meetings for the election of representatives meeting to state number of rep- shall direct that the voters in towns, cities, and wards, be notified to besentati ves to bring in their votes on one ballot for the representatives to which their 1857, 311, $ 2. several districts are entitled, and shall specify the number thereof.

And such elections shall be conducted and the results thereof deterIn certain

mined as provided in chapter seven except as hereinafter provided. towns repeated SECT. 8. When a town constituting a district fails on the first ballot

be had on

1844, 78.

in one town or

to make choice of the representatives to which it is entitled, other bal- ballotings may lotings may be had on the same day, but the polls for such ballotings

same day, &c. shall not be opened after five o'clock in the afternoon.

1857, 311, $ 1. SECT. 9. When a town, city, or the wards of a city, constituting a Proceedings in representative district, at the election held on the Tuesday next after case of failure the first Monday of November fail to elect the number of representa- trict contained tives to which such district is entitled, the proper officers of such city

city. or town shall issue their warrant for a new election in such district, to 1867, 311, $ 1. be held on the fourth Monday of said November, to fill the vacancy, and the number to be elected shall be specified in the warrant, and similar proceedings shall be had thereupon as in the original election of such representatives.

Sect. 10. In towns, cities, and wards, composing a part of a repre- Selectmen, &c., sentative district, the selectmen and town clerks and ward officers, in this composite open town and ward meetings, and the mayor and aldermen and city pare, &c., tran, clerks, shall forthwith upon the vote for representative being recorded of votes. make out under their hands and seal up and deliver to their respective 1857, 311, $ 5. clerks a true transcript of such record.

Sect. 11. The county commissioners, mayor and aldermen, or board Officers apporof alderen, or such special commissioners as are authorized to appor- sentation to de. tion the representation assigned to the several counties, at their meet- signate place ing for such purpose, shall designate a place in each representative meet and ascer. district, not contained in or consisting of one town or city, at which the tain result of clerks of towns, cities, and wards, composing such district, shall assemble 1857, 311, $ 8. for the purpose of ascertaining the result of elections. Due notice of such appointment shall be given by said commissioners or mayor and aldermen to every town, city, and ward, in the district. Such place of meeting may be changed once in two years by the same authority, after a hearing on the petition of two of such clerks.

Sect. 12. The clerks of cities, towns, and wards, composing such Clerks of towns, districts, shall meet at noon on the day following an election for repre- ite districts to sentatives, at the place so designated, and shall examine and compare meet and ascersuch transcripts and ascertain what persons have been elected. If any election. error appears in a transcript or return, the clerks shall forthwith give 1857, 311, $$ 3, notice thereof to the officers required to make the return, and such 1869, 121, $$ 1, 2 officers shall forthwith in conformity with the truth and under oath, make a new return, which, whether made with or without such notice, shall be received and examined by said clerks within two days after the time appointed for the meeting; and for that purpose the meeting may be adjourned not exceeding two days. No return shall be rejected when the number of votes given for each candidate can be ascertained.

SECT. 13. Such clerks shall at such meeting make out under their to return and hands a complete return of all the votes cast for representatives in the economie roles of district, the names of all persons for whom such votes were given, and 1857, 311, $ 3. the number of votes for each person, and a record of the return shall be made in the book of records of their respective cities, towns, and wards, within four days after the day of the meeting.

Sect. 14. If upon such examination and comparison of transcripts Proceedings in it appears to such clerks that their district has failed to elect the number case of failure of representatives to which it is entitled, such fact shall be certified by posite district.

1857, 311, $7. such ward and city clerks to the mayor and aldermen of their city, and by such town clerks to the selectmen of their several towns, and such mayor and aldermen and selectmen shall forthwith issue their warrants for another meeting for the election of representatives, to fill such vacancy, to be held on the fourth Monday of the same November, and similar proceedings shall be had thereupon as at the first election.

SECT. 15. When it is ascertained who is elected representative in a Certificates of district, composed of one town, or city, or one or more wards of a city, gle districts. the selectmen or mayor and aldermen shall make out duplicate certifi- R. S.6$.&

districts.

day of

1844, 143, 8, 2, 3. cates thereof, one of which they shall transmit to the office of the 1857, 311, $1. See § 19. secretary of the commonwealth on or before the first Wednesday in

January following, and the other by a constable or other authorized

officer to the person elected, within ten days after the day of election. in composite Sect. 16. When the clerks of cities, towns, and wards, composing a 1857, 311, $ 5. district, at their meeting for the purpose, ascertain that a representative See § 19. is elected in their district, they or a majority of them shall make out

duplicate certificates thereof, one of which they shall deliver into the office of the secretary of the commonwealth, on or before the first day of January following, and the other by a constable or other authorized officer transmit to the person elected, within ten days after the day of

election. Form and re- SECT. 17. Such certificates of election shall be in substance as fol. turn of certifi- lows:cate of election. 1857, 311, $ 3. Commonwealth of Massachusetts, county of

Pursuant to a law of this commonwealth, the qualified voters of Representative District Num. ber in their several meetings on the

day of November instant, for the choice of representatives in general court, did elect

being inhabitants of said district, to represent them in the general court to be holden on the first Wednesday of January next. Dated at the

in the year one thousand eight hundred and

Such certificate shall have a return thereon, signed by the officer authorized to give such notice, and stating that notice of the choice was given to the persons therein mentioned, and that said persons were

summoned to attend the general court accordingly. Proceedings in SECT. 18. When a vacancy occurs in a representative district, the case of vacancy. speaker of the house of representatives shall in the precept which he ,

may

issue by order of the house giving notice of such vacancy, appoint a time for an election to fill the same. Upon the reception of such precept, the mayor and aldermen of a city and the selectmen of the towns comprising the district, shall issue their warrants for an election on the day named in the precept; and similar proceedings shall be had

in filling such vacancy as in the original election of representatives. Secretary to Sect. 19. The secretary of the commonwealth shall furnish to cities furnish blanks, and towns blank forms for certificates, transcripts, and returns, required

2,

under this chapter. Such blanks for returns shall have printed thereon 1859, 121, $ 4. sections fifteen, sixteen, and nineteen, of this chapter, and the first four

sections of chapter two. Penalty on offi- Secr. 20. City or town officers wilfully neglecting or refusing to perform duties. perform the duties required of them under this chapter, shall for each 1857, 311, $ 9. offence forfeit a sum not exceeding two hundred dollars.

on selectmen SECT. 21. Selectmen giving a certificate of election to a person en ongedalse cer- voted for as representative to the general court, not in accordance with 1852, 282

the declaration of the vote in open town meeting at the time of the election, shall forfeit three hundred dollars.

SECT. 22. Clerks wilfully signing a certificate not in conformity with signing false

the result of an election, as apparent by the transcripts and returns, 1859, 121, $ 3. shall forfeit a sum not exceeding three hundred dollars. Compensation SECT. 23. Towns and cities may provide suitable compensation to of city and towe elerks and selectmen for services performed by them under the require1857, 311, 85. ments of this chapter. Appointment of clerk pro tem

SECT. 24. In case of a vacancy in the office of town, city, or ward

clerk, or any disability in such clerk to perform the duties required by 1857, 311, $ 11.

this chapter, the selectmen, mayor and aldermen, or board of aldermen, or warden, may appoint a clerk pro tempore, who shall be sworn and perform such duties.

12.
1857, 311, $ 10.

on clerks for

certificate.

pore.

CHAPTER 9.

OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND ELECTORS

OF PRESIDENT AND VICE-PRESIDENT.

REPRESENTATIVES IN CONGRESS. SECTION SECTION

10. Choice of electors, when to take place. 1. Division of commonwealth into congres- 11. Names of electors to be on one ballot. sional districts.

12. Return of votes. 2 Towns forming the several districts. 13. Governor and council to count votes and 2. Representatives in congress when to be notify persons elected. chosen.

14. If a majority are not chosen, residue to be 4. Return of votes.

chosen by general court. 5. Proceedings in case of no choice.

15. Time and place of meeting of electors ; V& & Proceedings in case of vacancies.

cancies, how filled. 7. Sheriffs to transmit precepts to selectmen. 16. Electors to vote, and certify and transmit & Penalty for neglect of city and town officers. their votes to seat of government.

17. Compensation of electors. ELECTORS OF PRESIDENT AND VICE-PRESI

18. Duties of sheriffs and town officers in elecDEXT OF THE UNITED STATES.

tion of governor, &c., to be observed in 9. Electors of president and vice-president to election of electors. Penalties.

be chosen.

the several districts.

1852, 225.
1857, 202.

REPRESENTATIVES IN CONGRESS. SECTION 1. For the purpose of electing representatives in the con- Division of comgress of the United States, the state is divided into eleven districts, monwealth into each of which shall elect one representative, being an inhabitant of the districts. same district.

1862, 143. SECT. 2. The districts are as follows, to wit:

The several towns in the counties of Barnstable, Dukes county, and Towns forming Nantucket, with the city of New Bedford, and the towns of Dartmouth, Fairhaven, Carver, Kingston, Marion, Mattapoisett, Plymouth, Plymp- District No. 1. ton, Rochester, and Wareham, form District Number One.

The city of Fall River, and the towns of Attleborough, Berkley, Digh- District No. 2. ton, Easton, Freetown, Mansfield, Norton, Pawtucket, Raynham, Reho- 1863, 338. both, Seekonk, Somerset, Swanzey, Taunton, Westport, Abington, Bridgewater, Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull

, Lakeville, Marshfield, Middleborough, North Bridgewater, Pembroke, Scituate, South Scituate, West Bridgewater, and Cohasset, form District Number Two.

The towns of Bellingham, Braintree, Canton, Dedham, Dorchester, District No. 8 Dover, Foxborough, Franklin, Medfield, Medway, Milton, Needham, Quincy, Randolph, Sharon, Stoughton, Walpole, West Roxbury, Weymouth, Wrentham, Blackstone, Mendon, Milford, Northbridge, Upton, Uxbridge, Brighton, Holliston, Newton, Sherborn, and Watertown, form District Number Three.

The city of Roxbury, the town of Brookline, and the wards numbered District No. 4. seven, eight, nine, ten, eleven, and twelve, in the city of Boston, form District Number Four.

The wards numbered one, two, three, four, five, and six, in the city of District No. 5. Boston, the cities of Cambridge and Chelsea, and the towns of North Chelsea and Winthrop, form District Number Five.

The cities of Lynn, Newburyport, and Salem, and the towns of District No. 6. Amesbury, Beverly, Essex, Georgetown, Gloucester, Groveland, Hamil- 1862, 310. ton, Ipswich, Manchester, Marblehead, Nahant, Newbury, Rockport, Rowley, Salisbury, Swampscott, Wenham, and' West Newbury, form District Number Six.

The cities of Charlestown and Lawrence, and the towns of Andover, District No. 7. Boxford, Bradford, Danvers, Haverhill, Lynnfield, Methuen, Middleton, 1853; 750

. North Andover, Saugus, South Danvers, Topsfield, Burlington, Lexing- 1866, 386. ton. Malden, Medford, Melrose, North Reading, Reading, Somerville,

1863,

District No. 8.

District No. 9.

District No. 11. 1855, 35.

South Reading, Stoneham, Waltham, West Cambridge, Wilmington,
Winchester, and Woburn, form District Number Seven.

The city of Lowell, and the towns of Acton, Ashby, Ashland, Bedford, Billerica, Boxborough, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Framingham, Groton, Hopkinton, Lincoln, Littleton, Marlborough, Natick, Pepperell, Shirley, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wayland, Westford, Weston, Berlin, Bolton, Harvard, Lunenburg, Northborough, Southborough, and Westborough, form District Number Eight.

The towns of Ashburnham, Auburn, Barre, Boylston, Brookfield, Charlton, Clinton, Douglas, Dudley, Fitchburg, Gardner, Grafton, Holden, Hubbardston, Lancaster, Leicester, Leominster, Millbury, NewBraintree, North Brookfield, Oakham, Oxford, Paxton, Princeton, Rutland, Shrewsbury, Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Webster, West Boylston, Westminster, and Winchendon,

and the city of Worcester, form District Number Nine. District No. 10. The towns of Athol, Dana, Hardwick, Petersham, Phillipston, Royals1855, 365.

ton, Warren, West Brookfield, Erving, Leverett, Montague, New Salem, Northfield, Orange, Shutesbury, Sunderland, Warwick, Wendell, Whately, Amherst, Belchertown, Easthampton, Enfield, Granby, Greenwich, Hadley, Hatfield, Northampton, Pelham, Prescott, South Hadley, Ware, Agawam, Brimfield, Chicopee, Holland, Holyoke, Longmeadow, Ludlow, Monson, Palmer, Wales, West Springfield, Wilbraham, and the city of Springfield, form District Number Ten.

The towns of Ashfield, Bernardston, Buckland, Charlemont, Colrain, Conway, Deerfield, Gill, Greenfield, Hawley, Heath, Leyden, Monroe, Rowe, Shelburne, Chesterfield, Cummington, Goshen, Huntington, Middlefield, Plainfield, Southampton, Westhampton, Williamsburg, Worthington, Blandford, Chester, Granville, Montgomery, Russell, Southwick, Tolland, and Westfield, and the several towns in the county of Berk

shire, form District Number Eleven. Representa- Sect. 3. The mayor and aldermen and selectmen of the several

cities and towns shall as provided in chapter seven call meetings to be gress when to

held on the Tuesday next after the first Monday in November in the year one thousand eight hundred and sixty, and thence afterwards, biennially, on the Tuesday next after the first Monday in November, for the voters to give their votes for representatives in congress.

Sect. 4. The clerks in making their returns of votes for representa

tives to congress under section fifteen of chapter seven, shall transmit 1857, 121

, 91,2. them in envelopes expressing on the outside the district in which the 1857, 295, § 1.

votes were given. Proceedings in Sect. 5. In case of no choice in a congressional district, the gov

ernor shall cause precepts to issue to the mayor and aldermen and selectR. S. 6, § 6. men of the several cities and towns in the district, directing them to

call a new meeting on the day appointed in such precept, for the voters to give their votes for a representative in congress. The precept shall be accompanied with a list of all the persons voted for in the district who received fifty votes or more according to the next preceding return, and shall show the number of votes for each of such persons; similar proceedings shall be had thereon and the same returns made as in an original election; and the like proceedings shall be repeated as

often as occasion may require. Proceedings in Sect. 6. When a vacancy happens in the representation of this com

monwealth in congress, the governor shall cause precepts to issue for a R. S. 6, $7. new election in the district where the vacancy exists; and similar pro

ceedings shall be had thereon as in an original election.

SECT. 7. The several sheriffs, upon receiving precepts from the govcepts to select ernor for the election of a representative in congress, shall seasonably

transmit them to the officers of the towns or cities within their respecR. S. 6, § 8.

tive counties to whom they are directed.

tives in con

be chosen.
R. S. 6, $ 3.
1856, 224
11 Mass. 424.

Return of
votes.
R. S. 6, $ 4.

case of no choice.

case of vacan. cies.

Sheriffs to

men.

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