Qualification and residence of Voters.

thousand inhabitants; nor unless it be with the consent and on the application of a majority of the inhabitants of such town present, and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose And provided also, that all by-laws made by such municipal or city government, shall be subject, at all times, to be annulled by the General Court.

ARTICLE III.

Every male citizen of twenty one years of age and upwards, (excepting paupers and persons under guardianship) who shall have resided within the Commonwealth one year, and within the town or district, in which he may claim a right to vote, six callender months next preceding any election of Governor, Lieutenant Governor, Senators, or Representatives, and who shall have paid by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district, of this Commonwealth; and also every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of Governor, Lieutenant Governor, Senators and Representatives; and no other person shall be entitled to vote in such elections.

ARTICLE IV.

Notaries Public shall be appointed by the Governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless Appointment of sooner removed by the Governor, with the consent of the Council, upon the address of both Houses of the Legislature.

Notaries Public.

Secretary or

In case the office of Secretary or Treasurer, of the Commonwealth shall become vacant from any cause, Vacancies of the during the recess of the General Court, the Governor, with the advice and consent of the Council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the General Court.

Treasurer to be filled up.

Whenever the exigencies of the Commonwealth shall require the appointment of a Commissary General, he Appointment of shall be nominated, appointed and commissioned, in such manner as the Legislature may, by law, prescribe.

Com. General,

tia Officers.

All officers commissioned to command in the militia, Removal of Milimay be removed from office in such manner as the Legislature may, by law, prescribe.

ARTICLE V.

voters in choice

In the elections of Captains and Subalterns of the qualification of militia, all the members of their respective companies, of Militia Offias well those under, as those above the age of twenty cers. one years, shall have a right to vote.

ARTICLE VI.

Instead of the oath of allegiance prescribed by the Constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this Commonwealth, before he shall enter on the duties of his office, to wit:

66 I, A. B. do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massa- Oath of alle chusetts, and will support the Constitution thereof. So giance. help me God."

Provided, That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word "swear," and inserting, in- Proviso. stead thereof, the word "affirm," and omitting the words "so help me God," and subjoining, instead thereof, the words "this I do under the pains and penalties of perjury."

ARTICLE VII.

No oath, declaration or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the Governor, Lieuten

ant Governor, Counsellors, Senators or Representatives, Specific qualifi to qualify them to perform the duties of their respective cations. offices.

6*

ARTICLE VIII.

No Judge of any Court of this Commonwealth, (except the Court of Sessions,) and no person holding any office under the authority of the United States, (Postmasters excepted,) shall, at the same time, hold the office of Governor, Lieutenant Governor, or Counsellor, or have a seat in the Senate or House of Representatives of this Commonwealth; and no Judge of any Court in this Commonwealth, (except the Court of Sessions,) nor the Attorney General, Solicitor General, Incompatibility County Attorney, Clerk of any Court, Sheriff, Treasurer and Receiver General, Register of Probate, nor Register of Deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and Judges of the Courts of Common Pleas shall hold no other office under the government of this Commonwealth, the office of Justice of the Peace and Militia Offices excepted.

of office.

Mode of future
Amendments to

the Constitution.

ARTICLE IX.

If at any time hereafter, any specific and particular amendment or amendments to the Constitution be proposed in the General Court, and agreed to by a majority of the Senators and two thirds of the members of the House of Representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two Houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if in the General Court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the Senators and two thirds of the members of the House of Representatives present and voting thereon; then it shall be the duty of the General Court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the Constitution of this Commonwealth.

AN ACT

ESTABLISHING THE

CITY OF BOSTON.

SEC. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the Town of Boston, for all purposes, for which towns are by law incorporated, in this Commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination of the City of Boston; and Title. as such, shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to said town, as a municipal corporation. And the administration of all the fiscal, General powers. prudential, and municipal concerns of said city, with the conduct and government thereof, shall be vested in one principal officer, to be styled the Mayor; one select Council, consisting of eight persons, to be denominated the Board of Aldermen; and one more numerous City Officers. Council, to consist of forty eight persons, to be denominated the Common Council; which Boards in their joint capacity, shall be denominated the City Council, together with such other Board of Officers, as are herein after specified.

SEC. 2. Be it further enacted, That it shall be the duty of the Selectmen of Boston, as soon as may be, after the passing of this act, to cause a new division of Wards. the said town to be made into twelve wards, in such manner as to include an equal number of inhabitants in each ward, as nearly as conveniently may be, consistently with well defined limits to each ward; including in such computation of numbers of inhabitants, persons of all descriptions, and taking the last census,

numbers.

made under the authority of the United States, as a basis for such computation. And it shall be in the Computation of power of the City Council, herein after mentioned, from time to time, not oftener than once in ten years, to alter such division of wards, in such a manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward.

Officers.

and Clerks.

SEC. S. Be it further enacted, That on the second Monday of April, annually, the citizens of said city, qualified to vote in city affairs, shall meet together, within their respective wards, at such time and place, Election of City as the Mayor and Aldermen may, by their warrant, direct and appoint;-and the said citizens shall then choose by ballot, one Warden and one Clerk, who shall be a resident in said ward, who shall hold their offices for one year, and until others shall be appointed in their stead. And it shall be the duty of such Warden to preside at all meetings of the citizens of such ward, to preserve order therein;-and it shall be the duty of such Clerk, to make a fair and true record, and keep Duty of Warden an exact journal of all the acts and votes of the citizens, at such ward meetings;-to deliver over such records and journals, together with all other documents and papers held by him, in said capacity, to his successor in such office. And if, at the opening of any annual meeting, the Warden of such ward should not be present, the Clerk of such ward shall call the citizens to order, and preside at such meeting, until a Warden shall be chosen by ballot. And if, at any other meeting, the Warden shall be absent, the Clerk in such case, shall so preside, until a Moderator, or Warden, pro tempore, shall be chosen; which may be done by nomination and hand-vote, if the Clerk so direct. At such meeting also, five Inspectors of Elections shall be chosen, for such ward, being residents therein, by ballot, to hold their offices for one year. And it shall be the duty of the Warden and Inspectors, in each ward, to receive, sort, count and declare all votes, at all elections within such ward. And the Warden, Clerk, and Inspectors, so chosen, shall, reDuties of Inspee- spectively, be under oath, faithfully and impartially to discharge their several duties, relative to elections; which oath may be administered by the Clerk of such

Inspectors.

tor's.

.