Hampshire and North Berkshire. South Berkshire. North Norfolk. East Norfolk. West Norfolk. North Bristol. South Bristol. West Bristol. North Plymouth. South Plym- Middle Plymouth. Cape District. Island District. Apportionment Amend. const. Warrants for meeting to state number of rep Conway, Deerfield, Gill, Greenfield, Hawley, Heath, Leyden, Monroe, The towns of Amherst, Belchertown, Enfield, Granby, Greenwich, The towns of Adams, Cheshire, Clarksburg, Dalton, Florida, Hancock, Hinsdale, New Ashford, Lanesborough, Peru, Pittsfield, Savoy, Williamstown, and Windsor, constitute the North Berkshire District. The towns of Alford, Becket, Egremont, Great Barrington, Lee, Lenox, Monterey, Mount Washington, New Marlborough, Otis, Richmond, Sandisfield, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge, constitute the South Berkshire District. The city of Roxbury, and the towns of Brookline, Dorchester, and West Roxbury, constitute the North Norfolk District. The towns of Braintree, Milton, Quincy, Randolph, Stoughton, and Weymouth, constitute the East Norfolk District. The towns of Bellingham, Canton, Dedham, Dover, Foxborough, Franklin, Medfield, Medway, Needham, Sharon, Walpole, and Wrentham, constitute the West Norfolk District. The towns of Attleborough, Easton, Raynham, Mansfield, Norton, and Taunton, constitute the North Bristol District. 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. The towns of Abington, Cohasset, Hanover, Hingham, Hull, North Bridgewater, Scituate, and South Scituate, constitute the North Plymouth District. The towns of Bridgewater, Carver, Fairhaven, Lakeville, Mattapoisett, Marion, Middleborough, Rochester, and Wareham, constitute the South Plymouth District. The towns of Duxbury, East Bridgewater, Halifax, Hanson, Kingston, Marshfield, Pembroke, Plymouth, Plympton, and West Bridgewater, constitute the Middle Plymouth District. The towns of Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, Provincetown, Truro, Wellfleet, and Yarmouth, constitute the Cape District. The towns of Barnstable, Falmouth, and Sandwich, with the counties of Dukes County and Nantucket, constitute the Island District. REPRESENTATIVES IN THE GENERAL COURT. SECT. 6. The two hundred and forty representatives are apportioned to the several counties, as follows: 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. SECT. 7. Warrants for meetings for the election of representatives shall direct that the voters in towns, cities, and wards, be notified to resentatives to bring in their votes on one ballot for the representatives to which their several districts are entitled, and shall specify the number thereof. And such elections shall be conducted and the results thereof determined as provided in chapter seven except as hereinafter provided. be voted for. 1857, 311, § 2. In certain towns repeated SECT. 8. When a town constituting a district fails on the first ballot be had on 1841, 78. to elect in dis 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. 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 or town shall issue their warrant for a new election in such district, to 1857, 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. in one town or city. in composite script of record 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 districts to pre open town and ward meetings, and the mayor and aldermen and city pare, &c., tranclerks, 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. for clerks to meet and ascer, tain result of 1857, 311, § 8. election. SECT. 11. The county commissioners, mayor and aldermen, or board Officers apporof aldermen, or such special commissioners as are authorized to appor- sentation to detioning repretion the representation assigned to the several counties, at their meet- signate place ing for such purpose, shall designate a place in each representative district, not contained in or consisting of one town or city, at which the clerks of towns, cities, and wards, composing such district, shall assemble 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. &c., in compos tain result of 5, 7. to return and record votes of 1857, 311, § 3. the district. 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 1859, 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 hands a complete return of all the votes cast for representatives in the district, the names of all persons for whom such votes were given, and 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 district, composed of one town, or city, or one or more wards of a city, the selectmen or mayor and aldermen shall make out duplicate certifi to elect in com Certificates of election in sin 1857, 311, § 1. See $19. 1844, 143, §§ 2, 3. cates thereof, one of which they shall transmit to the office of the 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. SECT. 16. When the clerks of cities, towns, and wards, composing a district, at their meeting for the purpose, ascertain that a representative 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. in composite districts. 1857, 311, § 5. See § 19. Form and return of certificate of election. 1857, 311, § 3. Proceedings in 1858, 6, § 1. SECT. 17. Such certificates of election shall be in substance as follows: Commonwealth of Massachusetts, county of Pursuant to a law of this commonwealth, the qualified voters of Representative District Num- , being in habitants of said district, to represent them in the general court to be holden on the first Wednesday of January next. day of in the year one thousand eight 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. 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. SECT. 19. The secretary of the commonwealth shall furnish to cities furnish blanks, and towns blank forms for certificates, transcripts, and returns, required under this chapter. Such blanks for returns shall have printed thereon sections fifteen, sixteen, and nineteen, of this chapter, and the first four sections of chapter two. Secretary to 1844, 143, §§ 1, 2, 12. 1857, 311, § 10. 1859, 121, § 4. Penalty on offcers refusing to perform duties. 1857, 311, § 9. on selectmen SECT. 20. City or town officers wilfully neglecting or refusing to perform the duties required of them under this chapter, shall for each offence forfeit a sum not exceeding two hundred dollars. SECT. 21. Selectmen giving a certificate of election to a person giving false cer- voted for as representative to the general court, not in accordance with the declaration of the vote in open town meeting at the time of the election, shall forfeit three hundred dollars. tificates. 1852, 282. on clerks for signing false certificate. 1859, 121, § 3. Compensation of city and town officers. 1857, 311, § 11. SECT. 22. Clerks wilfully signing a certificate not in conformity with the result of an election, as apparent by the transcripts and returns, shall forfeit a sum not exceeding three hundred dollars. SECT. 23. Towns and cities may provide suitable compensation to clerks and selectmen for services performed by them under the requirements of this chapter, 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 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. CHAPTER 9. OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND ELECTORS REPRESENTATIVES IN CONGRESS. SECTION 1. Division of commonwealth into congressional districts. 2. Towns forming the several districts. 3. Representatives in congress when to be chosen. 4. Return of votes. 5. Proceedings in case of no choice. 6. Proceedings in case of vacancies. 7. Sheriffs to transmit precepts to selectmen. 8. Penalty for neglect of city and town officers. ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES. 9. Electors of president and vice-president to be chosen. SECTION 10. Choice of electors, when to take place. 13. Governor and council to count votes and 14. If a majority are not chosen, residue to be 15. Time and place of meeting of electors; va 16. Electors to vote, and certify and transmit 17. Compensation of electors. 18. Duties of sheriffs and town officers in elec- 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. congressional 1852, 143. the several dis 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, trice Fairhaven, Carver, Kingston, Marion, Mattapoisett, Plymouth, Plymp- District No. 1. ton, Rochester, and Wareham, form District Number One. 1852, 225. The city of Fall River, and the towns of Attleborough, Berkley, Digh- District No. 2. ton, Easton, Freetown, Mansfield, Norton, Pawtucket, Raynham, Reho- 1853, 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. 3. 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. 1853, 114. The cities of Lynn, Newburyport, and Salem, and the towns of District No. 6. Amesbury, Beverly, Essex, Georgetown, Gloucester, Groveland, Hamil- 1852, 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, 1855, 150. North Andover, Saugus, South Danvers, Topsfield, Burlington, Lexing- 1855, 385. ton. Malden, Medford, Melrose, North Reading, Reading, Somerville, District No. 8. District No. 9. District No. 10. 1855, 365. District No. 11. 1855, 35. Representa- 11 Mass. 424. Return of Proceedings in case of no choice. R. S. 6, § 6. Proceedings in case of vacan cies. R. S. 6, § 7. Sheriffs to transmit pre cepts to select men. B. S. 6, § 8. South Reading, Stoneham, Waltham, West Cambridge, Wilmington, 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. The towns of Athol, Dana, Hardwick, Petersham, Phillipston, Royalston, 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 Berkshire, form District Number Eleven. SECT. 3. The mayor and aldermen and selectmen of the several cities and towns shall as provided in chapter seven call meetings to be 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 representatives to congress under section fifteen of chapter seven, shall transmit them in envelopes expressing on the outside the district in which the votes were given. SECT. 5. In case of no choice in a congressional district, the governor shall cause precepts to issue to the mayor and aldermen and selectmen 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. SECT. 6. When a vacancy happens in the representation of this commonwealth in congress, the governor shall cause precepts to issue for a new election in the district where the vacancy exists; and similar proceedings shall be had thereon as in an original election. SECT. 7. The several sheriffs, upon receiving precepts from the governor for the election of a representative in congress, shall seasonably transmit them to the officers of the towns or cities within their respective counties to whom they are directed. |