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Returns of IX. The officers directed to make such certificates of
ians... elections as aforesaid, shall cause them to be delivered, when to be made.
those of delegates, to the clerk of the house of delegates, and those of senators, to the clerk of the senate,
one day at least before the succeeding session of geneElections to ral assembly. For election of a delegate or senator, supply vacan, when a vacancy shall happen, a writ or writs shall be cięs.
issued by the speaker of that house whereof he was a inember, but if the vacancy be occasioned by acceptance of an office, the writ or writs shall not be issued, without the special order of the house; and the officer lo whom such writ shall be directed, so soon after the receipt thereof as he may be able, shall give the electors notice thereof as well as of the time and place of election, by advertisement to be affixed at four of the most convenient places in the county, and shall cause the election to be made in the manner herein before prescribed, and shall have the same power of adjourning the proceeding upon the poll, as in case of a general election. The return of such writ for electing a delegate or delegates, shall be in this form, or to this
effect: Upon the writ shall be endorsed these, or the Certificate, like words: "The execution of this writ appears in a
schedule hereunto annexed;" and on another paper an-
in the year of our Jord,
-, by the electors of my said county, qualified according to law, I caused to be chasen a delegate (or two delegates) for my said county, namely, - - , in represent the same in general assembly. Given under my hand and seal, the day and year aforesaid." And if the writ be for the election of a delegate for a city or borough, these, or the like words, “By virtue of this writ to me directed, at the court-house of the city of
(or borough of - , or al - , in the borough of on the day of , in the year of our Lord,
, by the electors of the said city (or borough) qualified according to law, I caused to be chosen a delegate for the said city (or bo, rough) namely,
- , to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid;" and the return of
the writs for electing a senator shall be in this form, or to this effect: Upon each writ shall be endorsed, these, or the like words, "The execution of this writ appears in a schedule hereunto annexed;" and on another påper connecting the several writs together, shall be written these, or the like words, “By virtue of these writs to us directed, in our full counties, held at the court-houses thereof respectively (or at — ) on the
day or- , in the year of our Lord, by the electors of our said respective counties, qualified according to law, we caused to be chosen a senator for the district composed of our said counties, namely,
to represent the same in general assembly. Given under our hands and scals, the day and year aforesaid."
X. And the officers conducting the elections, shall Returns make their said returns to the general assembly, if it be sitting, immediately, or if it be not sitting, one day at least before the time to which the writ shall be relurnable. A sheriff, under sheriff, or mayor, refusing Penalties on to take the poll when he shall be required by a candi- sherritt's, for
breach of du. date, or elector, or taking it in other manner than is in herein before prescribed, or making a false certificate or return of the election of a member or members to serve in the general assembly, or neglecting to cause the certificate or return of such election to be made to such clerk, and at or before such time as is herein before directed, shall forfeit and pay one hundred pounds; and neglecting to deliver the poll-books to the clerk of the court, to whom, and before the expiration of the time within which they are herein before directed to be delivered, or refusing to suffer any candidate or elector, at his own expence, to take a copy of the poll-books, shall forleit and pay Gifty pounds; wbich penalties may be recovered with costs in actions of debt, by any person who will sue for the same, one half to liis own use, and the other half to the use of the commonwealth.----Any person hereafter to be elected to serve in the gene- Bribery at sal assembly, who shall directly or indirectly give or elections. agree to give any elector or pretended elector, money, meat, drink, or other reward, in order to be elected, or for having been elected, for such, or any other county, city, or borough, shall be expelled and disabled to be re-elected during the term of three years.
XI. The privilege of members of the general assem- Privilege of bly shall continue during every session, and one day members.
before and after for every twenty miles they must nec cessarily travel to, and from home, and in the mean time process in which they are parties shall be suspended, without abatement or discontinuance; if any person taken in execution, be delivered by privilege of either house of general assembly, so soon as such privilege ceaseth, he shall return himself a prisoner in execution or be liable to an escape.
XII. If a sufficient number of the members of geneConsequence if a sufficient ral assembly, or of either house thereof, to adjourn from number of day to day, shall not meet at any time when they ought, members, to the governor, by proclamation, with advice of the form a house, fait to meet.' council, may prorogue the general assembly, or ad
journ the deficient house, from day to day, until a sufficient number shall convene, and their acts and pro
ceedings afterwards shall be as valid as if there had
ch been no such interruption. But a delegate or senator sent, without shall lose all the wages he would otherwise have been leave. entitled to, if he shall depart from the general assembly
before it be adjourned, without licence from the speaker and other members of the house whereof he is a member, first entered on the journal; yet any member of either house taken so sick during his attendance in general assembly, or in his journey thither, as that he shall be unable to come to or sit in the house, sball receive wages for every day of the session he shall be so disabled, in the same manner as if he had sat in the house. If on the day appointed for the meeeting of any general assembly, or at any time during the session, a sufficient number of the members thereof, to proceed to business, do not attend for that purpose, every absent delegate or senator, shall, besides losing his wages during absence, forfeit and pay to the use of this commonwealth ten pounds; such forfeiture to be recovered by prosecution to be instituted in the general court by order of such house, and on the trial of such prosecution, no excuse for non-attendance, other than those before-mentioned, shall be admitted by the jury; and if it be alledged that the defendant did allend such house, on any of the days during which they could not
do business for want of ineinbers, the proof of such atAdjournment tendance shall rest on him. The general assembly may
during a session, or at the end thereof adjourn to any other place than that where they shall then be sitting Every act of the general assembly hereafter to be made,
shall commence and be in force from the passing there. When acts to of, unless in the act itself another day for the com- com mencement ibereof be particularly mentioned, and in the former case the day of passing thereof shall be noted next after the title. XII. This act shall commence and be in force from
Commence and after the first day of January, one thousand seven ment of this bundred and eighty seven.
CHAP. LVI. An act empowering one of the privy. From Rev.
Bills of 1779, council, to officiate in certain cases Ch. 01. · as lieutenant-governor.
BE it enacted by the General Assembly, That if the When one of governor and presideny of the privy council shall die, toe
council, may or otherwise become unable to perform his duty, in the act as lieutenrecess of the general assembly, the privy councillor an governor. whose name stands next in the list of their apointments, shall officiate as lieutenant-governor, until the vacancy be supplied, or the disability cease. And in the absence of the governor, such intended absence having been previously notified to them by him, and entered on their journals, or in the like absence of the president, and upon the like notification, if any business to be transacted at the council board necessarily require dispatch before he can attend it, the council may proceed without him; and in either case the act shall be as valid as if he had been present. This act shall commence and be in force from and after the first day or January, one thousand seven hundred and eighty-seven
CHAP. LVII. From levi An act concerning the public treaBills of 1779, ch. XII.
surer. BE it enacted by the General Assembly, That the Treasurer, how long to public treasurer may continue in office without re-eleccontinue in tion, until the end of the session of general assembly office.
next after one year from the time of his appointment
shall have expired. On his first election, before he Bond and se curity.
shall have power to act, he shall give bond to the governor, with sureties to be approved by the council of state, in the penalty of four hundred thousand pounds, payable to the commonwealth, with condition that he will faithfully account for all monies and other things, which shall come to his hands in virtue of his office,
and perform all other duties thereof; and shall take an Oath.
oath to the same purpose, and give assurance of fidelity to the commonwealth, before some court of record, or before a judge or a justice thereof, the administration
of which oaths, or the certificate thereof, shall be reVacancy, how
corded in such court. When the office shall become supplied.
vacant, during the recess of the general assembly, the governor with advice of the council of state, shall appoint a successor, to act until such time as he or another
shall be legally elected. Upon a motion made to the Remedy
general court, by a succeeding treasurer, on behalf of gainst,
the commonwealth, whereof more than ten days notice in writing shall have been given to the obligors, judgment may be awarded for the penalty of the said bond, to be discharged by payment of so much as a jury, to be impannelled instantly, for trial of the issue, if an issue be joined, or to enquire of damages, if the defen
dants make default, shall find to be due by breach of Duty of trea. the condition aforesaid, with costs. The treasurer, in
books, provided at public expence, shall state the accounts of money by him received for public taxes and impositions, and paid in pursuance of acts and votes of general assembly, in such a manner as that the nett produce of the whole revenue, as well as of every branch thereof, and the amount of disbursements in discharge of the several demands, may distinctly appear, and lay the said accounts from time to time, and all his other