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1812-Read and accepted 600 ratable polls adopted aforesaid appeared ballots containing candidates chairman choose committee further find committee further report Committee on Contested COMMONWEALTH OF MASSACHUSETTS constitution Contested Elections corporate counted Court debate decision declared vacated depositions duty Eldad Parsons Elkanah French evidence Ezra Batchelder facts five holden HOUSE OF REPRESENTATIVES hundred inhabitants Jacob Mann June June 17 June 9 last House last past lectmen Leonard Hathaway list of ratable majority manner Medbury names number of ballots number of ratable number of votes oath opinion persons Phelps principle proceeded produce a list qualified voters question remonstrance repre resident riot act Roxbury rules Selectmen and Assessors send a representative send four representatives sitting members statute sufficient number supposed election Thomas Harris three representatives TILLINGHAST Timothy Walker tion town meeting town would send utterly void voters to bring Ware and Mann warrant Westford whole number William Brewer Wrentham
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Page 43 - The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month.] VI.
Page 41 - The house of representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the constitution: shall choose their own speaker; appoint their own officers, and settle the rules and orders of proceeding in their own house.
Page 57 - NOTE. This report and decision give a construction to the statute of 1805, c. 26, which, if not warranted by the letter, is conformable to its spirit . This is the only statute, which requires that selectmen shall be under oath. By the 4th section, " the selectmen of the several towns, districts, &c...
Page 66 - IV. [Every male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate within the same town of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town.] V.
Page 66 - An inhabitant or resident is a person coming into a place with an intention to establish his domicil or permanent residence, and, in consequence, actually resides. The time is not so essential as the intent, executed by making or beginning an actual establishment, though it is abandoned in a longer or shorter period.
Page 44 - That when there shall be occasion of a town meeting, the constable or constables, or such other person as shall be appointed for the purpose, by warrant from the selectmen, or the major part of them, shall summon and notify the inhabitants of such town to assemble at such time and place, in the same town, as the selectmen shall order, the manner of summoning the inhabitants to be such as the town shall agree upon...
Page 27 - ... votes were passed from hand to hand over the heads of voters, until they arrived at, and were deposited in the ballot box. " The committee further find, that the votes of five or six qualified voters were by them offered to the presiding selectman, and were by him refused to be received ; that, in most of these instances, no reasons were assigned for the refusal ; in one instance, he assigned as a reason, that he was about turning the box, and that he would not receive any more votes ; but after...
Page 22 - ... on the side for sending one. It was observed by Capt. Gushing in reply, that there could be no mistake ; that they had already counted off five hundred and ninety-six with correctness, and that, in a few minutes, the counting would be finished and a decision made ; but Mr. French persisted in his interference, took Capt.
Page 68 - Hathaway, — as well as for the reasons first stated, — the committee ask leave to report, and do report, that the supposed election of the said Leonard Hathaway is void, and that he is not entitled to a seat, and that the same ought to be declared vacated." The report was agreed to, by a vote of 99 to 8. Nathaniel Wheeler, the candidate voted for as abovementioned, then (on the same day) petitioned the house that he might be admitted to a seat, on the ground, that he had been duly...
Page 44 - ... hereby authorized and empowered to issue his warrant under his hand and seal, directed to the Constable or Constables of the town, if any such there be, otherwise to any of the freeholders applying therefor, directing him or them to notify and warn the inhabitants qualified to vote in town affairs, to assemble at such time and place in the same town as the said Justice shall in his said warrant direct, and for the purpose in the same warrant expressed.