Contested Elections: Reports of

Front Cover
 

Selected pages

Other editions - View all

Common terms and phrases

Popular passages

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 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 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.
Page 66 - 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.
Page 68 - Hathaway is void, and that he is not entitled to a seat in this House, and that the same ought to be declared vacated.
Page 54 - ... the lands of her deceased husband. We now proceed to consider the constitution as relating to the apportionment of representatives among the towns, and of senators among the senatorial districts. The right of sending representatives is corporate, vested in the town; and the right of choosing them is personal, vested in the legal voters. Because the right of. sending a representative is corporate, if the town, by a legal corporate act, vote not to send a representative, none can be legally chosen...
Page 22 - ... decision on the questions, whether the town would send one representative, or five representatives ; that the votes appeared to be so equally divided at the first trial, that the selectmen declared, they could not decide on which side was the majority; that afterwards it was agreed, that each voter in favor of sending five should take by the hand a voter in favor of sending one, and march out of the house ; and Captain Cushing and Mr.
Page 70 - The undersigned, justices of the supreme judicial court, have considered the several questions proposed to them, by an order of the house of representatives, passed 13th June, 1815, and request you to make known the following as their answer. They are satisfied that the right to send a representative is a corporate right vested in the several towns by the constitution...
Page 44 - ... meeting for the express purpose of considering thereof; and no matter or thing shall be acted upon, in such a manner as to have any legal operation whatever, unless the subject matter thereof be inserted in the warrant for calling the meeting...
Page 66 - An inhabitant, or resident, is a person coming into a place with an intention to establish his domicile or permanent residence, and in consequence actually resides : under this intention, he takes a house, or lodgings, as one fixed or stationary, and opens a store, or takes any step preparatory to business, or in execution of this settled intention." — % Peters's Admiralty Decisions, 450. The constitution provides, that a person shall be considered an inhabitant "where he dwelleth or hath his home.

Bibliographic information