The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-07-10

Mayor ana Aldermen Of the city Of Boston.
and the Selectmen of the several towns and
districts within this Commonwealth, shall, in
manner as the law directs for holding cleo
tons therein, cause the inhabitants of their
respective towns and districts, duly qualified
to vote for Representatives in the General
Court of this Commonwealth, to assemble on
the first Monday of November biennially, be-
ginning in November next, TO give in their
votes for their respective Representatives; and
at such town and district meetings, the Sc
lectmen, or the major part of them, shall pre-
side, and shall, in open town meeting, receive,
sort and count the votes, and slI;tll form list
OF the names of the persons voted for, with
the number of votes for each person written
IN words at length, against his name; and
the Town Clerk shall make a record thereof,
aud the Selectmen shall in such meeting make
pubhck declaration Of the persons voted for,
! and OF the number of votes they respectively
have, and shall in open town meeting seal up
the said lists certified by the Selectmen, and
express upon the outside of the said list the
| district in which the votes were given, and
| shall transmit the same within fourteen days
| next after such meeting to the Secretary Of
| the Commonwealth, or to the Sheriff of the
County IN which such town or district lies,
| who shall transmit the same to the Secretary
OF the Commonwealth, within forty days next
after the time of holding such meeting and
in the said city of Boston the said election
! shall be held, and all the proceedings thereon
had, and the returns thereof made in conform
| ity with the directions of the Act establish
ing the city of Boston and the Secretary
shall lay the same before the Governor and
l Council: and in case of an election for any
| district, by majority of the votes returned
| from such District tho (xoVernour Shal1 forth
| with transmit'to the person so chosen, GER
tificate Of such choice, signed by the Cover
| nour and countersigncd by the Secretary and
| the Selectmen of such towns and districts as
| lie within any County in which there may be
no Sheriff. shall return such list to the Secre-
tary's Office within the same term of time as
| Sheriffs are required to do.
SEC. a. Be 81 further enacted, That in case
no person shall be chosen by majority of all
the votes returned from any district, the Gov
| ernour shall cause precepts to issue TO the
| Mayor and Aldermen of the city of Boston,
/ or the Selectmen Of the several towns and
| districts within such district, directing and
| requiring such Mayor and Aldermen, or Sc
lectmen, to cause the inhabitants of their re-
spective towns and districts qualified as afore-
| said, to assemble as aforesaid on day in such
precept to be appointed, to give their votes
for a Representative in Congress aforesaid
which precept shall be accompanied with a
list of persons voted for in such districts,
showing the number of votes for each person
according to the first return; and the same
proceedings shall be had thereon, and the
same returns made in all respects as before
directed in this Act; and Ike proceedings
| shall be had as often as occasion NAV require.
SEC. 8. BE IL further enacted, That when
EVER any vacancy shall happen in the repre-
sentation of this Commonwealth in the Con-.
gress ofthe United States, the Governour shall
cause precepts to issue to the said Mayor and
| Aldermen, or Selectmen of the several towns
and districts, within any district in which such
vacancy may happen, directing and requiring
them 10 cause the inhabitants Of their respec-
tee towns and districts to assemble on a day
in such precept to be appointed, to give in
their votes for Representative to supply
such vacancy and like proceedings in ali re-
spects shall be had, from time to time, as are
herein before provided.
SEC. 6. Be al further enacted, That it shall
be the duty of the several Sherifs of the sew
| eral counties Of the Commonwealth, on re-
ceiving copies Of this Act, or any precept
from the Governour for the purpose herein
mentioned, to transmit the same seasonably
TO the Selectmen Of the several towns and
| districts within their respective counties to
whom such precepts or copies may be di-
rected. And the several Sheriffs shall, for the
| said service, be entitled TO receive out Of the
Treasury of this Commonwealth, fifty cents
for each of the copies and of the precepts so
by them seasonsbly distributed to the Select
men of the towns and districts as aforesaid
and for returning the votes from all the towns
within the respective counties, which may be
| seasonably delivered to him as aforesaid,
each Sheriff shall be entitled to receive sew
enteen cents per mile, computing from the
place of abode of each Sheriff to the SecretS-
ry's Office and in either case the Sheriffs shall
| present their accounts to the committee on
accounts for examination and allowance.
| SEC. Z. Be 1t further enacted, That any
Sheriff who shall neglect to perform the du-
ties which by this act he is directed to per-
form, shall for each neglect forfeit and pay
sum not exceeding two thousand dollars, nor
less than two hundred dollars, for any such
neglect; and if any Selectmen, or the Mayor
or the Alderman or Ward officer of the city
of Boston, shall neglect to perform any of the
duties which by this act they are reqnired to
perform, each officer SO negleeting shall for
felt and pay a sum not exceeding two hun
dred dollars, nor less than thirty dollars, for
any such neglect; any Of the forieitures a
foresaid TO be recovered by indictment before
any Court of competent jurisdiction which
forfeiture shall enure one half thereof to the
person or persons who shall prosecute there
for, and the other half to the use of the Com
monwealth.
SEC. s. BE ii further enacted, That this act
shall continue and be in force until new
apportionment of Representatives among the