Articles XLIX-LX, Amendments to the Massachusetts Constitution
|Part the First|
|Part the Second:|
|Articles of Amendment|
Note: Article XLIX was superseded by Amendments, Art. XCVII.
The conservation, development and utilization of the agricultural, mineral, forest, water and other natural resources of the commonwealth are public uses, and the general court shall have power to provide for the taking, upon payment of just compensation therefore, of lands and easements or interests therein, including water and mineral rights, for the purpose of securing and promoting the proper conservation, development, utilization and control thereof and to enact legislation necessary or expedient therefore.
Advertising on public ways, in public places and on private property within public view may be regulated and restricted by law.
The preservation and maintenance of ancient landmarks and other property of historical or antiquarian interest is a public use, and the commonwealth and the cities and towns therein may, upon payment of just compensation, take such property or any interest therein under such regulations as the general court may prescribe.
Note: Article LII was superseded by Amendments, Art. CII.
The general court, by concurrent vote of the two houses, may take a recess or recesses amounting to not more than thirty days; but no such recess shall extend beyond the sixtieth day from the date of their first assembling.
Article X of Section I of Chapter II of the constitution, the last two paragraphs of Article IV of the articles of amendment, relating to the appointment of a commissary general and the removal of militia officers, and Article V of the articles of amendment are hereby annulled, and the following is adopted in place thereof:
Article X. All military and naval officers shall be selected and appointed and may be removed in such manner as the general court may by law prescribe, but no such officer shall be appointed unless he shall have passed an examination prepared by a competent commission or shall have served one year in either the federal or state militia or in military service. All such officers who are entitled by law to receive commissions shall be commissioned by the governor.
Article VII of Section I of Chapter II of the constitution is hereby annulled and the following is adopted in place thereof:
Article VII. The general court shall provide by law for the recruitment, equipment, organization, training and discipline of the military and naval forces. The governor shall be the commander-in-chief thereof, and shall have power to assemble the whole or any part of them for training, instruction or parade, and to employ them for the suppression of rebellion, the repelling of invasion, and the enforcement of the laws. He may, as authorized by the general court, prescribe from time to time the organization of the military and naval forces and make regulations for their government.
Article VI of Section III of Chapter II of the constitution is hereby annulled and the following is adopted in place thereof:
Whenever the offices of governor and lieutenant-governor shall both be vacant, by reason of death, absence from the commonwealth, or otherwise, then one of the following officers, in the order of succession herein named, namely, the secretary, attorney-general, treasurer and receiver-general, and auditor, shall, during such vacancy, have full power and authority to do and execute all and every such acts, matters and things as the governor or the lieutenant-governor might or could lawfully do or execute, if they, or either of them, were personally present.
Note: Article LVI was superseded by Amendments, Art. XC.
The governor, within five days after any bill or resolve shall have been laid before him, shall have the right to return it to the branch of the general court in which it originated with a recommendation that any amendment or amendments specified by him be made therein. Such bill or resolve shall thereupon be before the general court and subject to amendment and re-enactment. If such bill or resolve is re-enacted in any form it shall again be laid before the governor for his action, but he shall have no right to return the same a second time with a recommendation to amend.
Article IV of the articles of amendment of the constitution of the commonwealth is hereby amended by adding thereto the following words: -- Women shall be eligible to appointment as notaries public. [Change of name shall render the commission void, but shall not prevent reappointment under the new name.]
Note: Article LVIII was superseded by Amendments, Art. XCVIII.
Article I of Chapter III of Part the Second of the constitution is hereby amended by the addition of the following words: -- and provided also that the governor, with the consent of the council, may after due notice and hearing retire them because of advanced age or mental or physical disability. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary retirement.
Every charter, franchise or act of incorporation shall forever remain subject to revocation and amendment.
The general court shall have power to limit buildings according to their use or construction to specified districts of cities and towns.