His Honor the Lieutenant-Governor, The Council, The Secretary of the Commonwealth, The Attorney-General, The Governor's Staff, The Board of Education, The Board of Agriculture, The Board of Health, Lunacy and Charity, The Board of Prison Commissioners, The Board of Railroad Commissioners, The Board of Harbor and Land Commissioners, The Insurance Commissioner, The Commissioner of Savings Banks, The District Police, The Militia. CHAPTER XX. THE JUDICIAL DEPARTMENT. THE Constitution gives to the legislature the power to constitute such courts of justice as may Power to Estabbe necessary. The judicial department lish. consists of a number of such courts established by statute, and having their powers carefully defined. Judges. The judges are appointed by the governor, with the consent of the council. They hold office during good behavior, but may be removed by the governor, with consent of the council, upon the address of both branches of the legislature. They receive annual salaries from the Commonwealth. The Supreme Judicial Court consists of one chief and six associate justices. Four justices Supreme Judiconstitute a quorum. Sessions of the cial Court. whole court for the decision of questions of law, called law terms, are held in Boston, and in some of the counties; and sessions for the trial of causes by jury, called jury terms, are held by a single justice once a year at prescribed times in each county. Trials for capital crimes are held by two or more justices. The Superior Court consists of a chief and ten associate justices. The terms, and places for holding its terms, are prescribed by Superior Court. law; but at least two terms are held annually in each county. This court has original jurisdiction of all crimes and misdemeanors, and appellate 2 jurisdiction of all offences tried and determined before a police court, a district court, or a justice of the peace. In criminal causes, its decision is final, unless exceptions are taken to some decisions of law. It has also appellate jurisdiction over a large number of civil causes, and original jurisdiction over some. Certain causes may be removed from this court to the supreme court on appeal, on questions of law, and on motion, when the amount in controversy is large. In each county of the Commonwealth, a Probate Court is established by law. It consists of Probate Court. a judge, appointed as are other judicial officers. The times and places of holding the court session are fixed by law. These courts have jurisdiction of the probate 3 of wills, and administration of estates; of the appointment of guardians to minors and others; of all matters relating to the settlement of estates of deceased persons and wards; of petitions for adoption of children, and change of name; and of 1 Original jurisdiction, authority to take the first steps in a legal procedure. 2 Appellate jurisdiction, authority to reconsider, by a new trial, causes that have been determined by another court. A demand for such new trial is called an appeal. 3 The probate of a will is the proof before the proper officer that an instrument purporting to be the last will and testament of a deceased person is really such. The carrying out the provisions of the will is intrusted to a person, or persons, named in the instrument as execu tors. 4 Administration, the settlement of the estate of a deceased person who has left no will. The deceased in such a case is said to have died intestate; and an administrator is appointed by the judge of probate, usually on petition. If no executor is named in a will, an administrator is appointed. petitions for partition of real estate among tenants in common.1 Appeals may be had to the Supreme Judicial Court on questions of law and fact, that being the supreme court of probate and insolvency. Police Courts. Police Courts are established in certain cities and large towns; each consisting of a justice, who receives an annual salary, and two special justices, who hold courts in the absence of the justice, and receive compensation for actual service. Daily sessions are held for criminal causes. These courts have jurisdiction in civil causes where the amount at issue is small, and in criminal causes where the law allows but a small fine or a short imprisonment. In all these cases, appeals are allowed to the Superior Court. District Courts are established in different parts of the Commonwealth, having the same num- District Courts ber of justices, and the same jurisdiction, may be re as the police courts. Each district consists of a group of towns; and the times and places for holding the sessions are prescribed by law. The Municipal Court of Boston differs but slightly from the other police courts. Justices of the peace once formed a large and important class of judicial officers. They are ap- Justices of the pointed by the governor, with consent of Peace. the council, for a term of seven years, and appointed. They have authority to administer oaths in all cases required by law, and to join persons in marriage. When specially commissioned to do so, they may issue warrants and summonses and may take bail. These are only fragments of the powers once possessed. In earlier days in England and in Massachusetts they had authority to cause the arrest of disturbers of the peace, to try them and pass sentence on them, or in the case of aggra'This Court also acts as a Court of Insolvency. vated offenses to hold them for trial by a higher court. They also had authority to try small civil causes. Since the population has become more dense the municipal and district courts have taken the more important functions. Trial Justices. A certain number of justices of the peace in each county are commissioned as trial justices for a term of three years. In addition to their functions as justices of the peace, they have criminal jurisdiction of such offences as breaches of the peace, petty larcenies and trespass, gambling, and in general those to which the statutes affix a fine not exceeding fifty dollars, or an imprisonment not exceeding six months. Clerk of Each of the courts that have been described, except the justice's, has a clerk whose duties are, to attend its sessions, to preserve its papers, to keep a record of its proceedings, and to issue writs in its name. The clerk of the Supreme Judicial Court for the Commonwealth is appointed by that court for a term of five years. An assistant clerk is also appointed in the same way for three years. In each county a clerk of courts is elected once in five years. He acts as clerk of the Supreme Judicial Court for its terms in the counties,' as clerk of the Superior Court, and as clerk of the county commissioners. The clerks of the district, police, and municipal courts are appointed by the governor. Attorneys. Attorneys-at-law are officers of the courts. These are persons employed to manage civil and criminal causes for the parties concerned in them. In Massachusetts, an attorney must be either 1 Except in Suffolk. |