The Executive Power.
1. The Governor is the supreme executive magis trate. He is styled the "Governor of the Common wealth of Massachusetts," and his title is "His Excellency." C. 2, 0 1, a. 1. He is electe& an nually. C. 2, 3 1, a. 2. Seven years' residence in the commonwealth, and the possession of a free-. hold of the value of a thousand pounds, are the necessary qualifications for the office of governor or lieutenant-governor. C. 2, 0 1, a. 1; 3 2, a. 1. The governor hss authority to call together the councillors, and s.hall, with them, or five of them at least, from time to time hold a council for order ing and directing the affairs of the commonwealth. C. 2, 3 1, a. 4. He is commander-in-chief of the army and navy of the commonwealth, has authority to train the militia for the defence or the common wealth, and to assemble the inhabitants for this purpose, rnd is intrusted with all the powers Mei-. dent to the office of commander-in-chief, except that no inhabitants are obliged to mailth out of the state without their own consent or that of the gene ral court. C. 2, 3 1, a. 7. The pardoning power is in the governor, with thc advice of the council. C.
2, 3 1, a. 8. No money can issue from the treasury without his warrant. C. 2, 3 1, a. 11. He has the veto power, and, with the advice and consent of the council, the appointment of' all judicial officers, coroners, and notaries public. C. 2, 3 1, a. 9, amend. iv.
The Lientenant-Gorernor is elected at the same time, for the same term, and must have the same qualifications, as the governor. His title is " His Honor." He is a member of the council, and, in the absence of the governor, its president. In case of a vacancy in the office of governor, the lieutenan t governor acts as governor. C. 2, 3 2, a. 2, 3.
8. The Council consists of eight councillors, each chosen annually from a separate councillor district.
The state is re-districted every ten years. Amend. xvi. Five councillors oonstituto a quorum, and their duty is to advise the governor in the execu tive part of the government. C. 2, 0 3, a. 1. In ease of vacancies in both the offices of governor and lieutenant-governor, the council, or the major part of them, shall have and exercise the powers of the governor. C. 2, 0 3, a. 6. Vacancies in the council are filled by concurrent vote of the two branches of the legislature; or, if the legislature is not in @MIMI, hy the governor's appointtnent. Amend. xxv.
The Secretary of the Commonwealth, the Teerteurer, Auditor, and Attorney-General, are chosen annually at the state election (Amend, xvii.); and, that the citizens of the commonwealth may be assured from time to time that the moneys remaining in the public treasury, upon the settlement and liquida tion of the puhlie accounts, are tlacir property, no man shall be eligible as treasurer more than five successive years. C. 2, 0 4, a. 1. Every councillor,
the secretary, treasurer, auditor and attorney general, must have been an inhahltant of the state fur the five years immediately preceding his elec tion or appointment. Amends. xri., xvii., xxii. Sheriffs, registers of probate, clerks of courts, and district attorneys are chosen by the people of the Several counties. Amend. xix.
The Judicial Pozoer.
9. The Supreme Judiciol Court of one chief and five aesociate justices. Four justices coostitute a quorum to decide all matters requisite to he heard at haw. Gen. Stat. c. 112, 0 1 et emq. A law term of the court for the commonwealth is held at Boston on the first Wedneeday of January in each year, which may he adjourned from time to time, and to such places and times as may be con venient for determining questions of law arising in the nine eastern counties, and one term a year in each of the remaining five counties for caees in those oounties respectively. These are regular terms of the court; but no jury is te be summoned except in certain special cases. Jury terms of the Court are also held by a single justice, at times and pieces prescribed, once a year, in each county, ex cept that one term only is held for Barnstable and Dukes county, and two terms annually for Suffolk. Questions of law arising at the jury terms aro reported by the presiding judge to the full hench. It is provided that the court ehall have original and exclusive jurisdiction of petitions for divorce and nullity of marriage, and original and concur rent jurisdiction with the superior court of peti tions for partition aud writs of entry, for fnreclosure ef rnortgao-es, and of civil actions in which the damages demanded or the property claimed exceed in amount or value four thousand dnllars if brought in the county of Suffolk, and one thousand dollars if brought in any other county, if the plaintiff, or some one in his behalf, before service of the writ, makes oath nr affirmatinn before some justice of the peace that he verily believes the matter sought to be recovered equals in amount or value said sums respectively, a certificate of which oath or affirma tion shall be indorsed on or annexed to the writ; and, also, that it shall have full equity jurisdiction, according to the usage and practice of courts of equity, in all cases where there ie not a complete remedy at law. Trials of indictments for capital crimes, questions of law on exceptions, on appeals from the superior court, on eases stated hy the par tiee, and on a special verdict, and all issues in law, are to be heard and determined by the full court.