The governor is commander-in-chief of all the military forces of the state. He has a limited veto upon the aets and resolves of the general court, which are invalid unless they arc approved and signed by him ; but if be does not return any bill to the house in whioh it originated, with his objec tions, within five days after it is presented to him. provided the general court continue in session, or if the two houses, after oonsidering hie objections, shall again pass the same by a vote of two-thirds of eaoh house, the bill will become a law as if he had signed it. In ease any cause of danger to the health of the members exists at their plaoe of meet ing, be may direct the session to be held at another place.
5. Councillors v.rp elected annually, must have , the qualifioatione of senators, and bold office for she same term as the governor. The state is divided by law into five districts, in each of which a councillor is elected, and vacancies are filled hy a like eleetioe. If no person has a majority of votes, the two houses, hy joint ballot, elect a councillor from the two persons having the highest number of votes.
The governor and council may adjourn or pro rogue the general court, in ease of disagreement of the two houses, for any period not exceeding ninety days. They nominate and appoint all judicial offioers, the attorney-general and solicitors, sheriffs and coroners, registers of probate, and all general and field officers of the militia,—each having a negative upon the other. Nominations must be Inade three days before an appointment can be made, unless a majority of the council assent. All oommissions must be in the name acid under the seal of the state, signed by the govereor and at tested by the secretary, and the tenure of the of fice stated therein.
The power of pardoning offences—after °envie tion only, however—is vested in the governor and council, except in cases of impeachmeet. No money can be drawn from the treasury of the state hut by warrant of the governor, with the advice and consent of the council.
The Judicial Power.
6. The Supreme judicial Court consists of a obief justice and five assistant justices, appointed by the governor and council, to hold during good behavior, until seventy years of age. It has original jurisdiction of all cases and proceedings at common law, civil and criminal, except Chose in which justices of the peace have jurisdiction; of all cases ie equity : in all cases of divorce and ali mony ; and appellate jurisdiction in all appeals from courts of probate, and in all appeals from police courts and from justices of the peace. Trial terms of the supreme court are held by a single judge in every county twice, and in the larger counties three times, a year; but two judges must attend in any capital trial. At these terms
are entered and tried most cases at common law and appeals from police courts and justices of the peace; and all trials by jury are bad there; hut cases may be tried without a jury, by consent of parties. Any question of law arising at these terms may he transferred to the law terms for &chic°, by the whole court.
Two law terms are held annually in eaoh of the four judicial districts into which the state is divided. At these terms are entered and heard all cases in equity, cases of divorce, appeals from Lauds of probate, writs of error and certiorari, cases of mandamus, duo warrant° and the like, mad all questions of law transferred' from the trial terms. No trials by jury are held at law tertns ; but issues of fact are transferred to the trial terms. Four justices are a quorum at the law terms, and the concurrence of three is necessary to a decision of auy law question.
7. Judgee of probate are appointed by the gov ernor and council in each county, who hold their office during good behavior, unless sooner removed by address of both houses or by impeachment. They have jurisdiction of all metters relating to the estates of persons deceased and the guardian ship of minors, insane persons, and spendthrifts, subject to appeal to the supreme court.
Juaticee of the Peace are appointed in sufficient eumber by the governor and council, who hold their office during the term of five yPars, unless sooner removed by address of both houses of the legislature. They have jurisdiction of all 0141 causes at common law in which the damages dcwanded do not exceed thirteen dollars and thirty-three cents and where the title to real estate is not invohred, and in many mf aor criminal cases, subject to appeal to the supreme court. They have authority to arrest, examine, and bind over for trial at the supreme ocurt persons °barged with higher offences.
Police Court+) have exclusive jurisdiction, in the cities and places where they are established, in all cases where justices of the peace have jurisdiction elsewhere.
No judge, clerk, or register of any court, or justice of the peace, can act as attorney, be of counsel, or receive fees as advocate or counsel, in any case which may come before the court of which he is an officer.
County Commissioners are eleoted, three in ea°12 county, hy the voters of the county, for the term of three years, one being elected each year. They have general control and management of the financial affairs of the county, of the public build- ' ings, of the roads, of paupers, and of levying the county tax.