SUMMARY.

The Judicial Department is constituted as follows: — Senate, as a court to try impeachment,

Supreme Judicial Court,

Superior Court,

Probate Court,

Police and District Courts,

Justices of the Peace, and Trial Justices,

Clerks of Courts,

Reporter of Supreme Judicial Court,

Attorneys,

Juries.

CHAPTER XXI.

COUNTIES.

History of.

As early as the time of the Saxons, England was divided into districts for convenience in the administration of justice. The most important of these was the shire, as it was called, from a Saxon word meaning to cut. The shire was a part cut off. In Norman times, the shire took the name county, from the word count, a Norman title of nobility.

For a few years after the settlement of Massachusetts, as we have seen, justice was administered by the General Court and the Court of Assistants, and by local magistrates in the towns; but, as soon as the colony increased its territory and population, the people adopted the English institution of the county, by grouping the towns together, and setting up county courts.

In 1643 four counties were formed: Suffolk, comprising Boston and the towns south of it; Essex, the towns east of Boston; Middlesex, those north of Boston; and Norfolk, consisting of the towns of New Hampshire, which had been united to Massachusetts. After the separation of the two colonies, those towns that came within the Massachusetts line were united to Essex; and the name Norfolk was given to the towns comprising the present Norfolk County.

Previous to the union of Plymouth with Massachu

setts, that colony had established the counties of Plymouth, Barnstable, and Bristol. The other counties were established as follows: Worcester, in 1731, from parts of other counties; Hampshire, in 1662, comprising those towns on the Connecticut early settled from Massachusetts Bay; Berkshire, from Hampshire, in 1761; Hampden and Franklin, from Hampshire, in 1811; Dukes, given to the Duke of York in 1664, and joined to New York, made a county in 1685, and united to Massachusetts by the Province charter; Nantucket, formed in 1695.

As now constituted in Massachusetts, a county may be defined as a corporate body,' consisting Definition. of a group of adjacent towns, organized,

under the direction of the State, for convenience in the administration of justice.

Property.

Each county is obliged to own and maintain suitable court-houses, jails, and buildings for the registry and preservation of deeds, wills, and court records. The town in which these buildings are situated, and where the courts are held, is called the shire town. Some counties have more than one.

The

Counties, as such, have no legislative power: hence their officers are chiefly executive. number and duty of these officers are prescribed by law, and are the same throughout the State.

Officers.

1 A corporate body, or corporation, is a body consisting of one or more individuals, established by law, usually for some specific purpose, and continued by a succession of members. This body has a name, and under that name may sue and be sued, may hold and dispose of property, may have a common seal, may choose officers, and make by-laws for its government and administration. The body may be created by a special law called a charter; or it may organize under some general

statute.

County Commissioners.

In each county, three commissioners are chosen by the people for three years, one retiring annually; and two special commissioners are chosen every three years. These commissioners are empowered to provide for erecting and repairing the county buildings; to have the care of the county property; to represent the county in suits at law; to apportion the county taxes among the towns; to lay out, alter, and discontinue highways within the county, upon petition of parties interested, and after a suitable hearing; to have charge of Houses of Correction in the county, appointing the keepers, making rules, and providing supplies. If either of the commissioners is personally interested in any matter before them, one of the special commissioners takes his place for the time. Thus a commissioner cannot act upon a highway question within his own town. The salaries of these officers, and the time and place of meeting in each county, are fixed by statute.

In each county, a Treasurer 2 is elected by the people for a term of three years. He is sworn,

and gives bonds for the faithful discharge

Treasurer.

of his duties, and receives an annual salary fixed by law. The treasurer receives and pays out, under the direction of the commissioners, all money belonging to the county. This includes that raised by taxation, and whatever comes from the payment of fines and costs in the various courts. This officer also has the charge of

1 The aldermen of Boston, and the selectmen of Nantucket, have the powers and duties of commissioners in their respective counties. In Suffolk, the county buildings are provided by the city of Boston.

2 The treasurers of the city of Boston and of the town of Nantucket act as treasurers of their respective counties.

a set of the standard weights and measures furnished by the Commonwealth for the use of the county.

Deeds.

Each county has one or more Registers of Deeds. Register of If one, he is elected by the people of the county. If more than one, the county is divided by law into districts, in each of which a register is elected by the people. The term of office is three years. The officers are under oath and bonds. Their offices are in the shire-towns; and their duty is, to receive and record, according to methods prescribed by law, all deeds and mortgages brought to them for the purpose. In the early history of the county, all transfers of land were made publicly at the county courts to prevent fraud. The registry is designed to serve the same purpose by making all such transfers a matter of record, so that the legal title to any land in the county may be readily ascertained.

Probate.

In each county, a Register of Probate is elected by Register of the people every five years. He has the care of all books and papers pertaining to the business of the probate court. He may receive and keep any wills that may be deposited in the office, giving a certificate therefor. He is under oath and bonds, and is forbidden by law to be interested as counsel, executor, administrator, or otherwise officially, in any matter pending in the courts. In some of the counties, an assistant register is appointed by the probate judge for a term of three years.

The oldest and most important county-officer is the Sheriff. In the earliest history of the county, this officer, called the shire-reeve,

Sheriff.

shared the administration of county business with the alderman and bishop. Later, the civil functions de