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peace as well as morality of the citizens.[1] Lastly, these municipal magistrates provide of their own accord and without any delegated powers, for those unforeseen emergencies which frequently occur in society.[2]
It results from what we have said, that in the state of Massachusetts the administrative authority is almost entirely restricted to the township,[3] but that it is distributed among a great number of individuals. In the French commune there is properly but one official functionary, namely, the maire; and in New England we have seen that there are nineteen. These nineteen functionaries do not in general depend upon one another. The law carefully prescribes a circle of action to each of these magistrates; and within that circle they have an entire right to perform their functions independently of any other authority. Above the township scarcely any trace of a series of official dignities is to be found. It sometimes happens that the county officers alter a decision of the townships, or town magistrates,[4] but in general the authorities of the county have no right to interfere with the authorities of the township,[5] except in such matters as concern the county.
The magistrates of the township, as well as those of the county, are bound to communicate their acts to the central government in a very small number of predetermined cases.[6] But the central
- ↑ Thus, for instance, the selectmen authorize the construction of drains, point out the proper sites for slaughter-houses and other trades which are a nuisance to the neighbourhood. See the act of 7th June, 1785; Laws of Massachusetts, vol. i., p. 193.
- ↑ The selectmen take measures for the security of the public in case of contagious disease, conjointly with the justices of the peace. See the act of 22d June, 1797; vol. i., p. 539.
- ↑ I say almost, for there are various circumstances in the annals of a township which are regulated by the justice of the peace in his individual capacity, or by the justices of the peace, assembled in the chief town of the county; thus licenses are granted by the justices. See the act of 28th Feb., 1787; vol. i., p. 297.
- ↑
Thus licenses are only granted to such persons as can produce a certificate of
good conduct from the selectmen. If the selectmen refuse to give the certificate, the
party may appeal to the justices assembled in the court of sessions; and they may
grant the license. See the act of 12th March, 1808; vol. ii., p. 186.
The townships have the right to make by-laws, and to enforce them by fines which are fixed by law; but these by-laws must be approved by the court of sessions. See the act of 23d March, 1786; vol. i., p. 254.
- ↑ In Massachusetts the county-magistrates are frequently called upon to investigate the acts of the town-magistrates; but it will be shown farther on that this investigation is a consequence, not of their administrative, but of their judicial power.
- ↑ The town committees of schools are obliged to make an annual report to the secretary of the state on the condition of the school. See the act of 10th March, 1827; vol. iii., p. 183.
