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America’s First Constitutions and Declarations of Rights
and House of Representatives, in person, or by his deputies, as they shall
respectively require.
chapter iii
Judiciary Power
Art. i.—the tenure that all commission officers shall by law have in
their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their
offices during good behavior, excepting such concerning whom there is
different provision made in this Constitution: Provided, nevertheless, the
Governor, with consent of the Council, may remove them upon the address of both Houses of the Legislature.
ii.—each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the Justices of the Supreme Judicial Court, upon important questions of law, and upon solemn
occasion.
iii.—in order that the people may not suffer from the long continuance in place of any Justice of the Peace, who shall fail of discharging
the important duties of his office with ability or fidelity, all commissions
of Justice of the Peace shall expire and become void, in the term of seven
years from their respective dates; and, upon the expiration of any commission, the same may, if necessary, be renewed, or another person
appointed, as shall most conduce to the well being of the Commonwealth.
iv.—the Judges of Probate of Wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as
the convenience of the people shall require. And the Legislature shall,
from time to time, hereafter appoint such times and places; until which
appointments, the said Courts shall be holden at the times and places
which the respective Judges shall direct.
v.—all causes of marriage, divorce and alimony, and all appeals
from the Judges of Probate, shall be heard and determined by the Governor and Council until the Legislature shall, by law, make other provision.