Opinion of the Justices to the Governor & Council

Massachusetts Supreme Judicial Court

Opinion of the Justices to the Governor & Council

126 Mass. 603

CourtMassachusetts Supreme Judicial Court

DecidedMarch 8, 1879

StatusPublished

Cited by2 cases

This text of 126 Mass. 603 (Opinion of the Justices to the Governor & Council) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Opinion of the Justices to the Governor & Council, 126 Mass. 603 (Mass. 1879).

Pincite

Opinion

The Justices of the Supreme Judicial Court, having considered the question upon which their opinion has been required by His Excellency the Governor and the Honorable Council, respectfully submit it as their opinion that the Legislature, in enacting that, “ whenever a vacancy occurs in the office of sheriff in any county, the senior deputy sheriff in service shall perform all the duties required by law to be performed by the sheriff, until the office of sheriff is filled in the manner required by law, giving bond as now required by law of sheriffs,” has not, by the words “ the senior deputy sheriff in service,” designated the deputy sheriff in office when the vacancy occurs, who is oldest in years only, nor [604]*604the one whose original appointment was of the earliest date, but who has not since remained continuously in office; nor yet the one who has served for the greatest number of years, but not continuously; but has designated, as the officer to perform the duties.of sheriff during the vacancy, the deputy sheriff “senior in service ” when the vacancy occurs, that is to say, the one who has then been longest in office continuously.

Horace Gray.

James D. Colt.

Seth Ames.

Marcus Morton. '

William C. Endicott.

Otis P. Lord.

Augustus L. Soule.

Boston, March 10, 1879.

Free access — add to your briefcase to read the full text and ask questions with AI

The Justices of the Supreme Judicial Court, having considered the question upon which their opinion has been required by His Excellency the Governor and the Honorable Council, respectfully submit it as their opinion that the Legislature, in enacting that, “ whenever a vacancy occurs in the office of sheriff in any county, the senior deputy sheriff in service shall perform all the duties required by law to be performed by the sheriff, until the office of sheriff is filled in the manner required by law, giving bond as now required by law of sheriffs,” has not, by the words “ the senior deputy sheriff in service,” designated the deputy sheriff in office when the vacancy occurs, who is oldest in years only, nor [604]*604the one whose original appointment was of the earliest date, but who has not since remained continuously in office; nor yet the one who has served for the greatest number of years, but not continuously; but has designated, as the officer to perform the duties.of sheriff during the vacancy, the deputy sheriff “senior in service ” when the vacancy occurs, that is to say, the one who has then been longest in office continuously.