this respect, he is punishable for such neglect. But there must be a felony done, and the constable must "be ascertained" of the fact. lb. 38 & 39,

34. But in general, a constable cannot, any more than any other individual, of his own accord and without warrant, justify the arrest of a supposed offender, upon suspicion of his guilt, unless he can show that a felony has been committed, and the reasonableness of the suspicion that the party arrested is guilty. Ib.

35. Constables shall take due notice of, and prosecute for all violations of, the laws respecting the observance of the Lord's day, and of the laws to prevent profane swearing, and the laws against gaming. R. S. ch. 15, § 76.

36. The statutes provide that every justice of the peace may, as a conservator of the peace, upon view of any affray, riot, assault, or battery, within his county, without any warrant in writing, command the assistance of every sheriff, deputy sheriff, and constable, and of all other persons present, for suppressing the same and for arresting all who are concerned therein. R. S. c. 85, § 27.

37. Also, that any constable, or any other person by his order, may apprehend all rogues and vagabonds, and all idle and dissolute persons, who go about begging; all persons who use any juggling or unlawful games or plays; common pipers, and fiddlers; stubborn children, runaways, common drunkards, common night walkers, pilferers, and all lewd, wanton, and lascivous persons, in speech or behavior; common railers and brawlers, and persons who neglect their calling or employment, misspend what they earn, and do not provide for themselves, or for the support of their families; all persons who shall sell any spirituous or fermented liquor without license, in the open air, in any booth or other temporary building, and all other idle and disorderly persons, found in any street, highway, or other public place, in the night time, committing any of the of

fences or disorders before mentioned, without a written warrant, and may keep such persons in custody in any convenient place, not more than twenty-four hours, Sundays excepted, at or before the expiration of which time, every such person shall be brought, before a justice of the peace, or police court. R. S. c. 113, § 5 & 7.

38. The selectmen of any town in this Commonwealth, or a majority of the same, are empowered to appoint, for a term not exceeding ten days, special constables, whenever they shall deem it necessary so to do, in order to preserve the public peace; and all constables so appointed shall be sworn to the faithful discharge of their duties, and shall, for the time being, have and exercise the same powers as other constables, so far as relates to preserving the public peace and the service and execution of criminal process within the towns respectively where they belong, and any such criminal process may be directed to them accordingly. Stat. of 1842, c. 37.

39. The fees of Constables are

For serving a venire, twenty-five cents, and for travel to the place of return, at the rate of 4 cents a mile, to be paid out of the county treasury.

For summoning the jurors upon a coroner's inquest, and attendance thereon, at the rate of ninety cents a day, to be paid out of the county treasury. R. S. c. 122, 8.

For service of writs, warrants, executions, subpoenas or other legal processes, the same fees as are allowed to sheriffs for like services. See R. S. c. 122, § 5 & 8.

For fees for collection of taxes, see title "Collection of Taxes," § 61.

40. The selectmen of any town, may require that any person who may be chosen constable, shall give bonds to the inhabitants of said town, with sureties to be approved by the selectmen, in a penal sum not less than five hundred dollars, with condition for the faithful performance of

his duties as constable, in the service of all civil processes which may be committed to him; and any person injured by any breach of the condition of said bond, may, at his own expense, institute a suit thereon, in the name of said inhabitants, and prosecute the same to final judgment and execution. Stat. of 1845, c. 70, § 1.

41. No constable of whom such bonds shall be required, shall be competent to serve any civil process, till such bond shall be duly executed, approved, and filed in the town clerk's office, and no person of whom such bond shall be required as aforesaid, shall be liable to any fine for the non-acceptance of the office of constable. 1b. § 4.

ELECTIONS.

1. QUALIFICATIONS OF VOTERS.

1. For town, county and state officers and representatives to Congress,

2. For presidential electors. 3. For voters on the question whether town will send representatives to the general court.

4. Analysis of provisions 5. Payment of tax sufficient, although illegally assessed.

6. If paid by another when sufficient.

7. Definition of word resident. 8. Persons residing on lands ceded to U. S. not entitled to vote.

10. Persons exempted from poll tax from being over seventy years of age.

11. What is to be understood by exemption from taxation.

12. Selectmen to make out and post up lists of voters.

13. Selectmen to be in session for securing evidence of qualifications, and to give notice thereof.

14. Sessions where voters exceed one thousand.

15. At such sessions to correct lists of voters.

16. Penalty for giving false anto selectmen at such ses

swer

9. Persons exempted from assessment on account of age, poverty | sions. or infirmity.

1. EVERY male citizen of twenty-one years of age and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the state one year, and within the town in which he may claim a right to vote, six months next preceding any election of town, county or state officers, or of representative to congress, and who

shall have paid, by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him in any town of this state; and also every citizen, who shall be by law exempted from taxation, and who shall in all other respects be qualified as above mentioned, shall have a right to vote in all such elections; and no other person shall be entitled to vote in such elections. R. S. c. 3, 1.

The provision of the Revised Statutes is the same with that of the third article in the amendments of the Constitution, except that it extends the qualifications there required, to voters, for town and county officers, and for representatives in Congress. See Amendments, Art. 3.

R.

2. The qualifications for voting for electors of President and Vice President of the United States are the same. S. c. 6, § 13.

3. The same also, for voting on the question, whether any town will send representatives to the general court, and on all questions, relating to the number of representatives, that such town will send. R. S. c. 5, § 2.

4. By an analysis of these provisions, we find that the qualification of voters are—

I. Gender.-Males only voting.

II. Citizenship. This may result from birth, or be gained under the naturalization laws of the United States. III. Age. The attainment of majority.

IV. Not being under guardianship, nor supported at the public charge.

V. Residence in the state for one year and that next preceding the election.

VI. Residence in the town for the space of six months, and that next preceding the election.

VII. The payment of a tax by himself, master, or guardian, or exemption from taxation by law. The tax paid must have been ;—1. A state or county tax.

2. It must

have been assessed within two years next preceding the election. 3. It must have been assessed in some town in this state.

No persons are exempted by law from taxation within the meaning of the constitutional provision. See R. S. c. 7,5. 11 Pick. 538. 5 Met. 591.

5. The payment of a state or county tax, assessed within two years, by one in other respects a qualified voter is sufficient, although the tax was illegally assessed. 5 Met. 162.

6. So if the tax is paid for him by another, without his previous authority, if he recognizes the act, and repays or promises to repay, on the ground that the person paying acted as his agent. Ib.

7. The word resident as used in our State constitution is synonymous with inhabitant. To "remove all doubts concerning the word inhabitant," the constitution declares that "every person for the purpose of electing, &c. shall be considered as an inhabitant in that town where he dwelleth or hath his home." See 5 Met. 588, 1 Ante. page 35.

For rules to determine questions of residence or domicil, See Ante, pages 35 & 36.

8. Persons residing on lands purchased by or ceded to the United States for navy yards, forts, and arsenals, and when there is no other reservation of jurisdiction to the state than that of a right to serve civil and criminal process on such lands, do not, by residing on such lands, acquire any elective franchise as inhabitants of such towns. 8 Mass. 77. Opinion of the Judges, 1 Met. 580.

9. Persons having the requisite qualifications as to age and residence, but who have been, for two entire years, exempted from taxation by town assessors, either by being omitted to be assessed, or by abatement of the tax, as being unable by reason of age, infirmity or poverty, to contribute towards the public charges, are not entitled to vote. Opin ion of the Judges, 11 Pick. 533. 5 Met. 594.