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To the Hon: Senate of Maine.

in compliance with the request expressed in your order of the 11th instant; We the undersigned, Justices of the Supreme Judicial Court, have considered the three several questions proposed to Us; Viz:

“1st Can any person according to the third Article of the Constitution, of right, hold and exercise at the same time, the several Offices of Deputy Sheriff and Justice of the Peace.”

2nd Can any person, of right, exercise at the same time, the several offices of Sheriff and Justice of the Peace.

3rd Can any person, of right, exercise at the same time, the several Offices of Coroner and Justice of the Peace;” And now, in answer, respectfully submit our opinion:

The first Section of the third Article of the Constitution declares that “the powers of this Government shall be divided into three Distinct Departments.”

The second Section of the same article declares that “no person or persons belonging to one of those departments shall exercise any of the powers properly belonging to either of the others; except in cases herein expressly directed or permitted.” We have found in the Constitution only the two following provisions expressly limiting the generality of the foregoing inhibition, Viz: Article 4 Part: 3 Sect: 11, which allows Justices of the Peace, Notaries Public, Coroners, and Officers of the Militia to hold seats in either branch of the Legislature; and Article 5 Part 2 Sect: 4, which allows Justices of the Peace and Notaries Public to be Counsellors. But neither of these two last named provisions particularly relate to the questions under consideration.

We are thus carried back to the third article; and our opinion must be founded upon the construction of both Sections of that Article, viewed in connection with several other Sections in the Constitution.

Article 4, is entitled “Legislative power”

Article 5, is entitled “Executive power”

Article 6, is entitled “Judiciary power”

Article 4th is divided into three parts

Article 5th is divided into four parts.

These divisions were probably made for the sake of method and arrangement, and for the purpose of distinctly marking out the qualifications, mode of election or appointment,