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JANUARY TERM, 1848.
243
Monet *. Jones.
potations in regard to laws passed in reference to them. It is only in cases of private corporations that laws assume the character of contracts, and in which the right to repeal or modify is denied. Terrett v. Taylor, 9 Cranch, 43; 4 Wheat 518.
Mr. Justice Thacher delivered the opinion of the court
A writ of mandamus was issued returnable to the circuit court of Hancock county, addressed to the defendant in error, as clerk of the circuit and probate courts of that county, based upon his refusal to obey an order of the board of police of the county, commanding him to restore the books and papers belonging to his offices to the court house in Shieldsborough, from whence he had removed them to Gainesville, in said county, and to show cause why a peremptory mandamus should not issue. Upon the return of the writ, the questions made were raised by means of a demurrer filed to the answer of the defendant to the writ of mandamus, which demurrer was overruled by the circuit court.
The constitutionality of the act of 1846, ch. 145, entitled, “ An act to locate the seat of justice for the county of Hancock, and for other purposes,” is the only question presented to this court, as appears by an agreement of counsel, and we are also desired, in the event our conclusions are in favor of the constitutionality of the act, to affirm the judgment of the circuit court.
The constitution, (art 4, sec. 20,) gives to the boards of police “ full jurisdiction over roads, highways, ferries and bridges, and all other matters of county police.’1 The right of the boards of police to locate the seat of justice in each county, is claimed under its grant of jurisdiction in “ all matters of county police.”
The word “ police,” in law, is not a term of indefinite meaning, although it has several significations. It is administrative, under which its object is to maintain the order, comfort and convenience of the inhabitants of its administration ; and it is judicial, under which it seeks to prevent crimes by punishing criminals. The judicial police punishes those offences which the administrative police has not been able to prevent by fit