No. 4.] SPECIAL MEETING OF BOARD. 17 



I understand also that the question is raised whether a member 

 taking his seat in the Board on the first Wednesday of February, 

 by virtue of what his society has done and returned during the 

 preceding year, is entitled to serve during the full term of three 

 years, or whether his membership may be terminated during that 

 time by the failure of his society to continue entitled to bounty ; 

 and that I am desired to express an opinion upon this question. 

 Section 2 of chapter 20 of the Public Statutes provides that per- 

 sons appointed shall hold their offices for three years, and provides 

 for the filling of vacancies " in the same manner," namely, by the 

 Governor and Council, or by the societies. As the right to bounty 

 in any year depends on what the society has done during the pre- 

 ceding year, and as the right to membership in any year depends 

 upon the title of the society to bounty in that year, and as the 

 title both to bounty and to membership accrues year by year, if it 

 accrues at all, and has to be shown by the returns of the society 

 on or before the 10th of January in each year, I am of the opinion 

 that a society which does not show by its returns on or before Jan- 

 uary 10 that it is entitled to a payment of bounty in the following 

 October is not entitled to representation in the Board on or after 

 tlie first Wednesday of February following ; and therefore that 

 the membership of a representative of a society which does not 

 show by its returns on or before the 10th of January that it is 

 entitled to a payment of bounty in the following October ceases 

 on the first Wednesday of February following the making of or 

 the omission to make the return ; subject, however, to be rein- 

 stated within the period of three years, if the society within that 

 time acquires the right to bounty in accordance with the require- 

 ments of the law as here stated. 



Applying these conclusions to the particular cases now in ques- 

 tion, as they appear by the statement of facts furnished me, I am 

 of the opinion that the Massachusetts Society for Promoting Agri- 

 culture is not at present entitled to representation in the Board, 

 as it did not offer or pay any premiums last year, nor make any 

 returns as required by law ; that the Bay State Agricultural Soci- 

 ety and the Middlesex Agricultural Society are not at present 

 entitled to representation, as they awarded and paid no pi'emiums 

 last year, and therefore did not become entitled to receive 

 any bounty this year, and as their returns do not show the 

 requisite capital. As to the Hampden Society, its return fails to 

 show the requisite capital. The returns of the Hampshire, 

 the Hampshire, Franklin and Hampden and the Highland Society 

 show the necessary capital. 



