courts and justices of the peace, of civil
actions wherein damages demanded ex-
ceed twenty dollars, and do not exceed
one hundred dollars, or with the
police court of Boston, three hundred
dollars,......
..... 503
Appellate from justices of the peace and police
courts,..
562, 572, 607, 609
when appeal or complaint for non-entry
thereof is not duly entered, how it
may be entered afterwards on leave,. 563
security discharged by non-entry of appeal
in due season, not revived by entry on
leave, ...
from courts of insolvency,.
may remove register of deeds in Suffolk in cer-
tain cases,..
to approve by-laws of towns,
two or more sessions of, may be held at
same time, and business divided,. 567
first day of, how designated,.
established to be held at one place, may be
adjourned to any other shire town in
same county,. . . .
Original, of all crimes, offences, and misde-
of law library associations,.
to receive verdicts of juries in highway cases,..
may assess kindred of paupers for their support,
&c., in certain cases, . . . . . . . 392, 393
Jurisdiction respecting ways in Suffolk,.. 242
of cases for damages by officers of United
States coast survey, ..
to be final, except in cases expressly pro-
vided for,
Appellate, of all offences tried before justices
of the peace and police courts,.. 562
404, 406
in cases of liquor seized on search war-
rants, ...
respecting nuisances and waste,
of naturalization of aliens,
of cases from justices of the peace and po-
lice courts when title to real estate
is brought in question, &c., ... 006, 731
how appointed, and tenure of office,
not to hold certain other offices,
if chief is absent, senior justice to perform his
duties, .
to be conservators of the peace throughout the
commonwealth,
.565, 827, 831
four to constitute quorum for full court, or
court of law,.
the words "the court" may mean full court,
553
or court held by single justice, accord-
ing to context and subject matter, 557, 538
one at law term to have same powers as at jury
term, and four at jury term to have
powers of full court,. . . . .
opinions of, may be required by each branch of
legislature, and governor and council, 27
majority of, may remove from office clerks of the
courts, commissioners of insolvency,
sheriffs, registers of probate and insol-
vency, and district-attorneys, .... 553
not to charge juries on matters of fact,
.... 566
to arrange among themselves for holding terms
of the court,.
567, 568
one to be designated to attend at all times in
Boston to hear equity cases,. . . . . 561
25, 558
Salaries of,
to be paid without specific appropriation,
Single judge may arraigu prisoners indicted
for capital crimes, ..
may pass sentence if prisoner pleads guilty, 553
may assign counsel and prepare for trial, if
he does not plead guilty,...
after decision upon exceptions in capital
cases, may pass sentence or make ar-
rangements for new trial,
may reserve questions of law for, and report
cases to, full court,.
may, after verdict, report case to full court, 566
powers of, in equity cases,..
559, 560
decision of, on pleas in abatement and mo-
tions to dismiss for defect of form,
final,..
in Dukes county to be had in Barnstable
county,
exceptions may be taken in such cases,
if frivolous, may be forthwith overruled,
and judgment entered,.
if prisoner pleads guilty, single judge may sen-
tence,
if he does not plead guilty, may assign counsel
and prepare for trial,.
GENERAL PROVISIONS.
to have general superintendence of courts of in-
to issue certain writs to courts, corporations,
and individuals for furtherance of jus-
tice and the execution of the laws,.. 553
to frame writs, award judgments, and have all
other necessary powers,..... 565, 566
may appoint persons to perform duties of attor-
ney-general or district-attorney in case
of absence,
... 130
after decision upon exceptions, single judge may
pass sentence or take measures for
new trial,
Appellate of cases from superior court on
matters of law apparent upon the
record,..
questions on appeals and exceptions in, from
may make rules for various purposes, .
concerning changes in forms of writs,
for settling truth of exceptions in certain
cases,....
may approve or alter rules of courts of insol-
vency,....
.. 582
may set aside verdicts and order new trials,
. 566
may enter judgment as of any day of a former
term,
...... 567
may allow amendments, pass interlocutory or-
ders out of court, &c.,
may appoint all necessary officers,.
superior court, how taken, examined,
allowed, and entered,
to be entered on separate docket,.
to be in order for argument each month
when court is in session, on some day
designated,...
Court for the commonwealth, for all other
counties, at Boston, on first Wednes-
day in January, and to be adjourned
from time to time throughout the year, 555
by order of judge or agreement of parties,
questions of law from any county may
be entered at this term,
question of law, how entered, heard, &c., at
such terms,
expenses of, to be audited by court and paid
by commonwealth,.
to determine equity cases on appeal from single
judge, ..
upon interlocutory cases, reported by single
judge,
within one year, allow entry of appeals
from final decrees of single judge in
equity, omitted to be duly entered,.. 560
questions of law in the counties of Berkshire,
Franklin, Hampden, Hampshire, and
Worcester, how entered, and heard in
law terms for those counties, .... 556
how entered at Boston in court for common-
wealth, by consent of parties, or by
order of judge,..
... 567
in all other counties, to be entered and heard in
court for commonwealth at Boston;
proceedings therein,
on bonds given to judge of probate court, to be
inhabitants of this state, &c., ....
questions of law reserved by single judge,
reported by superior court,
questions on exception, appeals, and in other
cases for determination of, how en-
tered,
556, 557, 567
case not transferred by such entry, but only the
question,..
proper papers in such cases to be prepared by
clerks,.
questions when to be in order for argument,.
may hear questions ex parte in certain cases,
or postpone hearings under certain circum-
stances,
when questions are not duly entered, adverse
party may complain and have judg-
ment affirmed, .
554, 555
when by mistake questions or complaint for
non-entry thereof are not duly en-
tered, court may, within one year, al-
low entry thereof,
in such cases, security discharged by omis-
sion, not revived,
upon decision of questions of law, may affirm
former judgment with interest, re-
verse the same in whole or in part, or
make other order,
court may award double cost and twelve per
SURETİES OF THE PEACE.
what officers authorized to keep the peace and
require sureties for good behavior,.. 827
in what case may be required, in addition to pun-
ishment prescribed by law,. . . . .
proceedings, in such cases, on breach of recog.
nizance,
may be required, without process, of persons
who make an affray, threaten, &c.,
in presence of courts or magistrates, 828
may be required of such as go armed with
a dangerous weapon, having no cause
to fear violence, &c.,
may be required, on complaint, &c., of those
who threaten to commit an offence
against person or property,
have the same authority to surrender their prin-
cipal as if they were his bail in a civil
action, . .
SURETIES OF THE PEACE-continued.
complaint to be made on oath and subscribed,
before a warrant shall issue, ..... 827
warrant for arresting party complained of,
what to recite, &c., .
defendant, when brought before a magistrate,
to be heard in his defence, ..
shall be discharged, if there be no just cause
of fear,.
may be required to enter into recognizance,
with sureties, to keep the peace
for a term not more than six
months, ..
............... 828
shall not be bound over to the next court,
unless he be charged with some other
offence, &c.,
to expend taxes in succeeding years, in certain
cases, .....
to exhibit tax bills, and render accounts to se-
lectmen, under penalty, .... 246, 247
to render to assessors, at expiration of term,
list of persons who have not paid
highway tax,
shall be discharged on complying with or-
der to recognize,.
shall be committed to jail or house of correo-
tion, &c., if he do not recognize,..
may be discharged from jail, &c., on giving
the security that was required,.
may recognize anew, before any justice,
when surrendered by his sureties, 829
may be ordered to pay costs of prosecution,
or part thereof, and be committed, un-
til, &c.,
where no order is made about costs, how
they are to be paid,
may appeal from magistrate's order to su-
perior court, on recognizing as re-
quired.
of private ways and bridges, how chosen,
power and duties,
penalty for refusal to serve, &c.,
to collect taxes, &c.,
penalty on, for neglect to pay over money,..
SURVEYORS OF LUMBER.
one or more to be elected at annual town meet-
ing, ..
to be sworn,
SURVIVING OF ACTIONS AND DEATH
OF PARTIES.
actions which survive, and proceedings upon
death and disabilities of parties, 648-652
what survive by statute, in addition to those
by common law,
444, 648
when sole plaintiff or defendant dies, may be
prosecuted or defended by executor or
administrator,
may be entered in such case after decease of
party,
in such case, to be answerable therefor, as
for his own debt,
citation, how issued, served, and returned, .
if executor or administrator does not appear,
how judgment shall be rendered,.
when one of several plaintiffs dies, action may
proceed by or against the survivor, 649
when all the plaintiffs or all the defendants die,
action may proceed by or against the
executor or administrator of last sur-
vivor,
Trustee process, effect of death of parties
in,.
725, 726
Real actions, if demandant dies, heir or devisee
may prosecute,.
619
in case of devisec, if first estate is not a
freehold, the devisee of the first free-
hold estate in possession may pros-
ecute,
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