Middlesex in all civil actions, (except when the pleadings show that the title of real estate is in issue), and proceedings in which the debt or damages demanded or property replevied does not exceed in amount or value three hundred dollars; and the jurisdiction of said court shall, when the plaintiff and defendant both reside in the district, exclude the jurisdiction of municipal and police courts, justices of the peace, and other district courts: provided, that where there are two or more plaintiffs or defendants, or one or more trustees, the jurisdiction of the court shall not be exclusive unless all the parties reside in the district.

several defend

district, writ

SECTION 9. When one of several defendants resides When one of within the district, the writ issued by said court may run ants resides in into any county, and be served on the other defendant or may run into defendants, fourteen days at least before its return day, in any county. like manner as if issued by the superior court.

SECTION 10. On the return day of the writ either party Trial by jury. may demand a trial by jury in writing, which shall be granted by said court. If neither party demand a trial by jury, the right to have such trial shall be taken to be waived. The jury trial shall be in accordance with the provisions of chapter one hundred and thirty-two of the General Statutes, and the judgment of said court in all actions in which the title of real estate is not put in issue by the pleadings, shall be final, unless appeal is taken therefrom, or exceptions and appeals on matters of law are had as hereinafter provided. And in all civil actions in said court, wherein the writ or process is served upon the defendant in any county other than Middlesex, except as above provided, if the plaintiff recovers a sum not exceeding Costs, if plaintwenty dollars for debt and damages, he shall be entitled not exceed $20. to no costs, except as provided in the following section, but the defendant shall recover the costs to which he would have been entitled had he been the prevailing party. SECTION 11. If the plaintiff's claim in a writ served Costs, if plainupon the defendant out of Middlesex County, as estab- established as lished on the trial, exceeds twenty dollars, and is reduced exceeding $20. to that amount or less, or overbalanced by set-off which could not have been proved in payment, it shall be considered for the purposes of the preceding section as having exceeded twenty dollars, and the party who finally recovers judgment in the suit shall be entitled to his costs.

tiff's claim does

tiff's claim is

SECTION 12. In all cases in said court except where a Right of appeal.

Jurors to be summoned from towns in the district.

Proceedings

commenced before trial jus.

determined.

trial by jury is had, or the value of the property replevied or the amount claimed in the writ does not exceed fifty dollars, either party may appeal to the superior court in the manner provided by law for taking appeals from the judgment of justices of the peace; and in cases where a jury trial is had, exceptions and appeals on matters of law may be had to the supreme judicial court in the manner now provided by law from the superior court.

SECTION 13. Whenever a jury shall become necessary for the trial of any action or proceeding in said district court under the provisions of this act, the justice of said district court is hereby authorized and required to issue writs of venire facias, directed to the sheriff of the county, or either of his deputies, or a constable of any city or town in the district for the summoning of jurors, and the jurors shall be summoned from the towns in the judicial district.

SECTION 14. All proceedings commenced before any trial justice or justice of the peace within said district betices, to be there fore this act shall take full effect, shall be prosecuted and determined as if this act had not been passed, and except as herein provided, the jurisdiction of trial justices and justices of the peace shall be excluded within the judicial district established by this act.

Court may be adjourned by sheriff when no justice is pres

ent.

Civil actions subject to G. S. 129, §§ 7, 8, 9,

SECTION 15. When no justice of said district court is present at the time and place appointed for holding a court, whether at the beginning of the time or any adjournment thereof, the sheriff of the county or either of his deputies may adjourn the court from day to day or from time to time, as circumstances require, by proclamation in the room where said court is held, and by a notification posted on the door of the court room.

SECTION 16. Sections seven, eight, nine, eleven, twelve, twenty-six, forty and seventy-eight of chapter one hundred 11, 12, 26, 40, 78. and twenty-nine of the General Statutes, shall apply to civil actions before said court.

Court may establish seal,

&c.

SECTION 17. Said court shall have power to establish a appoint officers, seal, issue all writs and processes, appoint all officers necessary for the transaction of the business of the court, and may from time to time make rules for regulating the practice and conducting the business therein in all cases not expressly provided for by law.

To take full effect May 1, 1874.

SECTION 18. This act shall take effect, so far as appointing, commissioning and qualifying the justice and

special justices of said court are concerned, on the passage
of this act, and shall take full effect on the first day of
May next.
Approved February 28, 1874.

AN ACT RELATING TO DISTRICT COURTS.

Chap.36.

Fees and travel

for jurors.

Be it enacted, &c., as follows: SECTION 1. The fees for attending as jurors in the district courts shall be three dollars and fifty cents a day for attendance and eight cents a mile for travel out and home. SECTION 2. Deputy sheriffs shall be paid for attendance Fees of deputy upon said courts at the sessions thereof for trials by jury attendance. four dollars and fifty cents a day and for travel out and home once a week during the attendance five cents a mile, to be paid out of the county treasury.

sheriffs for

SECTION 3. Parties recovering costs in civil actions in Term fees. said courts shall be allowed a term fee of five dollars instead of the

term fee now allowed by law.

aside verdict

SECTION 4. Said courts may at any time before judg- Court may set ment in a civil action set aside the verdict and order a and order new new trial for any cause for which a new trial trial. be may granted or after verdict may report the case for the determination of the supreme judicial court.

ment, &c., to be

SECTION 5. Decisions of the justices of said courts Decisions upon upon pleas in abatement or motions to dismiss for defect pleas in abate. of form in process shall be final on the question raised. final. SECTION 6. All provisions of law applicable to the Exceptions an d superior court, relating to the taking, filing and allowing appeals. exceptions and taking appeals in matters of law, shall apply to said district courts when trial by jury is had or claimed.

SECTION 7. Said courts may in their discretion ap- Court may appoint one or more auditors to hear the parties in all point auditors. actions in which a trial by jury is had or claimed, and all provisions of law applicable to auditors appointed under the provisions of section forty-six of chapter one hundred and twenty-one of the General Statutes shall be applicable in case of auditors so appointed.

to questions of

transmitted to

SECTION 8. Copies of papers relating to a question of Copies relating law arising in said courts upon appeal, bill of exceptions, law upon ap reserved case or otherwise, shall be transmitted to and be peal, &c., to be entered in the law docket of the supreme judicial court S. J. C. for the proper county, but the entry thereof shall not transfer the case, but only the questions to be determined. SECTION 9. Said courts shall receive, examine and Accounts allow accounts for services and expenses incident to and jury trials to be

services, &c., at

allowed by

court.

Defendant may be ordered to file answer.

Assistant clerks may be appointed.

Duties to be performed by

arising at the sessions thereof held for trials by jury, and order the payment thereof out of, the treasury of the county in which they are respectively located.

SECTION 10. Said courts may, in all cases upon motion, order the defendant to file an answer to the declaration.

SECTION 11. The clerks of said courts may, subject to the approval of the justice thereof, appoint assistant clerks, who shall be removable at their pleasure, and for whose doings they shall be responsible, who shall be sworn and give bonds in a sum not less than one thousand dollars, to be approved by the said justice, conditioned for the faithful performance of the duties of their office; and their compensation shall be paid by the clerk.

SECTION 12. The assistant clerks may perform such of assistant clerks. the duties of the clerk as are not performed by him, and upon the absence, resignation, death or removal of the clerk, the assistant clerk shall perform his duties under the direction of the court until he resumes his duties or a clerk is elected or appointed and qualified; and his compensation for such service shall be paid by the clerk.

Chap.37.

Penalty for wilful obstruction of fireengines.

In case of the death, resignation or removal of the clerk, the assistant clerk shall account with and pay over the money in his hands to the officer with whom the clerk is required by law to account.

SECTION 13. This act shall take effect upon its passage.
Approved February 28, 1874.

AN ACT TO PUNISH THE WILFUL OBSTRUCTION OF FIRE-ENGINES.
Be it enacted, &c., as follows:

Whoever wilfully and maliciously obstructs or retards the passage of any engine or other apparatus of any fire department, while going to a fire through any street, lane, alley or other way, shall be punished by imprisonment in the house of correction not exceeding three months, or by fine not exceeding fifty dollars.

Approved February 28, 1874.

Chap.38. AN ACT TO AMEND CHAPTER ONE HUNDRED AND THIRTY-THREE OF

Household furniture exempt

THE GENERAL STATUTES CONCERNING THE EXEMPTION OF PER-
SONAL PROPERTY FROM EXECUTION.

Be it enacted, &c., as follows:

SECTION 1. The second clause of the thirty-second section of chapter one hundred and thirty-three of the G. S. 133, § 32. General Statutes is amended so that the same shall read

from attach

ment.

as follows, viz. :—

Second. Other household furniture necessary for him

and his family, not exceeding three hundred dollars in value.

SECTION 2. This act shall take effect on the first day of July next. Approved February 28, 1874.

CERTAIN Chap.39.

AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR
EXPENSES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND
SEVENTY-THREE AND PREVIOUS YEARS, AND FOR OTHER PUR-

POSES.

Be it enacted, &c., as follows:

SECTION 1. The sums hereinafter mentioned are appro- Appropriations. priated, to be paid from the ordinary revenue, except in

cases otherwise ordered, for the purposes specified herein,

to wit:

house of repre

For stationery ordered by the clerk of the house of rep- Stationery, resentatives, two hundred seventy-one dollars and forty-sentatives. four cents.

For printing and binding ordered by the senate, one Printing and thousand two hundred fifty-seven dollars and eighty-five binding, senate.

cents.

penses.

For contingent expenses of the senate and house of rep- Contingent exresentatives and necessary expenses in and about the state house, a sum not exceeding five hundred dollars.

For the compensation of the firemen employed at the Firemen. state house, thirty-seven dollars and fifty cents.

For repairs, improvements and furniture of the state Repairs and house, a sum not exceeding one hundred dollars.

furniture.

edition of gen

For printing the pamphlet edition of the general acts Pamphlet and resolves of the year eighteen hundred and seventy-eral laws. three, two thousand one hundred forty-five dollars and fifty-four cents.

For registration blanks for the secretary's department, Registration five hundred seventeen dollars and eleven cents.

blanks.

to General

For the publication of the supplement to the General Supplement Statutes for the year eighteen hundred and seventy-two, Statutes. two hundred fifty-nine dollars and twenty cents.

ance in secre

For extra clerical assistance in the secretary's depart- Clerical assist. ment, four hundred fifty-eight dollars and seventeen cents. tary's office. For military accounts, a sum not exceeding two thou- Military acsand two hundred seventeen dollars and fifteen cents. For quartermasters' supplies, ninety-one dollars and Quartermasters" sixty-six cents.

counts.

supplies.

teer militia.

For mileage of the volunteer militia for the year eigh- Mileage, volunteen hundred and seventy-two, forty-six dollars and eighty

cents.