Courts, when and where held. SECT. 16. The court shall be held in every year at the times and 1859, 196, § 10. places following, that is to say: Barnstable. For the county of Barnstable, at Barnstable on the Tuesday next after the first Monday of April, and on the Set Tuesday of Sep odotier. Berkshire. Bristol Dukes County. Essex. Franklin. Hampden. Hampshire. Middlesex. Nantucket. it mon a hat & fel Norfolk. Plymouth. Suffolk. Worcester. Civil and crim For the county of Berkshire, at Lenox, for civil business on the fourth Mondays of February, June, and October; for criminal business on the first Mondays of January and July: For the county of Bristol, at Taunton on the second Mondays of March and September, and at New Bedford on the second Mondays of June and December: For the county of Dukes County, at Edgartown, on the last Mondays of May and September: For the county of Essex, for civil business, at Salem on the first Mondays of June and December, at Lawrence on the first Monday of March, and at Newburyport on the first Monday of September; for criminal business, at Salem on the third Monday of January, at Newburyport on the second Monday of May, and at Lawrence on the fourth Monday of October: For the county of Franklin, at Greenfield, on the third Monday of March, and the second Mondays of August and November: For the county of Hampden, at Springfield, for civil business on the second Mondays of March and June, and the first Monday of October; for criminal business, on the third Monday of May and first Monday of December: For the county of Hampshire, at Northampton, for civil business, on the third Monday of February, the first Monday of June, and the third Monday of October; for criminal business on the second Monday of June and third Monday of December: For the county of Middlesex, for civil business, at Lowell, on the second Monday of March and the first Monday of September, at Concord on the first Monday of June, and at Cambridge on the second Monday of December; for criminal business, at Cambridge, on the second Monday of February, at Concord on the fourth Monday of June, and at Lowell on the third Monday of October: For the county of Nantucket, at Nantucket, on the first Mondays of For the county of Plymouth, at Plymouth, on the second Mondays of Fourth For the county of Worcester, for civil business, at Worcester, on the first Monday of March, the Monday next after the fourth Monday of August, and the second Monday of December; and at Fitchburg on the second Mondays of June and November; for criminal business, at Worcester, on the third Monday of January, the second Monday of May, and the third Monday of October; and at Fitchburg on the second Monday of August. SECT. 17. In the counties where both civil and 'criminal terms are inal business to established, civil business exclusively shall be transacted at civil terms, and criminal at criminal terms; and continuances of civil and criminal cases shall be to civil and criminal terms respectively without any special order therefor, except as provided in the following section. be transacted at Suits on recog- criminal mat ters. R. S. 82, § 43. SECT. 18. In such counties civil suits on recognizances entered into in criminal prosecutions cognizable by this court, shall be returnable to and have day in criminal terms. 1841, 111, § 3. 1859, 196, § 12. SECT. 19. No justice shall hold in any one year more than four No justice to terms for the transaction of criminal business only. hold more than four criminal SECT. 20. At any term of the court wherein criminal business may terms a year. be transacted, causes arising under the provisions of chapters one hun- Certain actions dred and forty-four, eighty-six, and eighty-seven, shall have precedence to have precein the order said chapters are herein named, next after the causes of persons actually confined in prison and awaiting trial. dence. of, &c. SECT. 21. The records of courts transferred to the superior court Records transshall remain in the custody of its clerks. In the county of Suffolk the ferred, custody clerk of said court, for civil business, shall have the custody of said 1859, 196, § 4. records in civil cases, and the clerk for criminal business shall have the custody of said records in criminal cases. Copies of said records may be certified by said clerks respectively. Judicial writs and processes founded upon such records shall issue under the seal of the superior court, in like manner and with the same effect as similar writs and processes founded upon its own records. tices. SECT. 22. The chief justice of the court shall receive an annual sal- Salaries of jusary of three thousand seven hundred dollars, and each of the other jus- 1859, 196, § 17. tices an annual salary of three thousand five hundred dollars, from the See Ch. 15, § 36. treasury of the commonwealth. CHAPTER 115. OF MATTERS COMMON TO THE SUPREME JUDICIAL AND SUPERIOR SECTION COURTS. 1. Justices, tenure of office. Senior justice to 2. to be conservators of the public peace. 4. to make rules for practice, &c. 5. not to charge juries as to matters of fact. 6. may set aside verdict, &c., before judgment, &c. 7. Decision on pleas in abatement, &c., to be final. Exceptions to rulings, &c., when to be presented, &c. SECTION 12. Copies of exceptions, &c., to be sent up 13. Questions of law in Berkshire, &c., may, by 14. Judgment may be entered as of former 15. First day of term, how designated. 16. Two or more sessions may be held at same 17. Courts to allow, &c., accounts, &c. 18. Justices to make convenient arrangements 19. Court may adjourn to another shire town. 21. Same subject. 22. Courts to establish seal and appoint offi cers. chief. Absence, &c., of SECTION 1. The justices of the supreme judicial court and superior Justices, tenure court shall continue to hold their offices according to the tenor of their of office. commissions, and vacancies be filled in the manner provided by the constitution. In case of a vacancy in the office of chief justice of either court, or of his sickness or absence, his duties shall be performed by the senior justice of such court present and qualified to act. SECT. 2. The justices of the supreme judicial court and superior court shall severally by virtue of their offices be conservators of the peace throughout the commonwealth. R. S. 81, §§ 1, 49. 1859, 196, § 7. to be conservators of the public peace. R. S. 81, § 7. Courts may SECT. 3. The courts respectively may make and award such judgments, decrees, orders, and injunctions, and shall issue all writs and pro- make judgme cesses necessary or proper to carry into effect the powers granted to writs, &c. 9 not to charge may set aside Decision on leas in abate final. Exceptions to when to be pre sented, &c. R. S. 81, §§ 27, 28. R. S. 82, § 12. them, and when no form for any such writ or process is prescribed, the court shall frame one in conformity with the principles of law and the usual course of proceedings in the courts of this commonwealth. SECT. 4. The courts shall respectively from time to time make and promulgate uniform codes of rules for regulating the practice and conducting the business of such courts in cases not expressly provided for by law; for the purpose of First. Simplifying and shortening the pleadings and other proceed ings: Second. Prescribing the terms upon which amendments will be allowed by the court, or upon which unnecessary counts and statements will be stricken out of the record; discouraging negligence and deceit; preventing delay; securing parties from being misled; placing the party not in fault as nearly as possible in the condition in which he would have been if no mistake had been made; distinguishing between form and substance; and affording known, fixed, and certain requisitions, in place of the discretion of the court: Third. For conducting trials: Fourth. Presenting more distinctly the questions to be tried by the jury: Fifth. Giving each party notice of matters intended to be given in evidence by the other party so as to prevent surprise and enable suitors to prepare for trial: Sixth. Respecting the forms of verdicts so as to place upon record the finding of the jury in matters of fact: Seventh. Expediting the decision of causes: Eighth. Remedying abuses and imperfections in practice and dimin ishing costs: provided, that such rules are not repugnant to the laws of the state, and that the rules of the superior court shall not conflict with those of the supreme judicial court, but upon the same subject shall be in conformity therewith. SECT. 5. The courts shall not charge juries with respect to matters of fact, but may state the testimony and the law. SECT. 6. The courts may, at any time before judgment in a civil action, set aside the verdict and order a new trial, for any cause for which a new trial may by law be granted; or after verdict may report the case for determination by the supreme judicial court. SECT. 7. Decisions of a justice of either court, upon pleas in abatement, &c., to be ment or on motions to dismiss for defect of form in process, shall be final on the question raised. On motions for a new trial, and in all cases, civil or criminal, whether according to the course of the common law or otherwise, a party aggrieved by an opinion, ruling, direction, or judg ment, of the court in matters of law, may allege exceptions thereto; such exceptions, being reduced to writing in a summary mode and filed with the clerk, and notice thereof given to the adverse party, may be presented to the court before the adjournment without day of the term in which the exceptions are taken, and within three days after the verdict in the case, or after the opinion, ruling, direction, or judgment, excepted to is given. For good cause shown, a further time, not exceeding five days, unless by consent of the adverse party, may be allowed by the court. The exceptions being examined and found conformable to the truth shall be allowed by the presiding judge. In all cases the adverse party shall have an opportunity to be heard concerning the allowance of such exceptions. 1863 ch.18 to be allowed, 1859, 196, § 27. SECT. 8. The exceptions shall be restored to the files of the court within five days after the same are presented to the judge, with a cer tificate under his hand either allowing or disallowing the same, unless the judge finds that further time is necessary for the examination or hearing upon the same, not exceeding ten days, unless for reasons 3 rendering more delay necessary, which shall be certified by the judge on restoring the papers. lowance of ex R. S. 81, §§ 29, 1859, 196, § 28. SECT. 9. The trial of questions of fact shall not be prevented or Trials not to be delayed by the filing or allowance of exceptions, but the court shall delayed by alproceed to the determination of such questions as if exceptions had not ceptions. been taken, and such further proceedings be had as the court orders; 33. but no judgment shall be entered unless the exceptions are adjudged R. S. 82, § 13. immaterial, frivolous, or intended for delay. SECT. 10. If the exceptions appear to the justice before whom the If exceptions trial is had, to be frivolous, immaterial, or intended for delay, judgment judgment may may be entered, and execution awarded or stayed on such terms as the be entered, &c. court deems reasonable, and in criminal cases sentence passed, notwith- 10 Pick. 252. standing the allowance of the exceptions. If execution is not awarded, any security which has been taken in the case, whether by bond, attachment, or otherwise, shall stand as if no judgment had been entered, until an order is made for final judgment. are frivolous, R. S. 81, § 29. on petition. 29, 30. SECT. 11. If the justice disallows or fails to sign and return the If disallowed, exceptions, or alters any statement therein, and either party is aggrieved, may be proved, the truth of the exceptions presented may be established before the R. S. 81, §§ 28, supreme judicial court upon petition setting forth the grievance, and 1851, 261. thereupon, the truth thereof being established, the exceptions shall be 1859, 196, § 29. heard, and the same proceedings had as if they had been duly signed 4 Gray, 166, 573. and brought up to said court with the petition. The supreme judicial 98 mass court shall make and promulgate rules for settling the truth of exceptions alleged and not allowed. 10 Pick. 252. to be sent up within 20 days. 1859, 196, §§ 26, 27, 34. Questions of law in Berk by consent of parties, be shire, &c., may, in Bos SECT. 12. Copies and papers relating to a question of law arising in Copies of exeither court upon appeal, by bill of exception, reserved case, or other- ceptions, &c., wise, shall within twenty days from the adjournment of the court for that term without day, be transmitted to and entered in the law docket of the supreme judicial court for the proper county; but the entry thereof shall not transfer the case, but only the question to be determined. SECT. 13. Questions of law arising in the supreme judicial court or superior court, when sitting for the counties of Berkshire, Hampshire, Franklin, Hampden, or Worcester, may, by consent of all the parties filed in the case, be entered and heard at the law term of the supreme judicial court at Boston. And if the judge before whom any action or proceeding is tried in the courts in said counties in which a question of law is saved or arises for the determination of the full court, deems the exception or appeal frivolous, or intended for delay merely, or that the interests of the parties or the public require a more speedy determination thereof than can be attained in the terms established for the county in which the trial is had, he shall so certify and order the questions of law to be entered and heard at the term aforesaid in Boston; and all the other proceedings shall be the same as if the questions had arisen in any other county. ton. 1859, 196, § 36. Judgment may be entered as of former term. First day of SECT. 14. The courts may at their discretion, whenever justice requires it, enter any judgment as of any day of a former term. SECT. 15. In writs, processes, records, and judicial proceedings, civil and criminal, the day on which any term is to commence may be desig- ignated. nated as the first, second, or other Monday, or other day in the week, in 1859, 196, § 18. the month in which the same happens. term, how des sessions may be 1851, 330, § 2. SECT. 16. Two or more sessions of the court may be held in the Two or more same county at any term for the transaction of business, when the held at same public convenience requires; and such division of the business may be term. made as may conduce to its more speedy and convenient disposal. SECT. 17. The courts shall respectively receive, examine and allow Courts to allow, accounts for services and expenses incident thereto in the several coun- 1836, 4, § 10. ties, and order payment thereof out of the respective county treasuries. 1859, 196, § 20. SECT. 18. The justices of said courts respectively, or a majority of Justices to &c., accounts. make conven ient arrange ing courts. them, shall, from time to time, make such arrangements for the attend ments for hold- ance of some one of them at the several times and places appointed for holding the courts, as will be most convenient, and insure a punctual and prompt discharge of their duties. R. S. 82, § 38. Court may adjourn to another shire town. 1848, 236. 1859, 275. Adjournment of R. S. 81, § 39. SECT. 19. If the public business demands, either court may adjourn an established term in one shire town to another in the same county. Persons, recognizances, and processes required to appear at or to be returned to the established term, shall appear at, be returnable to, and have day in, the adjourned term. SECT. 20. When no justice is present at the time and place appointed for holding a court, whether at the beginning of a term or any adjournment thereof, the sheriff of the county or either of his 1859, 196, § 19. deputies may adjourn the court from day to day, or from time to time, as circumstances require, or as ordered by any of the justices, and shall give notice of such adjournment by making public proclamation in the court house, and by a notification posted on the door of the court house, or published in some newspaper. Same subject. R. S. 81, § 40. Courts to estab SECT. 21. In such case any justice may, by a written order, require the sheriff or his deputy to adjourn the court without day, or to the time expressed in the order; and the officer shall adjourn the court accordingly by public proclamation in the court house. SECT. 22. Each court shall have power to establish a seal, and to appoint officers, appoint all officers necessary for the transaction of its business. lish seal, and 1859, 196, § 16. |