1855, 215, §§ 15, 5 Cush. 409. chapter eighty-six; of offences for keeping billiard tables or bowling 1852, 299. alleys contrary to the provisions of section seventy of chapter eighty- 16. eight; of violations of the laws relating to the public health; and of 1857, 194, §§ 1, 2. offences against property in cemeteries; but no single penalty imposed for the last named offences shall exceed fifty dollars. SECT. 41. They shall have jurisdiction concurrent with the superior court, 5 Gray, 98. See Ch. 26. Ch. 122, § 13. of larcenies, buying, &c.,sto First. Of larcenies mentioned in section eighteen of chapter one hundred and sixty-one, when the money or other property stolen is not len goods, &c., alleged to exceed the value of fifteen dollars, and of all other larcenies obtaining propwhen the value of the property stolen is not alleged to exceed the value pretences, trick, of five dollars: erty by false &c. 1857, 80. 5 Cush. 289. See Ch. 161, 16-18, 21, 2527, 43-15, 54-57. Second. Of offences of buying, receiving, or aiding in the conceal- 23. ment of, stolen goods or other property, where they would have jurisdiction of a larceny of the same goods or property: Third. Of offences of obtaining property by any false pretence, or by any privy or false token; or by the game of three-card monte, or any other game, device, sleight of hand, pretensions to fortune-telling, trick, or other means, by the use of cards or other implements or instruments, where they would have jurisdiction of a larceny of the same property: In all which cases the punishment for a first offence shall be by a Punishment. fine not exceeding fifteen dollars or imprisonment in the jail not exceeding six months; and upon a second conviction of the like offence, committed after a former conviction before a police court or a justice of the peace, the punishment shall be by fine not exceeding twenty dollars or imprisonment in the jail not exceeding one year: provided, that if the Restitution. party convicted of buying, receiving, or aiding in the concealment of, such stolen goods or property, makes satisfaction to the person injured to the full value of the property stolen and not restored, the punishment of the offence may be mitigated as justice may require. jurisdiction in 1846, 52, §§ 1, 2. SECT. 42. They shall have jurisdiction concurrent with the superior Concurrent court of all the offences mentioned in sections eighty-two, eighty-three, certain cases. and eighty-five, of chapter one hundred and sixty-one, when the value R. S. 126, § 46. of the trees, fruit, flower, or other property, injured, destroyed, taken, or carried away, or the injury occasioned by the trespass, is not alleged to exceed the sum of fifteen dollars; and in any such case the punishment shall be by imprisonment in the county jail not exceeding thirty days or fine not exceeding fifteen dollars. SECT. 43. They shall have jurisdiction concurrent with the superior Same subject. court of offences under section forty-eight of chapter one hundred and 1856, 39, § 2. sixty-one; but they shall not impose a fine exceeding ten dollars for any such offence. larcenics from SECT. 44. They may in their discretion take jurisdiction and punish Jurisdiction of by fine not exceeding twenty dollars, or imprisonment in the jail or building, &c. house of correction not exceeding one year, farcenies from a building, 1851, 156, § 4. ship, or vessel, under section fifteen of chapter one hundred and sixtyone, where the money or property stolen does not exceed in value ten dollars. SECT. 45. They shall cause to be arrested all persons found within their counties charged with any offences, and persons who after committing any offence within the county escape out of the same; examine into treasons, felonies, high crimes, and misdemeanors; and commit or bind over for trial those who appear to be guilty of crimes or offences not within their jurisdiction, and punish those guilty of such offences within their jurisdiction. 1852, 4. to arrest, bind over, &c., ford meanors, &c. felonies, misde R. S. 85, § 26. court. SECT. 46. Every person convicted before a justice of the peace of Appeal allowed any offence whatever, except militia fines exceeding ten dollars exclusive to superior of costs, may appeal from such sentence to the term of the superior R. S. 12, § 112. R. S. 85, § 28. Justices to frame, &c., ne &c. court then next to be held in the same county for criminal business, as provided in chapter one hundred and seventy-three. GENERAL PROVISIONS. SECT. 47. Justices of the peace may issue all writs, warrants, and cessary writs, processes, necessary or proper to carry into effect the powers granted to them; and when no form is prescribed therefor by statute, they shall frame one in conformity with the principles of law and the usual course of proceedings in the courts of this state. R. S. 85, § 29. 2 Met. 272. 11 Cush. 262. 4 Gray, 83. may grant summons in criminal cases. R. S. 85, § 39. may administer oaths, &c. R. S. 85, § 36. punish for contempts. R. S. 85, § 33. 2 Gray, 123. to keep record. R. S. 85, § 35. 12 Met. 10. may adjourn courts. R. S. 85, § 32. not to commence actions before themselves. 1851, 273. not to be of SECT. 48. They may grant summons for witnesses in all criminal cases pending before any court whatever, when requested by the attor ney-general or other person acting in the case in behalf of the state, and also when requested by the party prosecuted: provided, that in the lat ter case it shall be expressed in the summons that it is granted at the request of the party prosecuted, and the witness shall not be required to attend unless upon payment or tender of his legal fees. SECT. 49. They may administer oaths or affirmations in all cases in which an oath is required, unless a different provision is expressly made by law. SECT. 50. They may punish such disorderly conduct as interrupts any judicial proceedings before them, or is a contempt of their authority or person, by fine not exceeding ten dollars, or by imprisonment in the common jail of the county not exceeding fifteen days. SECT. 51. They shall keep a record of all their judicial proceedings, both in civil and criminal cases. 2 Gray, 117. 3 Gray, 574. 4 Gray, 29. SECT. 52. nal, on trial require. SECT. 53. They shall not commence or be concerned in the institution of civil actions returnable before themselves. They may adjourn their courts in all cases, civil or crimibefore them, to any other time or place as occasion may civil SECT. 54. They shall not be retained or employed as counsel or attor ney before any court, upon appeal or otherwise, in any suit or action counsel or at- previously determined before themselves; nor shall they try any action commenced by themselves or by their order or direction; and every civil action so commenced shall be dismissed with costs for the defendant. torney, &c. R. S. 85, § 34. 6 Cush. 332. 10 Cush. 494. 11 Cush. 315. 2 Gray, 120, 410. power of to continue after SECT. 55. When the commission of a justice of the peace expires while a judgment rendered by him remains unsatisfied, he shall nevercommission ex- theless be authorized to issue execution thereon with the same effect as pires, &c. if his commission had continued in force. R. S. 85, § 22. when commission expires R. S. 85, § 23. 1852, 283, § 4. SECT. 56. When a justice of the peace is commissioned and qualified and is renewed. anew at or before the expiration of his former commission, his authority shall be considered as having continued without interruption; and all business commenced by or before him under the former commission may be prosecuted and completed in the same manner as if that commission had continued in force. to account for all fines, &c., received. B. S. 85, § 37. to make annual returns to county treasurers of fees of sheriffs, &c. 1847, 274, § 1. to secretary of SECT. 57. Justices of the peace shall twice in every year account with the treasurers of their respective counties and towns, for all fines, forfeitures, and costs, received upon convictions or other proceedings before them, and shall pay over to said treasurers respectively all moneys due and payable to them on such account. SECT. 58. They shall annually on the first day of January return to the county treasurers of their respective counties, with a schedule thereof, all fees of sheriffs, deputy sheriffs, constables, and witnesses, taxed and allowed three years previously thereto, and then remaining in their hands. SECT. 59. Justices of the peace before whom criminal causes have 1852, 289, § 1. 1858, 155, § 1. been commenced or examined previously to the first day of October in state, of crimes, any year, shall on or before the fifteenth day of said month return to costs, &c. the secretary of the commonwealth, under oath, a true statement of all 1857, 40. such causes, setting forth therein the date of such examinations, the 1858, 165, names of the parties prosecuted, the crimes, offences, or misdemeanors, See Ch. 14, §§ 9for which the prosecutions were had, the results thereof, the judgment of the court thereon, the amount of the bill of costs in each case, and how the same was paid. SECT. 60. Any officer neglecting to make the returns required of him by the preceding section, shall forfeit two hundred dollars." SECT. 61. The secretary of the commonwealth shall annually in September furnish to justices of the peace and police courts, blank forms for returns under the two preceding sections, with said sections printed thereon. Upon the receipt of such returns the secretary shall transmit the same to the auditor, who shall examine and report upon them to the general court. SECT. 62. Nothing in this chapter shall control the regulations concerning any police court whereby a different provision is made for the exercise of any of the powers of justices of the peace. 14. Ch. 176, § 3. Penalty on jus tices for neglect. 1852, 289, § 3. Secretary to furnish forms, &c. 1858, 155, § 2. 1852, 289, § 4. This chapter not to affect police courts. R. S. 85, § 40. 1849, 137, § 1. CHAPTER 121. OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICIAL COURTS. Clerk of S. J. C. for commonwealth. Ap 1859, 196, § 40. SECTION 1. The clerk of the supreme judicial court for the commonwealth shall be appointed by the court, and hold his office for five pointment, &c. years, unless sooner removed. The clerk of the court for the county of Suffolk shall act as such clerk until one is appointed and qualified. SECT. 2. An assistant clerk of the court may be appointed by the court for the commonwealth, to hold his office for three years from the first day of January next after his appointment, unless sooner removed by the court. Assistant clerk. 1859, 196, § 40. Clerk, duties of. 1859, 196, § 42. same subject. 1859, 196, § 43. to account for fees, &c. 1859, 196, § 43. SECT. 3. The clerk shall attend all sessions of the court, preserve all the files and papers thereof, keep a docket record of all questions transferred, and all petitions, complaints, or other process presented to the court, entering thereon the name of the parties in full and the name of the counsel appearing in behalf of either party, with a brief descrip tion of the kind of action or proceeding. He shall record thereon accurate minutes of all orders, decrees, or directions of the court in each case, transmit forthwith to the clerks of courts in the several counties all rescripts made or ordered by the court, together with the papers belonging to the supreme and superior court in each case, and receive and keep safely all papers transmitted to him by the clerks of the courts. SECT. 4. He shall make copies of all papers on file in said court, and of the docket record thereof when desired, and certify the same under the seal of the court; and shall issue such writs or other process as the court directs; he shall charge the fees provided by law for like services for clerks of courts, and when no express sum is fixed receive a fair compensation for the services required of him in analogy to like services for which a compensation is fixed by law: provided, that the fees for entry upon the docket, the record, the transmission of all neces sary papers and the rescript in each case, shall not exceed one dollar and fifty cents in the whole. SECT. 5. The clerk shall annually before the last Wednesday of December, account with and pay over to the treasurer of the commonSee Ch. 15, § 36. wealth all fees received by him, and receive from the treasurer an annual salary of three thousand dollars. Clerks of SECT. 6. The clerks and assistant clerks of the courts of the several county commis- counties shall be clerks of the county commissioners. sioners. 1857, 1. 1860, 11. vacancy in office of, how filled. 1856, 173, § 9. SECT. 7. If a vacancy occurs in the office of clerk of the courts in any county, or of the clerk of the supreme judicial court in the county Clerk of courts, of Suffolk, the justices of said court, or a majority of them, may appoint a clerk, who shall hold the office until the next annual election, or until another is elected or appointed in his stead. Upon a vacancy in the county of Suffolk in the office of a clerk of the superior court, the justices of that court shall in like manner appoint a clerk for a similar term. Assistant office of. filled. 1850, 236. 1851, 38. SECT. 8. The assistant clerks of the courts in the counties of Midclerks, tenure of dlesex and Worcester, of the supreme judicial and superior courts in Vacancies, how the county of Suffolk, shall continue to hold their offices according to the tenor of their respective appointments. As vacancies occur, the justices of the supreme judicial court, or a majority of them, shall appoint an assistant clerk for the counties of Suffolk, Middlesex, and Worcester respectively, who shall hold their offices for the term of three years, subject to removal by the court. Upon the occurrence of a vacancy in the office of assistant clerk of the superior court in the county of Suffolk, the justices of said court shall in like manner appoint an assistant clerk. 1855, 449, § 2. 1856, 37, § 1. 1859, 196, § 9. 13 Gray, 74. duties, clerks may be appoint 1851, 158, §§ 1, 3. SECT. 9. If, by reason of sickness or other cause, the clerk of the If clerks are uncourts in any county or of the supreme judicial court is unable to dis- able to perform charge the duties of his office, and there is no assistant clerk or he is pro tempore also unable, the justices of the supreme judicial court, or a majority of ed. Record to them, may appoint a clerk pro tempore, who shall perform the duties of be made. the office until the clerk or assistant clerk resumes his duties. The justices of the superior court may in like manner appoint a clerk pro tempore, when the clerk and assistant clerk of that court in the county of Suffolk cannot perform the duties of the office. When, after any such temporary appointment, the clerk or assistant clerk resumes his duties, he shall make a record of that fact, with the date, under his signature, in the then latest book of records in each of the courts. 1859, 196, § 9. not present at may appoint pore. SECT. 10. If at a term of any court neither the clerk nor assistant clerk is present, the court may appoint a clerk pro tempore, who shall terms, court perform the duties of the office during the term or until the clerk or clerk pro temassistant clerk resumes his duties; unless an appointment under some R. S. 81, § 14. one of the preceding sections or an election pursuant to law is sooner R. S. 88, § 13. made. SECT. 11. The clerk, assistant clerk, and clerk pro tempore of a Clerks to be court shall be sworn before a judge thereof. 1851, 38, §1. 1851, 158, § 2. 1855, 449, § 2. 1856, 37, § 1. 1856, 173. 1859, 196, §§ 40, 41. SECT. 12. The clerk and assistant clerk of the supreme judicial court for the commonwealth shall give bond, approved by the court, with sufficient surety or sureties in the sum of two thousand dollars, to the treasurer of the commonwealth, with a condition for the faithful performance of the duties of their respective offices, before entering upon the same. The clerks and assistant clerks shall give bond in like manner to the treasurers of their respective counties, in a sum not less than five hundred nor more than two thousand dollars, to be determined by the court; and the clerks pro tempore appointed under section nine shall give bond in like manner, if required by the court. SECT. 13. The clerks shall attend all the courts of which they are clerks when held in their respective counties, and the sessions of the county commissioners, and record their proceedings; and shall have the care and custody of all the records, books, and papers appertaining to and filed or deposited in their respective offices. SECT. 14. They shall keep in every book of records an alphabetical list of the names of all the parties to any suit or judgment therein recorded, with a reference to the page where it is recorded; and when there are several persons, either plaintiffs or defendants, the name of every person, with a like reference, shall be inserted in its appropriate place in the alphabetical list. SECT. 15. At every term of the supreme judicial court, the clerk shall exhibit the then latest book of records of each of the courts in the county, and such others as are required, so that the court may have notice of any errors or defects in the keeping of the records, and cause the same to be corrected as occasion requires. sworn. R. S. 86, § 8. 1850, R. to give bonds. 236, § 1. S. 88, §3. 1843, 7, § 2. 1850, 236, § 1. 1851, 38, §1. 1851, 158, § 2. 1856, 37, §3. 1859, 196, § 41. general duties of to make alof names of parties. R. S. 88, § 7. phabetical list to exhibit records to S. J. spect records SECT. 16. The justices of the several courts shall inspect the doings Justices to inof the clerks from time to time, and see that the records are made up of, &c. seasonably and kept in good order; and if the records are left incom- R. S. 88, § 8. plete for more than six months at any one time, such neglect, unless caused by sickness or other extraordinary casualty, shall be adjudged a forfeiture of the clerk's bond. SECT. 17. In case of any neglect causing a forfeiture of the clerk's Forfeiture of or assistant clerk's bond, the justices shall forthwith give notice thereof proceedi Proceedings. in writing to the treasurer having custody of the bond, who shall there- R. S. 88, § 9. upon cause the bond to be put in suit. SECT. 18. The sum recovered in such suit shall be applied to Sum so recov making up the deficient records under the direction of the court in ered, how ap plied. |