child was begotten in another town, in the same county, in which a police court is established. Garlick v. Bartlett, 4 Allen 365.

Civil.

SECTS. 18, 19. As to the exclusive jurisdiction of the municipal (formerly police) court of Worcester, see St. 1862, c. 148. St. 1868, c. 198, s. 9.

Jurisdiction of police courts of Boston and Chelsea, in civil actions and proceedings, so far as it extends, to exclude that of justices of the peace in the county of Suffolk. St. 1863, c. 197.

Sessions, Proceedings, &c.

Constables may be designated to attend police courts and trial justices in certain cases. St. 1862, c. 216, ss. 13, 14.

SECT. 20. Nothing in this section shall authorize any police court to be held in any other place than such as shall be provided therefor by the district for which such court may have been established. St. 1861, c. 115.

"Police courts and municipal courts shall be held for the transaction of criminal business, daily, except on Sundays and legal holidays." St. 1869, c. 385.

SECT. 21.

"And two-thirds of such expenses shall be repaid," &c. This clause struck out by St. 1861, c. 172. SECT. 22. "In case of his sickness, interest, absence, or other disability." See Williams v. Robinson, 6 Cush. 333. "The fact being stated on the record." This clause refers, not only to what immediately precedes, but to the whole of the preceding part of the section. Dike v. Story, 7 Allen 349, 351.

The compensation of a special justice may at his request be deducted out of the salary of the standing justice by the treasurer of the commonwealth, and by him paid to the special justice. St. 1862, c. 170.

SECT. 26. 66 Signed by the clerk or an assistant clerk." It is not contrary to the constitution, chapter 6, article 5, and the nineteenth article of amendment to the constitution, that writs

should be signed either by the clerk or assistant clerk. Jacobs v. Measures, 13 Gray 74.

"Shall bear test of the justice." The standing justice of a police court may be described in the process as "justice simply, without specifying whether standing or special. Commonwealth v. Jeffs, 14 Gray 19.

"And in case of the death," &c. It seems that the reason why the special justice acts, must appear, either by being appended to his signature, or otherwise. Commonwealth v. Fitzgerald, 14 Gray 14. - Commonwealth v. McCarty, 14 Gray 18.

SECT. 27. Witnesses in criminal cases may be ordered to recognize to appear at the next or any succeeding term of court. St. 1868, c. 69.

SECT. 31. Costs in criminal proceedings and receipts therefor to be entered in a record book. St. 1860, c. 191, s. 7.

Salaries.

SECT. 33. "Boston." Salary of chief justice and of each of the associate justices of the "municipal court of the city of Boston" to be $3,000. St. 1866, c. 279, s. 4. Salary of clerk raised to $2,000,- of second assistant clerk fixed at $1,500. St. 1860, c. 100.- St. 1866, c. 279, s. 4.

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"Southern District of Boston." Salary of justice of the municipal court of the southern district of Boston" (formerly "police court of Roxbury ") raised to $1,800. Salary of clerk raised to $1,000. St. 1869, c. 359, s. 1. See also St. 1867, c. 359, s. 4.

"Cambridge." Salary of justice raised to $1,800. Of clerk, to $1,000. St. 1869, c. 359, s. 2. (See also St. 1866, c. 298, s. 9.)

"Charlestown." See St. 1862, c. 209, s. 3. - - St. 1869, c. 359, s. 2.

"Chelsea." Salary of justice raised to $1,600. St. 1869, c. 359, s. 2. (See also St. 1864, c. 256.)

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'Chicopee." Salary of justice raised to $1,600. St. 1869, c. 359, s. 2.

"Fall River." Salary of justice raised to $1,200, and of clerk to $800. St. 1862, c. 92. St. 1869, c. 359, s. 2.

"Gloucester." Salary of justice raised to $1,609. St. 1869, c. 359, s. 2. (See also St. 1864, c. 127.)

"Haverhill." Salary of justice fixed at $1,200. Of clerk, at $600. St. 1867, c. 316. (See also St. 1861, c. 207.)

"Lawrence." Salary of justice raised to $1,800. Of clerk, to $1,000. St. 1869, c. 359, s. 2.

"Lee." Salary of justice raised to $500. St. 1861, c. 141. "Lynn." Salary of justice raised to $1,200. Of clerk, to $800. St. 1869, c. 359, s. 2.

"Milford." Salary of justice raised to $1,600. St. 1869, c. 359, s. 2. (See also St. 1866, c. 298, s. 9. - St. 1864, c. 70, s. 3.)

Newburyport." Salary of justice raised to $1,000. Of clerk, to $600. St. 1869, c. 359, s. 2.

"Pittsfield." See St. 1869, c. 416.

"Salem." Salary of justice raised to $1,800. Of clerk, to $1,000. St. 1869, c. 359, s. 2.

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Springfield." Salary of justice raised to $2,000. St. 1868,

c. 330.

"Taunton." Salary of justice of municipal court of Taunton raised to $1,200. Of clerk, to $800. St. 1869, c. 359, s. 1. See also St. 1864, c. 209, s. 21.

"Worcester." Salary of justice of municipal court of the city of Worcester fixed at $2,000. Of clerk, at $1,200. St. 1868, c. 198. (See also St. 1864, c. 281.)

Police Court of Boston.

Municipal court of the city of Boston substituted for the police court of Boston. St. 1866, c. 279. St. 1867, c. 355. - St. 1867, c. 356.

CHAPTER CXVII.

OF PROBATE COURTS.

Courts and Jurisdiction.

Probate courts made courts of record. St. 1862, c. 68, s. 3. As to the jurisdiction of probate courts in cases in which the judge of the court is interested, see chapter 119, s. 4, and notes to the same.

SECT. 2. "Of persons who at the time of their decease were inhabitants of or residents in the county." As to what constitutes a person such an inhabitant or resident, see Holyoke v. Haskins, 5 Pick. 20. Harvard College v. Gore, 5 Pick. 370. "Leaving estate to be administered in such county." Although no such estate is included in the inventory filed, parol evidence, to show that such estate was left by the deceased, is admissible for the purpose of proving the validity of the administration. Harrington v. Brown, 5 Pick. 519.

Real estate conveyed away by the deceased in fraud, of his creditors is within the meaning of this clause. Bowdoin v. Holland, 10 Cush. 17.

The probate court has jurisdiction of a question of fraud, so far as it is incidental to any subject of which it has jurisdiction under the statutes. Wade v. Lobdell, 4 Cush. 510, 512.

SECT. 4. Prior to Rev. St. c. 83, s. 12, if jurisdiction was assumed by the probate court in the wrong county, the grant of administration and all proceedings under it were absolutely void. Holyoke v. Haskins, 5 Pick. 20.-Cutts v. Haskins, 9 Mass. 543.

SECT. 5. "Notice to all persons." By St. 1864, c. 265, certain notices were required to be sent by mail, but by St. 1865, c. 254, that act was repealed, and it was provided that "no right, title, or proceeding shall be affected by reason of any failure or omission heretofore to comply with the requirements thereof."

Appeals.

The supreme court has no authority to issue a writ of certiorari to the probate court, or to annul or reverse a decree of that court otherwise than by appeal. Peters v. Peters, 8 Cush. 529, 535, 543.

SECT. 8. 66 Any person aggrieved." The heirs presumptive of a non compos are entitled, as "persons aggrieved," to appeal from a decree of the probate court allowing an account of the guardian of such non compos. Boynton v. Dyer, 18 Pick. 1, 3.

Sureties on the bond of a deceased and insolvent guardian have a right to appeal from a decree settling an account of such guardian, and fixing an amount as due from his estate to that of the ward. Farrar v. Parker, 3 Allen 556.

An administrator de bonis non may appeal from a decree allowing the administration accounts of the original executor or administrator. Wiggin v. Swett, 6 Met. 194, 196.

An administrator appointed in another state, on the estate of a person there deceased, may appeal from a decree in this state appointing an administrator here. Smith v. Sherman, 4 Cush. 408, 411.

Where by a will a large pecuniary bequest, payable at a future day, was made to a town in trust to establish certain agricultural institutions, such town was held to be entitled to appeal from a decree respecting such will. Northampton v. Smith, 11 Met. 390, 393.

But a creditor of an heir-at-law is not entitled to appeal from a decree allowing a will of the ancestor of such heir. Otherwise, if the creditor, at the time of the decree and appeal claimed, has an attachment on the real estate of such heir. Smith v. Broadstreet, 16 Pick. 264.

One claiming property under a gift causa mortis, is not entitled to appeal from a decree charging the administrator of the deceased donor with the property and ordering it to be distributed among the next of kin. Lewis v. Bolitho, 6 Gray 137.