Registers.

Judges to inspect doings and records of registers. If records left incomplete for more than six months, unless, &c., to be adjudged forfeiture of register's bond, and bond to be put in suit. St. 1861, c. 95.

Salaries and Fees.

SECT. 16. For present salaries of judges, registers, and assistant registers, see St. 1867, c. 357, s. 1. (Previously altered by St. 1864, c. 298.)

CHAPTER CXX.

OF JUSTICES OF THE PEACE.

SECT. 1. This section alters the jurisdiction of justices from what it was previous to the General Statutes. Then actions for trespass on real estate or for disturbance of a right of way or other easement, and all other personal actions in which the title to real estate was concerned, might be commenced in the court of common pleas or superior court, although the damages demanded did not exceed $20. By this section all such actions, where the damages demanded fall below the above limit, must be commenced before a justice of the peace or police or municipal court. See Report of Commissioners on Gen. St., notes to chapter 113, section 5, and to this section. See also Heims v. Ring, 11 Allen 352, 353.

With regard to the jurisdiction of justices of the peace, as affected by the residence or places of business of the parties, see Aspinwall v. Cushman, 11 Allen 405.

"Wherein the debt or damages demanded do not exceed $20." The jurisdiction is determined solely by the ad damnum set forth in the writ, although the actual amount in controversy may be less. Ashuelot Bank v. Pearson, 14 Gray 521.

SECT. 6. "No writ issued by a justice of the peace shall run

into any other county," &c. It seems that, in certain cases of writs of forcible entry and detainer, the writ may run into another county. St. 1866, c. 47.

If a justice's writ is served in another county contrary to this section, the service will be a mere nullity, and will give the justice no right or authority to take cognizance of the case. Pitman v. Tremont Nail Co., 2 Allen 531, 532.,

SECT. 7. It seems that a writ cannot lawfully run into another county under this section for the purpose of attachment, unless the justice has a right to take jurisdiction of the person of the defendant. Cahoon v. Harlow, 7 Allen 151, 152.

SECT. 12. As to the proper mode of proceeding by the defendant in the case provided for in this section, see Raymond v. Bolles, 11 Cush. 315, 318.

SECT. 14. "The party requiring the case to be removed shall recognize," &c. See note to section 26.

SECT. 16. Under this section a defendant may avail himself of a tender upon a general denial made orally, but he must perfect his tender by paying, or offering to pay, the money into the court before trial or other disposition of the case in that court, if he would avail himself of such tender in the superior court upon appeal. Brickett v. Wallace, 98 Mass. 528.

“An entry shall be made upon the record that the defendant appears," &c. An entry that "the defendant appears and pleads orally and says he is not guilty," will be sufficient under this section. Wilbur v. Taber, 9 Gray 361.

SECT. 17. "When the debt or damage exceeds $20." This is to be determined solely by the ad damnum in the writ. Trees v. Rushworth, 9 Gray 47.- Ashuelot Bank v. Pearson, 14 Gray 521.

SECT. 25. 66 Aggrieved by the judgment of a justice." This refers to a judgment of nonsuit as well as to a judgment on the merits. Ball v. Burke, 11 Cush. 80.

"Within twenty-four hours." Such hours must be exclusive of Sunday. McIniffe v. Wheelock, 1 Gray 600, 603.

After the entry of the judgment." This refers to the time when the judgment is actually rendered, though the formal entry thereof on the docket may be delayed. Gardner v. Dudley, 12 Gray 430.

"To the superior court then next to be held." That is, next after the entry of the judgment, though before the taking of the appeal. McIniffe v. Wheelock, 1 Gray 600.

"In like manner as if it had been originally commenced there." See Jaha v. Belleg, 13 Allen 78, 80.- Lew v. Lowell, 6 Allen 25, 27.

SECT. 26. Recognizance not to be required when defendant, has given a bond to dissolve an attachment made in the suit. St. 1862, c. 217, s. 5.

In any case the defendant, instead of giving recognizance under this section, may give bond, &c. St. 1862, c. 217, s. 6. "The appellant shall * * * recognize," &c. The appellant may do this by his attorney. Adams v. Robinson, 1 Pick. 461. "If required by him." If not so required, no recognizance at all need be given. McKeag v. O'Donnell, 10 Allen 543. "With condition to prosecute," &c. The insertion of an obligation which is unwarranted will render the recognizance void. Newcomb v. Worster, 7 Allen 198.

SECT. 28. See Lew v. Lowell, 6 Allen 25.- Wilbur v. Taber, 9 Gray 361.

SECTS. 29-31. Provisions for continuing suits when the justice dies after service of the writ and before final judgment. St. 1862, c. 141.

Jurisdiction, &c., in Criminal Matters.

As to the general foundation of such jurisdiction, see Knowles v Davis, 2 Allen 61, 64.

SECT. 32. If one, who has been arrested without a warrant by a justice of the peace for an assault committed in his pres ence, escapes, a constable may be ordered by the justice, without a warrant, to pursue and retake him. Commonwealth v. McGahey, 11 Gray 194.

Trial Justices.

The governor, with the advice and consent of his council, may at any time revoke the designation of any trial justice. St. 1860, c. 187, s. 1.

Trial justices to hold office for three years only. St. 1860. c. 187, s. 2.

Acts of certain trial justices, not duly qualified, confirmed. St. 1864, c. 286.

Trial justices may, in their discretion, take jurisdiction of offences of peddling contrary to law. St. 1868, c. 12.

SECT. 34. A trial justice to be designated from each of the towns of Bridgewater, Palmer, and Tewksbury to take cognizance of complaints under St. 1866, c. 198, s. 5. St. 1866, c. 198, s. 7.

Number of trial justices in Hampshire County not to exceed ten, instead of eight. St. 1869, c. 254.

SECT. 37. The jurisdiction given by this section is not exclusive, but concurrent with the superior court. Commonwealth v. Rowe, 14 Gray 46, 48.- Commonwealth v. Hudson, 11 Gray 64.

Although a defendant on conviction may be liable, in addition to both the penalties named in this section, to pay the costs of prosecution, and to enter into a recognizance for good behavior, such fact will not prevent a trial justice from taking jurisdiction. Commonwealth v. Burns, 14 Gray 35, 36.

SECT. 46. This section authorizes an appeal even from a void sentence. Commonwealth v. O'Neil, 6 Gray 343, 345.

General Provisions.

Justices of the peace may take acknowledgments of deeds and other instruments in any county, and their summonses for witnesses in civil cases may be served in any county. St. 1863, c. 157, ss. 1, 3.

Justices to be notified of the expiration of their commissions, and to be liable to fine, if, having received such notice, they act after such expiration. St. 1865, c. 231.

SECT. 54. It is no ground for dismissing a bastardy process in the superior court, that the justice before whom the original complaint was made, appears in that court as the attorney for the complainant. Kenney v. Driscoll, 1 Allen 210. - Reardon v. Russell, 9 Gray 366. See section 39 of chapter 121.

CHAPTER CXXI.

OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICIAL COURTS.

SECTS. 3-4. Duty of clerks, when rescript filed, to give notice to the attorney of record of each party, and to transmit a copy of rescript to reporter. St. 1869, c. 74.

SECT. 6. "The assistant clerks of courts in the several counties shall be assistant clerks of the county commissioners." St. 1860, c. 11.

SECT. 8. Assistant clerks for Essex and Norfolk to be appointed, their salaries, duties, &c. St. 1867, c. 295, s. 4.

SECT. 9. In case of sickness, &c., of assistant clerks, assistant clerks pro tempore may be appointed. St. 1863, c. 64.

SECT. 24. Salaries of clerks in counties of Berkshire, Bristol, Dukes, Hampden, Middlesex, Nantucket, Norfolk, and Worcester, and of the clerk of the superior court for civil business in Suffolk, and of the clerk of that court for criminal business in that county, altered by St. 1867, c. 295, ss. 1, 2, 3. (Salary of clerk in Berkshire County, previously altered by St. 1866, c. 298, s. 10.)

Clerk of the superior court for civil business in Suffolk to be allowed to retain $500 for clerk hire. St. 1866, c. 298, s. 9.

No extra fees or charges to be allowed or paid to clerks of courts. St. 1860, c. 191, s. 9.

SECT. 26.

Salaries of assistant clerks in counties of Middle