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and render an

copies thereof transmitted to the county treasurer, as now prescribed by law, and said treasurer shall pay the same

upon such certificate and copies. Clerk to keep

18. The clerk of the said court shall keep an account account of fees

. of all fees received by him for his official acts and services, R. S. 86, Ø 13.

under the laws of this commonwealth, excepting fees for such copies as he is not required by law to furnish, and he shall, on the first Wednesday of January, in every year, render to the treasurer of the county of Suffolk his account,

on oath, of all fees so received within the year then past. Salary of clerk. 19. The said clerk shall receive an annual salary of Ibid, Ø 14.

twelve hundred dollars, and in the same proportion for any part of a year, if the fees, for which he is required to account, shall amount to so much ; and if, upon rendering his said account, there shall be in his hands any excess above the amount due for his salary, he shall retain for his own use one half of the excess, and shall

pay

the other half thereof to the said county treasurer, who shall account therefor to the treasurer of the commonwealth. 1

POLICE COURT.

Appointment of 20. The justices of the police court of the city of Bosjustices of police ton shall continue to hold their offices according to the R, 8. 87, 8 1.

tenor of their commissions, and as vacancies occur, others shall be appointed in the manner provided by the constitution, so that there shall be always three justices of the said

court. Times and place

21. The police court shall be held in Boston, for the of holding the

county of Suffolk, by one or more of the said justices, at Ibid, 0 2

nine of the clock in the morning, and at three of the clock in the afternoon, of every day in the year except Lord's

days, and days of public thanksgiving and fast. General jurisdic- 22. The said court shall have the same jurisdiction in

criminal suits and prosecutions, and in all matters relating Ibid, 3.

court.

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tion in criminal cases.

Pick.

1 The stat. 1813, c. 178, and Rev. Stat. c. 86, $ 12, respecting the salary of the judge of the municipal court, appear to be superseded by stat. 1843, c. 7, \ 1, and stat. 1844, c. 44, § 5, which latter section repeals the 6th section of stat. 1843, c. 7.

1847, 208, cited

1849, 59.

to treasons, felonies, and other crimes and misdemeanors, See also stat. committed in the county of Suffolk, and relating to persons on P: 8.ante; found therein, and charged with any of the said offences, 1847, 104, and and shall have and exercise the same powers in all criminal cases, that are or may be given by law to one or more justices of the peace, or of the peace and quorum in other counties.

23. The said court shall also have cognizance of all of offences offences against the by-laws of the city of Boston, which laws of Boston, are not within the exclusive jurisdiction of some other R. S. 87, $ 4. court.

24. The several police courts of this commonwealth Jurisdiction of shall have concurrent jurisdiction with the municipal court 1849, 132, $ 1. of the city of Boston, and the court of common pleas, of all cases of assault and battery committed upon any constable, police officer, or watchman, while in the discharge of his duty as such officer, except in cases where such assault and battery shall be committed with a dangerous or deadly weapon, or with intent to kill, or when life is endangered. And, for such assault and battery, said police courts may punish by fine, not exceeding thirty dollars, or by imprisonment in the house of correction not more than six months. 25. The said police courts shall have concurrent juris- of larcenies.

Ibid, $ 2. diction with said municipal court, and court of common pleas, of all larcenies mentioned in the seventeenth section of the one hundred and twenty-sixth chapter of the Revised Statutes, when the money, or other property stolen, shall not be alleged to exceed the value of twenty-five dollars; in all which cases, the punishment shall be by fine not exceeding thirty dollars, or by confinement in the house of correction not more than six months. 26. The said police courts shall have concurrent juris- of fornication.

Ibid, 3. diction with said municipal court, and court of common pleas, of all cases arising under the fifth section of the one hundred and thirtieth chapter of the Revised Statutes, in which cases the punishment shall be by imprisonment in the county jail not more than three months, or by fine not exceeding thirty dollars.

cess for wit.

county.

All warrants in criminal cases to

the police court.

Appeals allowed. 27. Any person, convicted under the provisions of the Ibid, ♡ 4.

three next preceding sections, may appeal to the municipal court, or court of common pleas, and the appeal shall be allowed on the same terms, and the proceedings therein conducted in all respects, as provided in the one hundred and thirty-eighth chapter of the Revised Statutes respect

ing appeals from justices of the peace. May issue pro- 28. The police court in the city of Boston shall have nesses into any power to issue summons and other process to procure

the 1838, 147, 3 1. attendance of witnesses, in the trial and examination of

criminal cases, to run into any county, to be served by the sheriff of the county of Suffolk, or of any other county, or either of their deputies, or any constable of the town in which any witness may be.

29. All warrants issued by the saide ourt, or by any be returnable to justice of the peace in Boston, in any criminal suit or R. S. 87, 5.

prosecution, shall be made returnable before the said court, and no process returnable before a justice of the peace in the town of Chelsea, except for causes of complaint arising in that town, shall be served in Boston.

30. No fees shall be allowed to any justice of the rants issued by a justice. peace for any warrant issued by him, returnable before Ibid, ø 6.

said court, unless it shall appear to the court that there was just and reasonable cause for issuing the warrant.

31. Every justice of the peace in the city of Boston to be conserva" shall, notwithstanding any thing contained in this chapter, Ibid, 617e peace. have and exercise all the powers and duties of a conserva

tor of the peace, for suppressing all affrays, riots, assaults and batteries, and for arresting all persons concerned therein ; and all persons so arrested, whether upon a warrant in writing or otherwise, shall be brought before the said court for examination, to be there dealt with according

to law. Appeal allowed 32. Every person, convicted in the county of Suffolk, totine municipal before any justice of the peace or any police court, may

appeal therefrom to the municipal court of the city of Boston, and the appeal shall be entered at the next term of the municipal court, and shall be conducted and disposed of, in

Fees on war

Justices of the peace in Boston

1819, 31.

when case is

all respects, like appeals in criminal cases from justices of the peace to the court of common pleas in other counties.

33. When any trial or examination, pending before the Attendance, said court, is adjourned to a future day, as provided in the adjourned.

R. S. 87, $ 9. one hundred and thirty-fifth chapter of the Revised Statutes, the parties and the witnesses shall not be required to attend from day to day, but they shall attend at the time to which the cause is so adjourned, and the recognizances, if any, shall be taken accordingly.1

6 Pick. 104. 1 Metc. 148.

JUSTICES' COURT. 34. There shall also be a court for the trial of civil The court to be actions, to be held by one or more of the justices of the civil actions.

Ibid, Ø 10. police court, which shall be called the justices' court for the county of Suffolk.

35. The said justices' court shall have and exercise, To have excluexclusively, the same jurisdiction in all civil actions in the in certain cases. county of Suffolk, that is exercised by justices of the peace 3 Pick. 508. in other counties.

36. All writs and processes, issued by the said justices' Teste and form court, shall bear teste of either of the justices who is not a R. S. 87, § 12. party thereto, and shall be signed by the clerk, and they shall be, in all other respects, substantially like the writs and processes issued by justices of the peace.

When, by a trustee writ, returnable before the Trustee writs justices' court of the county of Suffolk, any person is to be any comigo

1838, 147, 53. summoned as a trustee, who is liable to be charged as such, and the defendant resides within this commonwealth, but in a county other than that of the trustee, said writ may run into any county, and shall be served on the defendant fourteen days at least before its return day.

38. All the proceedings in the said justices' court, Proceedings to in the hearing, trial and determination of civil actions, before justices and in all matters relating thereto, shall be substantially 2.3.67,3 13. the same

as the proceedings in like cases before jus

37.

1 For provisions in relation to police courts generally, see Rev. Stat. C. 87, 29-46; stat. 1837, c. 157, 217; 1838, c. 147; 1839, c. 157; 1843, C. 22; 1847, c. 208; 1849, c. 137. See also Lunatics.

6 Pick. 110.

to the C. C. P.

tices of the peace; and the said justices' court shall have and exercise all such powers as may be necessary or proper for the discharge of their duty, in the same manner as jus

tices of the peace might do in the like cases. Times and place 39. The said justices' court shall be held in Boston, on of holding the justices' court two days in each week, to be fixed and determined by the Ibid, 14.

justices thereof, and as much oftener as occasion shall require, and it may be adjourned to any other time ; and all actions therein may be continued to any future day fixed

for the sitting of the court. Appeal allowed 40. Any party, aggrieved by the judgment of the said R. S. 87, 8 15. justices' court, may appeal therefrom to the court of com

mon pleas for the county of Suffolk, and all the proceedings on such appeal shall be conducted in all respects, as is provided for appeals in civil cases from justices of the peace to

the court of common pleas in other counties. Justices to establish general

41. The said justices shall from time to time meet, to rules of practice. establish all necessary rules for the orderly and uniform con

ducting of the business of both of the said courts, and also to arrange and distribute their duties, so as to equalize the same among themselves, as nearly as may be, and to en

sure a prompt and punctual discharge thereof; and on all May discharge other occasions requiring the presence of two or more jusin certain cases. tices; and when so assembled, the said justices may dis

charge from prison, in the county of Suffolk, any person,

be there held for no other reason than the nonpayment of fine and costs, if it shall appear to them that he is poor and unable to pay the same; provided, that when such person

is held under the sentence of any other court, the consent thereto of the judge, or of one of the justices

of such other court, shall be first given in writing. Senior justice. 42. The senior justice of said court, for the time being,

shall be the first justice of the said police court and jusIbid, ø 17.

tices' court, but each of the said courts shall have a sepa

rate and distinct seal. Appointment of 43. The clerk of the said police court and justices' Ibid, 18. court shall continue to hold his office, according to the

tenor of his commission; and upon any vacancy in said office, the governor, with the advice of the council, shall

who may

Seals of the courts.

the clerk.

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