has been filed in his court during the next preceding month, with the dates of such petitions. The secretary shall enter such returns, conveniently for reference, in a book which shall be open to the inspection of the public. CASES BEFORE COMMISSIONERS, &c. commissioners, 1844, 178, § 15. upon death, &c., SECT. 132. Nothing in this chapter shall affect the jurisdiction of a Jurisdiction of commissioner of insolvency or master in chancery in any case pending &c., in cases before him at the time of its enactment; but such jurisdiction shall con- pending tinue in full with the same fees of such commissioners, masters, and Met. 420. their clerks, as heretofore established. SECT. 133. If a commissioner of insolvency or master in chancery Removal of cases before whom proceedings upon any case in insolvency mentioned in the preceding section are pending, dies, is removed from the charge of the case, or for any cause is unable to perform the duties required of him, the case and all papers connected therewith shall be transferred to the court of insolvency for the county in which the case is pending. The court shall thereupon have jurisdiction of the case and proceed therein as if it had been originally commenced in said court. of commissioner, 1844, 178, § 15. 1850, 217 1856, 254, § 2. 1855, 225. be deposited in SECT. 134. Upon the closing of proceedings in a case pending before Papers, &e, to a commissioner of insolvency or master in chancery, all papers and rec- probate office. ords relating thereto shall be returned to and deposited in the office of 13, 13.814. the register of probate and insolvency for the county. 1856, 284, § 40. Appointment. art. 9. Ch. 3, Const. Ch. 2, § 1, art. 1. 1858, 93, § 1. Const. Ch. 6, SECTION 1. The judges of probate and insolvency shall continue to hold their offices according to the tenor of their commissions, and as vacancies occur they shall be filled in the manner provided by the constitution, so that there shall be one judge in each county. SECT. 2. Each judge, before entering upon the duties of his office, Oath of judge. in addition to the oaths prescribed by the constitution, shall take and art 1. Amend. subscribe an oath that he will faithfully discharge said duties, and that const. art 6. he will not during his continuance in office directly or indirectly be 1956, 234, 16. interested in or benefited by the fees or emoluments arising from any 1858, 93, §§ 2, 3. suit or matter pending in either of the courts of which he is judge; which oath shall be filed in the probate office. R. S. 83, § 26. Judges may in SECT. 3. The judges may interchange services or perform each terchange, &c.; other's duties when they find it necessary or convenient. 1859, 110. in case of absence, &c. R S. 83, § 15. 1856, 384, § 5. 21 Pick. 101. Register to certify, &c. Bonds, &c. 1859, 110, § 3. Judges not to be counsel or tain cases. R. S. 83, § 26. 1856, 284, § 16. SECT. 4. If a judge is a party, or interested to the amount claimed of one hundred dollars exclusive of interest, in any case arising in his county, or is absent or unable to perform his duties, and no judge sets for him under the provisions of the preceding section, or if there is a vacancy in the office in any county, the duties shall be performed in the same county by the judge of any other county designated by the register from time to time as necessity or convenience may require. 11 Met. 390. 3 Cush. 352. 7 Gray, 391. 13 Gray, 564 105 Mass. 222. See 1860, 145. SECT. 5. The register shall certify on his records the times during which, or the cases in which the judge of another county acts. Bonds required to be given to the judge shall be given to the judge appointed for the county, or in case of vacancy to the acting judge, and his suc cessors in office, and all business shall be done in his name, or the name of the probate court or the court of insolvency for the same county, as the case may be; but bonds may be approved, and other acts required to be done or certified by the judge may be approved, done, or certified, by the acting judge. SECT. 6. No judge shall be retained or employed as counsel or atattorney in cer- torney, either in or out of court, in any suit or matter which may depend on or in any way relate to a sentence, decision, warrant, order, or decree, made or passed by him; nor for or against an executor, adminis 1858, 93, §§ 2, 3. trator, or guardian, appointed within his jurisdiction, in a suit brought by or against the executor, administrator, or guardian, as such; nor in a suit relating to the official conduct of such party; nor for or against a debtor, creditor, or assignee, in a cause or matter arising out of or connected with any proceedings before him; nor in an appeal in such Register, oaths of; Const. Ch. 6, const. art. 6. R. S. 83, § 21. cause or matter. REGISTERS. SECT. 7. Every register of probate and insolvency, before entering upon the duties of his office, in addition to the oaths prescribed by the art 1. Amend. constitution, shall take and subscribe an oath that he will faithfully discharge said duties, and that he will not during his continuance in office directly or indirectly be interested in or benefited by the fees or emoluments arising from any suit or matter pending in either of the courts of which he is register; which oath shall be filed in the probate office. 1856, 284, § 12. 1858, 93, § 5. bonds of; R S. 83, § 21. 1857, 15. SECT. 8. He shall give bond, with condition that he will faithfully 1856, 284, § 12. discharge the duties of his office, to the treasurer of the commonwealth in a sum not less than one thousand and not exceeding ten thousand dollars, as ordered by the judge, with one or more sureties approved by him. 1858, 93, §§ 5, 8. See 1861, 95. not to be of counsel, nor to receive fees in certain cases; R. S. 83, § 27. 1856, 284, $ 17. 1858, 93, § 5. to have custody of books, &c., belonging to probate office, &c. R. S. 83, § 22. 1856, 284, § 13. 1858, 93, § 5. 1876-234 Assistant registers for Suffolk, Middlesex, Worcester, Es SECT. 9. No register shall be of counsel or attorney either in or out of court, in any suit or matter pending in either of the courts of which he is register; nor in an appeal therefrom; nor shall he be executor, administrator, guardian, commissioner, appraiser, divider, or assignee, of or upon an estate within the jurisdiction of either of the courts of which he is register; nor be interested in the fees or emoluments arising from either of said trusts. SECT. 10. The register shall have the care and custody of all books, documents, and papers, appertaining to the courts of which he is regis ter, or deposited with the records of insolvency or filed in the probate office; and shall carefully preserve the same to be delivered to his successor. He shall perform such other duties appertaining to his office as may be required by law or prescribed by the judge. SECT. 11. The judges for the counties of Suffolk, Middlesex, Worces ter, Essex, and Norfolk, may each appoint an assistant register of probate and insolvency for his county, who shall hold his office for three Const. Ch. 6, years unless sooner removed by the judge. Before entering upon the sex, and Norfolk. discharge of his duties the assistant register shall take the oaths pre- art. 1. Amend. scribed by the constitution, and shall give bond, with condition for the const. art. 6. 1858, 93, §§ 6, 8. faithful performance of the duties of his office, to the treasurer of the See 1861, 95. commonwealth in a sum not less than five hundred nor more than five thousand dollars, as ordered by the judge, with one or more sureties approved by him. SECT. 12. The assistant register shall perform his duties under the direction of the register, and shall pay over to him all fees and sums received as his assistant, to be accounted for as required by law. He may authenticate papers and perform such other duties as are not performed by the register. In case of the absence, neglect, removal, resignation, or death, of the register, the assistant may complete and attest any records remaining unfinished, and act as register until a new register is qualified, or until the disability is removed. SECT. 13. If a vacancy occurs in the office of register, the governor with the advice and consent of the council may appoint some person to fill the office until another is elected as provided in chapter ten. SECT. 14. Upon the death, resignation, removal, or absence, of the register, if there is no assistant register, or if he is also absent, the judge shall appoint a suitable person to act as temporary register until a register is appointed or elected and qualified, or until the disability is removed. SECT. 15. Such temporary register shall be sworn before the judge, and a certificate thereof, with his appointment, shall be recorded with the proceedings of each court in which he acts. Assistant regis ter, duties of. 1858, 93, §§ 6, 7. Vacancy in office 1855, 173, § 8. 1858, 93, § 12. of register. Temporary Rs. 83, § 23. 1556, 173, § 8. 1858, 93, §§ 2, register: 1856, 284, § 14. 3, 5, 6. oath, &c., of. R. S. 83, §§ 24, 25. 1856, 284, $$ 14, 15. 1858, 93. SALARIES AND FEES. 1858, 93, §§ 13, 14. SECT. 16. Judges, registers, and assistant registers, shall receive from Salaries. the treasury of the commonwealth annual salaries as follows: For the county of Suffolk, the judge and register each three thousand, and the assistant register fifteen hundred, dollars: For the county of Middlesex, the judge two thousand, the register fifteen hundred, and the assistant register one thousand, dollars: For the county of Worcester, the judge eighteen hundred, the register fifteen hundred, and the assistant register one thousand, dollars: For the county of Essex, the judge and register each fifteen hundred, and the assistant register eight hundred, dollars: See Ch. 15, § 36. Suffolk. 181276 See 1867, 357. Worcester See 1867, 357. Essex. See 1867, 357. 1871, 360. For the county of Norfolk, the judge fourteen hundred, the register Norfolk. one thousand, and the assistant register six hundred, dollars: For the county of Bristol, the judge eleven hundred, and the register thirteen hundred, dollars: For the county of Plymouth, the judge and register each one thousand dollars: For the county of Berkshire, the judge and register each eight hundred dollars: For the county of Hampden, the judge and register each eight dred dollars: hun For the county of Barnstable, the judge and register each seven hundred dollars: Bristol. Berkshire. See 1867, 357. Hampden. 261 See 1867, 357. See 1867, 357. 269 Hampshire. 1874,327 For the county of Hampshire, the judge six hundred and fifty, and the register seven hundred and fifty, dollars: For the county of Franklin, the judge six hundred, and the register Franklin. seven hundred, dollars: See 1867, 357. 1874,369 For the county of Nantucket, the judge and register each three hun- Nantucket. dred dollars: See 1867, 357. For the county of Dukes County, the judge two hundred and fifty, Dukes. and the register three hundred and fifty, dollars. 1859, 178. Compensation of temporary register. R. S. 83, § 24. 1856, 284, § 14. 1858, 93. Judges, &c., not to receive fees. R. S. 83, § 52. 1857, 274, § 2. 1858, 93, §§ 2, 3, 5. SECT. 17. When a temporary register is appointed, he shall be entitled to the same compensation as the register, and shall be paid by him if the appointment is caused by his absence. If caused by the death, removal, or resignation, of the register, he shall receive from the treasury of the commonwealth the salary of the register. SECT. 18. No judge or register of probate and insolvency shall receive any fee or compensation in addition to his salary for holding courts or acting as judge in any county, nor for any thing done in his official capacity, except in cases expressly provided by law. Original and exclusive jurisdiction. R. S. 85, § 1. 82. General powers. JURISDICTION AND PROCEEDINGS IN CIVIL MATTERS. SECTION 1. Justices of the peace may severally hold courts within their counties, and shall have exclusive original jurisdiction of all actions of replevin for beasts distrained or impounded in order to recover a R.S.113, 17. penalty or forfeiture supposed to have been incurred by their going at large, or to obtain satisfaction for damages alleged to have been done by R S. 104, $4. 7 Met. 591. 6 Cush. 276. 14 Gray, 521. 7 Allen, 151. 11 Allen, 352. 102 Mass. 370. 105 Mass. 234. See Ch. 143. jurisdiction. 1852, 314, § 1. 1859, 196. 1 Met. 399. 8 Allen, 335. them; actions of forcible entry and detainer; and actions of contract 2 Gray, 117, 410. and tort wherein the debt or damages demanded do not exceed twenty 8 Gray, 373. dollars. SECT. 2. They shall have original and concurrent jurisdiction with Concurrent the superior court of all actions of contract, tort, or replevin, where the R. S. 85, § 2. debt or damages demanded or value of the property alleged to be detained is more than twenty and does not exceed one hundred dollars. SECT. 3. They may issue writs of scire facias against executors and administrators, upon a suggestion of waste after judgment against them, and also against the bail taken in a civil action before them, and proceed therein to judgment and execution in the same manner as the superior court might do in like cases. See Ch. 128, § 10. See 1863, 125. SECT. 4. Such writs shall be served not less than seven nor more than sixty days before the time when they are returnable, and may run R. S. 85, § 17. into any county in which the defendant may be found. Justices may issue scire facias against execu R. S. 85, § 16. Within what time to be served. thereon. SECT. 5. It shall be no bar to such suit that the debt and costs on Proceedings the original judgment together exceed the sum of one hundred dollars; R. S. 85, § 18. but judgment and execution may be awarded by the justice for the whole sum due to the plaintiff with the costs of the new suit. where to run; R. See $4. Writs, forms of, See 1866, 47. SECT. 6. The original writ in all civil actions commenced before a justice of the peace, shall be a summons or a capias and attachment, and shall be signed by the justice. The forms of such writs shall be regulated as provided in chapter one hundred and twenty-three; but no writ issued by a justice of the peace shall run into any other county than that in which it is returnable, except as provided in the following section and section seventy-seven of chapter one hundred and forty-two. SECT. 7. Writs issued by justices of the peace may be directed to the proper officers in any county for the purpose of causing an attachment attachment: of property therein; but no more than one dollar and fifty cents shall be chargeable to or taxed against the defendant for the service of such writ. 11 Allen, 405. See 1866, 279, § 9. SECT. 8. When an attachment is made upon a writ returnable before a justice of the peace, and the defendant is out of the state, so that no ants service can be made on him, and he has no agent or attorney residing 18881212 within the state, the justice may order the action to be continued until 4 Allen, 94. notice thereof is given to the defendant in such manner as the justice shall order. Upon proof of such notice having been given, if the defendant fails to appear on the return day of such notice, judgment may be entered and execution issued for the plaintiff, upon his giving bond to the defendant with sufficient surety for double the sum for which execution is to be issued, to repay the amount recovered if within one year from the rendition of the judgment it is reversed. causes may SECT. 9. Actions before justices of the peace may be heard and deter- When, &c., mined at their dwelling-houses or any other convenient and suitable be heard places; and writs and processes may be made returnable accordingly, R. S 85, § 31. but not earlier than nine o'clock in the forenoon nor later than five 4 Cush. 455. o'clock in the afternoon. a SECT. 10. If a justice fails to attend at the time and place to which civil process is returnable or continued before him, any other justice for the same county may attend and continue the process not exceeding thirty days, without costs and saving the rights of all parties; and he shall make a certificate thereof, which shall be filed with the papers in the case and entered upon the record by the justice before whom the process was returnable. SECT. 11. If any person duly served with process fails to appear and answer thereto, his default shall be recorded and the charge against him in the declaration taken to be true. Upon such default, or when the 1856, 96. On failure of justice to attend, other justice may 1848, 193, §§ 1, 2. attend, &c. Judgment for fault, &c. plaintiff on de |