suit previously counsel or attorney before a court in a suit previously determined before himself as a judge, or justice of the peace. decided by him. Sheriffs, &c., not R. S. 88, §§ 29, 6 Pick. 483. 10 Pick. 45. 1876.197 Masters in chan 1874 cery Tenure of office, &c; SECT. 40. A sheriff, deputy-sheriff, coroner, or constable shall not appear in a court nor before a justice of the peace as attorney or counsel for or in behalf of a party in a suit, nor shall he draw, make, fill up, or alter, a writ, declaration, plea, or process, for such party. Whoever so offends shall forfeit the sum of fifty dollars. MASTERS IN CHANCERY. SECT. 41. The masters in chancery now in office shall hold their As respective offices according to the tenor of their commissions. vacancies occur, the governor, with the advice and consent of council, shall make appointments, so that there shall be not more than five in any county. They shall be sworn, and shall hold their offices for the 1873 365 term of five years, unless sooner removed by the governor and council. R. S. 85, $$ 31, Addition 32. 1833, 162. 1844, 9, 173. 1845, 22. 1848, 277. 1876c.13 duties of: R. S. 88, § 33. fees of; when court may appoint; R. S. 88, § 35. to finish pro ceedings, if com SECT. 42. They shall, under the direction of the supreme judicial court, perform the duties appertaining to the office according to the practice in equity, and shall be allowed therefor such fees as the court shall order. SECT. 43. Their fees shall be taxed with the other costs, and paid by such party or in such manner as the court orders. SECT. 44. If the masters appointed in any county are of counsel or interested in the suit, or otherwise disqualified or unable to act therein, the court upon ordering a reference of any matter in such suit shall appoint some person to act as master. SECT. 45. Proceedings and processes commenced under the direc mission expires. tion of a master in chancery before the termination of his commission, shall be proceeded in to their termination by him in the same manner and with the same effect as if his commission remained in force. 1844, 138. Auditors, when appointed, &c.; 1856, 202, § 1. 1154411 Pick. 359. 1 Met. 216. 11 Met. 297. 7 Cush. 137, 148, 9 Cush. 329. to give notice to parties; R. S. 95, $ 26. report of ma SECT. 46. When a cause is at issue in any court, whether the form of the action be contract, tort, or replevin, the court may in their discretion appoint one or more auditors to hear the parties, examine their vouchers and evidence, state accounts, and report upon such matters therein as may be ordered by the court; and the report shall be prima facie evidence upon such matters only as are expressly embraced in the order. 2 Gray, 517. 13 Gray, 150. 16 Gray, 397. 1 Allen, 53, 252, 277, 315. 10 Allen, 32 100 Mass 198. SECT. 47. The auditors shall give notice to the parties of the time and place appointed for their meeting, and may adjourn from time to time as may be necessary. SECT. 48. If there is more than one auditor, all shall meet and hear jority of, valid; the cause, but a report by a majority shall be valid. R. S. 95, § 27. court may dis charge. &c.; compensation. Reporter, ap pointment of, &c. SECT. 49. The court may for cause discharge the auditors and appoint others, and may recommit the report for revision or further examination to the same or to other auditors. SECT. 50. The court shall award reasonable compensation to anditors, to be paid by the plaintiff and taxed in his bill of costs if he prevails. REPORTER. SECT. 51. The reporter of the decisions of the supreme judicial court shall be sworn to the faithful performance of his duties, and shall R S. 88, §§ 36, hold his office according to the tenor of his commission. Whenever a vacancy occurs, a reporter shall be appointed by the governor, by and with the advice and consent of the council, to be removed at their and publish re 1838, 100. SECT. 52. He shall attend the court personally at all the law terms Reporter to make and capital trials, make true reports of decisions on all legal questions ports annually; argued by counsel, and publish the same annually. The reports of the Rs. 88, § 38. decisions upon all questions of law argued and determined before the See Ch. 112, § 12. first day of September in each year shall be published within ninety days thereafter. how to report cases; SECT. 53. He shall at his discretion report the several cases more or less at large according to their relative importance, so as not un- R. S. 88, § 39. necessarily to increase the size or number of the volumes of reports. SECT. 54. When in any of the cases mentioned in the two preceding sections judgment shall be entered at any other than a law term, the court shall communicate to the reporter a statement in writing of their decision or opinion. when court to decision to: ed; SECT. 55. If the reporter is necessarily prevented from attending at if absent, depa term, he shall depute some suitable person to attend for him and take aty to be appoint notes of the decisions; or the court may appoint a person to officiate R. S. 88, § 41. in his stead until he resumes the performance of his duties, or until another is appointed. of. SECT. 56. The reporter shall receive from the treasury of the com- compensation monwealth an annual salary of three hundred dollars, and in the same R. s. 88, § 42. proportion for any part of a year; which, with the profits arising from 1843, 9, $1. See Ch. 15, § 36. the publication of his reports, shall be in full compensation for his services. how designated. SECTION 1. In writs, processes, records, and judicial proceedings, First day of term, civil and criminal, the day on which any term is to commence may be R. S. 82, § 44. designated as the first, second, or other Monday, or other day in the week, in the month in which the same happens. may change time SECT. 2. If by reason of war, pestilence, or other public calamity, it when justice is unsafe or inexpedient to hold a court at the time and place appointed, and place of a justice of the court may appoint another time and place within the court. same county for holding the same. R. S. 89, § 2. ordered, &c. SECT. 3. Such adjournment shall be made by an order in writing, Change, how signed by the justice or justices, and served by the person to whom it R. S. 89, § 3. is directed by public proclamation, in the shire town or as near thereto as is safe, and also by publication in such newspaper or in such other manner, as required in the writ. &c., unless, &c. SECT. 4. Courts shall not be opened on Sunday, Thanksgiving, Fast, Courts not to be Christmas day, the twenty-second day of February, the fourth day of open Sunday July, or the following day when either of the two days last mentioned R. S. 89, $4. occurs on Sunday, unless for the purpose of entering or continuing cases, 2 Bay. 232. 1856, 113, $1.875/171 13 Mass. 347. 15 Johns. R. 119, 177. Sheriffs, &c., to serve process. R. S. 12, § 68; 83, $11; 84, $385, 30; 1856, 284, 8. 1 Gray, 58. See 1861, 113, § Attorneys, &c., demands for col not to buy, &c., lection. 2. instructing or discharging a jury, receiving a verdict, or adjourning; but this section shall not prevent the exercise of the jurisdiction of any magistrate in criminal cases to preserve the peace or arrest offenders. SECT. 5. Sheriffs, deputy-sheriffs, coroners, constables, and other officers, shall serve all lawful processes legally directed to them, issued by a court, judge, judicial officer, or county commissioners. SECT. 6. Counsellors, attorneys, justices of the peace, sheriffs, deputysheriffs, coroners, or constables, shall not directly or indirectly buy or be interested in buying, or directly or indirectly loan or advance or agree to loan or advance any money or other goods, or give or promise any R. S. 89, §§ 5, 6. valuable consideration whatever to any person, as an inducement to place or in consideration of having placed in the hands of any person 169m.237 any bond, note, book debt, or right of action, for collection, with intent to make themselves any gain from the fees arising from such collection by a suit at law. 13 Pick. 79. Penalty. What courts may naturalize. 1856, 47, § 1. 1858, 44. Proceedings to be in open court, &c. 1856, 47, § 2. Other courts not cations, &c. SECT. 7. Whoever commits either of the offences described in the preceding section shall for each offence forfeit a sum not less than twenty or exceeding five hundred dollars. SECT. 8. The supreme judicial and superior courts shall respectively have jurisdiction of applications for naturalization. SECT. 9. Proceedings upon such applications shall be had in open court, recorded and entered upon the docket of the term when the primary declaration is made, and also of the term when the final application is made. SECT. 10. No other court established by this state shall entertain any to receive appli- primary or final declaration or application made by or in behalf of an alien to become a citizen of the United States, receive any registry of an alien, or entertain jurisdiction of the naturalization of aliens. Nor shall any clerk of such court receive such application or papers. 1855, 28, § 1. 1856, 47. 5 Gray, 559. Penalty. Who to act as Judge, &c., not disqualified by interest as inhabitant of SECT. 11. If any clerk or other person shall record or file such appli cation or declaration, or issue a certificate of naturalization, in violation of the provisions of the preceding section, he shall be punished by a fine of ten dollars. SECT. 12. The clerks or assistant clerks of courts, sheriffs, or their deputies, as the court directs, shall perform the duties of criers, without additional compensation. But any officer may adjourn the court by order thereof. SECT. 13. No person shall be disqualified from acting as judge, magistrate, appraiser, or officer of any kind, in a suit or proceeding in which any city or town is interested, by reason of his interest as an R. S. 90, $ 124. inhabitant thereof. And no juror shall be disqualified by reason of being an inhabitant of the city of Boston. town, &c. R. S. act of amend. § 13. 11 Cush. 411. 10 Cush 494. 11 Gray, 373,467. 2 Allen, 396, 402, 596. See Ch. 132, § 30. y attached. may be com justices of the - C. C's name is un now issued. be indorsed, &c. how on other corporations. 31. Service in suits in equity. ATTACHMENT OF PROPERTY- GENERAL PROVIS 32. Property liable to attachment. 33. Successive attachments on same writ. 35. Goods replevied from officer, liable to further 36. Plaintiff in replevin liable for whole value. 37. Goods may be further attached after death, 38. Proceedings in such case 39. Mode of attaching goods replevied. 40 Attachment to continue though attaching offi- 41. of land that is mortgaged. -20 COMMENCEMENT OF ACTIONS AND SERVICE OF PROCESS. [CHAP. 123. SECTION 44. Judgment intended in two preceding sec- 45. Attachment dissolved by death of defendant, 46 Proceedings in such case. 47. Officer liable only for net proceeds. 48. Creditor liable therefor, if paid over to him. ATTACHMENT OF REAL ESTATE AND LEASEHOLD ES- 50. Attachment, how made. 51. Copy of writ and officer's return to be de- 52. Officer's duty and fees. 53 Clerk's duty and fees. 54. When such attachment takes effect. 55. Attachment of real estate fraudulently con- 56. Clerk to enter name of persons having legal ATTACHMENT OF GOODS, &C., WHICH CANNOT BE RE- 57, 58. Attachment of goods too bulky to be re moved. ATTACHMENT OF SHARES IN CORPORATIONS. 59, 60. Shares in corporations, how to be attached. ATTACHMENT, &c., OF PERSONAL PROPERTY MORT GAGED OR PLEDGED. 62 Attachment of mortgaged goods. 63. Mortgagee to state amount due him, &c.; 64. Penalty for demanding too much. 65. Debt to be repaid out of proceeds of sales. 67. Personal property mortgaged in debtor's pos- 68. Court to ascertain what is justly due, and creditor to pay same to mortgagee, or attach- 69. Validity of mortgage may be denied by cred- 70. Creditor to retain amount paid by him, &c.; SALE, BY CONSENT, OF PERSONAL PROPERTY AT- 72. Goods attached may be sold by consent. PERISHABLE PROPERTY ATTACHED. 73 Property attached if perishable, &c., may be 74. Proceedings upon application for appraise ment. ransitory acEons, where to e brought. . S. 90, §§ 14, 5. 354, 322. 856, 70. Mass. 593. 1 Pick. 257. Met. 209. ction concern SECTION 1. VENUE OF ACTIONS. [See 1865, 13; 1866, 47, 233; 1869, 17, § 3.] Transitory actions, except in cases in which it is otherwise provided, if any one of the parties lives in the state, shall be brought in the county where some one of them lives or has his usual place of business; and if brought in any other county the writ shall abate, and the defendant shall be allowed double costs. If neither party lives in the state the action may be brought in any county. 6 Cush. 528. 10 Cush. 415. 6 Gray, 122. 16 Gray, 116. 4 Allen, 17. 7 Allen, 449. 11 Allen, 405. SECT. 2. Where a tract of land lies in different counties, any action |