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ceedings or waste until the end of the next term of said court in
any county, unless sooner dissolved. ( JE. S., chap. 171, sec. 7.)

Sec 11. No jurors shall be summoned at the superior court ;
but it it shall be found necessary in any case to ascertain any
facts by a jury, an issue shall be made up under the direction of
said court, and transmitted to the court of common pleas for trial,
and the vexdict of the jury thereon shall be certified to said superior



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CHAP. 181.] COURTS, 435

court, and judgment rendered thereon as the case may require.
(R. S., chap. 171, sec. 8.)

Sec. 12. The justices of the superior court shall make firom
time to time all necessary rules and orders for conducting the
business in said court and in the court of common pleas. (£. S.^
chap. 171, sec. 9.)

Sec 13. If two of the justices of said court shall be legally
disqualified to act as such in any case, the other justice shall hear
and determine such case, and shall have all the powers of the
court. (jK. S., chap. 171, sec. 10.)

Sec 14. 'There shall be held annually at Concord, in the
county of Merrimack, two terms of said superior court ; one on
the second Tuesday of July, and the other on the second Tuesday
of December; and the said court, sitting at said terms hereby
established, shall have jurisdiction and take cognizance of all mat-
ters arising in any county, in the same manner as if said matters
had arisen in the county where the said terms are holden. {Laws
of 1851, chap. 1092, sec. 4.)

Sec 15. The clerk of the superior court in each county shall
attend at each term of said court hereby established, and under the
direction of the court discharge his duties in relation to the busi-
ness of his own county, in the same manner as if the court were
sitting therein ; and said clerks shall receive from the state treasury
one dollar and fifty cents per day for their attendance and ten cen^
per mile for their travel to and from the place of the sitting of
said court. {Laws of 1851, chap. 1092, sec. 5.)

Sec. 16. All causes, actions, matters and business pending in
or returnable to said superior court in any judicial district, at the
time this act takes effect, [Sept. 15, ISol,] shall be entered, re-
turned, have day and be heard in said court at the terms thereof
hereby established, in the same manner as if said causes, actions,
matters and business had been commenced and originated after
this act shall take effect. {Laws of 1851, chap. 1092, sec. 6.)

Sec 17. It shall be the duty of said court to determine and fix
upon the time when the business of each county shall be heard
and determined, at which time the party excepting shall furnish to
the court copies of the case and papers referred to, sufficient for
the judges then present, and each party who desires to be heard
before said court shall then furnish to each judge and to one of
the opposing counsel a brief of the points and authorities upon
which they may rely. (^Laws of 1851, chap. 1092, sec. 7.)

Sec iS. In all cases in which questions have been or hereafter
shall be reserved and assigned to the superior court, agreeably to
the provisions of the eighth section of chapter one hundred and
seventy-two of the revised statutes, [the twenty-sixth section of
this chapter,] the superior court, in addition to the powers now

* The first cUom of this section is a repealiiig claase, merely abolishiDg the old terms
of the snperior ooort, and we hare therefore left it omt



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436 COURTS. [title XX.

vested in them, may, if tbey see fit, order the clerk of the court of
common pleas to enter up judgment as of the term of said court
of common pleas next preceding the term of said superior court
wherein such order is made, and to issue execution accordingly ;
and in case such judgment shall be for the plaintiff, any property
attached on his writ shall be holden until the expiration of thirty
days from the actual time of the issuing of the execution, agreea-
bly to said order. {Laws of 1843, chap. 34, sec, 16.)

Sec. 19. Whenever an execution against the property of a
defendant shall have been issued on a judgment at law, and shall
have been returned unsatisfied in whole or in part, the party suing
out such execution may file a bUl in the superior court of judica-
ture against such defendant, and any other person, to compel the
discovery of any property or thing in action belonging to the de-
fendant, or any property, money or thing in action due to him, or
held in trust for him ; and to prevent the transfer of any such
property, money or thing in action, or the payment or delivery
thereof to the defendant, except when such trust has been created
by, or the fund so held in trust has proceeded from, some person
other than the defendant himself. {Laws of 1845, chap, 234, sec. 1.)

Sec. 20. The court shall have power to compel such discovery
and to prevent such transfer, payment or delivery, and to decree
satisfaction of the sum remaining due on such judgment, out of
any money, property or things in action belonging to the defend-
ant, or held in trust for him, with the exception above stated, and
of property specially exempted from attachment and execution,
which shau be dbcovered by the proceedings in chancery, whether
the same were originally liable to be taken in execution at law or
not. {Laws of 1815, chap. 234, sec. 2.)

COURT OF COMMON PLEAS.

Sec. 21. ' The court of common pleas shall have original juris-
diction of all civil actions in which the proceedings shall be ac-
cording to the course of the common law, except in cases where
justices of the peace have jurisdiction, and where the proceedings
must be commenced by writs of which the superior court has ex-
clusive jurisdiction, and in all other cases provided by law. {R.
S., chap. 172, sec. 3.)

Sec 22. The said court shall have original jurisdiction in all
criminal cases whatever, except such as are within the jurisdiction
of justices of the peace. (iJ. S., chap. 172, sec. 4.)

Sec 23. The said court shall have jurisdiction of all appeals
from justices of the peace in civil and criminal cases, and of all
•petitions for the laying out and discontinuing of highways in cases
provided by law. {R. S., chap. 172, sec. 5.)

Sec 24. The court of common pleas shall have authority to
try all issues of fact which shall be transmitted to them for trial
from the superior court, and to make all proper orders relating
thereto in their discretion. {R. &, chap. 172, sec. 6.)



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chap; 181.] COURTS* 437

Sec. 25* Any person aggrieved by any opinion, direction or
judgment of said court of common pleas in any action or proceed-
ing, may allege exceptions thereto at the same term, which shall
be reduced to writing before the adjournment of the court without
day, and being conformable to the truth of the case, shall be
signed by the presiding justice and be a part of the record in such
case. (iL iSL, chap. 172, sec. 7.)

Sec 26. The question arising upon such exceptions or upon a
special verdict, and any issue of law, motion for a new trial, or
statement of facts agreed upon and signed by the parties in any
€ase, may be reserved and assigned by the presiding justice, if he
think fit, to' the determination of the superior court, and such jus*
tice shall direct such documents and papers as he thinks necessary,
to be transmitted to said court (it £1., chap. 172, sec. 8.)

Sec 27. The decision of said superior court in aiiy of tHe
eases aforesaid, shall be certified by the clerk thereof to the clerk
of the court of common pleas in which the action is pending, and
such judgment shall be entered or disposition of the action made
as is directed therein* (IL £L, chap. 172, sec. 9.)

Sec 28. No judge shall sit on the trial of any cause upon
appeal which he has before tried in the court below, nor in any
cause in which he has been concerned as a party or attorney.
{K S., chap. 172, sec. 10.)

commissioners may be appointed in civil actions.

Sec 29. The court of common pleas, on motion of either
party, may, if they think proper, refer any civil action pending
therein, to one or more commissioners to be appointed by said
court, who shall, before entering upon their duties, be sworn to the
faithful discharge of the same ; provided^ however^ that no action
which was commenced before the passage of this aot shall be so
referred, unless by the consent of the parties. {Laws of 18d2,
chap. 1210, sec. 1.)

Sec 30. When any action is so referred, each party shall pre-
pare and file, under the direction of the court, a statement, ex-
pressed with legal certainty, of the facts which constitute his case,
and the court or such commissioner or commissioners may, at their
discretion^ permit either of the parties to add to, alter or amend
such written statement upon such terms as shall be reasonable and
just, at any time during the pendency of such suit

Sec 31. It shall be the duty of such commissioner or commis-
sioners to try the questions of fact so raised, and report to the
court sucfa facts as they judge to be proved ; and shall also, upon
request in writing of either party, report to the court the evidence
given before them, that either party may, if he desire, use the
same in the same way as depositions are used, on the tarial of the
action by the jury.

Sec 32. Such commissioner or commissioners shall havd



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438 COURTS. [riTi/B xx.

power, upon the request of either party, to examine the other
party as a witness in chiefl And it is farther provided that, upon
the request of either party, the other party may be examined as a
witness in chief at any trial by jury.

Sec. 33. On such report, the court shall render such judgment
as is warranted by the facts reported, unless either of the parties
shall, at the term at which the report is made, elect to try the case
before a jury.

Sec 34. Such party shall furnish a statement in writing, of
the particulars in which he expects to change the result of the
report, and at the trial the report shall be prima facie evidence of
the facts.

Sec 35. The verdict shall be specifically on the facts put in
issue by the statement above mentioned, and the court shall rea-
der such judgment thereon as is warranted by the facts found.

Sec 36. The judgment so rendered, either with or without a
trial by jury, shall be as conclusive between the parties as a ver-
dict on a matter directly in issue and a judgment thereon are now
by law.

Sec. 37. If either party, on due notice, shall neglect to appear
before the commissioner or commissioners, they shall proceed ex
parte. {Laws of 1852, chap. 128Q, sec. 9.)

SESSIONS OF COURT OF COMMON PLEAS.

Sec 38. The court of common pleas shall be holden annually
at the times and places following :

At Portsmouth, on the third Tuesday of September^ and at
Exeter, on the second Tuesday of February, for the county of
Eockingham : (Laws of 1847, chap. 506.)

At Dover, on the third Tuesday of January and on the third
Tuesday of August, for the county of Strafford : {Laws of 1848>
chap. 712.)

At Oilford, on the fourth Tuesday of February and on the first
Tuesday of September, for the county of Belknap : {Laws of
1847, chap. 506.)

At Ossipee, on the fourth Tuesday of April and on the third
Tuesday of October, for the county of Carroll : {Laws of 1852,
chap. 1223.)

At Concord, on the fourth Tuesday of March and on the second
Tuesday of October, for the county of Merrimack: {Laws of
1844, chap. 130.)

At Amherst, on the third Tuesday of April, and at Manchester,
on the fourth Tuesday of October, for the county of Hillsborough ;
provided^ however^ that so much of this section as provides that a
term of the court of common pleas shall be holden at Manchester^
shall not take effect till said town of Manchester shall provide
suitable rooms for the accommodation of said court, free of ex-
pense to the county, and the selectmen duly notify the clerk of the



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CHAP. 162.] ADJOUBNHENT OF COURTS. 439

said court of the same ; bat the said court shall be holden at
Amherst on the fourth Tuesday of October, until such rooms are
provided. {Laws of 1844, chap. 130.)

At Keene, on the third Tuesiday of March and the second Tues-
day of September, for the county of Cheshire : {Laws of 1844,
chap. 130.)

At Newport, on the first Tuesday of February and on the third
Tuesday of August, for the county of Sullivan : {Laws of 1847,
chap. 506.)

At Haverhill, on the second Tuesday of April and on the first
Tuesday of October, for the western judicial district of the county
of Grafton : (Laws of 1847, chap. 506.)

At Plymoutli, on the second Tuesday of May and the second
Tuesday of November, for the eastern judicial district for the
county of Orafton : {Laws of 1844, chap. 130, and laws o/1852,
chap. 1224.)

At Lancaster, on the first Tuesday of May and on the first
Tuesday of November, for the county of Coos. {Laws of 1844,
chap. 130.)



CHAPTER 182.

OF THE ADJOURNMENT OF COURTS.
COMPILED FROM

Chapter 173 of the Revised Statutes.
« 969, Laws of 1850.



8BCTI0K

1. Power to adjourn.

2. Any justice may adjourn.
8. SheriiF may adjourn.



Sbotion

4. Changes of terms.

5. Changes of place of holding court

6. Notice to be giren.



Section 1. The superior court of judicature and court of com-
mon pleas may adjourn their sittings from time to time, as they
may think proper.

Sec. 2. If the number of justices required to hold any term of
the court shall not attend, any of the justices present may open
and adjourn the court from day to day or to any future day or to
the next term of the court

Sec. 3. If none of the justices of the court shall attend at any
term, the sheriff may adjourn the court from day to day until one
of the justices shall attend.

Sec 4. When the time or place of holding anjr court shall be
changed by law, all writs, actions, processes, venires and every
matter and thing whatever which may be returnable at or contiu*



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440



CLERKS OF oousre*



[title



ned to sach term, shall be retarned to, entoed, have day and be
heard at the times and places fixed by law as -aforesaid.

Sec. 5. Whenever any cause shall exist which in the jndg-
ment of any court in this State shall render it dangerous, inccmve-
nient or inexpedient to bold any term of said court at the place
where by law such term should be holden, the judge or justices of
Baid court may adjourn the same to some other town or place
within the same county, and there complete the business of such
term in the same manner as if the same had not been adjourned:
provided^ howeveri that no adjournment shall extend beyond one
term of said court {Laws of feSO, chap. 96d, sec. 1.)

Sec. 6. Suitable notice of such adjournment shall be given in
such manner as the court may order. {Laws of 1850, chap. 969,
sec. 2.)



CHAPTER 183.

OP THE CLERKS OF COUKTS.
* IDENTICAL WITH

Chapter 174 of the Revised Statutes.



Sbctioh
1. Clerk for each oonnky, and to give

bonds.
8. Clerk not to be register of deeds or

coantj treasurer.
3. Clerk to aocount at each term.



Sbotion

4. Cleik to fhmish to sheriff list of fines.

5. Clerk to certify copies of records, Ac,

in his office.

6. Clerk's office, where to be kept

7. Copies agreed on as snch, maj be osed.



Section 1. There shall be a clerk of the superior court and a
clerk of the court of common pleas in each county^ each of whom
shall, before he enters upon the duties of his office, give bond to
the county in the penal sum of five thousand dollars, with two or
more sufficient sureties, to be approved by one of the justices of
the court of which he is clerk, conditioned for the faitl^ul discharge
of the duties of his office, the payment of all moneys by him
received as clerk, to the State, county or individuals as the law
directs, and for the safe keeping and deliven^ of all records, files
and papers belonging to his said office, immediately upon his leav-
ing the same.

Sec. 2. No clerk of any court shall be at the same time register
of deeds or county treasurer.

Sec. 3. Every such clerk shall immediately after each term of
the court, account with and pay over to the county treasurer all
money by him received for the use of the county, and the presid-
ing judge shall certify the account of the clerk at the close of
the term.



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GHAP. 184.]



JUSTICES OF THE PBAOB.



441



Sbo. 4. Every clerk of isaid courts shall, at the close of -each
court, or earlier, make and deliver to the sherifis, proper writs,
warrants and processes for the collection of all ^fines and forfeitures
imposed by said court, and shall make and transmit to the treasurer
of the county a list of the scune ; and if any clerk shall neglect his
duty herein, he shall forfeit the sum of twenty dollars to any person
who will sue for the same.

Sec. 5. The records and files of the several courts of sessions
and courts of common pleas heretofore established by law, and all
records and files of justices of the peace deceased or removed fi'om
their counties, shall be deposited in the office of the clerk of the
court of common pleas, who shall give attested copies thereof, and
shall be for that purpose the proper certifying officer.

Sec 6. The clerks of the superior court and court of common
pleas sh^ keep their offices and the records of said courts in one
of the toWns in which such courts are holden, and if any suitable
office is provided by the county, such records shall be there kept.

Sec. 7. In all cases where it shall become necessary in any
judicial proceedings to use or file a copy of any writ, pleading, case
or other writing or document, a copy thereof agreed on or certified
as such by the contending parties in such proceeding, or by their
counsel or attorneys, may be received, used or filed, and shall, as
between said parties and all persons claiming under them, be as
effectual for all purposes as a copy thereof made or certified by
any clerk or other certifying officer.



CHAPTER 184.

OF JUSTICES OF THE PEACE.
IBENTICAL WITH

Chapter 175 of the Revised Statutes.



Sxonoir

1. Jarisdiction of justices.

2. No evidence of title ander general

issae allowed to be intiodaced.
,3. Proceedings on plea of title.

4. Action to be entered at court of com-

mon pleas.

5. On neglect, costs to be awarded.

6. Appeal may be taken.

7. Appeal, when and bow granted.

8. Copies to be filed on appeal.

9. On neglect to enter appeal, costs.
10. Caaa to be tried in court



Sbctior

1 1 . Costs on appeal for defendant, when.

12. Adjournment of trial.

13. If justice absent, another may act.
U. Justice not to act as attorney.

15. Justices to keep records.

16. Executors and others to deposit rec-

ords in the clerk's office.

17. Justice removing, to deposit records.

18. Justice to issue execution after his

commission expires.

19. Justices ont of commission to gfti

copy.



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442 JUSTICES OF THE PEACE. [tITLB XX.

Section 1. Every jnstice of the peace within his county may
hear, try and determine all pleas and actions in which the title to
real estate shall not be drawn in questioni when the damages
demanded do not exceed thirteen dollars and thirty-three cents.

8ec. 2. When any action of trespass shall be brought before a
justice and the defendant shall plead the general issue, he shall not
be allowed to offer any evidence that may bring the title to real
estate in question.

Sec 3. If, in any such action, the defendant shall plead any
special plea by which the title to real estate may be drawn in ques-
tion, the justice shall record such plea, and no further proceedings
shall be had in such action before him, except that the plainti£f, if
he so choose, may become nonsuit.

Sec 4. In case such special plea shall be filed, the plaintiff
may enter his action in the next court of common pleas, and file
there attested copies of the writ, plea and all other papers used in
said cause, and there prosecute the same as in actions originally
commenced in said court.

Sec 5. If such plaintiff shall not enter his action in the court
of common pleas, the said court, upon complaint of the defendanti
shall allow him his costs both before the justice and at said court.

Sec 6. Either party aggrieved by the judgment given by any
justice in any civil cause, may appeal therefrom to the next court
of common pleas to be holden in the same county.

Sec 7. Every appeal shall.be claimed within two hours after
the judgment is rendered, and shall not be granted unless the party
appealing shall enter into recognizance to the adverse party, with
sufficient sureties, in the sum of twenty dollars, to pay the costs
which may be recovered against him.

Sec 8. The party claiming an appeal shall produce at the
court to which the appeal is claimed, attested copies of the writ,
pleadings, judgment, and all other papers used and filed in the
cause in the court below.

Sec 9. If any appellant shall fail to enter his appeal, or to
produce such copies or to pay the jury fees, the former judgment
shall be affirmed and costs taxed for the appellee.

Sec 10. If the court shall reverse the judgment of a justice
that any writ be abated, the case shall not be remanded, but shall
be heard and determined in said court

Sec 11. If the plaintiff appeal in any action founded on con-
tract, and shaU not recover damages to a greater amount than were
awarded by the justice, the defendant shall recover his costs on
such appeal.

Sec 12. Eveiy justice may adjourn the trial of any civil cause
before him to sucn future time as may be proper, not exceeding
three months.

Sec 13. If such justice shall fail to attend at the time and
place to which any process is returnable or continued before him,
any other justice may attend and continue the same, not exceeding



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CHAP.



185.]



POLICE COURTS.



443



thirty days, without cost to either party and saving the rights of
all parties.

Sec. 14. No justice shall be of counsel or act as an attorney
to either party, nor advise nor assist any party in any case before
him.

Sec. 15. Every justice shall keep a fair record in one or more
books, to be kept for that purpose, of all proceedings, civil or crim-
inal, before him.

Sec 16. The executor or administrator of every deceased jus-
tice, and every other person into whose hands the records and oj9i-
cial files of such justice shall come, shall forthwith deposit the
same in the office of the clerk of the court of common pleas, where
they shall be kept ; and if any such person shall neglect to deposit
the same as aforesaid for six months, he shall for each month's
neglect afterwards, forfeit and pay to any person who will sue for
the same, the sum of five dollars.

Sec 17. When any justice in commission shall remove firom
his county, he shall deposit his records and files with the derk as
aforesaid ; and if he shall neglect so to do, he shall forfeit for every
month's neglect after such removal, the sum of five dollars to any
person who will sue for the same.

Sec 18. Any justice may issue execution on any judgment
recovered before him during his term of office under any former
commission, in the same manner as if his commission had not
expired.

Sec 19. Every person who has sustained the office of a justice
of the peace, may give attested copies of any proceedings before
him as such justice, and his certificate shall be valid.



CHAPTER 185.

OF POLICE COUBTS.



IDENTICAL WITH

Chapter 1283, Laws of 1852.



Sbotioh

1. Justices, how appointed ; police court

to take cognizance of all crimes,
offences, &c.

2. To hear and determine all snits, com-

plaints and prosecutions, &c.

3. To hare original and exclnsire Juris-

diction in all cases which may now
or hereafter he heard hy a justice of
the peace. Police justice not to he
counsel or attorney, when.



Sbgtioh

4. Warrants, how issued and returnable ;

fees for same, how regulated.

5. Fines and costs to he taxed, paid and

certified, how.

6. Court to be held once a month, and as

much oftener as necessary ; justice
to establish rules for said court
Justice to account for and pay over
fees, &c Salary not less than on«
hundred doUan.



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444



POLICB cauim.



[title



Officen arrestiDg witfaont wsmnit to
carry the offender before tlie laid
jntice forthwith ; penaltj for neg-
lect or refassL

Directions to towns to avul Aem-



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 47 of 80)