counsel, &c. Exceptions. R. S. 81, § 16. R. S. 136, § 22. 1859, 196, 282. 5 Cush. 386. may reserve questions of law, &c. R. S. 81, § 26. Cases reported by superior court, appeals, ed at next law unless, &c. Questions reserved to be heard, &c., by full court. 30. trial, to be had before the full court. And upon such trial, exceptions may be taken by the defendant and questions of law reserved, to be heard like exceptions taken in trials before a single justice; but if the exceptions are in the opinion of the court frivolous and intended for delay, the court may overrule them, and forthwith render final judgment and pass sentence. And after a decision upon any exceptions, the judgment may be entered and sentence passed, or preliminary proceedings for a new trial may be had, in the court held by a single justice. SECT. 10. Questions of law, whether arising upon a trial or other proceeding, or upon a motion for a new trial on account of an opinion, direction, order, or refusal, of a single justice in matter of law, may be reserved for the consideration of the full court, and so much of the case as is necessary for understanding the question shall be reported for that purpose. the SECT. 11. Cases reported by the superior court for determination by supreme judicial court, questions arising upon appeals from the de&c., to be enter- cisions of the superior court in matters of law, and upon exceptions to term in county, the opinions, rulings, orders, and decisions, of the court, whether allowed by that court or by the supreme judicial court upon petition, shall in those counties in which there is a law term, be entered at the term next to be holden for the county, unless otherwise agreed by the parties or R. S. 81, §§ 29, ordered by the superior court upon the allowance of exceptions under the provisions of section thirteen of chapter one hundred and fifteen. Upon exceptions allowed or questions reserved in any of the modes provided, the same shall be heard and determined by the full court; and such judgment or other proceedings shall be had therein as law and justice require. And the full court shall, as soon as may be after the decision of the questions submitted to it, make such order, direction, judgment, or decree, as is fit and proper for the further disposition of the case, and enter the same, or cause a rescript, containing a brief statement of the grounds and reason of the decision, to be filed therein. Records, &c., to contain brief statement of grounds of de cision; to be published if, &c. 1859, 196, § 48. Proceedings when exceptions are frivolous. R. S. 81, § 31. Judgment, when excep SECT. 12. The records and rescripts made upon the decision of questions arising in any of the modes mentioned in the two preceding sections shall contain a brief statement of the grounds and reasons of the decision; and if no further opinion is written out within sixty days, the reporter shall publish the case with the opinion contained in such record or rescript. SECT. 13. If, upon the hearing of a case brought before the court upon exceptions alleged, it appears that the exceptions are frivolous, immaterial, or intended for delay, the court may award against the party taking the exceptions double costs from the time when the same were alleged, and also interest from the same time, at the rate of twelve per cent. a year on any sum found due for debt or damages; or may award any part of such additional costs and interest. SECT. 14. If judgment has been rendered in any case in which exceptions are allow- tions are allowed, the judgment may be vacated by the full court without a writ of error, and as if it had been entered by mistake at the same term at which it is so vacated, and thereupon such further proceedings shall be had in the case as law and justice require. ed, may be vacated. R. S. 81, § 32. Proceedings on appeals, or oth R. S. 82, § 15. 1859, 196, § 48. 4 Gray, 572. SECT. 15. In cases where questions are entered in the court upon er issues of law. appeal, or other issue of law, the court may affirm the former judgment with additional damages, at the rate of six per cent. a year, or reverse the same in whole or in part, or order the case to be brought up, entered, and a new trial had, and may enter such judgment, order, or decree, and take such other order therein as the superior court ought to have done, and shall cause such other proceedings to be had in the case as law and justice require. If appeal is not SECT. 16. If a party who has taken an appeal, or an exception which entered, adverse has been allowed, neglects to enter the question in the supreme judicial court, the adverse party may enter a complaint and have the judgment, party may enter opinion, ruling, or order, affirmed. complaint, &c. R. S. 82, § 10. omitted, &c., security to be by. SECT. 17. If by mistake or accident a question arising upon an appeal, 3 Cush. 57. or upon exceptions in the superior court, is not duly entered in the Entry of appeal supreme judicial court, or if, for a like reason, a complaint founded on may be allowed an omission to enter such question has not been entered by the adverse on petition. No party, the court, upon petition filed within one year after the question revived thereor complaint should have been entered, and upon such terms as it deems R. s. 81, §§ 34, just and reasonable, may allow the party taking the appeal or exception 35, 36. to enter the question, or the adverse party to enter his complaint, as the case may be; and when so entered the court shall proceed therein as if it had been entered at the proper term. But no security by bond, attachment, or otherwise, discharged by the omission of either party to enter the question or complaint, shall be revived and continued in force by the entry of such question or complaint. SECT. 18. Four or more justices present at a jury term shall have and exercise the powers of a full court; a single justice present at a law term shall have and exercise the same authority as at a jury term. SECT. 19. If an indictment for a capital offence is pending and for trial in a county in which there is no law term established, the justices shall hold a session in such county for the trial thereof. SECT. 20. The chief justice upon receiving notice of the pendency of such an indictment shall take measures for convening a quorum of the justices for the trial at the stated term of the court in the county, or at an adjournment of such term; which trial shall be had as soon after the finding of the indictment as the other official duties of the justices admit, and the circumstances of the case require. 1859, 196. 4 Met. 371. 5 Cush. 501. Powers of justices at jury and law terms. R. S. 81, § 38. 1859, 196, § 39. 5 Cush. 495. Capital trials, where there is no law term. R. S. 81, § 41. 1859, 196, 282. Court, how to be convened. 1859, 196, 282. R. S. 81, § 42. that purpose. SECT. 21. If a session of the court is not to be held in the county Special term, within six months after the finding of the indictment, a special term when held for may be held for the purpose by the full court at such time and place as R. S. 81, § 43. a majority of the justices may, by an order in writing under their hands, 1869, 196, 282. directed to the sheriff of the county, determine. SECT. 22. The sheriff shall give notice of the intended special term, how notified, by posting a copy of the order on the door of the court house, or by ings threat. publishing the same in such other manner as therein directed; and the R. S. 81, § 44. clerk for the county shall issue venires for jurors, and he and all other 1859, 196, 282. officers shall do all things necessary or proper in relation to such term, as at a stated term. &c. Proceed SECT. 23. The court assembled at such special term shall have and What business exercise the same powers as at a stated term, except that no party in meted at such any civil action pending in the court shall be required to attend at term. such terms, be defaulted or suffer any other penalty for not attending 1859, 196, 282. thereat. R. S. 81, § 45. to be tried in SECT. 24. An indictment for a capital offence found in the county of Capital indictDukes County, shall be tried at a court to be held in the county of ments in Dukes Barnstable; and the court for that purpose shall be convened and held Barnstable. and all the proceedings in relation thereto conducted as when held in RS. 81, § 46. the county where an indictment is found. SECT. 25. If a special term is required to be held in the county of Barnstable for the trial of an indictment found in the county of Dukes County, a written order shall be sent to the sheriff of each of said counties, and each of them required to do in his county whatever is necessary or proper in relation to such term. 1859, 196, 282. Special term in R. S. 81, § 47. commonwealth. SECT. 26. A law term of the court for the commonwealth shall be Law term of held at Boston on the first Wednesday of January of each year, which court for the may be adjourned from time to time to places and times most conducive What questions to the despatch of business and the interests of the public; and there termined thereshall be entered and determined therein questions of law arising in the in 1859, 196, § 36. counties of Barnstable, Bristol, Dukes County, Essex, Middlesex, Nan- 5 Cush. 494. entered and de tucket, Norfolk, Plymouth, and Suffolk; and also all questions of law arising in other counties where special provisions are not made therefor. SECT. 27. For entering and hearing questions of law arising in the when and where following counties, law terms shall be held as follows: Law terms for other counties, held. 1859, 196, § 36. Berkshire. Franklin. Hampden. Hampshire. Worcester. Law terms to be terms for re turn of process, unless, &c. 5 Cush. 495. For the county of Berkshire, at Lenox, on the first Tuesday of September: For the county of Franklin, at Greenfield, on the first Monday after the first Tuesday of September: For the county of Hampden, at Springfield, on the third Monday after the first Tuesday of September: For the county of Hampshire, at Northampton, on the second Monday after the first Tuesday of September: For the county of Worcester, at Worcester, on the fourth Tuesday after the first Tuesday of September. These terms shall be taken to be terms for the return of process, entry of appeals, trials, and for all purposes for which a court may be held by &c. But no jury a single justice in the county in which the court is held; but no jury to be summoned shall be summoned for such terms unless an order therefor shall be issued by the justices of said court, or one of them, directed to the clerk of said county. Cases which may have arisen or which may be pending in the counties of Berkshire and Franklin, when the provisions of this chapter take effect, shall have day and be cognizable in said counties respectively at the aforesaid terms: persons, processes, and matters, shall be held and answerable accordingly. Jury terms, when and where held. SECT. 28. Jury terms of the court shall be held by a single justice every year at the times and places following, and the presiding judge R. S. 81, §§ 12, thereat shall have and exercise all the powers not expressly reserved to the full court: 59. 1859, 196, § 56. Barnstable and Berkshire. Bristol. Essex. Hampden. Hampshire. Middlesex. Nantucket. Norfolk. Plymouth. Suffolk. Worcester. 1859, 274. Writs, &c., to be sued out of For the county of Barnstable and Dukes County, at Barnstable, on the first Tuesday of May: For the county of Berkshire, at Lenox, on the second Tuesday of May: For the county of Bristol, in alternate years at New Bedford and Taunton, beginning at New Bedford on the second Tuesday of Novem ber: For the county of Essex, at Salem, on the third Tuesday of April: For the county of Franklin, at Greenfield, on the second Tuesday of April : For the county of Hampden, at Springfield, on the fourth Tuesday of April: For the county of Hampshire, at Northampton, on the third Tuesday of April: For the county of Middlesex, at Lowell, on the third Tuesday of April: For the county of Nantucket, at Nantucket, on the first Tuesday of July: For the county of Norfolk, at Dedham, on the third Tuesday of Feb ruary: For the county of Plymouth, at Plymouth, on the second Tuesday of May: For the county of Suffolk, at Boston, on the first Tuesdays of October and April: For the county of Worcester, at Worcester, on the second Tuesday of April. SECT. 29. Writs and processes in suits cognizable by the full court, clerk's office in except original writs ordered by the court, shall be sued out of the county, &c., and clerk's office of the county in which the matter is pending, and be returnable to the full court. returnable to SECT. 30. Any suit, matter, or thing, arising or pending in the county County to be of Dukes County cognizable by the supreme judicial court and to be Suits, &c., arisheard before a single justice, shall be entered, heard, tried, and deter- ing in Dukes mined, at the court held in the county of Barnstable, in all respects as if tried, &c., in the same court were held in the county of Dukes County; and all mat- R. S. 81, § 56. ters cognizable by the full court, arising or pending in the county of Dukes County, shall be heard and determined as if arising in the county of Barnstable. Barnstable. how entered in SECT. 31. If an action is continued nisi from any term, either for Judgments, argument or advisement, and is determined by the court before the next actions continterm in the same county, the judgment, by order of the court on the mo- ued nisi. R. S. 81, § 57. tion or at the request of the party prevailing, may be entered as of the 7 Gray, 385. then last term of the court in the county where the action is pending, whether it be a law term or not. If the action is pending in the superior court the rescript may direct the clerk to enter judgment as of the last term in that court. computed from entry. SECT. 32. The clerk in such case shall note on his docket the time of Liability of sereceiving such order, and when the order is for final judgment in favor curity to be of the plaintiff, the security in the suit, whether by bail or otherwise, time of such shall be held for the same time thereafter that it would be held after the R. S. 81, § 58. entry of judgment in the usual manner. entered. SECT. 33. All questions of law arising at the same term in each Questions of county, excepting the counties mentioned in section twenty-seven, shall law, how to be be entered in their order in the court, and in the order of time, as nearly 1859, 196, § 44. as may be, of the final adjournment of the terms at which the questions arise; and if any special proceeding comes before the court from any county requiring entry, it shall be entered, with the questions from such county which are entered nearest the day of the inception of such proceeding, and all entries shall be made forthwith upon receipt of the papers. And questions of law arising in the superior court in said counties shall be entered with the questions of law pending in the supreme judicial court for such counties respectively; and the clerks of the courts for said counties shall prepare the proper papers for their respec tive counties. of law SECT. 34. At the law term held in Boston, all questions of law shall At law term in be in order for argument within five days after their entry upon the Boston uw to docket of the full court, and be argued when reached, in their order, by be in order for either party ready to do so, unless the court, for good cause shown, post- in five days pones the same. SECT. 35. Questions arising upon appeals and exceptions in the superior court in criminal cases, and all processes and other proceedings in such cases, which may lawfully come before the court at the law term aforesaid, shall be entered upon the criminal docket, and be proceeded in and determined, and such judgment, order, or decision, made, as to law shall appertain. And such rescript, writ, or process, shall be issued thereon as the case may require. argument with after entry. 1859, 196, § 45. Questions on appeals, &c., in sucriminal cases, how entered, perior court in &c. when to be in order, &c., for argument. SECT. 36. At any time after five days from the entry thereof, all such criminal cases shall be in order and have precedence for argument on such day in every month in which the court shall be in session, as the 1859, 196, § 46. court may designate; and the arguments shall be continued till such cases are disposed of, and shall not be postponed except for special cause shown. be heard ex upon without SECT. 37. The court may hear any question ex parte when it is reached Questions may in the order of the docket and only one party is ready for argument; parte, when, or if neither party is ready, the exceptions may be passed upon by the &c.; or passed court without argument, or the case may be postponed when any special argument, or reason exists therefor; but no case that has been postponed shall be postponed. 1859, 196, § 47. again in order for argument until all the questions ready for argument have been argued, postponed, or otherwise disposed of. Construction SECT. 38. If no designation is made, the words "the court" may be of "the court." Court for the construed to mean the full court or a court held by one justice, as the context or subject matter may require. SECT. 39. The full court sitting at Boston for the commonwealth commonwealth shall examine and audit all accounts for services and expenses incident to said court, to be paid by the commonwealth. to audit accounts, &c. Salaries of justices. SECT. 40. The chief justice of the court shall receive an annual salary Decl. of Rights. of four thousand five hundred dollars, and each of the other justices Art. 29. R. S. an annual salary of four thousand dollars, from the treasury of the 81, § 61. 1856, 10. See Ch. 15, 36. Commonwealth. Compensation SECT. 41. Officers, except deputy-sheriffs, attending upon the court, shall receive compensation therefor as the court may allow, not exceeding three dollars a day. Jurisdiction in Contribution between devisees. More than two parties having distinct Copartners, &c. Trustees, &c. Waste and nuisance. Accounts. Creditor's bills. Fraud, &c. Accident or mistake. Full equity powers. 3. Cases in equity, how commenced, &c. 7. Court always open for hearings, &c. Rule 8. Final decree, appeal from. Proceedings. SECTION 10. Interlocutory decree, appeal from, not to transfer entire cause. 11. 12. not appealed from, open to revision. affecting merits, &c., question may be reported to court of law. 13. Appeal, not claimed in time, allowed on pe tition. 14. to be entered on separate docket. 15. Justice may reserve questions for full court. 16. Decree, &c., to bear date of entry. 17. Execution on final decree not to issue for 18. Court may hear cases pending in another SECTION 1. In addition to the jurisdiction in equity otherwise con equity; original ferred, the supreme judicial court shall have original and exclusive R. S. 81, $$ 4,5,9. jurisdiction of every original process, whether by bill, writ, petition, or and exclusive. 3 Cush. 214. 8 Cush. 529. special and general. R. S. 81, § 8. 12 Met. 316. Redemption of mortgages. Trusts. otherwise, in which relief in equity is prayed for, except when a differ ent provision is made; and may issue all general and special writs and processes required in proceedings in equity to courts of inferior juris diction, corporations and individuals, when necessary to secure justice and equity. SECT. 2. The court may hear and determine in equity all cases hereafter mentioned, when the parties have not a plain, adequate, and complete remedy at the common law; that is to say, Suits for the redemption of mortgages, or to foreclose the same: 22 Pick. 526. 2 Gray, 190. 5 Gray, 177. Suits and proceedings for enforcing and regulating the execution of 20 Pick. 368, 372. trusts, whether the trusts relate to real or personal estate : |