TRIAL JUSTICES. [REVISED LAWS, CHAPTER 161.] so as to read as amended. for trial before SECTION 421. Section thirty-two of chapter one hundred R. L. 161, § 32, and sixty-one of the Revised Laws is hereby amended by inserting after the word "peace" in the fourth line the words "for not more than one year", follows: Section 32. Whoever is arrested for any of the Commitment crimes named in the preceding section shall be examined by superior court. the trial justice before whom he is brought, and may be tried before him, and, if convicted, may be required to find sureties to keep the peace for not more than one year and be punished by fine or imprisonment as before provided; or, if the offence is of a high and aggravated nature, he may be committed or bound over for trial before the superior court. amended. upon death of SECTION 422. Said chapter one hundred and sixty-one is R. L. 161, § 47, hereby further amended by striking out section forty-seven and substituting the following:-Section 47. If a trial Proceedings justice dies or ceases to hold office, before final judgment trial justice. in a criminal proceeding, the police, district or municipal court within whose judicial district such trial justice exercised jurisdiction may cause and allow the papers in the case to be brought and entered in said court, and may thereupon proceed as if the case had been originally begun therein. CLERKS, ATTORNEYS AND OTHER OFFICERS OF JUDICIAL amended. COURTS. [REVISED LAWS, CHAPTER 165.] SECTION 423. Section fifty-four of chapter one hundred R. L. 165, § 54, and sixty-five of the Revised Laws is hereby amended by inserting after the word "compensation" in the second line the words "and allow actual expenses of travel in attending hearings, if said expenses be approved by the court as reasonable," and by adding at the end of the section the words "No allowance for expenses of travel shall be allowed by the court, unless the officer asking such allowance shall file a true and correct account of such expenses, signed and sworn to by him", so as to read as follows: Section 54. Compensation The supreme judicial court and the superior court shall chancery, etc. award reasonable compensation and allow actual expenses of travel in attending hearings, if said expenses be approved by the court as reasonable, to commissioners, assessors, referees, masters in chancery and special masters, for duties performed under the direction of said courts, and to arbi of masters in trators appointed under the provisions of chapter one hundred and ninety-four upon whose awards judgment is entered, which shall be paid by the counties in which they are apAccount under pointed. No allowance for expenses of travel shall be allowed by the court, unless the officer asking such allowance shall file a true and correct account of such expenses, signed and sworn to by him. oath to be filed. R. L. 165, § 82, amended. Temporary stenographer at certain sessions of SECTION 424. Section eighty-two of said chapter one hundred and sixty-five is hereby amended by striking out in the second and third lines the words "in the county of Suffolk", so as to read as follows:- Section 82. The presiding justice of any special or temporary session of the superior court. superior court for civil or criminal business may, in his discretion, appoint one or more stenographers to attend therein, who shall be officers of the court and who shall be sworn. But it shall not be necessary to appoint a stenographer for any session for civil business if the justices do not consider it of a permanent and continuous character. R. L. 167, § 63, amended. Attachment of land fraudulently conveyed, etc. COMMENCEMENT OF ACTIONS, ETC. [REVISED LAWS, SECTION 425. Section sixty-three of chapter one hundred and sixty-seven of the Revised Laws is hereby amended by inserting after the word "creditors" in the ninth line the words ", or which is held on a trust for the debtor, express or implied, whereby he is entitled to a present conveyance", so as to read as follows: Section 63. If an attachment on mesne process is made of land, or of a right or interest therein, which has been fraudulently conveyed by the debtor to a third person, or which has been purchased by the debtor, or the purchase money of which has been directly or indirectly paid by him, and the title thereto has been retained in the vendor or conveyed to another person, with the intent and for the purpose of fraudulently securing the land from attachment by a creditor of such debtor, or with the intent and for the purpose of delaying, defeating or defrauding creditors, or which is held on a trust for the debtor, express or implied, whereby he is entitled to a present conveyance, it shall not be valid against a subsequent attaching creditor, or against a subsequent purchaser in good faith and for value, unless the officer in addition to the return required by the preceding sections also returns a brief description of the land which has been attached, by its locality, etc., amended. property. situation, boundaries or otherwise as known to him, and the names of the persons in whom the record or legal title stands. SECTION 426. Section one hundred and twenty-one of R. L. 167, § 121, said chapter one hundred and sixty-seven, as amended by chapter one hundred and forty-eight of the General Acts of nineteen hundred and sixteen, is hereby further amended by striking out the second and third sentences and substituting the following-The defendant, or a person in his behalf, Application for bond to pay may make written application to any magistrate who is value of authorized to approve the sureties upon said bond in the county in which the property is situated, stating the names of the parties to the action, the name of the officer who made the attachment, a description of the property which he desires to release from attachment, the names and residences of the proposed sureties, and, except in case the proposed surety is a surety company qualified to do business in this commonwealth, setting forth the property with which each of said sureties proposes to qualify, and in case said property, as so set forth, be realty, then giving the name of the city or town in which the same is located. The magis- Copy of applitrate shall forthwith cause a copy of the application, with served upon the time and place for the hearing, to be served upon the plaintiff. plaintiff, if he resides in the county, otherwise upon the officer who made the attachment; but the plaintiff or his Notice may be attorney may in writing waive such notice or may approve the bond or sureties at any time, or may agree that the amount of the bond is sufficient without approving the sureties, in which case the appraisal hereinafter provided for need not be made. ARREST ON CIVIL PROCESS. [REVISED LAWS, CHAPTER 168.] cation to be waived, etc. etc., amended. SECTION 427. Section one of chapter one hundred and R. L. 168, § 1, sixty-eight of the Revised Laws, as amended by chapter four hundred and eighty of the acts of nineteen hundred and ten and by section one of chapter two hundred and seventytwo of the General Acts of nineteen hundred and sixteen, is hereby further amended by inserting after the word “plaintiff" in the second line the words ", or if the action is brought in behalf of the plaintiff by a guardian, conservator or next friend or, in an action in which there are several plaintiffs, one of the plaintiffs or a guardian, conservator or next friend. of one of the plaintiffs, acting as such in the action", - so Arrest on mesne process in actions of contract. R. L. 168, § 84, amended. Inquiry as to validity of that the first part of the first paragraph of said section shall read as follows:- Section 1. No person shall be arrested on mesne process unless the plaintiff, or if the action is brought in behalf of the plaintiff by a guardian, conservator or next friend or, in an action in which there are several plaintiffs, one of the plaintiffs or a guardian, conservator or next friend of one of the plaintiffs, acting as such in the action, or, in the case of a corporation, an officer thereof, makes affidavit and proves to the satisfaction of the court to which the writ is returnable or a justice thereof: SECTION 428. Section eighty-four of said chapter one hundred and sixty-eight is hereby amended by striking out the words "a claim for the necessaries of life" in the first and second lines and substituting the words "which equitable process would lie under the provisions of section eighty", so as to read as follows: Section 84. A creditor who certain claims. has recovered a judgment upon which equitable process would lie under the provisions of section eighty against a debtor against whom proceedings by another judgment creditor are pending under the provisions of the four preceding sections may, upon motion and after notice to all parties in interest, inquire into the validity and amount of the claim of any judgment creditor for whose benefit the decree under the provisions of said sections has been entered. Accounting to Upon the hearing of such motion, the court may order any apportionment judgment creditor who is then a party to the proceeding to render an account to the court of all amounts theretofore paid by the debtor upon such judgment, and may also, after a hearing, enter a decree revoking or modifying any previous decree in the proceedings, and may order that payments thereafter made by the judgment debtor be apportioned between the different judgment creditors who are then parties to such proceedings. the court, of payments, etc. R. L. 170, 9, amended. Notice in inferior courts. ABSENT DEFENDANTS, ETC. [REVISED LAWS, CHAPTER 170.] SECTION 429. Section nine of chapter one hundred and seventy of the Revised Laws is hereby amended by striking out the words "and execution issued", in the ninth line, and substituting the words "for the plaintiff. Thereupon execution may issue", - so as to read as follows:- Section 9. If an attachment has been made upon a writ returnable to a police, district or municipal court or trial justice and the defendant is absent from the commonwealth, so that no judgment, service can be made on him and he has no agent or attorney residing in this commonwealth, the court or justice may order the action to be continued until notice thereof is given to the defendant in such manner as it or he may order. If, upon proof that such notice has been given, the de- Entry of fendant fails to appear on the return day of such notice, bond, etc. judgment may be entered for the plaintiff. Thereupon execution may issue for the plaintiff, upon his giving bond to the defendant with sufficient surety in double the sum for which execution is to be issued, conditioned to repay the amount recovered, if, within one year from the rendition of the judgment, proceedings are begun upon which said judgment is reversed. amended. defences. PLEADING AND PRACTICE. [REVISED LAWS, CHAPTER 173.] SECTION 430. Section thirty-two of chapter one hundred R. L. 173, § 32, and seventy-three of the Revised Laws is hereby amended by adding at the end thereof the words "; and such reply shall be available in any court where said action is pending", - so as to read as follows: Section 32. The plaintiff Equitable may, in reply to a defence alleged by the defendant, allege any facts which would in equity avoid such defence or which would entitle the plaintiff to be absolutely and unconditionally relieved in equity against such defence; and such reply shall be available in any court where said action is pending. amended. SECTION 431. Section four of chapter seven hundred and 1913, 716, § 4, sixteen of the acts of nineteen hundred and thirteen is hereby amended by striking out the words "regarding the improper admission or rejection of evidence," in the second and third lines, by striking out the words "to the admission or rejection of evidence", in the eighth line, and substituting the words "properly taken" and by striking out the words "as to such admission or rejection of evidence", in the tenth and eleventh lines, so as to read as follows: Section 4. Upon an appeal in a suit in equity in which the Upon appeal evidence is reported to the full court, all questions raised of it by exceptions taken at the hearing, shall be subject to tions raised revision by the court in the same manner as if they were to revision by contained in a bill of exceptions, and the report of the evidence shall include, as part thereof, notes of any exceptions properly taken and the rulings of the judge in respect thereto, and it shall not be necessary to file any bill of exceptions or to equity ques made subject court, etc. |