jurors as the business shall require; but the grand jury shall attend the court holden by the justice designated to hold the court of common pleas throughout the state.

CHAPTER 166.

OF THE ADJOURNMENT OF THE SUPREME COURT AND COURT OF COMMON PLEAS.

SECTION 1. The supreme court, or any one of the justices thereof holding, or attending to hold the same, may adjourn the same, and any one of said justices holding or attending to hold the court of common pleas may adjourn the same, from time to time, at his or their discretion.

SEC. 2. In case a justice of the supreme court shall not attend, or remain in attendance, to adjourn the courts, the clerk of the court, or, in case of his death, absence or inability, the sheriff of the county may adjourn such court from day to day, for not more than six days.

SEC. 3. If, from any cause, a justice of the supreme court cannot attend within six days from the time appointed by law for the holding of such courts, or from the time to which such courts may have been adjourned, any one of the justices of said court, by writ under his hand and seal, directed to the sheriff of the county, may adjourn such court to a further day, as in said writ shall be expressed.

SEC. 4. The sheriff, upon the receipt of such writ, shall cause publication to be made of the same at the court house in the county, and at some other of the most public places within the same county; and also cause a notification of such adjournment, and the time to which it is made, to be posted up at or near the said court house, and other public places, as aforesaid, to the intent that unnecessary travel, charge and attendance of all persons concerned, may be prevented.

SEC. 5. The sheriff shall return such writ with his doings thereon into the clerk's office of such court.

SEC. 6. All pleas, writs, actions, suits, processes, precepts, recognizances and other things whatsoever, returnable or having day in

said courts, shall stand, abide and continue unto the said adjournments made in any of the modes aforesaid, and be holden, deemed and adjudged to be as good, effectual and available in law to all intents, constructions and purposes, as if such courts had been holden and kept on the day appointed for holding the same, and no adjournment of the same had been made.

SEC. 7. If from any cause, said courts in any county, shall not be holden at the times appointed by law, or to which the same may have been adjourned, all business of every kind and nature pending in such courts, shall be heard, proceeded upon, and determined at the next term of such courts in the same manner as it might have been heard, proceeded upon and determined at the term or session by adjournment, which was to have been, but was not holden.

CHAPTER 167.

OF SPECIAL COURTS OF COMMON PLEAS, AND OF PROCEEDINGS

SECTION 1. Any justice of the supreme court is empowered to hold special courts of common pleas, for the trial of all causes which by law are or may be cognizable by such courts, to render judgment and award execution therein, and generally to do all other matters and things whatsoever, which are or may be done by special courts of common pleas.

SEC. 2. Such courts shall have cognizance concurrent with the supreme court and court of common pleas;

Of all actions brought before them by auctioneers and others lawfully authorized to sell at auction, for moneys due on sales of real and personal estate sold at auction, if of the value of fifty dollars and upwards;

Of all actions commenced by the owners of real and personal estate sold at auction, against the auctioneer or other person

authorized to sell as aforesaid, for moneys due from them on such sales;

Of all actions brought against tenants, for possession of the tenements or estates let, who hold over the term for which such tenements or estates are let, whether the same be let by writing or parol;

Of all actions brought for possession of tenements or estates let, against tenants and others who have broken the terms or conditions of the lease or agreement under which they held, or who hold or occupy tenements or estates by forcible entry and detainer;

Of all actions commenced by the general treasurer, or by any town treasurer against any collector of taxes and his sureties for such collector's neglect of his official duty;

Of all actions brought against any sheriff, deputy sheriff, town sergeant or constable, for neglect to make due return of any execution, or to pay over to the creditor, or his attorney, the contents of any execution by him received, when demanded, or which shall be returned satisfied or unsatisfied without orders from the creditor or his attorney so to do, unless the body was committed, or bail taken, or property attached on the original writ;

Of all actions commenced by any sheriff against his deputies or their sureties for any neglect of duty in relation to any execution for which the sheriff is answerable or liable to be sued at a special

court.

SEC. 3. A special court writ shall be served six days before the sitting of the court; the declaration shall be filed four days before the sitting of the court, and the answer or plea three days before the sitting of the court: Provided, the writ shall contain a notice that the answer or plea shall be filed three days prior thereto; otherwise the answer shall be filed on the day appointed in the writ for the court.

SEC. 4. If, in such case, no plea or answer be filed, and no appearance made by the defendant at the time appointed for the court for leave to file such answer or plea, the clerk shall, without the intervention of a judge, enter up judgment by default, and award execution in the same.

SEC. 5. At any time before judgment in a special court action any justice of the supreme court may, for cause shown, allow a plea or answer to the merits, to be filed out of time; in which case, and in case of plea or answer filed, he may adjourn the court to any future day.

SEC. 6. Issues of fact, joined in such action, shall be tried to the court, unless one of the parties shall, on or before the day next preceding the sitting of the court, or at the time at which he shall have leave to answer, give notice to the clerk that he requests a trial of the same by a jury.

SEC. 7. In case of such notice, the clerk shall immediately issue a writ of venire facias, directed to the sheriff or his deputy, or in case of the sheriff being a party, to some town sergeant in the county, requiring him to suminon twelve jurors, being good and

lawful men of the county, to try such issue; and if there shall not be a sufficient number of jurors attending, in pursuance of such writ, the court shall direct the issuing of other writs of venire facias to complete a jury.

SEC. 8. In such case, and in case an issue in law be joined, or of an appearance of the defendant on the day of court for leave to answer the action, the clerk shall, unless some judge be present, issue a notification thereof to some justice of the supreme court, and of the day of the special court; which notification shall be served by some sworn officer or indifferent person, and returned to the court.

SEC. 9. Executions on judgments of special courts shall be issuable after three hours from the rendition of judgment; and shall be returnable to the office of the clerk of the court within fourteen days from their being issued.

SEC. 10. Upon the application of any turnpike or railroad company, or of any person whose interest may be affected by such road, or by the doings of such company, to the clerk of the court of common pleas in the county in which the estate affected by such road lies, a special court of common pleas may be called, and may hear and determine any matter or thing whereof the court of common pleas at its regular term hath jurisdiction and cognizance, relative to turnpikes or railroads, by virtue of any act of incorporation; due notice being given to the adverse party by citation, under the seal of the court and hand of the clerk, at least ten days before the time of holding the same, by the sheriff or his deputy, and by the clerk, to some justice of the supreme court, in manner above provided.

SEC. 11. Whenever any railroad company shall locate their road or any part thereof, they may file the report of such location with the clerk of the court of common pleas in the county in which such located railroad is situate, and may request in writing that a special court of common pleas may be called to consider and act on the same.

SEC. 12. Upon such request, said clerk shall give notice to all persons interested in the lands over which said located road passes, in the manner prescribed in the eleventh section of this chapter; or he shall publish notice of such location and report, and of the time of holding the special court to consider the same, for at least ten days before the day appointed for such court, in two newspapers printed in the county, or in two newspapers printed nearest to said place of location; the mode of notice to be at the option of said company; and said clerk shall also cause some justice of the supreme court to be notified of the request for such special

court.

SEC. 13. A special court so called shall have the same power and jurisdiction over such report as the court of common pleas at a regular term would have, either by the charter of such company or by general law.

SEC. 14. The fee of the justice attending any such special court shall be four dollars per day; the fee of the clerk for his services

shall be two dollars; and the fees for notifying the justice or parties shall be the same by law allowed for summoning witnesses; and the railroad company, at whose request such special court was called, shall pay all the expenses of notifying and holding the

same.

SEC. 15. Any special court may, in the absence of the judge, at the time appointed for the same, be adjourned by the clerk to any future time.

CHAPTER 168.

OF THE JURISDICTION OF AND PROCEEDINGS BEFORE JUSTICES OF THE PEACE IN CIVIL CASES.

SECTION

1. Original jurisdiction of justices of the peace in civil cases.

2. Action before, where commenced. 3. Writ issued by, when to be served.

4. Not to issue blank writs signed, except to attorneys, under penalty.

5. Title to real estate, not triable before. 6. Action of trespass, to which title is pleaded, how to be disposed of.

7. Except title in trespass, special pleas need not be filed before.

8. Account of particulars, when to be annexed to writ.

9. Of actions before, for balances of ac

count.

10. Of account of defendant and of judgment in such action, if balance exceed not fifty dollars.

11. Of judgment in, if balance exceed fifty dollars.

12. Actions before, on notes, &c., reduced by indorsement, to fifty dollars and under.

13. Of confession of judgment before, upon process served.

SECTION

14. Of confession of judgment before, without process.

15. Of taxing costs, signing execution and trial, in cases before.

16. Summons to witnesses in, who may issue.

17. Who to make up judgment, issue execution, &c., in case of death, &c., of justice.

18. No attorney's fee, in cases before, taxable.

19. Judgments, &c., before, by whom and how recorded.

20. Records, &c., of, where to be deposited, in case no longer justice.

21. Duties of executors, &c., of, as to
records, &c., of, in case of death of
justice.

22. Penalty for neglect to deposit records.
23. Duty of justice not reappointed, as to
records, &c., before deposit of same,
and of town clerk after deposit.
24. Powers of wardens of certain towns.

SECTION 1. Every justice of the peace shall have original and exclusive jurisdiction of all civil actions, legally brought before him, wherein the debt or damages demanded do not exceed fifty dollars, excepting only actions relating to real estate or some easement therein, in which the title to the same may be in dispute, or those over which jurisdiction has been or may be conferred on some other tribunal, with power to enter up judgment and award execution therein.

SEC. 2. In case both parties live in the same county, the plaintiff