States sue and the matter in dispute amounts, exclusive of costs, to the sum of one hundred dollars.1

They also have jurisdiction exclusively of the courts of the several states of all suits against consuls or vice consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the District Courts in all causes, except civil causes of admiralty and maritime jurisdiction shall be by jury.2

The subjects of which these courts have cognizance concurrently with the Circuit Courts have been stated under the head of Circuit Courts.

District Courts, concurrently with the state courts, have jurisdiction in suits for penalties and forfeitures, under laws passed for the collection of direct taxes and internal duties.3

Almost the whole civil business of the District Courts consists of suits in admiralty, which must be commenced in those courts, and of suits at common law in favor of the United States or their officers, or for penalties and seizures under their laws, and of proceedings for the repeal of patents, few occasions occurring which call for the exercise of their jurisdiction in relation to aliens and consuls. And these courts have proved to be in practice, what they were no doubt designed to be, the admiralty and exchequer courts of the nation.*

'Stat. U. S. 1789. ch. 20. s. 9. But now by Stat. U. S. 1815. ch. 253. 8. 4. in all cases though the amount be less than $100.

2 Stat. U. S. 1789. ch. 20. s. 9.

Stat. U. S. 1815. ch. 253.

*1 Paine and D. Pract. 249.

CHAPTER III.

JURISDICTION OF COURTS IN MASSACHUSETTS.

SECT. I. SUPREME JUDICIAL COURT.

The jurisdiction of the several courts in this Commonwealth depends upon the several statutes by which they were erected.1

The highest court known in our law, is the Supreme Judicial Court, which consists of a Chief Justice, and three associate Justices, who hold their offices during good behavior.2

It was formerly requisite that the court should be holden in all instances by a majority of its members. But by the statutes of 1804. ch. 105; 1817. ch. 63; 1820. ch. 14; 1828, ch. 2; and 1832. ch. 130, power is given to one justice, to hold the court for all purposes, except for the trial of capital offences, and deciding questions and issues of law. By the statutes aforesaid, it is also provided, that all questions of law, arising before one judge may be reserved for the decision of the whole court. This may be done by a bill of exceptions, duly prepared and tendered to the judge, or it may be, and most usually is, by a report of the case by the judge.

Original and exclusive jurisdiction. The Supreme Judicial Court has not original jurisdiction of any causes, civil or criminal, which are made originally

1 Mountfort v. Hall, 1 Mass. Rep. 443. Commonwealth v. Johnson, 8 Mass. Rep. 87.

2 Stat. 1823. ch. 98.

cognizable by any other court, unless such jurisdiction has been given expressly, or by inevitable implication.'

This court has by statute, original and exclusive jurisdiction in all cases of divorce and alimony, and the mode of proceeding in them is regulated by the prac

tice of the civil law.2

In addition to the general power given to this court, in relation to alimony and divorce, it is empowered by Stat. 1787. ch. 32. to enable femes covert whose husbands have abandoned them, without making any sufficient provision for them, to contract in their own name and to sell and convey, and sue for any property, real or personal, belonging to them in their own right, and any contracts they may make by virtue of this authority will bind the husband in case of his return in the same way, as contracts made before coverture.

And by Stat. 1833. ch. 127. when any married man has absented himself from the Commonwealth and abandoned his wife, without sufficient provision for her support, the Supreme Judicial Court, upon application of such wife, may authorize any person, holding money or other personal estate to which her husband is entitled in her right, to pay or deliver the same or any part thereof, to such wife, and to authorize her to release or discharge the same, and such release or discharge shall be as valid as if made by the husband.

By Stat. 1817. ch. 190. s. 6. this court is also made the Supreme Court of Probate; and original and exclusive jurisdiction is given to it, in all cases, where a

1 Commonwealth v. Johnson, 8 Mass. Rep: 87.

2 Stat. 1785. ch. 69. s. 7. Stat. 1805. ch. 57. Stat. 1810. ch. 119. Stat. 1820. ch. 56. Stat. 1823. ch. 73. Stat. 1824. ch. 138. Stat. 1828. ch. 55.

judge of probate is a party. The mode of proceeding in such cases is conformable to the practice prevailing in the Court of Probate, but the rules of evidence are the same as in common law proceedings, except when altered by statute.2

The original and exclusive equity powers of this court will be stated under the general head of its chancery jurisdiction.3

The only original and exclusive criminal jurisdiction, now possessed by the Supreme Judicial Court, is that of capital cases in the county of Suffolk. In the other counties it has the exclusive right of trying capital cases, but they must originally be prosecuted in the Court of Common Pleas, and then removed for trial to the Supreme Judicial Court.5

This court, or any one judge thereof in term time, or any one or more of the justices thereof, in vacation, has the exclusive right to issue writs of habeas corpus.

By Stat. 1833. ch. 171. a trustee writ may be issued from the Supreme Judicial Court in all cases, where an original writ would lie to that court, and, in such case, the writ may be issued under the seal and signed by the clerk of the Supreme Judicial Court.

Original and concurrent jurisdiction.-In civil actions at law, the Supreme Judicial Court has no original jurisdiction concurrently with any other court,-its

6

1 Stat. 1786. ch. 55.

2 Eveleth v. Crouch and ux. 15 Mass. Rep. 307.

3 Supra. page.

4 Stat. 1812. ch. 133.

3 Stat. 1832. ch. 130. s. 1.

6

Stat. 1784. ch. 72. Stat. 1808. ch. 80. But see Stat. 1814. ch. 136. s. 3. that C. C. Pleas may also issue habeas corpus, where a minor enlists in the U. S. Army.

jurisdiction in these cases being either exclusive, or merely appellate.

The original equity powers which it has, concurrently with any other court, will be stated under the head of its chancery jurisdiction.1

2

In the county of Suffolk, the criminal jurisdiction of the Supreme Judicial Court is concurrent with that of the Municipal Court, except in capital cases, where, as we have seen, its jurisdiction is original and exclusive. In all other parts of the Commonwealth, its criminal jurisdiction is in no case concurrent or original, but merely appellate, except in capital cases, which this court alone can try, though they must be originally prosecuted in the Court of Common Pleas.3

The Supreme Judicial Court, in common with the Court of Common Pleas, and also with two justices of the quorum, has power to let persons to bail at their discretion.1

4

5

The Supreme Judicial Court, concurrently with the Court of Common Pleas, and the Probate Court has power to grant leave to executors, administrators and guardians, to sell real estate for the payment of debts, and charges of administration where it will be for the benefit of all concerned';-and concurrently with the Court of Common Pleas, to grant license to executors and administrators to convey real estate in pursuance of a contract made by the deceased, upon application of the person, with whom the contract was made, and

Stat. 1817. ch. 190. s. 10. Stat. 1830. ch. 45.

* Stat. 1783. ch. 32, 38. Stat. 1806. ch. 102. Stat. 1818. ch. 112. Stat. 1817. ch. 182. and vid. Stat. 1828. ch. 121.