upon any other court in the Commonwealth, but the Court of Common Pleas in common with this Court, possesses power to establish such rules and regulations as may be necessary to the orderly conducting of the business of the court.1

The right to punish for disobedience to such rules is necessarily incident to the power to establish them, and, as a general rule, all courts of record possess an inherent right to punish by fine and imprisonment any thing which is strictly a contempt of such court.2

The rules and orders of court thus established and thus obligatory when established, together with legislative enactments and judicial decisions in the cases where they have been thought necessary, are the sources of the practice in the courts of this Commonwealth.

Our practice, compared with that in the English Courts, is exceedingly simple; and as the Court of Common Pleas has jurisdiction throughout the Commonwealth, and the appellate and correcting power of the Supreme Court extends over all the courts, the practice in the several courts is, with but trifling ex-. ceptions, uniform throughout the Commonwealth.

The present treatise upon practice is for convenience divided into two books. In the first book are considered in their order, the several steps which must be taken in every suit, which proceeds regularly from the issuing of the writ, through a trial, to judgment and execution, in the same court where it originated.

The second book treats of those incidental steps which are not indispensable to the regular completion of any suit, but which may be taken in every one ac

1 Stat. 1820, ch. 79. §. 7.

2 Vid. Stat. 1784, ch. 28. s. 6.

cording to circumstances, including the methods of carrying actions from an inferior to a superior Court.

This division has been adhered to as strictly as was practicable. And it was deemed useful, before entering upon the main subject, briefly to state the jurisdiction of the Courts of the United States and of Massachusetts.

CHAPTER II.

JURISDICTION OF COURTS OF THE UNITED STATES.

SECT. I. SUPREME COURT OF THE UNITED STATES.

By the constitution of the United States, "the judicial power of the United States is vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."1

1. Original. The Judicial power of the United States extends to all cases in law and equity, arising under the constitution, the laws of the United States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof, and foreign States, citizens or subjects."2

"In all cases affecting ambassadors, other public

1 Art 3. s. 1.

2 Art. 3. s. 2.

ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make."1

By an amendment to the constitution, “the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State."2

The Supreme Court consists of a Chief Justice and six associate Justices, any four of whom make a quorum.3

The Supreme Court has exclusive jurisdiction of all suits and proceedings against ambassadors, other public ministers and consuls; and original, but not exclusive jurisdiction of all suits brought by them.1

The Courts of the United States have not jurisdiction, when both parties are aliens.5 Nor of suits between citizens of different States, except where one of the parties is a citizen of the State where the suit is brought.R

2. Appellate. An appeal lies to the Supreme Court of the United States, from any final judgment or decree in the Circuit Court or District Court, where the matter in dispute exceeds the sum of two thousand

1 Art. 3, s. 2.

2 Art. in addition, 11.

3 Stat. U. S. 1807, ch. 71, s. 5.

Stat. U. S. 1789, ch. 20, s. 13.

"Montalet v. Murray, 4 Cranch, Rep. 46; Hodgson et. al. v. Bowerbank, et als. 5 Cranch Rep. 303.

"White v. Fenner, 1 Mason, Rep. 520.

dollars; but no new evidence is received, and the judgment is only reversed or affirmed, except in cases of admiralty and maritime jurisdiction.'

It is provided by statute, "that a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the constitution, treaties, or laws, of the United States, and the decision is in favor of such their validity; or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under, the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said constitution, treaty, statute, or commission,-may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a writ of error." "But no error shall be assigned or regarded as a ground of reversal, in any such case as aforesaid, but such as appears on the face of the record, and immediately respects the before-mentioned questions of validity or construction of the said constitution, treaties, statutes, commissions or authorities in dispute."?

The Supreme Court has power to issue writs of mandamus, quo warranto, and generally to exercise that superintending authority over all inferior courts, which

1Stat. U. S. 1789. ch. 20. s. 22; Ib. 1803. ch. 93. s. 2; Ib. 1819. ch.

2 Stat. U. S. 1789. ch. 20. s. 25.