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Court, in all civil actions, where the damage claimed, as above stated, is above six hundred dollars, in Suffolk, and three hundred dollars in other counties, and of complaints for flowing land; but in these cases, the defendant has a right to remove it to the Supreme Court, at the first term, (§ 3,) and it may be removed by the consent of both parties at any subsequent term. Stat. 1844, c. 162. An action of trespass quare clausum, is considered as a personal action, so that it may be removed. Northampton Paper Mills v. Ames, 6 Met. 422. It has jurisdiction of writs for the foreclosure of mortgages, but of no other writs of entry, nor of actions respecting easements on real estate. action by a mill owner for an obstruction of the stream below his mill and close, is an action respecting an easement on real estate, and the Common Pleas have no jurisdiction of it. Cary v. Daniels, 5 Met. 236; Turner v. Blodgett, Ib. 240, note. The last case appears to have been clearly a case of flowage; but as it seems to have been reported for another purpose, the facts are not fully stated upon this point. It has a concurrent jurisdiction with the Supreme Court, of all petitions for partition, which may be removed to the latter, like civil actions, (Stat. 1842, c. 14;) but the statute of 1844, c. 162, does not authorize the removal of such cause, after the first term, by consent of parties. It has jurisdiction of all cases appealed from Justices of the Peace. Rev. Stat. c. 82,

3. Before and when a prosecution is pending for a common nuisance, affecting the public health, the Court, or any one Judge, in term time or vacation, may issue an injunction to stay or prevent it, until the matter shall be determined by a jury, or otherwise. Rev. Stat. c. 21, § 13. When objections are made to

the marriage of persons to two Justices of the Peace, and they are adjudged sufficient, either of the persons who propose to be married, may appeal to the Common Pleas. Rev. Stat. c. 75, § 13. They may discharge apprentices, and masters from their obligations to apprentices, on complaint made. Rev. Stat. c. 80, § 11, 23. They may assess and apportion the expense of supporting poor persons upon their kindred of sufficient ability, (c. 46, § 6,) and may also apportion the expense of improving meadows, swamps, marshes, beaches, and other low land, (c. 115, § 2,) and they must approve the by-laws of towns to make them valid, Rev. Stat. c. 15, § 13. The writ of habeas corpus may be issued by a Judge of the Common Pleas, if no Justice of the Supreme Court is known to be within ten miles of the place, where the party is imprisoned or restrained, (c. 111, § 8,) but the writ is, in all cases, returnable to the Supreme Court. The Court may grant new trials, in civil cases, at any time before final judgment, (c. 82, § 19,) and grant reviews of all their own judgments, and of those of Justices of the Peace. Rev. Stat. c. 99, § 26, 27. Petitions by mechanics for the enforcement of their lien on buildings erected by them, must originate in this Court, c. 117, § 4. They have also appellate jurisdiction of proceedings regulating the use of steam engines, and furnaces. Stat. 1845, c. 197.

5. THE SUPREME COURT consists, at this time, of four Judges. In addition to its extensive chancery powers, which it is not necessary here to enumerate, it has exclusive jurisdiction of all writs of entry, except for the foreclosure of mortgages, and of all other real actions, all actions respecting easements on real estate, not including complaints for flowing land, or

trespass quare clausum, and in all other civil suits where the debt or damage demanded or the property claimed, exceeds six hundred dollars in Suffolk, and three hundred dollars in other counties, when the plaintiff makes affidavit that the matter sought to be recovered, actually exceeds the said sum. Stat. 1840, c. 87, § 1. It has concurrent jurisdiction with the Common Pleas of all petitions for partition. Stat. 1842, c. 14, § 1. Generally, it has cognizance of all pleas, real, personal, and mixed, and of all civil actions, except as above limited, by original writ, appeal, writ of error, or otherwise, and the general superintendence of all Courts of inferior jurisdiction; authority to issue writs of error, certiorari, mandamus, prohibition and quo warranto, to Courts of inferior jurisdiction, to corporations and individuals, that shall be necessary for the furtherance of justice, and the regular execution of the laws. Rev. Stat. c. 81, § 2, 4, 5. It is the Supreme Court of Probate, and has appellate jurisdiction of all matters determinable by the Judge of Probate. C. 83, § 34. The writ of habeas corpus, may in all cases be issued by the Court, or by a single Judge, in term time, or vacation, and is in all cases returnable to, and triable before, one of the Judges of this Court. The foregoing powers may be exercised by a single Judge, and for this purpose, terms are held in all the counties of the Commonwealth, by the various Judges, in rotation.

In addition to these terms, which are held for the trial of jury causes, and for the despatch of such matters as are determinable by a single Judge, law terms are held, once a year in different parts of the Commonwealth, by the whole Court, to determine all motions for new trials, all questions of law on excep

tions from the Common Pleas, on cases stated by the parties, on special verdicts, and on all issues in law. C. 81, § 13. Three of the Judges constitute a quorum for all business required to be done by the full Court, 11. At these terms, also, questions are heard and determined, that have been reserved by report, exceptions or otherwise, before themselves, when a term is holden by a single Judge. This Court is also authorized to restrain towns from making payment of money illegally appropriated. Stat. 1847, c. 37. It has exclusive jurisdiction of all actions of waste, and case in the nature of waste. Stat. 1841, c. 55. It possesses exclusive jurisdiction of all cases of divorce, (c. 76, § 7,) and may authorize married women to sell real and personal estate, when abandoned by their husbands. Rev. Stat. c. 77, § 1, 2. It may authorize the sale of real estate of persons intestate, concurrently with the Common Pleas and Judge of Probate. C. 71, § 1.

The appellate jurisdiction of this Court has been much limited by the Statute of 1840, c. 87, § 4, 5, which provides that there shall be no appeal from any judgment of the Court of Common Pleas upon the verdict of a jury; but all questions of law, except such as may arise upon pleas in abatement, may be carried to this Court by bill of exceptions, or writ of error; but any party aggrieved by any judgment of the Common Pleas, founded upon matter of law, apparent on the record, except pleas in abatement, may appeal.

Such are the several tribunals established by the authority of this Commonwealth, for the administration of justice. There are other tribunals, however, established by the authority of the Federal Govern

ment, to which it is sometimes either necessary or expedient to resort, and it seems proper, therefore, to define their jurisdictions and powers. It is the uniform rule of the United States to conform to the practice of the State Courts, so far as they are capable of being conformed to their peculiar jurisdiction.

1. District Courts.- These Courts were established by the Act of 1789, c. 20, and their number is constantly increasing by the admission of new States, and the extension of our Territory. Several of the larger States have two each. They have exclusive jurisdiction of all civil cases of admiralty and maritime jurisdiction, including all seizures under laws of imposts, navigation or trade, of the United States, where the seizures are made on waters navigable from the sea, by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas, saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it. Stat. 1789, c. 20. They have also exclusive original cognizance of all seizures on land or water, and all suits for penalties and forfeitures incurred, under the laws of the United States, and concurrent jurisdiction with the State Courts and Circuit Courts, of all causes where an alien sues for a tort only, in violation of the law of nations, or of a treaty of the United States, and of all suits at common law, where the United States are plaintiffs. Stat. 1815, c. 253. They have also exclusive jurisdiction of all suits against consuls and vice-consuls, except for offences above the said description, and the trial of issues of fact is required to be by jury, except civil causes of admiralty, and maritime jurisdiction. Stat. 1789, c. 20, § 9.