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entitled to a reasonable allowance for his services, per diem, to be certified by the said court to the auditor for his warrant of payment.
LXXXV. The clerk's fees shall be the same with those in the county courts for similar services, and for all other services the same as those of the clerk of the general court, and shall be collected and accounted for in the same manner, and onder the same penalties, as those of the clerk of the general court now are.
LXXXVI. When any cause shall be finally determined, the clerk of the district court shall enter all the pleadings and papers filed as evidence therein, and the judgment thereupon, so as to make a complete record thereof; and those wherein the title of lands is determined, shall be entered in a separate book to be kept for that purpose.
LXXXVII. For preventing errors in entering up the judgments of said courts, the proceedings of every day shall be drawn at large by the clerk, against the next sitting of the court, when the same shall be read in open court, and such corrections as are necessary being made therein, they shall be signed by the presiding judge, and carefully preserved among the records.
LXXXVIII. On the last day of each court, the proceedings therein shall be drawn up, read, corrected, signed, and preserved as aforesaid.
LXXXIX. The attorney general shall provide deputies, to be approved by the executive, to act in those courts which he may not himself attend.
XC. No writ of error or supersedeas shall be granted in any case, until a final judgment shall be given in the county or other inferior court
XCI. The party praying a writ of supersedeas, shall petition the district court for the same, pointing out the error he means to assign in the proceedings, and procure some attorney practising in the district court, 10 certify that, in his opinion, there is sufficient matter of error for reversing the judgment; whereupon the court in their session, or any iwo judges of the court of appeals in vacation, may order such writ to be issued, or reject the petition, as to them shall seem just; but no supersedeas shall be issued in any case, except such, as in respect to its value or nature, would have admitted of an appeal. Vou. XJI.
XCII. Where any person or persons, body politie or corporate, shall think themselves aggrieved by the judgment or sentence of any county court, or court of hustings, in any action, suit or contest whatever, where the debi or damages, or other thing recovered or claim... ed in such suit, exclusive of the costs, shall be of the value of ten pounds, or two thousand pounds of tobacco, or where the ulit or bounds of land shall be drawo in question, or the contest shall be concerning mills, roads, the probate of wills, or certificates for obtaining adıninistration, such person or persons, body politic or corporaie, may enter an appeal from such judgment or sentence to the first day of the next court of the district in which such county is.
XCIII. Where the defendant in any personal action appeals, is the judgment be affirmed, the damages, besides costs, shall be ten per centum per annum upon the principal sum and costs recovered in the inferior court, in satisfaction of all damages or interest.
XCIV. In real or mixed actions the damages shall be ten pounds, or two thousand pounds of tobacco, besides costs; and where the plaintiff appeals in any action, if the judgment be affirmed, and in all controversies about mills, roads, probate of wills or certificates for administration, if the sentence of the inferior court be affirmed, the party appealing shall pay to the other all costs.
XCV. Writs of error shall not be sued out of the district courts to judgments of inferior courts, but with leave of the court, upon motion of the party desiring the same, and ten days previous notice thereof given in writing to the adverse party.
XCVI. Before the issuing of a writ of error or supersedeas, the party praying the same shall enter into boud, with sufficient security, in a penalty to be fixed by the discretion of the court, with condition to satisfy and pay the amount of the recovery in the county or other inferior court, and all costs and damages awarded by the district court, in case the judgment or sen. tence be affirmed.
XCVII. If upon hearing any writ of error or supersedeas, the judgment of the inferior court be reversed, the district court shall enter such judgment thereupon as ought to have been entered in the inferior coort.
XCVIII. If any person or persons shall desire to remove any suit depending in any inferior court into the district court, provided the same be originally cognizable therein, a certiorari for such removal may be granted by the district court, for good cause shewn upon motion, and ten days notice thereof given in writing to the adverse party; or in vacation, the party desiring such writ shall, by petition to the judges of the high court of appeals, set forth his or her reasons, and make oath before a magistrate to the truth of the allegations of such petition; whereupon any two judges of the said court may, under their hands, order the certiorari to issue, and direct the penalty of the bond to be taken previous thereto, or may reject such petition, as to them shall seem jusı; provided, that ten days previous notice of the time and place of applying for such writ be given in writing to the adverse party; upon which order of the judges, the clerk shall issue the certiorari,
XCIX. Bonds to be given in court for writs of error, supersedeas, certiorari, or any other cause, shall be valid and sufficient, if given by a responsible pero son, and security, although the party interested in the event of the suit be not an obligor.
C. On writs of scire facias, for renewal of judgments, no judgment shall be rendered on the return of two nihils, unless the defendant reside in the district, or unless he be absent from the commonwealth, and have no known attorney within the same. Provided, That the party shall enter into bond with sufficient se. curity, in the penalty so directed, with condition for satistying all money or tobacco, and costs, which shall be recovered against the party in such suit; but if any suit so removed by writ of certiorari shall be remanded to the inferior court by writ of procedendo or otherwise, such cause shall not afterwards be removed to the district court before judgment shall be given therein in the inferior court.
Cl. The clerk of the district courts shall carefully preserve all such petitions for writs of certiorari, with ihe affidavits thereto, in the office; and if any person in such affidavit shall make a false oath, and be thereof convicted, upon a prosecution commenced within (welve months after the offence committed, such offend
er shall suffer the pains and penalties directed for wilsu? and corrupt perjury.
CII. No supersedeas or writ of error shall be granted to any judgment in the district or county, or other inferior couri, after the expiration of twelve months from and after the date thereof.
CIII. Writs of habeas corpus may be granted without a seal, pursuing in other respects the act, intituled " An act directing the mode of suing out and prosecuting writs of habeas corpus."
CIV. The sessions of ihe high court of appeals shall in future commence on the iwenty ninth day of May, and the twenty ninth day of October, in every year; or when either of those days may happen to be Sunday, , then on the Monday following, and use the same jurisdic
tion over the district courts as it has heretofore exercised over the general court, and shall moreover establish rules of practice to be observed at the district courts, provided the same be in support of, and not contrary to this act.
CV. The sessions of the high court of chancery shall hereafter commence on the thirteenth day of June, and on the thirteenth day of December, in every year; or when either of those days may happen to be Sunday, then on the Monday following.
CVI. The sessions of the general court shall hereafter commence on the twenty-fourth day of May, and on the twenty-fourth day of October in every year; and when either of those days may happen to be Sunday, then on the Monday following, and shall sit six juridical days successively each time, unless the business depending before them be sooner dispatched.
CVII. And that henceforth all executions, or other process issuing from the general court, shall be made returnable to the first day of the said court : and that writs of scire facias may issue from and be tried in the said general court on all judgments which heretofore have been or hereafter may be obtained therein ; and may enter up judgments against any sheriff, deputy sheriff, or coroner, for all monies received by them upon any execution issued, or which may issue from the said court, and to award execution upon all replevy bonds, or bonds taken to see goods forth coming upon any exccution which has issued or may bereafier issue
from the said court ; any thing in this act to the contrary potwithstanding.
CVIII. The said court, while in session, is hereby authorized and required, without fee or reward, to examine into the fitness and capacity of such as may apply for license to practice law in the superior or inferior courts of this commonwealth ; and without the approbation of the said court, no person, who is not licensed at the passing of this act, shall be admitted to practice ; the judges shall be governed in the examination by the rules prescribed by an act, intituled “An act regulating the practice of attornies.”
CIX. But the said court shall exercise no power, jurisdiction or authority, which by this act is given to the district courts or its judges ; any law to the contrary notwithstanding.
Cx. The judges of the district courts shall have authority to superintend and regulate the jails of the counties where their sessions are to be holden, in the same manner that the general court might heretofore regulate and superintend the public jail.
CXI. The jailor in the said counties shall also be equally amenable to the judges of the district court as the keeper of the public jail has been to the judges of the general court ; and the several counties in which the district courts are established, shall defray all necessary expences of erecting, repairing, and keeping in repair proper jails and court houses.
CẢII. All the penalties hereby inflicted, and not otherwise appropriated, shall be, one moiety to the use of the commonwealth, and disposed of as the general assembly shall direct, and the other moiety to the informer, and be recovered by action of debt or information in any court of record where the same is cognizable; and where fines shall be laid by the district court on any person or persons for not attending as jurymen, the clerks shall annually before the last day of January, transmit to the sheriff of each county a list of all such fines, and all others imposed, to the use of the commonwealth, by the district courts, on persons residing in the county ; and such sheriff shall collect and levy the same in like manner as is provided for county levies, and account for and pay the money, deducting five per centum for commission, and also insolvents, to the treasurer of this commonwealth, on or