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Senate. Special Comm. on an Act concerning the Supreme Judicial Court. Act to establish the Superior Court of the city of Boston, 1842
Senate No. 51 On February 16, 1842, a Special Committee responded to a recommitment with a new bill: An Act to establish the Superior Court of the
City of Boston, 1842. The new court would have three justices, one being Chief Justice. It would have exclusive jurisdiction of all civil actions
and suits of equity then heard in the Supreme Judicial Court and the Court of Common Pleas and crimes, offenses, and misdemeanors currently heard in
the Supreme Judicial Court or the Municipal Court. The Superior Judicial Court would retain jurisdiction for divorce, writs of certiorari, mandamus,
prohibition, and quo warrants. The new court would have appellate jurisdiction instead of the Court of Common Pleas for police court cases. It could
issue writs of habeas corpus. The days of civil and criminal sittings were established. Rules for jury selection were defined. There were sections
on the movement of cases, judge and/or jury trials, and appeals. The judges could make procedural rules, especially to speed the process, and could
split their attendance among locations. All actions pending in the Court of Common Pleas would move to the new court. If the Supreme Judicial Court
had a case to be tried by a jury, it was moved to the new court. Criminal matters currently in the Municipal Court would move to the new court. Any
orders and judgments of the new Court were to be recognized statewide. The salaries were listed. Boston voters had to approve the new arrangement
within sixty days. The Governor would appoint the new justices. (Digitized from a microfilm copy of title originally held by the Library of Congress).
Title:   The special committee to whom was re-committed the bill entitled "an act concerning the supreme judicial court," with instructions to report a bill providing for the establishment of a superior court for the city of Boston ... respectfully report the accompanying bill.
OCLC Number:   1422927379
Available Volumes
NameFiche CountOnlinePaper Backup
Vol. 1YesNo