vested in them, may, if they see fit, order the clerk of the court of common pleas to enter up judgment as of the term of said court of common pleas next preceding the term of said superior court wherein such order is made, and to issue execution accordingly; and in case such judgment shall be for the plaintiff, any property attached on his writ shall be holden until the expiration of thirty days from the actual time of the issuing of the execution, agreeably to said order. (Laws of 1843, chap. 34, sec. 16.)

SEC. 19. Whenever an execution against the property of a defendant shall have been issued on a judgment at law, and shall have been returned unsatisfied in whole or in part, the party suing out such execution may file a bill in the superior court of judicature against such defendant, and any other person, to compel the discovery of any property or thing in action belonging to the defendant, or any property, money or thing in action due to him, or held in trust for him; and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself. (Laws of 1845, chap. 234, sec. 1.)

SEC. 20. The court shall have power to compel such discovery and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgment, out of any money, property or things in action belonging to the defendant, or held in trust for him, with the exception above stated, and of property specially exempted from attachment and execution, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not. (Laws of 1845, chap. 234, sec. 2.)

COURT OF COMMON PLEAS.

SEC. 21. The court of common pleas shall have original jurisdiction of all civil actions in which the proceedings shall be according to the course of the common law, except in cases where justices of the peace have jurisdiction, and where the proceedings must be commenced by writs of which the superior court has exclusive jurisdiction, and in all other cases provided by law. (R. S., chap. 172, sec. 3.)

SEC. 22. The said court shall have original jurisdiction in all criminal cases whatever, except such as are within the jurisdiction of justices of the peace. (R. S., chap. 172, sec. 4.)

SEC. 23. The said court shall have jurisdiction of all appeals from justices of the peace in civil and criminal cases, and of all petitions for the laying out and discontinuing of highways in cases provided by law. (R. S., chap. 172, sec. 5.)

SEC. 24. The court of common pleas shall have authority to try all issues of fact which shall be transmitted to them for trial from the superior court, and to make all proper orders relating thereto in their discretion. (R. S., chap. 172, sec. 6.)

SEC. 25. Any person aggrieved by any opinion, direction or judgment of said court of common pleas in any action or proceeding, may allege exceptions thereto at the same term, which shall be reduced to writing before the adjournment of the court without day, and being conformable to the truth of the case, shall be signed by the presiding justice and be a part of the record in such case. (R. S., chap. 172, sec. 7.)

SEC. 26. The question arising upon such exceptions or upon a special verdict, and any issue of law, motion for a new trial, or statement of facts agreed upon and signed by the parties in any case, may be reserved and assigned by the presiding justice, if he think fit, to the determination of the superior court, and such justice shall direct such documents and papers as he thinks necessary, to be transmitted to said court. (R. S., chap. 172, sec. 8.)

SEC. 27. The decision of said superior court in any of the eases aforesaid, shall be certified by the clerk thereof to the clerk of the court of common pleas in which the action is pending, and such judgment shall be entered or disposition of the action made as is directed therein. (R. S., chap. 172, sec. 9.)

SEC. 28. No judge shall sit on the trial of any cause upon appeal which he has before tried in the court below, nor in any cause in which he has been concerned as a party or attorney. (R. S., chap. 172, sec. 10.)

COMMISSIONERS MAY BE APPOINTED IN CIVIL ACTIONS.

SEC. 29. The court of common pleas, on motion of either party, may, if they think proper, refer any civil action pending therein, to one or more commissioners to be appointed by said court, who shall, before entering upon their duties, be sworn to the faithful discharge of the same; provided, however, that no action which was commenced before the passage of this act shall be so referred, unless by the consent of the parties. (Laws of 1852, chap. 1210, sec. 1.)

SEC. 30. When any action is so referred, each party shall prepare and file, under the direction of the court, a statement, expressed with legal certainty, of the facts which constitute his case, and the court or such commissioner or commissioners may, at their discretion, permit either of the parties to add to, alter or amend such written statement upon such terms as shall be reasonable and just, at any time during the pendency of such suit.

SEC. 31. It shall be the duty of such commissioner or commissioners to try the questions of fact so raised, and report to the court such facts as they judge to be proved; and shall also, upon request in writing of either party, report to the court the evidence given before them, that either party may, if he desire, use the same in the same way as depositions are used, on the trial of the action by the jury.

SEC. 32. Such commissioner or commissioners shall have

power, upon the request of either party, to examine the other party as a witness in chief. And it is further provided that, upon the request of either party, the other party may be examined as a witness in chief at any trial by jury.

SEC. 33. On such report, the court shall render such judgment as is warranted by the facts reported, unless either of the parties shall, at the term at which the report is made, elect to try the case before a jury.

SEC. 34. Such party shall furnish a statement in writing, of the particulars in which he expects to change the result of the report, and at the trial the report shall be prima facie evidence of the facts.

SEC. 35. The verdict shall be specifically on the facts put in issue by the statement above mentioned, and the court shall render such judgment thereon as is warranted by the facts found.

SEC. 36. The judgment so rendered, either with or without a trial by jury, shall be as conclusive between the parties as a verdict on a matter directly in issue and a judgment thereon are now by law.

SEC.. 37. If either party, on due notice, shall neglect to appear before the commissioner or commissioners, they shall proceed ex parte. (Laws of 1852, chap. 1280, sec. 9.)

SESSIONS OF COURT OF COMMON PLEAS.

SEC. 38. The court of common pleas shall be holden annually at the times and places following:

At Portsmouth, on the third Tuesday of September, and at Exeter, on the second Tuesday of February, for the county of Rockingham: (Laws of 1847, chap. 506.)

At Dover, on the third Tuesday of January and on the third Tuesday of August, for the county of Strafford: (Laws of 1848, chap. 712.)

At Gilford, on the fourth Tuesday of February and on the first Tuesday of September, for the county of Belknap: (Laws of 1847, chap. 506.)

At Ossipee, on the fourth Tuesday of April and on the third Tuesday of October, for the county of Carroll: (Laws of 1852, chap. 1223.)

At Concord, on the fourth Tuesday of March and on the second Tuesday of October, for the county of Merrimack: (Laws of 1844, chap. 130.)

At Amherst, on the third Tuesday of April, and at Manchester, on the fourth Tuesday of October, for the county of Hillsborough; provided, however, that so much of this section as provides that a term of the court of common pleas shall be holden at Manchester, shall not take effect till said town of Manchester shall provide suitable rooms for the accommodation of said court, free of expense to the county, and the selectmen duly notify the clerk of the

said court of the same; but the said court shall be holden at Amherst on the fourth Tuesday of October, until such rooms are provided. (Laws of 1844, chap. 130.)

At Keene, on the third Tuesday of March and the second Tuesday of September, for the county of Cheshire: (Laws of 1844, chap. 130.)

At Newport, on the first Tuesday of February and on the third Tuesday of August, for the county of Sullivan: (Laws of 1847, chap. 506.)

At Haverhill, on the second Tuesday of April and on the first Tuesday of October, for the western judicial district of the county of Grafton (Laws of 1847, chap. 506.)

At Plymouth, on the second Tuesday of May and the second Tuesday of November, for the eastern judicial district for the county of Grafton: (Laws of 1844, chap. 130, and laws of 1852, chap. 1224.)

At Lancaster, on the first Tuesday of May and on the first Tuesday of November, for the county of Coös. (Laws of 1844, chap. 130.)

SECTION 1. The superior court of judicature and court of common pleas may adjourn their sittings from time to time, as they may think proper.

SEC. 2. If the number of justices required to hold any term of the court shall not attend, any of the justices present may open and adjourn the court from day to day or to any future day or to the next term of the court.

SEC. 3. If none of the justices of the court shall attend at any term, the sheriff may adjourn the court from day to day until one of the justices shall attend.

SEC. 4. When the time or place of holding any court shall be changed by law, all writs, actions, processes, venires and every matter and thing whatever which may be returnable at or contin

ued to such term, shall be returned to, entered, have day and be heard at the times and places fixed by law as aforesaid.

SEC. 5. Whenever any cause shall exist which in the judgment of any court in this State shall render it dangerous, inconvenient or inexpedient to hold any term of said court at the place where by law such term should be holden, the judge or justices of said court may adjourn the same to some other town or place within the same county, and there complete the business of such term in the same manner as if the same had not been adjourned: provided, however, that no adjournment shall extend beyond one term of said court. (Laws of 1850, chap. 969, sec. 1.)

SEC. 6. Suitable notice of such adjournment shall be given in such manner as the court may order. (Laws of 1850, chap. 969, sec. 2.)

SECTION 1. There shall be a clerk of the superior court and a clerk of the court of common pleas in each county, each of whom shall, before he enters upon the duties of his office, give bond to the county in the penal sum of five thousand dollars, with two or more sufficient sureties, to be approved by one of the justices of the court of which he is clerk, conditioned for the faithful discharge of the duties of his office, the payment of all moneys by him received as clerk, to the State, county or individuals as the law directs, and for the safe keeping and delivery of all records, files and papers belonging to his said office, immediately upon his leaving the same.

SEC. 2. No clerk of any court shall be at the same time register of deeds or county treasurer.

SEC. 3. Every such clerk shall immediately after each term of the court, account with and pay over to the county treasurer all money by him received for the use of the county, and the presiding judge shall certify the account of the clerk at the close of the term.