the performance of the contract on his part, or a readiness to perform.'

Appellate jurisdiction. By Stat. 1782. ch. 9. s. 1. the Supreme Judicial Court has general jurisdiction in all actions real, personal, and mixed, legally brought before them, by appeal, review, writ of error, or otherwise.

In all actions at law, real or personal, an appeal lies from the Court of Common Pleas to the Supreme Judicial Court where any issue has been joined, and in which the debt or damage demanded exceeds the sum of one hundred dollars.2

In equity, an appeal lies to the Supreme Judicial Court from the Court of Common Pleas, in the cases in which chancery powers have been given to the latter court.3

In criminal cases, in the county of Suffolk, an appeal lies from the Municipal Court to the Supreme Judicial Court, in all cases in which the former court has original jurisdiction, that is, in all cases except capital ones.* In all the other counties, an appeal lies to the Supreme Judicial Court from the Court of Common Pleas, in all cases which this latter court has power to try- - that is all but capital ones, — where the offence is punishable by confinement to hard labor for a term exceeding five years.

5

By Stat. 1782. ch. 9. s. 2. a general superintending

1 Stat. 1783. ch. 32. s. 4.

2 Stat. 1820. ch. 79. s. 4.

3 Stat. 1785. ch. 22. Stat. 1798. ch. 77. The equity powers, in cases of actions for forfeitures and bills to redeem mortgages, given by these statutes to the Court of Common Pleas, concurrently with the Supreme Judicial Court, and subject to an appeal to the Supreme Judicial Court, are the only equity powers it possesses.

4

* Stat. 1799. ch. 81. s. 7. and see Stat. 1782. ch. 14. s. 3.

Stat. 1832. ch. 130. s. 3.

power is given to the Supreme Judicial Court over all the inferior courts of the Commonwealth, by certiorari, mandamus, quo warranto, &c: and this court is vested generally with the powers which appertain to the court of King's Bench in England.

Chancery jurisdiction. By Stat. 1785. ch. 22. chancery powers are given to the Supreme Judicial Court, concurrently with the Court of Common Pleas, in all causes instituted for the recovery of the forfeiture annexed to any "articles of agreement, covenant, contract, or charter-party, bond, obligation, or other specialty, or for forfeiture of real estate upon condition, by deed of mortgage, or bargain and sale with defeasance," to enter judgment for such sum, as in equity and good conscience is due. Chancery power is in like manner given it, in relation to bills filed by mortgagors to redeem estates out of the hands of mortgagees, before the expiration of the equity of redemption.'

The foregoing chancery power is the only one possessed by the Supreme Judicial Court, concurrently with the Court of Common Pleas, or with any other court. All its other equity powers are exclusive.

By Stat. 1817. ch. 87. power to hear and determine in equity, all cases of trust arising under deeds, wills, or in the settlement of estates, and all cases of contract in writing, where a party claims the specific performance of the same, where there is not a plain, adequate and complete remedy at law, is given to this court.

By Stat. 1818. ch. 122. s. 2. a more general chancery power is given to this court in relation to averaging

1 Stat. 1798. ch. 77. And vid. stat. 1804. ch. 103. Stat. 1815. ch. 137. Stat. 1818. ch. 98. Stat. 1821. ch. 85. Stat. 1833. ch. 201.

losses in maritime cases, among the individuals liable thereto, with power to entertain bills of discovery.

By Stat. 1823. ch. 140. s. 1. power is given to the Supreme Judicial Court, on application by bill, petition or complaint, where property is secreted or withheld, to order the same to be delivered up, or compel such discoveries and disclosures, and make such orders, injunctions and decrees, as equity shall require.

By sect. 2. of the same statute, power is given to this court to hear and determine in equity, all disputes between copartners, joint-tenants, and tenants in common, and their legal representatives: And by sect. 3. in both the above cases, to issue all writs and processes necessary to the full effect of the powers granted.

By Stat. 1826. ch. 109. motions, interlocutory orders and decrees in equity, as to the time and mode of making them, and notices to parties thereof-the recording official determinations in equity—the appointment of Masters in Chancery, and the subject of costs in equity, are regulated. And by Stat. 1827. ch. 26. power is given to any justice of the Supreme Judicial Court, to issue either in term time or vacation, all writs and processes, necessary to carry into effect any decree, order or injunction, that may have been previously made or passed.

By Stat. 1827. ch. 88. power is given to this court to hear and determine in equity any matter touching waste or nuisance.

By Stat. 1828. ch. 60. power is given this court to authorize any receiver that may have been appointed in any case, to compound or give time for the payment of any demand in his hands.

By Stat. 1829. ch. 121. any one or more of the justices of the Supreme Judicial Court in term time, or

vacation, on complaint of any attaching creditor, may issue an injunction against any debtor, whose real estate has been attached, and who undertakes to cut and carry away the wood, or remove any fixtures therefrom, and stay such cutting and removal.

By Stat. 1830. ch. 90. the Supreme Judicial Court is authorized to hear and determine in equity, all matters relating to the donation of Benjamin Count Rumford, to the American Academy of Arts and Sciences.

By Stat. 1832. ch. 162. this court may hear and determine in equity all disputes and controversies between co-executors and co-administrators, and between their legal representatives, where there is no plain and adequate remedy at law.

SECT. II. COURT OF COMMON PLEAS.

The present Court of Common Pleas was created by Stat. 1820. ch. 79. and consists of one Chief Justice, and three associate Justices. Its jurisdiction extends throughout the Commonwealth, and the court may be holden for all purposes by one judge.

In civil actions.-The Court of Common Pleas has original and exclusive jurisdiction of all civil actions arising within the several counties, except the few cases of which, as we have seen, original jurisdiction is given to the Supreme Judicial Court, and excepting also the actions, where the damage claimed does not exceed the sum of twenty dollars, of which justices of the peace have original jurisdiction.1

'Stat. 1807. ch. 123.

It has appellate jurisdiction of all civil cases, tried before a justice of the peace or before any Justices Court.1

The jurisdiction of this court is final in all civil actions, where the ad damnum in the writ, does not exceed the sum of one hundred dollars.2 Where it does exceed that amount, an appeal lies to the Supreme Judicial Court; and in all cases, exceptions lie from any judgment in the Court of Common Pleas to the Supreme Judicial Court.^

In criminal cases. - The criminal jurisdiction of the Court of Common Pleas, is derived from Stat. 1832. ch. 130.

By this statute, in all the counties in the Commonwealth, except that of Suffolk-the Court of Common Pleas has exclusive original jurisdiction of all crimes and misdemeanors, except those crimes which are punishable with death, and even these must be originally prosecuted in this court, though removed into the Supreme Judicial Court for trial.

It has appellate jurisdiction of all criminal cases tried before a justice of the peace,5 except in the county of Suffolk. 6

1 Stat. 1783. ch. 42. s. 3. Stat. 1821. ch. 109. s. 6.

2 Stat. 1820. ch. 79. s. 4.

Stat. 1783. ch. 51. s. 3.

3 Ib.

4 Ib. s. 5.

Stat. 1800. ch. 44. s. 3.

Note. In the county of Suffolk, the original criminal jurisdiction, which by Stat. 1832, is given to the Court of Common Pleas, in all the counties except Suffolk, is exercised by the Municipal Court of the city of Boston, concurrently with the Supreme Judicial Court, by virtue of Stat. 1812. ch. 133. with this difference, that in this county capital cases must be originally prosecuted in the Supreme Judicial Court.

The appellate criminal jurisdiction of cases, tried before a justice of the peace, which in all the counties except Suffolk, is vested in the Court of Common Pleas, in that county belongs to the Municipal Court, by Stat. 1800. ch. 44. s. 3.