117 Mass. 280. jurisdiction. apply to municipal courts, their justices and clerks, and the parties 103 Mass. 450. to proceedings therein, except as hereinafter otherwise provided. SECT. 44. The municipal courts within the city of Boston shall Concurrent have concurrent jurisdiction over all waters, islands, and places not included in the district of any one of said courts or of the police court of Chelsea, and within the jurisdiction of the superior court for the county of Suffolk, except as provided in the following section. criminal cases SECT. 45. The municipal courts of the city of Boston, of the East Certain munici pal courts to Boston district, of the Charlestown district, and of the South Boston have concurrent district, shall have and exercise concurrently with each other the jurisdiction in same criminal jurisdiction that said courts have within their respec- over certain tive districts over all islands and waters within the criminal jurisdiction of the superior court for the county of Suffolk; but the word "islands" herein shall not be taken to include East Boston. islands, etc. jurisdiction of SECT. 46. Each of the municipal courts within the city of Boston Exclusive shall have exclusive original jurisdiction of all actions under chapter forcible entry one hundred and seventy-five when the premises in controversy are and detainer. situated within its district. cesses may run SECT. 47. The writs and other processes of each of said courts Writs and proLaay run into any county for the purpose of attaching property, of into any county. service on a defendant or trustee, of summoning witnesses, of levying execution, and for all other purposes incident to its jurisdiction, and may be served and executed by the sheriff of any county or his deputies, or by any constable qualified to serve civil process. If a defendant, except in trustee process, is summoned out of the county in which he resides, or has his usual place of business, the writ shall be served on such party at least fourteen days before the return day. actions to be trict where one business, SECT. 48. Except as provided in section fifty-nine, transitory Transitory actions brought in said courts shall be brought in the district where brought in dissome one of the parties lives or has his usual place of business; party lives or except, that if suit is begun by trustee process, and all the persons has place of named in the writ as trustees dwell or have usual places of business except, etc. in one district, the writ shall be returnable in such district, otherwise it may be returnable in any district in which either of them dwells or has his usual place of business, without regard to the domicile of the other parties. have jurisdiction lives in Suffolk. criminal juris degree of felony, SECT. 49. The two preceding sections shall not be construed to Courts not to give said courts jurisdiction of transitory actions, unless some one of unless one of the defendants, or, in trustee process, some one of the trustees, lives the defendants or has his usual place of business in the county of Suffolk. SECT. 50. The original criminal jurisdiction of each of said courts To have original within its district, in addition to the jurisdiction otherwise conferred, diction of all shall include all crimes under the degree of felony, except conspira- crimes under cies and libels and cases where a prosecution by indictment or information is required by law, and shall be exclusive of the jurisdiction of any other municipal or police court or trial justice. Each of said courts may impose the same penalties that may be imposed by the superior court in like cases. But an offence committed on the Offences on boundary line. boundary line of two of such districts, or within fifty rods of such 121 Mass. 375. line, may be alleged to have been committed, and may be prosecuted and punished, in either district. except, etc. sentence to SECT. 51. In all cases in which said municipal courts are author- Courts may ized to sentence to imprisonment in the house of correction or county house of indus jail, or to commit thereto for non-payment of fine or costs, said try. courts may instead, at their discretion, sentence to imprisonment in the house of industry of the city of Boston, or commit thereto. SECT. 52. In said municipal courts, instead of entering into a recognizance, the party appealing in civil proceedings shall file a bond filed. In appeals. bond to be Account to be rendered to of Boston. with surety or sureties to the adverse party, within the same time, upon the same conditions and with the same powers in the judge and clerk as are provided in respect to recognizances in police and district courts. The attorney of record of the appellant may execute such bond in his behalf. SECT. 53. The clerks of the municipal courts within the city of collector of city Boston, and the justices of said courts where there are no clerks, and the justice of the police court of Chelsea, shall account and pay to the collector of the city of Boston in the same manner as the clerks and justices of other courts are required to account and pay to their respective county treasurers. Constables. SECT. 54. There shall be one constable in each of the municipal courts of the East Boston, Dorchester, West Roxbury, and Brighton districts, and two constables in each of the municipal courts of the South Boston, Charlestown, and Roxbury districts, to be appointed by the standing justices of said courts. One chief-justice and two associates. Any justice may Special justice may be ap pointed; compensation, etc. Clerks and as sistant clerks. Extra clerical assistance. Compensation. Civil jurisdiction. THE MUNICIPAL COURT OF THE CITY OF BOSTON. SECT. 55. The justices of the municipal court of the city of Boston shall continue to hold their offices according to the tenor of their commissions, and as vacancies occur others shall be appointed in the manner provided by the constitution, so that there shall be one chief-justice and two associate justices. SECT. 56. When the court is not in session, any justice thereof may receive complaints and issue warrants; and the justices of said court shall meet quarterly, and as much oftener as may be necessary, to allow bills of costs, accounts, charges, and expenses arising in said court, and shall certify to the public officer by whom the same are payable such as are allowed by them. SECT. 57. There shall be one special justice of said court, who may, at the request of the justice whose duty it may be in rotation to hold a term of said court, or, in case of the sickness or absence of a justice, or a vacancy, shall, at the request of the other justices of said court, or either of them, hold any term or terms thereof, and during the continuance of such request, or during the time of such sickness, absence, or vacancy, shall have and exercise all powers and duties of the justices of said court. His compensation shall not exceed ten dollars for each day's service; and his compensation for any excess over thirty days' service in any one year shall be deducted by the city treasurer from the salary of the justice for whom said special justice has been called upon to sit. or whom he has been called upon to assist. SECT. 58. There shall be a clerk and four assistant clerks of said court for criminal business, and a clerk and one assistant clerk of said court for civil business. The clerks shall be appointed by the governor by and with the consent of the council for the term of five years. The assistant clerks shall be appointed by the clerks respectively, subject to the approval of the justices or a majority of them, and the clerks shall be responsible for the doings of their assistants and may remove them at pleasure. The clerk of the court for criminal business shall be paid by the county a sum not exceeding sixteen hundred dollars a year, and the clerk of the court for civil business shall in like manner be paid a sum not exceeding eleven hundred dollars a year, to be expended by them respectively for extra clerical assistance. SECT. 59. Said court shall have original concurrent jurisdiction with the superior court of all civil actions and proceedings (except when the title to real estate is put in issue) wherein the sum de manded or the value of the property alleged to be detained exceeds one hundred and does not exceed one thousand dollars, and one or more of the defendants, or, in trustee process, one or more of the trustees, live or have their usual place of business in the city of Bos ton. tion when de out of the State. SECT. 60. The civil jurisdiction of said court, when the plaintiff Civil jurisdic resides or has his usual place of business within the county of Suf- fendant lives folk, or resides out of the commonwealth, shall include personal actions wherein the defendant is not an inhabitant of the state, if personal service of the writ, or an effectual attachment of property, is made within the county of Suffolk. be transmitted SECT. 61. When an appeal is taken to the superior court in a What papers to criminal proceeding, the clerk shall transmit a copy of the judgment, in appeals in the original recognizances, a list of the witnesses, and a copy of the criminal cases. bill of costs, for which no charge shall be made; and no other papers shall be required to be transmitted. of, when to be SECT. 62. The court shall be held for criminal business daily, ex- Court, terms cept on Sundays and legal holidays, at nine o'clock in the forenoon, held. and, if it appears expedient to any of the justices, at three o'clock in the afternoon, or some hour thereafter; and it shall be held weekly for civil business. Each term shall commence on Saturday, and actions therein may be continued to any future day fixed for the sitting of the court; and different justices may hold different sessions at the same time for the trial of civil or criminal cases. SECT. 63. The justices shall designate six constables of the city of Boston to attend the sessions of said court for criminal business, and two constables of said city to attend its sessions for civil business, and to serve such warrants, precepts, orders, and processes issuing from said court as shall be committed to them by said justices or either of them. [Sects. 64, 65, 66, and 67, relate to compensation of justices, clerks, and constables.] Constables. ways, etc., where to be brought. SECTION 7. Actions against a city, town, or person, to recover Actions for defective highfor injury or damages received through a defect or want of repair or of sufficient railing in or upon a highway, townway, causeway, or bridge, shall be brought in the county wherein the said city or town is situated or said person resides; except that such actions against the city of Boston may be brought in the county of Middlesex, or in the county of Norfolk, or in the county in which the party bringing such action resides. against city SECT. 9. Actions, suits, and prosecutions by and against the city Actions by and of Boston (except actions mentioned in section seven), and suits by of Boston. the collector of said city under sections twenty and twenty-one of chapter twelve, may be brought in either of the counties of Suffolk, Essex, Middlesex, or Norfolk, in the county where the plaintiff lives; and, if brought by the city or by its collector in the county of Suffolk, may be removed to one of the other of said counties, as provided in the following section. -if brought in county of Suf moved to another county. SECT. 10. The defendant or tenant may, at the term at which his folk, may be re- appearance is entered, file a motion in writing for the removal of the action, and the court shall thereupon order it to be removed to the proper court in such one of the other of said counties as the attorney of the city of Boston elects. Said attorney shall enter the same accordingly in the court so designated, at the then next term, and file therein certified copies of the writ or other process and of the order of removal; and the proceedings shall thereafter be conducted in like manner as if the suit had been originally commenced in that county. Probation officer in Boston. His duties. CHAPTER 212. SECTION 78. The mayor and aldermen of the city of Boston shall appoint annually in the month of May, and when a vacancy occurs, a probation officer for the county of Suffolk; and may remove him at any time. He shall receive such compensation, to be paid from the city treasury, as the city council may determine. He shall attend the sessions of the courts held within said county for criminal business, investigate the cases of persons accused or convicted of crimes and misdemeanors, and recommend to the courts the placing on probation of such persons as may reasonably be expected to reform without punishment. He shall have a place in the office of the superintendent of police, and be under his general control. When he deems it advisable for any person placed on probation to be sent out of the state at the expense of the city, the city council may make the necessary appropriation for the purpose, to be expended by him under the direction of the superintendent of police, and he shall render an account of such expenditures, with the items, quarterly to said superintendent. He shall also, as far as practicable, visit the offenders placed on probation by the court at his suggestion, and render such assistance and encouragement as will tend to prevent their again offending. Any person placed upon probation upon his recommendation may be re-arrested by him upon approval of the superintendent of police, without further warrant, and again brought before the court; and the court may thereupon proceed to sentence, or may make any other lawful disposition of the case. Convicts may be employed to lands, etc. CHAPTER 220. SECTION 4. The commissioners of the several counties, and the labor on public board of directors for public institutions in the city of Boston, may, with the assent of the master or keeper of a jail, employ any person confined therein, under sentence, to labor upon the public lands and buildings belonging to the county. House of correction to be provided. Board of direc tors for public SECT. 7. [A fit and convenient house or houses of correction shall be provided in Suffolk county by the aldermen of the city of Boston, at the charge of said city.] SECT. 11. The board of directors for public institutions in the institutions to city of Boston shall cause to be provided, at the expense of said city, suitable materials and implements sufficient to keep at work all the persons committed to the house of correction, and may from time to time establish needful rules, not inconsistent with the rules and regu provide materials, etc., and make rules. lations of the commissioners of prisons, for employing, reforming, governing, and punishing the persons so committed, for procuring and preserving such materials and implements, and for keeping and settling all accounts of the cost and expenses of procuring the same, and of all labor performed by each of the persons so committed. rules, inspect SECT. 12. They shall see that the rules established for the man- To enforce agement of the house of correction and the government of the per- accounts, etc. sons confined therein are strictly observed, examine all accounts of the master relating to the earnings of the prisoners and all expenses of the institution, and keep a fairly written register of their official proceedings. contracts for SECT. 13. They may make contracts for work to be done in May make the house with any person disposed to supply materials to be work to be done there wrought, and in such case may stipulate that the contractor in house, etc. shall furnish some person, to be approved by them, to oversee the labor of the convicts and instruct them in business or trades, conforming to all rules of the prison, and not interfering with the discipline thereof. to hire, etc. SECT. 14. They may make contracts for letting out to hire, during For letting ont the day time, any of the persons there confined, to employers who live so near to the house of correction that the directors or the master of the house can have the general inspection of the conduct of the persons so let out, and of the treatment they receive. SECT. 15. They may, with the assent of the master or keeper of Convicts may be a house of correction, employ any of the prisoners to labor upon the public lands, public lands and buildings belonging to the county. employed on etc. mation for of SECT. 18. The county commissioners of the several counties Houses of refor may, in their discretion, establish therein, at the expense of the fenders under county, houses of reformation, to which offenders under the age of sixteen years of sixteen years may be sentenced in all cases punishable with imprisonment, or for non-payment of fine, or fine and costs. age. as place for ha SECT. 19. Any city or town in such county may assign such house May be assigned of reformation as the institution provided for persons convicted of bitual truants. being habitual truants, or of the offences described in section twelve of chapter forty-eight, and in such case shall pay such sum for the support of those committed thereto as the county commissioners shall determine. governed. SECT. 20. The said commissioners shall make all suitable regula- How to be tions for the government and control of such houses of reformation, and the appointment of teachers and officers thereof, and shall have power at any time to discharge any person sentenced to such institu- Discharges. tion; and in the county of Suffolk the board of directors for public institutions shall have like authority to discharge persons from the house of employment and reformation for juvenile offenders established in the city of Boston. ers in Boston upon conditions, and remanded if SECT. 21. Said board of directors may remit the punishment of, Juvenile offend. and place upon probation, any person now or hereafter committed to may have punsaid house of employment and reformation, upon such conditions, with ishment remitted such restrictions, and under such limitations, as they deem proper. etc. SECT. 22. If any person, whose punishment is remitted and who is May be arrested placed upon probation as provided by the preceding section, in the conditions are opinion of said board of directors, violates any condition, restriction, violated. or limitation of such remission or probation, said board may at any time, without further warrant or authority, cause him to be arrested and remanded and confined for the unexpired term of his sentence. SECT. 23. In the county of Suffolk the board of Master of house directors for public institutions shall appoint a suitable person to be Suffolk. master of the house of correction, to hold his office during their pleasure. of correction in |