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Description and Holding Information
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House. Special Comm. on Justices of the Peace Jurisdiction. Report, 1840
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House No. 65 A Special Committee was directed to consider changing the original jurisdictions of Justices of the Peace to include all civil actions
for less than $100. Should the law be changed so constables could serve writs in cases less than $100? The Committee declined to proceed. A
minority of the Committee sent a report. The public would be well served by conferring those powers and duties on Justices and Constables. The minority
gave a brief history of Justices of the Peace in Massachusetts and discussed their case load. The Court of Common Pleas was overwhelmed and rarely
cleared its docket in one year, so it would be a big help to remove low value cases to the lower court. Re constables: these men were local, so it was
easier and faster for them to serve writs. An Act to extend the jurisdiction of the Justices of the Peace, 1840. Original and exclusive jurisdiction
was given to the Justice of the Peace in his county of all civil actions wherein the debt or damages did not exceed $100, with the same power given to
police courts. An Act relating to the power of constables to serve writs or other process in civil actions, 1840. Any constable could serve in his
town any writ which claimed no more than $100. (Digitized from a microfilm copy of title originally held by the Massachusetts State Library).
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Title:
The special committee to whom was submitted an order of March 5th, to consider the expediency of extending the jurisdiction of justices of the peace, so that they shall have original and exclusive jurisdiction of all civil actions wherein the debt or damage do not exceed $100, giving either party the privilege of a jury trial before said justices, and also consider the expediency of so altering the law in relation to the powers and duties of constables, that they may serve within their towns any writ in which the damages claimed shall not exceed $100, have attentively considered the same, and report ...
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OCLC Number:
1419640934
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Available Volumes
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| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
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