The Newhampshire gazetteer — Exeter, N.H., 1792-05-09 00:00:00, page 1

entered.
2. And be it further tnaßed, That
when an a&ion of trespass Shall be
brought before any justice of the peace
and the defendant Shall plead the gen.
feral issue, he Shall not be allowed io
-offer any evidence that may bring the
title of real estate in question.
EXETE R, (New-Hampfoire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
Newhampfhire
And when in any such adion the de
fendant Shall plead a special plea,
-whereby the title of real estate. Shall
be drawn in question, the justice Shall
[The Editor hereof has just received a
€°„ of the Laius of this State, which,
b, particular desire of some of his Cuflo
mers, he Jhall publife (more or Ijs of
them) in the Gazetteer weekly.]
To eflablifo a seal, to be used as
the great Jeal of this State.
Faffed Feb. 12, 1785.
Whereas the committee appointed b, the
general court to prepare a device and
inscription for a fateful, did on the
frft day of November last, la, before
said court a device, with the follow
ing inscription, viz. A field encom
puffed with laurels round the field in
capital letters SIGILLUM REI
PUBLIC^, NEO HATONIEN.
SIS, on the field a riJing fun and a
ship on the flocks, with American ban
ners displayed, being two inches di
ameter, which was then voted to be
received and accepted, and accordingly
bath fence that time been used as the
great Jeal of the fate : but as doubts
have fence arifen,whether the vote for,
tfablijhing said seal was fufficientl,
explicit ;for removingfuch aoubts.
Therefore,
BE it enabled h, the Senate and House
of Representatives in General Court
convened, That the said seal with the
above recited infeription be fully es
tablished and used in all cases, as the
great seal of this State,and considered
as having been such from the firft day
of November last.
State o/Newhampshire.
For eflablifting courts of law,
for the adminiflration of
justice within this state, and
difig dating their power,and
regulating their proceedings
in certain cases.
Faffed Feb. 9, 1791.
BE it enabled by the Senate and House
of Representatives inGeneral Court
convened, That every justice of the
peace within this county, be, and
hereby is authorized & empowered to
hear, try and determine all pleas and
actions (except such wherein the title
of real estate may be drawn in questi
on) where the sum demanded in da
mages doth not exceed forty /hillings,
notwithstanding the note, account or
other contrast might originally have
exceeded that sum, and to give judg
ment therein. And either party ag
grieved at the judgment^ given by a
~ny justice of the peace in any civil
cause, may appeal therefrom to the
next court of common pleas to be
holden in the fame county, provided
the - appeal be claimed within two
hours after judgment i$ rendered and
WEDNESDAY, May 9, 1792.]
LAWS OF THE
An ACT
An ACT
record such plea, and no further pro
ceedings shall be had thereon before
the justice, and the plaintiff may car
ry an attested copy of the writ, decla
ration, plea and all other papers filed
in the fame caufe,to the next court of
common pleas to be holden in the fame
county ; and is hereby'authorized and
empowered to enter in said court his
said action, and prosecute the fame io
final judgment, as in cases originally
commenced at said court of common
pleas : and the justices of said court
are hereby empowered to take cogni
zance of said adion, and the defendant
shall be holden by his said plea, and
the proceedings subsequent thereto,
shall be the fame as though the adion
had been commenced and prosecuted
so far at said court.
And in case the plaintiff shall not
enter said action at said court, upon
complaint made by the defendant, the
justices of said court shall allow him
his full costs, both before the justice
and at said court.
Provided that in case the plaintiff
shall immediately on the defendant's
plea being filed before the justice, as
aforefaid, pray leave to become non
fuit, that liberty shall be granted him
by the said justice, and cods shall be
taxed for the defendant.
3. And be it further ena^ed. That
every justice of the peace, for the pre
servation of the peace, or upon the
view of any breach of the peace, or of
any other transgression of law, proper
to his cognizance, done or committed
by any person or persons .whatsoever,
shall, and hereby is authorized and
empowered in the absence of a fheriff,
deputy fheriff or constable, to re
quire any person or persons to appre
hend and bring before him, any such
offender or offenders, and every per
son or persons, who upon being thereto
required, shall negleft to obey such
justice, shall incur and foffer the like
pains and penalties as in the case of
negleaing or refufing to assist fheriffs
in the execution of their offices.
4. And be it further enaaed, That
any person sentenced for any criminal
offence, by one or more justices of the
peace, out of feffions,(anlefs in cases
where bya particular statute it is other
wise ordered and enaded) may appeal
therefrom unto the next court of gen
eral sessions of the peace, to be holden
in the fame county ; provided the ap
peal be claimed at the time of declar
ing sentence, and the appellant enter
into recognizance, with fufficient sure
ties, in a reasonable sum, not Exceed
ing 10/,for his appearance at the court
appealed to, and to ptofecute his ap
peal there with effete, and to perform
and abide the order or sentence of the
said court thereon, which is to be fi
nal ; and in the mean time to-be of
good behaviour.
5. And be it further enaßed, That
every justice of the peace shall have
power to adjourn the trial of any civil
a&ion brought before him, to such fu
ture time as may be proper, not ex.
ceeding three months.
* 6. And be it further enaßed, That
no justice of the peace shall be of coun
sel, or aft as an attorney to either par
ty ; nor (hall any justice of the peace
undertake to advise, or assist any par
ty in any suit or cause before him.
7. And be it further enafted, That
when any person is brought before a
ny joftice of the peace, to be examin
ed or tried for any criminal offence by
T H E
him cognizable, and justice may re
quire that the said examination or tri
al should be postponed to some future
day, the said justice may proceed to
take security byway of recognizance,
of the parties and witnesses, for their
appearance before him on some future
day, in the fame manner as the courts
of general sessions of the peace, and
rcperior court ofjudicature refpeftive
ly by law may, and can do.
8. And be it farther enabled, That
every justice of the peace shall, with
in fix months after the receipt of any
fine or forfeiture, set cr imposed by
such justice, pay the fame to the per
son or persons to whom the fame bv
law accrues, or is payable, on pain of
forfeiting the sum of io/, for ever,
neglef lherein, to be recovered by a
ny person who will sue for the fame,
by adion in any court of common
pleas ; and shall moreover be liable to
an adion, by the party to whose use
the said fine or forfeiture accrued, for
the amount of such fine or forfeiture
and costs.
g. And be it further enabled, That
there shall be one court of general
sessions of the peace within and for
each refpedive county in this ftae, to
be holden by the justices of the peace
for such county, or any three of them,
of whom one at least shall be of the
quorum, at said court to be holden at
such times and places as are by law
eftablifhed,which said court shall have
cognizance of all matters and things
proper to the jurifdiaion of said court,
relating to the conservation of the
peace and punishment of offenders, ac
cordingto the law and statutes in force
within this state.
And every cefpondent against whom
judgment shall be given, by the jus
tices of the court of general sessions of
the peace, fhali have liberty to appeal
therefrom, unto the next superior
court of judicature to be holden in the
fame county, the matter being origi
nally heard and tried in said court of
general sessions of the peace(except in
cases where by particular laws an ap
peal is expressly disallowed)' —pad no
appeal fhali be granted, unless it be
claimed at the time of declaring fcn,^
tence, and the appellant enter into i&^
cognizance with sureties, within the
space of two hours next after, in a re
fonable sum for his personal appear
ance at the court appealed to, for the
prosecution of his appeal there with
efted, and to perform and abide 'the
order or sentence of said superior
court thereon, and to be of good beha
viour in the mean time ; and the par
ty appealing is to remain in the hands
or custody of an officer, until he fhali
ha&e given such security.
10. And !>e it further enabled, That
the justices of the peace in the respec
tive counties in this state, at any
court of general sessions of the peace,
be and hereby are authorized and
empowered to make orders for raising
any sum, or sums of money that may
be necessary, from time to time, for
building or repairing court-houses
prisons, houses of corre&ion or other
public county buildings, payment of
grand jurors, travel of petit jurors,
travel and attendance of thejufticet
of the sessions, and all other county
charges within each county ; and to
examine and allow any accounts, or
demands that may be laid before
them, for the ends aforcfaid, and to
remit any fines or forfeitures accruing
Gazetteer.
[Numb. 45 of Volume 6'
to the county; and the county treasur
er shall issue his warrant for assessing,
levying and collecting such sums, as
shall be voted to be railed as aforefaid,
which sums shall be apportioned to
the several towns and places in such
county, agreeably to the proportion
eftabl shed for railing fta.e taxes for
the time being, and such taxes shall
be levied and collected in the. fame
manner as the state raxes, and as the
law shall or may dired.
11. And be it further enabled, That
there shall be a court of common pleas
within each county in this state, to be
holden at such times and places as are
by law appointed by four justices ap
pointed and commissioned there o, by
the president and council for the time
being ; any three of which justices
shall be a quorum : And the said
court shall have cognizance of all suits
therein the title of real estate is con
cerned, and of all civil actions of the
value of more than forty (hillings, ari
sing or happening within their refpcc
tive counties, triable by common or
statute laws, and shall give judgment
thereon and issue execution accord
ingly..
And either party aggrieved ar the
judgment given in a.nv court of com
mon pleas, in any matter or cause o
riginally tried there, shall have liber
ty to appeal therefrom to the next fg.
perior court of judicature, to be hold
en in the fame co nty.- —Provided
the said appeal be claimed whilflihe
said court is fitting. "
12. And be it further enabled, TWO
no appeal shall in any <afe be gran
ted, where judgment is rendered upon
default.-
13. And be it further enaaed, That
there fhali be a superior court of judi
cature within this state, to be holden
at such times and places a< are,or may
be by law established, by a chief jus
tice and three other justices appointed
and commissioned thereto by the Pre
sident and council for the time being,
any three of which justices fhali be a
quorm ; and the said court fhali have
jurisdiction and authority throughout
this state, and fha!l have all the pow.
ers and authorities which the superior
'feourt of judicature within this state,
have heretofore held and enjoyed, or
by law ought to hold and erjoy. And
the justices of the said court are here
by empowered to give judgment or
sentence, and to award execution
thereon.
14. And be it further enaded, That
the luperiour court of judicature, the
court of common pleas, and court of
general sessions of the peace, shall
have power and authority refpeaively
to adjourn their refpe&ive courts from
time to time, as they may thir k pro
per. And one or more of said justices
being present at the place where, and
the time when the court to which such
justice or justices belong, is by law to
be holden,may acjourn the fame court
from day to day, until a quotum be
convened ; and when it shall so hap
pen that by death, sickness or other
wise, a quorum of the refpedive
courts cannot attend at the time and
place, by law appointed for holding
such codrt, any two justices of such
court may by writ direct the fheriff to
repair to the place where such court is
by law to be holden on the day appoin
ted for,holding the fame, and adjourn
the fame court to some day antecedent
to the next term,and if at such ad-