10. The Superior Court is composed of one chief justice and nine aseociate justices. It is to be held .at the times and places prescrihed, being at least .two terms annually in each county. The court has exclusive osiginal jurisdiction of complaints for flowing land, and original jurisdiction of all civil actions except thoee of which the supreme judi ci*court, police courts, or justices of the peace hall, original and exclusive juriediction ; jurisdic tion of all civil actione and proceedings legally brought before it, by appeal' or otherwise, from justices of the peace, police courts, or courts of in solvency, and from the decisions of commiesiooers on insolvent estates of deceased persons; original jurisdiction of all crimes, offences, and misde meanors, and appellate jurisdiction of all offences tried and determined before a'police court or justice of the peace ; and in criminal cases legally brought, before it its jurisdiction shall be final, except as otherwise provided. It has concurrent jurisdiction with the supreme court, ae stated above.
All j4icial officers are appointed by the gov ernor, with the advice of the council, Every nomi nation for a judicial appointment must be made hy the governor to the council at least seven days before the council can approve it. C. 2, 0 1, a. 9. The judges hold office during good behavior, hut may be removed by the governor, with the consent of the council, upon the address of both branches of the legislature. C. 3, it. 1. The governor and council, and either branch of the legislature, may require the opinion of the justices of the supreme judicial court upon impnrtaot questions of law, and upon solemn occasions. C. 3, a. 2.
11. Judgee of Probate and Ineolvency are ap,, pointed to hold office according to the tenor of their couimissions, so that there may be one judge for each county. They may interchange services or perform each other's duties when necessary or con venient. The courts of these judges are courts of record, and have original jurisdiction of ell pro ceedings under the Insolvent Act, and of the pro bate of wills, granting administration of the estates of persons who at the time of their decease were, inhabitants of or resident in the county, and of persons who die without the state, leaving estate to be administered within such county; of the ap pointment of guardians to minors and others, and of all matters relsting to the estates of such de cease 1 persons and wards; and of petitions for the adoption of children and the change of names.
The courts are to be held at such times and places as the :statutes prescribe. They are held at other places ae well as at the shire towne; and sessions occur very frequently. At the time of the adop tion of the constitution, original jurisdiction in probate matters was exercised by deputies or surro gates appointed by the governor in the several counties, from whona there was an appeal to the goverour with the council. 21 Bost. Law Rep. 78. Under a, constitutional provision, in 1784, sn act, was passed establishing courts of probate in the several counties, and making the supretne judicial court the supreme court of probate. Sh. 1783, c. 46; 21 Bost. Law Rep. SO.
12. Juaticee of the Pence are appointed by the governor. The commissions ofjustiees of the peace shall continue only eeven years, that the people may not suffer from the long oontinuance in place of any justice who shall fail of discharging the important duties of his office with ability or fidelity: but my such commission may be renewed. C. 3. They have conclusive original jurisdiction of replevin for impounded beasts, and original and concurrent jurisdictinn with the superior court of all actions of contract, tort, or replevin, where the debt or damages demanded, or value of the property alleged to be detained, is more than twenty and does not exceed one hundred dollars. A certain number in each county are designated as trial jus tices, who have jurisdiction over petty criminal offences.
A Police Court, consisting of one justice and two associate justices, is established in masay of ..,11 cities and large towns, bat may not be hereafter in any town of lass than ten thousand inhabitants. They have the same jurisdiction in civil, and job stantially the same, with some additions, in oriscSal, matters, ns justices cif the peace, and their jurisdic tion, when both plaintiff and defendant reside in the district, is exclusive of that of other police courts and justices. A speedy settlement of suits is obtained in these courts.