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of this knowledge? What young minister would not choose to have it made a separate department for his particular study and investigation?

JURIDICAL AND OTHER STATISTICS OF BELKNAP COUNTY. By William Butterfield, Esq.

At the time of the Revolution, the Judiciary system of the Province of New Hampshire was composed of the following tribunals of original jurisdiction :

First. Justices of the Peace within their County were authorized to hear and determine all actions of debt and trespass, where the title to real estate was not involved, to the amount of forty shillings, or six dollars and sixty six cents in our currency. By the Act of Feb. 21st, 1794, their jurisdiction was extended to $13,33, the Constitutional limit.

Second. The General Sessions of the Peace was composed of the Justices of the Peace in the County. It was held four times a year, and hence called the Quarterly Court. Its jurisdiction included all matters and things "relating to the conservation of the peace and punishment of offenders." Each session was to continue "two days and no longer."

Third. The Inferior Court of Common Pleas in each County was composed of four Justices, and had jurisdiction of all civil actions, above the jurisdiction of justices of the peace, in which the demand did not exceed twenty pounds, where title to real estate was not involved. This Court was held quarterly, immediately at the close of the Court of Sessions.

Fourth. There was a Superior Court of Judicature, whose jurisdiction extended over the whole Province. This court was composed of a Chief Justice and three Associate Justices, who held one or more terms in each county annually. It had cognizance of all civil and criminal cases, over the value of twenty pounds. Appeals were allowed from this court to the Governor and Council where the sum in controversy was less than three hundred pounds, and to the King where the sum was more than that.

In consequence of the Revolution, a new form of government and an alteration of the Judiciary System became necessary. A State Constitution was accordingly adopted by the people of New Hampshire, January 5th, 1776, before the Declaration of Independence by Congress, and before any other Colony, and the Judiciary System was altered so far as

the circumstances required, July 5th, of that year. The alterations were not material. This system remained in force, substantially, till October 1st, 1794, when the Court of Sessions was abolished and its jurisdiction transferred to the Court of Common Pleas. In 1804, an act was passed providing that when a vacancy should occur in the Superior Court or the Court of Common Pleas, each of said Courts should thereafter consist of a Chief Justice and two other Justices. June 24th, 1813, the Judiciary was remodeled. The Superior Court of Judicature and the Courts of Common Pleas were abolished; and in place of the former the Supreme Judicial Court was established, consisting of a Chief Justice and two Associate Justices, with all the jurisdiction and powers previously vested in the Superior Court of Judicature. The State was divided into two Circuits—the Eastern and Western; and a court established in each, consisting of a Chief Justice and two Associate Justices, called the Circuit Court of Common Pleas, having all the jurisdiction of the former Courts of Common Pleas. June 27th, 1816, this system was abolished, the Superior Court of Judicature was revived, the State was divided into the First and Second Districts, in each of which was to be appointed a Chief Justice "skilled in the law," and in each County two associate Justices of the Court of Common Pleas. The Chief Justice and the Associate Justices of each County were invested with all the jurisdiction of the Courts of Common Pleas previous to the 24th of June, 1813. December 15th, 1820, all the jurisdiction of the Courts of Common Pleas, except what is termed Sessions business, such as laying out roads, &c., was transferred to the Superior Court of Judicature, and the Court of Common Pleas was changed to a Court of Sessions in each County, which was composed of five Justices. Under this System all trials by jury were had before the Superior Court of Judicature. February 1st, 1825, an Act went into operation establishing a Court of Common Pleas for the State, having jurisdiction of all civil matters above justices of the peace, and final jurisdiction where the sum demanded in damages did not exceed fifty dollars. It had no Grand Jury, and no criminal business; this belonged to the Superior Court, which also had jurisdiction, concurrent with the Court of Common Pleas, of real actions, and of all personal actions in which the sum demanded in damages exceeded one hundred dollars. By this act, the Court of Sessions was abolished, and its jurisdiction vested in the Court of Common Pleas. By an Act passed December 29th, 1832, this System was abolished, and a system was established varying but little from that now in operation, except that the Superior Court consisted of four Justices, and there were no Circuit Justices of the Court of Common Pleas.

The County of Belknap was a part of Strafford County, until January 1st, 1841, when the latter County was divided into three. L contains eight towns, viz: Alton, Barnstead, Gilmanton, Gilford, Meredith, Sanbornton, New Hampton, and Centre Harbor. These towns had, in 1840, a population of about 18,000. It is the smallest County in the State.

The Judiciary System of this State is composed, at the present time, of the following tribunals.

1. Justices of the Peace. "Every justice of the peace within his County may hear, try, and determine all pleas and actions in which the title to real estate shall not be drawn in question, when the damages demanded do not exceed thirteen dollars and thirty three cents." "Every justice is authorized to hear and determine prosecutions and actions of a criminal nature, arising within his County, where the punishment is by fine not exceeding ten dollars" and in cases of assault and battery, and breaches of the peace, he may sentence offenders to imprisonment in the County jail not exceeding thirty days, and order them to recognize, with sufficient sureties, to keep the peace and be of good behavior, until the next term of the Court of Common Pleas for the County.

2. The Court of Common Pleas. This Court is composed of the Justices of the Superior Court, two Circuit Justices of the Court of Common Pleas, and two Justices of the Court of Common Pleas for each County. The two County Justices, with one of the Superior, or Circuit Justices, constitute the Court of Common Pleas for each County. The Justice of the Superior Court or the Circuit Justice present, presides in all trials, unless he should happen to be disqualified, when the action may be tried by the County Justices; while the sessions business, and whatever relates to the affairs of the County, is transacted by the latter. This Court has original jurisdiction of all civil and criminal cases, except where justices of the peace have jurisdiction; and jurisdiction of all appeals from justices of the peace in civil and criminal cases, and of petitions for laying out and discontinuing highways. This is the only tribunal in the State for trial by jury, as no jurors, either grand or petit, attend any other. All issues of fact arising in the Superior Court, are transmitted to this Court for trial. Any person dissatisfied with any opinion, direction, or judgment of this court, may allege exceptions thereto, and the questions arising upon such exceptions or upon a special verdict, or any issue of law, motion for a new trial or statement of facts agreed upon by the parties, may be reserved and transferred to the Superior Court for determination. Two terms of the

Court of Common Pleas are holden in each County every year-in Rockingham three, and in Grafton four.

3. The Superior Court of Judicature. This Court is composed of a Chief Justice and two Associate Justices. It has "exclusive authority to issue writs of error, certiorari, mandamus, prohibition and quo warranto, and may issue writs of habeas corpus and all other writs and processes to courts of inferior jurisdiction, to corporations and individuals, for the furtherance of justice and the due administration of the laws ;" and has the general superintendence of all other courts. It has jurisdiction of all questions of divorce and alimony, appeals from the Probate Courts, applications for review or new trial, and of all actions and questions transferred from the Courts of Common Pleas. It also has extensive power as a Court of Equity, in cases "where there is not a plain, adequate and sufficient remedy at common law ;" and may grant writs of injunction in proper cases. No jurors attend this Court, and no is sues of fact are tried before it ; but when it becomes necessary in any case to ascertain any fact by a jury, an issue is made up and sent to the Court of Common Pleas for trial, and the verdict thereon is certified to this Court and judgment rendered thereon.

For the business of the Superior Court, the State is divided into five judicial districts, each composed of two Counties; and in each of these districts this court is held twice a year, once in each County. But so far as concerns the business of this Court, each district is but one County. The Counties of Belknap and Carroll compose the fourth judicial district.

The Superior Court is holden at Ossipee, on the fourth Tuesday of July, and at Gilford, on the fourth Tuesday of December, annually, for the Counties of Belknap and Carroll.

The Court of Common Pleas for the County of Belknap, is holden at Gilford, on the fourth Tuesday of February and the third Tuesday of September, annually.

The length of the terms of the Court of Common Pleas, since the organization of this County, has been as follows:-February Term, 1841, 12 days; August, 1841, 16; February, 1842, 7; Aug. 1842, 18; February, 1843, 12; Aug. 1843, 11; Feb. 1844, 11; Aug. 1844, 10; Feb. 1845, 10; Sept. 1845, 5.

In the following list of Judges and County Officers are included those who resided within what is now Belknap County, and it is intended to state the residence while in office, the place of their birth, the time of entering upon the duties of their offices, and when they ceased to act; and some general remarks are added.

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JUSTICES OF THE COURT OF COMMON PLEAS,

Appointed by the Governor and council, during good behavior, until they arrive at 70 years of age. Their pay is now three dollars a day for every day they attend court and ten cents a mile for their travel to and from court.

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General Remarks.

Has been Representative from New Hampton, and Jus-
tice of the Court of Common Pleas for Strafford
County. Justice of the Peace throughout the State.
Representative from Gilmanton, Deputy Sheriff, Treas-
urer of the County of Strafford before the division.

The following persons, resident in this county, were Justices of the Court of Common Pleas for Strafford County before the division.
Ebenezer Smith

Meredith

Exeter

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1784 | 1787 An early settler in Meredith, Representative, President
of the Senate, Judge of Probate for Strafford county.
Died, August 22, 1807, aged 73.

1784 1810 Col. in the Army of the Revolution; and also Commis-
'ry with the rank of Col. Died, Sept. 3, 1810, aged 64.
1793 1794 Representative, member of Congress. Died in 1812,
aged 64.

1816 1820 Representative, President of the Senate, three times
Elector of President and Vice President, viz. in 1816,
1824, and 1844, Sheriff of the County of Strafford,
Governor of the State.

1833 1841'See Henry Y. Simpson above.
SHERIFFS.

Appointed by the Governor and Council for five years. The salary of the Sheriff of this County is $150,00 a year; and he is al-
lowed to retain all fees for services performed, which he is by law compelled to perform. The Sheriff of each county receives
from his Deputies one fifth of the fees received by them for their travel and service on all writs of mesne process, which he is re-
quired to account for to the County Treasurer annually. If the amount thus received is more than his salary, he must pay the bal-
lance to the Treasurer; if it is less than his nominal salary, he gets no more.

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