moned as is required in the preceding section. Stat. 1839, c. 149, § 1 & 2.

35. Upon an application to two justices of the peace, one of whom shall be of the quorum, for the confinement of a lunatic not furiously mad, the person complained against may have a jury of six lawful men, to determine the question of his insanity selected in the manner stated in section 28. Stat. 1836, c. 223. Stat. 1838, c. 73, § 1 & 2. See, also, § 12 of title "Lunatic Paupers."

36. Either party to any civil action wherein the debtor damage demanded exceeds twenty dollars, and all actions of replevin wherein the property alleged to be detained does not exceed in value one hundred dollars, before any justice of the peace or justice of any Police or Justice's Court, may, on the return day of the writ, demand a trial by jury, and the justice shall thereupon issue a writ of venire facias, directed to the sheriff of the county or any of his deputies, or any constable of the town or city, in which the court is held, requiring the attendance of six jurors from the said town or city, at such place in said town or city, and at such day and hour as he may think best, not exceeding twenty-one days from the date of the said writ of venire facias, and the same proceedings shall be had in regard to drawing and summoning jurors as in other cases, except that it shall be sufficient to summon the jury two days before the trial, and the jury so summoned may try any number of cases before the said justices, but shall not be detained more than fourteen days, except to finish a case commenced within that time, and judgment shall be entered according to the verdict of the jury. Stat. 1852, c. 314, § 2.

37. The jury shall consist of six persons, who shall be sworn by the justice and empanelled, and shall then choose a foreman by ballot. Stat. 1852, c. 314, § 3.

38. The trial by jury shall be had before the justice, in

the same manner, as nearly as may be, as trials are now had before the Court of Common Pleas and Supreme Judicial Court. Stat. 1852, c. 314, § 4.

39. A sheriff or constable shall always attend jury trials before a justice, and said officer shall attend on the jury when they retire to make up their verdict, and his fees shall be one dollar a day for his attendance, and such other sum, not exceeding two dollars a day, for the use of rooms to hold the court in, as he may have to pay, to be allowed by the justice. Stat. 1852, c. 314, § 5.

40. When, by reason of challenge or otherwise, a sufficient number of jurors, duly drawn and summoned, cannot be obtained for the trial of any cause, the justice shall cause jurors to be returned from the bystanders or the town to complete the panel, which jurors shall be returned by the sheriff or constable Stat. 1852, c. 314, $ 6.

41. The provision of chapter ninety-five of the Revised Statutes, so far as applicable, shall extend to jurors and trials before justices of the peace and justices of Police Courts. Stat. 1852, c. 314, § 7.

42. The fees of the jurors, under this act, shall be one dollar and twenty-five cents for every day's attendance, and six cents for every mile's travel out and home; and the same, as well as the fees of the officer who summons the jury and attends on the court, including the charge for rooms to hold the court in, shall be certified by the justice or his clerk, and paid by the county treasurer. Stat. 1852, c. 314, § 8.

43. The justice who tries any case where there is a trial by jury, if not paid by a salary, shall receive for the trial of each case one dollar and fifty cents from the plaintiff, which sum shall be taxed in the bill of costs. 1852, c. 314, § 9.

Stat.

44. No person shall be exempted from serving on a jury

in the Supreme Judicial Court or Court of Common Pleas, in consequence of his having served as a juror before any justice of the peace, or in any Justices' or Police Court; and no person shall be compelled to serve as a juror before any justice of the peace or Justices' or Police Court more than twenty-four days in any year. Stat. 1852, c. 314, § 10.

45. The fees of jurors are as follows: to each person attending as a grand juror or traverse juror, in any court except before a justice of the peace, or police court, two dollars a day for his attendance, and eight cents a mile for his travel out and home; and to each person attending as a juror, before a sheriff or coroner, or on any other occasion prescribed by law, one dollar and twenty-five cents a day for his attendance, and six cents a mile for his travel out and home. R. S. c. 122, § 10. Stat. 1855, c. 120.

II. DUTIES OF SELECTMEN AS TO SPENDTHRIFTS AND INSANE PERSONS.

1. Construction of the words, "in- [ of a spendthrift. sane person," and "spendthrift." 2. Guardian of spendthrift, how ap

pointed.

3. Object of the appointment of dian.

guar

4. Fourteen days notice to be given to spendthrift.

5. Contracts of the spendthrift pending and proceedings taken void.

6. Power and duty of the guardian

7. Guardian of an insane person, how appointed.

8. Power and duty of such guar

dian.

9. Expenses of the insane person or spendthrift in oppos ing.

10. Assessors to act instead of selectmen in certain cases.

11. Commitment of lunatic paupers to hospital.

1. The words “insane person," are intended to include every idiot, non compos, lunatic and distracted person, and the word " spendthrift," is intended to include every one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, or debauchery; and these words shall be so construed in all the provisions relating to guardians and wards. R. S. c. 79, § 34.

2. When any person by excessive drinking, gaming,

idleness or debauchery of any kind, shall so spend, waste or lessen his estate, as to expose himself or his family to want or suffering, or to expose the town to charge or expense, for the support of himself or his family, the selectmen of the town of which such person is an inhabitant, or in which he may reside, or upon which he is or may become chargeable, may present a complaint to the judge of probate, setting forth the facts and circumstances of the case, and praying to have a guardian appointed for him. Ib. § 11. Stat. 1846, c. 249.

3. Where the selectmen, having filed a complaint for the appointment of a guardian, relinquished the proceedings in consideration of a bond and mortgage given them by the spendthrift with condition to indemnify the town from expense on account of himself and his family, it was held that the bond and mortgage were void; for the object of the appointment of guardian to a spendthrift, is to restrain him from a course of vicious excesses by taking from him the means of indulging in them, and thus to save both himself and family, from distress and ruin, as well as to save the town from the expense of their support. 12 Pick.

152.

4. The judge of probate shall cause notice to be given to such supposed spendthrift, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the judge that the person complained of comes within the description contained in the second section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. R. S. c. 79, § 12.

5. After the order of notice has been issued, the complainants may cause a copy of the complaint, with the order of notice, to be filed in the registry of deeds for the county; and if a guardian shall be appointed upon such

application, all contracts excepting for necessaries, and all gifts, sales, or transfers of real or personal estate, made by such spendthrift, after such filing of the complaint in the registry of deeds, and before the termination of the guardianship, shall be null and void. Ib. § 13.

6. A guardian to a spendthrift, is to have the management of all his ward's estate, and the care and custody of his person. Ib. § 13.

7. When the relations or friends of any insane person, or the selectmen of the town, of which such person is an inhabitant, or in which he resides, shall apply to the judge of probate to have a guardian appointed for him, the judge shall cause notice to be given to the supposed insane person of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed ; and if, after a full hearing, it shall appear to the judge that the person in question is incapable of taking care of himself, the judge shall appoint a guardian of his person and estate. Ib. § 9.

8. The powers of the guardian of an insane person are the same as those of the guardian of a spendthrift. Ib. § 10.

9. When a guardian shall be appointed for an insane person, or a spendthrift, the judge shall make an allowance, to be paid by the guardian, for all reasonable expenses incurred by the ward in defending himself against the complaint. Ib. § 14.

10. When any insane person, or any person liable to be put under guardianship, as a spendthrift, shall reside on lands not included within any incorporated town or city, all the acts authorized or required to be done, respecting the guardianship of such person, by the selectmen, shall and may be done by the assessors of the district or tract of land, on which such person resides, if there be any such assessors, and if not, by the selectmen of the oldest adjoining town in the same county. Ib. § 15.