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TWENTIETH REPORT Judicial Council of Massachusetts

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TWENTIETH REPORT Judicial Council of Massachusetts Public Document TWENTIETH REPORT Judicial Council of Massachusetts FOR TABLES OF CONTENTS OF REPORTS 1 to 15, 1924 TO 1939 AND A LIST OF REPORTS OF COMMITTEES, COMMISSIONS AND OTHER MATERIAL RELATING TO THE HISTORY OF THE JUDICIAL SYSTEM SINCE 1780, SEE 15th. REPORT (1939) 93-108. FOR THE HISTORY OF THE JUDICIAL COUNCIL AND ITS RECOMMENDATIONS AND RESULTS OF ITS WORK, SEE 14th. REPORT (1938) 43-73. CONTENTS OF THIS REPORT page Index to Statistical T a b l e s ............................................................................................... 2 T he Act C reating the C ouncil — M em bers of C o u n c il .................................... 4 I ntroductory R emarks and C hapter 27 of R esolves of 1925 . 5 R ecommendations Adopted in 1943 ................................................................................. 6 E mergency J urors and W aiver of F ull J ury in C riminal C ases — D raft A c t ............................................................................................................................... 7 Consolidation of C ases for T rial under St. 1943 c. 369 D raft Act . 14 Procedure for D eclaratory J udgments in C iv il C ases — D raft A ct . 15 A P lan for an O ptional Alternative P rocedure w ithin the Superior C ourt for R ehearing w ithout P rinting M atters of L aw in C ivil Cases — D raft A c t ............................................................................................................. 21 N ew T rials W hen D amages Awarded Are I nadequate — D raft A ct . 25 D istrict C ourts and F ull-tim e J udicial Service — D raft Acts . 28 P robate C ourts — P ractice as to A uthority to C arry on B usiness of a D eceased P erson — D raft Ac t .................................................................................. 34 T ime of Appointm ent of G uardian A d L item of M inors and D raft A ct 36 Rules of E vidence — R eputation as to C haracter — D raft A ct . 39 C ommercial L ists and the L ik e — D raft A c t .............................................40 P robative E ffect of R ecord of D eath — D raft A ct .... 41 Final R eports on M atters R eferred to the C ouncil by the L egislature (F or P reliminary R eports see 19t h . R eport in 1943) .... 42 Charitable C ontributions by G uardians from Surplus I ncome (H ouse 6 8 2 ) .............................................................................................................................. 42 P enalizing “F a ke” M otor V ehicle C laims (H ouse 965) .... 42 N otice of I njury by D efect in W ays (H ouse 7 2 ) ....................................43 Extending Scope of M otor Vehicle I nsurance to C over “ U se w ithout E xpress or I mplied C onsent” (H ouse 1 1 1 6 ) .......................................................43 M ortgage F oreclosures — Senate Bil l 1 6 8 .......................................................44 H ouse B ill 1417 (D eficiency S uits) D iscussion and D raft A ct . 44 Proposal to E xtend S cope of C ompulsory M otor V ehicle L iability I nsurance A gainst P roperty D amage and R egulations for C ars of N on-residents — R eport of C ommission on I nterstate C ooperation and Bill R ecommended by that C ommission (H ouse 1275) — D raft Ac t ........................................................................................................................................ 51 T he “U niform Veteran’s G uardianship A ct” (Senate 283) — D raft A ct 57 T he “U niform Acknowledgments Act” (Senate 231) .... 61 Court F ees S uggested by W ays and M eans C ommittee — D iscussion . 61 F ees for “C ertificate of W aiver of N otice of M arriage” — D raft A ct 63 Cost of P ostage on L and C ourt N otices — D raft A ct .... 64 Amendment of G. L. C hapter 211 S ection 4 ............................................................... 65 D estruction of O ld D ocuments — D raft Ac t ................................................................ 66 Work of the A ppellate D iv isio n for C riminal Sentences .... 67 D eclaratory P rocedure — Additional I n f o r m a t i o n .............................................. 69 T he Act o f C ongress o f 1934 69 F ederal R ule 57 a n d N ote of the Advisory C ommittee on R ules . 69 Extract from Senate R eport to the 73d C ongress in 1934 . 70 Annual Summary of the W’ork of the Various C ourts and Statistical T a b l e s ........................................................................................................................................ 72 Circular L etter of Administrative C ommittee of the D istrict C ourts of J uly 15, 1944 99 Pu blica tio n o f t h is D o c u m e n t A p p r o v e d b y t h e C o m m is s io n o n A dministration a n d F in a n c h 0 FEB io 1S45 „ OFFiOAU» ' ; •• ' •K«as,-»IW<. .. INDEX TO APPENDIX B (pp. 72-98) Summary of the W ork of the Various C ourts and Statistical T ables Supreme Judicial C o u rt.............................................................................................72 Full Bench c a s e s .............................................................................................72 Entries in all counties, other than Full Bench cases, Sept. 1, 1943- Sept. 1, 1944, and details of business in Suffolk County . 73 Superior Court: Statement as to the Business shown by sta tistic s .............................. 74 Pre-trial sessions and their R e s u l t s ............................................................. 74 Advanced C a s e s .............................................................................................77 Law Entries 1943 76-77 Cost of references to Masters and Auditors 1940-43 .... 76 Cases referred to Masters and Auditors (1943)...................................... 75 Civil business — for year ending June 30, 1944 .............................. 11 Criminal business for year ending June 30, 1944 .............................. 84 Appellate Division for Criminal S e n te n c e s ............................................. 68 Land Court business for 1943 ..................................................................... 77 Probate Court business in all counties in 1943 .............................................. 98 District Courts for year ending October 1, 1943 ...............................facing 28 District Courts — Seven Year Comparative Table 1937-44 .... 28 Municipal Court of the City of B o s t o n ......................................................78 Civil business, summary for 1943-44 and .............................. 78 Sub-division — Contract and T o r t .............................................................79 Tort Entries, Removals and Trials 1943-44 79 Supplementary Process E n t r i e s .....................................................................79 Summary Process (Ejectment) E n tr ie s .....................................................79 Small Claims, summary for 1943-44 ...................................................... 79 Criminal business for year ending Sept. 30, 1944 .............................. 80 Automobile law, 1943-44 .............................................................................80 Parking law (St. 1935 c. 176 amended) 1943—44 .............................. 80 Boston Juvenile C o u r t ............................................................................................ 80 Trial Justices (Criminal b u s i n e s s ) .....................................................................88 Industrial Accident Board — Business and C o s t ............................................. 81 Appellate Tax B o a r d ........................................................................................ 81-83 ®f)e Commontoealti) of Jflaggacijusettsi D ecem ber, 1944 To His E xcellency, L ev erett Saltonstall, Governor of Massachusetts. In accordance with the provisions of section 34B of chapter 221 of the General Laws (Ter. Ed.) we have the honor to transmit the twentieth annual report of the Judicial Council. FRANK J. DONAHUE, Chairman. NATHAN P. AVERY, Vice-Chairman. LOUIS S. COX, JOHN E. FENTON, JOHN C. LEGGAT, WILFRED BOLSTER, FRANK L. RILEY, FREDERIC J. MULDOON, ASA S. ALLEN, SAMUEL P. SEARS. Acts of 1924, Chapter 244 As amended by St. 1927, c. 923, and St. 1930, c. H2 Now appearing as G. L. {Ter. Ed.) Ch. 221, §§ SJA-SJC An Act providing for the E stablishment of a J udicial Council to make a Continuous Study of the Organization, P rocedure and P ractice of the Courts. Be it enacted, etc., as follows: Chapter two hundred and twenty-one of the General Laws is hereby amended by inserting after section thirty-four, under the heading “Judicial Council,” the following three new sections—Section S4A. There shall be a judicial council for the continuous study of the or­ ganization, rules and methods of procedure and practice of the judicial system of the commonwealth, the w'ork accomplished, and the results produced by that system and its various parts. Said council shall be composed of the chief justice of the supreme judicial court or some other justice or former justice of that court appointed from time to time by him; the chief justice of the superior court or some other justice or former justice of that court appointed from time to time by him; the judge of the land court or some other judge or former judge of that court appointed from time to time by him; the chief justice of the municipal court of the city of Boston or some other justice or former justice of that court appointed from time to time by him; one judge of a probate court in the commonwealth and one justice of a district
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