(E) MEETINGS OF JUDGES.

SECTION 56. Meetings of judges of divisions.] It shall

2 be the duty of the Presiding Justice of each division of

3 the Superior Court and the associate judges of each di4 vision

5

6

7

8

9

10

11

12

23

13

14

15

1. To meet together

a. At least once every three months, at such time and place as may be designated by the Presiding Justice of the division, and

b. At such other times as may be required by the Presiding Justice,

2. For the consideration of such matters pertaining to the administration of justice in the division to

which the judges so meeting belong, as may be brought before them.

At such meetings the judges of division shall receive 16 and investigate, or cause to be investigated, all com17 plaints presented to them pertaining to said division and 18 to the officers thereof and shall take such steps provided 19 by law as they may deem necessary or proper with re20 spect thereto.

21

The said divisional judges so meeting shall have power

22 and it shall be their duty to recommend to the Judicial 23 Council all such rules and regulations for the proper ad24 ministration of justice in said division as to them may 25 seem expedient.

26 The Chief Justice shall be notified of all such meet27 ings of the judges of any division and shall, in his dis28 cretion, attend, take part in, and preside at the same.

SECTION 57. Meetings of all judges of the Superior

2 Court.] The judges of the Superior Court shall meet

1. Once in each year at the time and place of the meeting of the judges of the General Court of Judicature, as hereinafter provided, and

2. At such other times and places as may be re

7 quired by the Chief Justice,

8 for the consideration of such matters pertaining to the 9 administration of justice in the Superior Court as may 10 be brought before them.

11 At such meetings the judges of the Superior Court 12 shall receive and investigate or cause to be investigated 13 all complaints presented to them pertaining to said Su14 perior Court and to the officers thereof, and shall take 15 such steps provided by law, as they may deem necessary

16 or proper with respect thereto.

17

The said judges of the Superior Court so meeting shall 18 have power and it shall be their duty to recommend to 19 the Judicial Council all such rules and regulations for 20 the proper administration of justice in said court as to 21 them may seem expedient.

PART IV.

THE COUNTY COURTS.

PREFATORY NOTE.

The ideal plan of administration doubtless is to provide a judge of complete trial jurisdiction for every cause, however small the amount involved. But this is possible only in districts of compact population. The greater part of every state must continue to be rural and semi-rural and an overwhelming proportion of causes in such portions will inevitably be causes involving small amounts.

The most significant political division within the state is the County. Two classes of causes are most economically adjudicated in a court the territorial jurisdiction of which is coterminous with the county these are (a) causes involving sufficient property interests to warrant trial at the county seat or at some other town within the county designated for the sittings of the local court, but not involving enough to warrant holding them until the occasional term of Superior Court is held; (b) causes involving amounts too small to warrant trial at a distance exceeding a few miles from the residence of the parties.

The first need (a) is met by establishing the County Court with broad jurisdiction to some such sum as $500, the intention being to include enough such causes to keep one County Judge busy in the average county.

The second need (b) requires some extension of the powers of the County Judge to quasi-judicial agents resident in various parts of the county.

This second need is commonly met by the election of justices of the peace in townships. Probably the most universal defect of our entire system of administering justice arises in this connection. It is due to the fact that justices of the peace are commonly lay officials, that they derive their pay from fees, and that they are not subject to strict ministerial supervision.

While the succeeding sections may appear at first glance to depart widely from conventional practice it should be noted that the "District Magistrate" is after all nothing more nor less than a justice of the peace with elimination of the features contributing to the latter's defects. He is an expertly selected official holding under indeterminate tenure and paid an annual salary which is to be suited to his individual services. Most important of all he is subject to the supervision of the County Judge who thus becomes individually responsible for the administration of justice within his county up to the limit of his jurisdiction.

There is reason for believing that the appointment of local magistrates to serve virtually during good behavior and at a stipulated salary will result in restoring to this important local office much of the honor and prestige originally attaching to the office of justice of the peace. There is not wanting in every community some conscientious person whose opinion carries weight, and who, under suitable rules, can be of the greatest value in assisting in the determination of minor disputes. The rules to be formulated will probably stress the importance of conciliatory measures, enabling the District Magistrate to adjust such minor but irritating disagreements at a minimum of cost and ill feeling.

The County Judge is made a conspicuous official and as his district is wieldy according to short ballot principles, his selection by popular vote need not be departed from. To make the average tenure long, and at the same time afford sufficient opportunity for his constituency to make a change, the same plan provided for the submission of Superior Court judges to the electorate is adopted. See Sec. 121, p. 192.

In the interests of unification the County Judge is made an ex officio master of the Superior Court and the District Magistrate is a deputy clerk acting under the direction of the deputy clerk serving in his county with respect to his docket and reports.

Parties may consent to the trial of their cause before the District Magistrate, however large the amount involved. The District Magistrate, either with or without application by one of the parties, may request the County Judge to take over any proceeding. The County Judge may so take any proceeding, either upon application of a party or of the District Magistrate, or may refuse to do so, or may take any matter into his hands without any application. Any matter so taken by the County Judge may be tried by him in the local court of the magistrate, or may be heard at the county seat or anywhere else within the county, thus affording opportunity for suiting the convenience of the largest number of witnesses.

The rules made by the Judicial Council may limit the use of a jury by the District Magistrate.

The rules may also set forth such minor offenses as may be tried before the District Magistrate with waiver of jury. If a jury be demanded by the accused, then his cause will be heard by the County Judge, presumably at the county seat, where there is a lock-up. In more important misdemeanors and felonies triable before the County Judge the accused may have, by rule, the right to demand trial in the Superior Court. The most important prosecutions are reserved for the Superior Court. Under the supervision of the County Judge any District Magistrate may conduct preliminary examinations.

(A) JURISDICTION.

SECTION 58. Jurisdiction of the County Courts.] The 2 County courts in the several counties of the State shall 3 have and exercise such part of the jurisdiction of the 4 Superior Court as shall be prescribed by the Judicial