was above twenty pounds, and did not exceed four thousand pounds lawful money, and that causes exceeding four thousand pounds should be heard by the Governor, Council, and House of Representatives, but parties could appeal to the latter, from the decisions of the Superior Court. The first Council of Censors criticising the acts giving judicial powers to the legislature as designed to exalt the legislative above the judicial department, that part of the statute which authorized the legislature to hear equity causes was repealed in October, 1786. In February, 1779, divorce was placed within the jurisdiction of the Superior Court. The powers of the several courts were not precisely defined, the county courts were not organized, at least until the year 1781, the business of such courts having been transferred to the Superior Court by special act. In February, 1781, the legisla ture directed that there should be five judges of the county court, and in April of that year passed an act directing the county courts in their office and duties. The Superior Court held but one session in each half-shire annually; the county courts were not organized until 1781, the line of demarcation between their respective juris dictions was so uncertain, the judicial system so confused, that in 1782 "an act defining and limiting the powers of the several courts within this State," was passed, by which the county courts were continued, the Superior Court abolished, and the Supreme Court of Judicature established, the powers of the courts accurately defined, and the times and places of their sessions regulated. The Superior Court ceased to exist in Octo ber, 1782. It had been during the four years of its existence the only court at all times open, and in fact exercised jurisdiction in all matters. The unfinished business of the special courts of 1778 was, by act of the legislature in 1779, transferred to the Su perior Court. By the act constituting the Superior Court, it was provided that any .one of the Governor's Council might sit, in the necessary absence of, or just exception
against, any of the judges of the court. The dockets show that Jonas Fay, Jeremiah Clark, Timothy Brownson, and Ira Allen did sit as judges. During the four years of the existence of the court but nine persons acted as judges. At the first election Moses Robinson was elected Chief Judge, and with him were elected John Shepardson, John Fasset, Jr., Thomas Chandler, Jr., and John Throop. Shepardson and Fasset had served as judges of the special courts in 1778. At the end of the first year Thomas Chandler retired, and Dr. Paul Spooner was elected. In 1780 Dr. Increase Moseley took the place of John Shepardson. Thus there were but two changes in the personnel of the court in the first three years. The sessions were very regularly held, as shown by the docket, kept by William Gould, clerk. The docket begins with the May term, 1779, at Westminster, where all the judges were present. The proceedings of the first two terms are printed, in part at least, in Slade's State papers, p. 549. The first civil action of which there is a record was a sort of cross between trespass and replevin for fraudulently taking and detaining a " certain white horse," in favor of William Griffin against Jacob Galusha. The latter pleaded for an adjournment, " for the want of ma terial evidence " which was granted until the next February, at which time he was de faulted; but later in the day he appeared with his attorney, and a review was granted him upon payment of £, 6s. gd. costs. Upon full trial of the case, the court, " hav ing duly considered the same, the evi dence, and every attending circumstance relative thereto," ordered the horse deliv ered to the plaintiff, and the defendant to pay £j 4S. 6d. more cost. In 1781 certain towns in western New Hampshire and northern New York united with the towns in Vermont; and at the elec tion of judges in October, Elisha Payne of Lebanon, N. H., was chosen Chief Judge, Moses Robinson, second, John Fasset, Jr., third, Bezaleel Woodward, fourth, and Joseph
