Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1811-08-19
Lain of Passafbusatss.
In tie sea, Of ear Lord one fSosiand tg5. Basd,ss
and s!sssB
An act Establishing Circuits Of Common
Pleas within this Commonweal th.

I An act Establishing Circuits of Common
Pleas within this Commonwealth.
Sec. Be ID Enacted ~ the Senate and
| House Of Rebreseatafives an General Court As.
se14blea, and b. tie authority ef the same,
! That this Commonwealth excepting Dukes
County and the County Of Nantucket) shall
| be, aud hereby is divided into six Circuits,
! TO be limited, known and called as follows,
TO wit !: the Counties Of Suffolk, Essex and
M'ddlesex shall form ore circuit, and be
called the Middle Ciregn--The Counties Of
Worcester, Hampshire and Berkshire shail
| form one circuit, and be called the Western
| Circalt--The Counties IF Norfolk, Plymouth,
RrisIol, and BarnStabie shall form enc cir
! cult and be called the Southern Circuit I ne
| Counties of York, Cumberland and oxford
| shall torn one circuit, and be called the
| FIRST Eastern Cfycuit-Fhe Counties of Lin
| coin, KcnneDeck, and Somerset shall form
one circuit, and DC called the Second Eastern
| CvcEit--and the Counties of Hancock and
| Washington shall fom one circuit, and be
called the Third Ea2fe1n Cncuit.
Sec. 2. BE itturfher Enacfed, That there
shall be held and kept in each County IN the
| several Circuits aforesaid, at such times and
| places as are now by law appointed for hol-
| ding the Courts Of Common Pleas in the
| several Counties, Circuit Court Of Com
| mon Pleas, to consist Of one Chief Justice,
| and two Associate Justices, each Of whom
| shall be All inhabitant OF this Common
| wealth and when appointed and commits
stoned, as by the Constitution is provided,
| they or any two Of them shall be Court III
| their respective Circuits, and shall have or
iginat aud exclusive jurisdiction OF al Civil
Actions arising or happening within their
respective Circuits, OF what nature or spe-
cies soeyer the same may be, Excepting on
| ~ such actions wherein the Supreme Judi
clal Court, or where Justices OF the Feace
now have original jurisdiction OF All such
offences, crimes and mlsdemeanors, as be-
fore the passing OF this act were cogBIzsbie
| by the respe cuse Courts OF Common Pleas,
and shall also have appellate jurisdiction of
| all civil actions, and OF all crimes and Often
ces where an appeal may now by law be
made from the sentence or judgement of
the Justices of the Peace, and the same
| Court are hereby fully authorized 10 give
| judgment, award execution, 10 administer
| all necessary and proper oaths, and .tfirma
| tons, and to do, execute, perform and or
der, whatever by the constllulIoH and laws
it shall be their duty to do, or whatever the
| Courts OF Common Pleas, before the pas.
! sing oi this sct, were authorized 10 do, eX-
| cepIin6 such acts, matters aud things, as
are or may be cognizable by the Courts Of
Sessions: And tile Justices Of said Circuit
Court Of Common Pleas, shall receive the
same fees and compensation Tor their servi-
ces, as the Justices Of the Courts Of Com
mon Pleas, now receive IN their respective
counties, and to be paid IN the same man.
ner: Provided Hothing in this act shall De
so construed, as to affect the original OF sp-
.peilAte jurisdiction given BY law 10 the nu
nicipal court holden within the town Of B,,s.
| ton.
Sec. g. Be it further Enacted, That all
wrIts snG processes, issuing from tie Cir
| cult Courts of Common Pleas, shall be in
| The name OF the Commonwealth of Massa-
chusstts, bear test Of the Chief Justice.
when not q party, and one Of the Associate
Justices, when the Chief Justice is a party.
or hrs office Is vacant, aud where any two
Justices are interested III any action. the re.
manning Judge shall constitute = competent
| court 10 try the same, and such writs and
processes shall be under the seal OF The SAID
Curt, and signed by the Clerk of the said
Court, IN The County to Which the writ NAV
be returnabie, and snail have force. be obey
ed aud executed In every County within tae
Commonwealth and ali original processes
shall be summons, cspias or attachment.
ana shall be served and returned in The
same way and manner, Is IS now provided
BY law tor the service aad return of similar
processes and the forms Of all processes
| and executions shall be 50 far altefed and
changed, a. " Conform to the provisions u
ibis act.
sec. 4. Be ~ further Enacted, That any
party aggrlesed al the Judgment OF an,
Citcuit Court OF Common Pleas, III al, re-
al acsion, Or Ii any personal ACTON wnel ETA
any ISSUE has enJoined, Ia which tie debt
or damages demanded shah exceed the
sum OF one hundred dollars, may appeal
lhereiiom TO the next Supreme judicial
Court TO DC holden within aud fur The Coun-
ty where such judgment may be rendered
and the party ~ appesliOg, before such ap-
peal be allowed, shall recognize with It'll
clent surety or sugetIes, To ne adverse "a.
~ Ia a reasonable sum TO prosecute his Ap-
peal at The Court appealed 70, and 10 pay
all such costs, as may arise IN any sach sun,
after such appeal shall be made BY any
Piai0siits and ne sh;. not recover more than
one hundred dollars, at the court Appealed
20, the plaintiff shall not recover an, cosl
on s,icn appeal, hutthe Defendant STALL III
entlied 70 recover against lhe plaintiff his
CO.'S, on such appeal, and shall nane sep
srate judgment therefor and IN case such
appeal Was made by tile defendant, and Tx
DEBT or damages recovered on the Original
action saAll asn be reduced, on tie appeAs,
nc plaintiff sAail ~ entities to rec ser dou
bic costs of sui. on Tie appeal, aad A~se
nls judgement and execution accordingly
and no execution shall ssssls UPON tHc fsl,4g