The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-03-05


AN ACT to establish Court of Common Pleas
Sect l. BE il enacted BY tn: senat: and House Of
Died. That there be- and hereby is established Court
OF Common Pleas which Court shall be holden BY any
one or of the Justices thereof and shall have
original and exclusive jurisdiction of all civil actions
arising within the counties in this State respectively
excepting such actions wherein the Supreme Judicial
Court, Justices of the Peace now have original ia
rsdeton and excepting also, all actions of Replevn,
trespaSs quare clausum tegt and of eiectmen or real
actiens and shall have original and concurrent iuris-
diction with the Supreme Judicial Court Of all aStions
OF repev trespass quare clausum fegt and of eject
ment or real actions and shall also have jurisdiction
Of all such offences, crimes and misdemeanors be-
fore the passing OF this Act cognzabe by the
spective Circuit Courts of Conmon Pleas, and shall
also, have appellate jurisdiction Of all civil actions,
and OF all crimes and offences where appeal may
now by law be made 10 the Circuit Courts Of Common
Pleas, from the judgment sentence OF any Justice
OF the Peace. And said Court Of Common Pleas is
hereby fully authorized TO give Judgment award
cution, administer all necessary oaths and aimatons,
and to do, execute perform and order whatever by the
Constitution and Laws, II shall be their duty do
whatever the said Circuit Courts before the passing
OF this Act, authorized to do, perform.
Sect ?. BE AZ further enacted, That there shall be
appointed and commissioned in manner provided by
the Constitution, three persons be Justices of the
Court OF Common Pleas, who shall be men of sobrety
"a learned IN the law, OF whom shall
be appointed and commissioned Chief Justice Of said
Court and either of said Justices appointed and
mlSsloned, shall have power to hold the Courts of
Common Pleas within any county in this State the
times and places hereinafter mentioned. And when
ever II shall happen, that Justice of said Court
shall attend the time and place. which said Court
by law, or by previous adjournment, ought to have
been held the Sheriff Of the county, or in his absence
the Clerk of the Court may adjourn the said Court
from day to d5v until Justice shall attend and shall
IN, ,ha
of the Court House And except in cases Of inevitable
failure the said Court shall he opened of the
clock IN the forenoon the first day of the term aud
proceed on the business before IT, and all parties by
themselves counsel shall their peril attend in
readiness therefor Jury trials shall have precedence
OF other matters, and lie heard 10 succession, without
delayand if any action shall be continued from term
10 term by consent of parties for travel
tendance, except In submitted 10 referees or
auditors, shall be allowed TO either party during the
pendency of the action in said Court after the day of
the hrst call thereof. And in all actions referred, or
submitted 10 auditors for travel and attendance
shall be taxed and allowed al the intermediate terms
between entering the reference submission 10 audi
tors and making the report ProU,dcd, That if ex-
ANIMATION the Court shall be satisfied that such con-
tInuance by consent, for the purpose Of defence
and trust which could be well had the time of
the hTst CALL and not for delay the Court may their
dscre ton, order full costs he taxed and contn-
nance shall be granted motion Of either party ex-
cept fnr good and sufficient causeand that the same
IN the opinion OF the Court necessary for the further
ance of Justice.
Sect. 3. BE IL .frrtlG enncted, That all wrts and
! processes issuing from the Court of Common Pleas
shall be in the name Of the State and shall bear ~
test OF of the Justices OF said Court and such
wnts and processes shall be under the seal of said
Court, and signed by the Clerk thereof in the county
where the writ process may be returnabe and snail
have force, and be obeyed and executed in every
county in the State And all original processes shall
he ar hall hn
and returned in the same way and manner is now
provided by law for the service and of similar
processes and the forms of all processes and execu-
lions shall be far altered and changed as To conform
10 the provJ ions of this Act.
Sect. a. BE IL further enacted That any party ag-
grleved atthe judgment ofany Court of Common Pleas,
IN any personal action wherein any issue has been
joined IN which the debt or damage demanded shall
exceed one hundred dollars and in anv action of re-
pleyn or action Of trespass quare clausum fregit,
eectment, or real action may appeal theefrom 10 the
next Supreme Judicial Court he holden within and
for said county, where such judgment may be render
ed and the party appealing before such appeal be
allowed, snail recognize with sufficient surety
ties TO the adverse party in a reasonable sum- 10 pros
ecue his appeal and TO pay all such as NAV arise
IN any such suit, after such appeal. And when any
such appeal IN any personal action except actions Of
trespass quare causum asit and actions Of repevin
wherein the value OF the property repevied shall by
the finding Of the Jury exceed one hundred dollars shall
be made by any plaintiff and he shall recover
than one hundred dollars debt damage, he shall
recover any costs after such appeal but the defend
ant shall recover his costs such appeal against the
Plalntn and shall have separate judgment therefor
and IN case such appeal made by the defendant,
and the debt or damages recovered in the Court of
common Pleas. shall not be reduced the plaintiff shall
be entitled 70 recover double on the appeal and
II the appellant shall fail enter his appeal in the
Supreme Judicial Court, the same Court may upon
complaint render gment in such action according to
the provisions OF his Act.
Sect s. BE 'tuthsr enacted That either party ag-
grieved by any opinion. direction or Judgment of said
Court OF Common Pleas in any action originally com
menced IN sa Court in any patter of law NAY aledge
exceptions To the same which exception, being re-
daced 10 writing summary moie-and being present
ed to the Court before the adjournment thereof if con-
formable 10 truth of the case sial be allowed and
signed by the presiding Judge or Justice of said Court
and theTeupon all further prs dings. in such action
IN said Court shall be stayG tt and the party making
such Exceptions shall enter such action AZ the Supreme
Judicial Court, AT the next term thereof for the same
county, and shall produce there all the papers, as in
case OF appeal. And the Supreme Judicial Court shall
have cosnizance thereof and consider and determine
the same, IN the same manner they authorized
do IN respect 70 actions originally commenced and en-
tered IN that Court and shall render judgment thereon