Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1839-05-02


authorized TO do, execute perform.
SEC. BE il further enacted, That the State be.
and hereby is divided into three Districts which shall
be denominated the Western, Middle, and Eastern
District The counties Of York, Cumberland, Frank
lin and Oxford shall constitute the Western District;
the counties OF Lincoln, Kennebec and Somerset shall
constitute the Middle District; and the counties OF
Waldo, Piscitaquis, Penobscot. Hancock aud Wash
ington shall constitute the Eastern District There
shall be appointed and commissioned, IN manner pro-
vded by the constitutions in aud for the Western and
Middle Districts, ,ch person, and IN aud Tor the
Eastern District, two persons, be Justices Of The
District Court and said Justices, so appointed and
commissioned, shall have power 10 hold the District
'ourls, within any Of the counties of The District for
which the said Justice is appon,ed al the times and
Iaces established by law for holding the Court
f Common PlFas. And whenever it shall 81 happen
Justice Of said Court shall attend at the time
nd place al which said Court, by law, or by previous
dnurnment, ought to have been held, the Sheriff Of
re cnunty, in his absence, the Clerk of the Court,
lay adjourn the said Court from day TO day, or To
och tune Justice Of said District shall attend;
nd shall post public notification thereof in writing on
he door Of the Court House. And in case the JUS
Justices Of said Court shall be interested, or
naI be otherwise disqualified TO preside in the trial of
ay action which may be pending in said Court, the
shall be transferred 10 the Supreme Court.
SEC. g. Be il further enacted, That all wrls and
processes issuing from the District Court shall be in
the name Of the State, and shall bear test OF one OF
the Justices of said Couri and such writs and pro-
shall be under the seal Of said Court and sgned
by the Clerk thereof, in the county where the
may be reurnahle aud shall have force and be obeyed
and executed in every county in the State. And all
original processes shall be summons, capas attach
nlent and shall be served and returned in the same
way and manner is provided by law Tor the
and of similar processes and the form
of all processes and executions shall be far altered
and changed 10 conform 10 the provisions OF this
Act.
SEC. 4 Be it further enacted, That any party ag
grleved ut the judgment Of any District Court in any
personal action wherein any issue has been joined in
which The debt or damage demanded shall exceed two
hundred dollars and in any action OF repevin or ac-
lion of trespass quarn causum fregt. ejeciment, or
real acirn acilon against town. may appeal there
from to the Supreme Judicial Court 10 be holden
within and for the county where such Judgment may
be rendered; and the party appealing, before such
appeal be allowed shall recognize with sufficient
ty suretes 10 the adverse party, in reasonable
sum, 10 prosecute bis appeal and 10 ray all such costs
may in any snch suit, after such appeal And
when any such appeal in any personal action, except
actions of irespass quare cIausum frealt, repevn,
ejecimeni real actions, and actions against towns
shall be made BY any plaintiff, and he shall not recover
than two hundred dollars debt or damage, he
shall not recover any COSTS alter such appeal; but The
defendant shall his costs such all peal,
against the plaintiff, and shall have separate judy
therefor; and in such appeal was made by
the defendant, and the debt damages recovered IN
the Dstfic Court, shall moi be reduced the pa'nlff
shall he entitled To double Gusts on The appeal
unless the Justice before whom the iral, in the Dis
lrici Court was had shall certify that there was just
and reasonable cause for such appeal and if lie APP
peant shall Gail to enter his appeal in the Supreme
Judicial Ctui, the same Court may, upon con paint
render judgment in such action, according 10 The pre-
visions of this Act.
SEC. s. BE j, further enacted. That either party
Il do nE
said District Court, in any naer OF law. may allege
exceptions 10 The same; Which exceptions beng ie-
duced 10 writing in sun mary ncde, and beng pre-
scented TO The Court beiue TIE adjourn n,ent Hereof
if coniormable 10 The truth of The case, shall he al
lowed and signed by The presiding Justice Of said
Court, ard ihereupon all further proceedings shall be
stayed; and the party making such exceptions sha en-
Ter such action at u supene judicial t'uli, at the
next tenn thereof for the sane County and shall ro-
duce there all tie papers, as in Case OF appeal And
the Supreme Judicial Court shall have ,.snlZaEoe
thereof and consider and determine the same IN The
same niaDner as they authorize TO DO respect
10 actions originally connei ced ard entered IN said
Court and shall render judgment thereon grant
a trial at the bar of said Court, law ard JUS
lice may require. And when any part, alleging
eepiions aforesaid shall tail Ia enter The action at
tie FIST succeedr Of The Supreme Judicial Court
for the county, and complaint ibereof shall be
made by the adverse party; or whenever TIC Court
shall determine that any exceptions made as aiore-
said, frivolous and intended only for delay The
Court shall award double costs Of that Court
against the parry making such exceptions and increase
of damages hy adding the sane, Interest thereon TO
the time Of final Judgment And if any person chaIged
with any crime, offence or msdemeanor IN the us
trct Court, shall be asgeved ly any opinion, dhec-
ton judg ment of said Court in any matter Of law,
he may aiege excep,lons thereto in The same manner
and the ne proceedings shall be bad as is provided,
IN the fifth secn oi h> Act; aud The person making
the exceptions shall enter into rtcognizanoe nh sure
ties, tie Court shall dnect enter his appeal al The
Supreme Judicial Court at lie rexi term theitoi IN
the sand county and produce all papers IN The case
md The exec FioEs beng entered, he SuHene Ju-
dical Cont shall have ccsnzarce llervoi, and may
ener judsu en or giant new iIlal at the bar OF SAID
Court, remand the 10 the District Court, as
justice may require; ard If the person excepting
shall fail 10 enter his aP cal an 10 produce all Pileis
as aforesaid, lie suIr,ne Judicial out, ma, sentence
such person 10 such punishment the District Court
might have inflicted or adjudge the recognlzance lor-
iened, or both, as the case may require.
SEC. 6. BE il further enacted, That the Supreme
Judicial Couri shall have original ard concurrent iu
ri>dicon, with the District Court, of all actions of
repevin respass quare clausum freg, of ejeclment,
real actions, OF all actions against towns, and also
of all personal actions where the debt damage de-
manded exceed The of two hundred dollars, aris-
ing within The courtes Of this Stale respecn ely
Aud when any personal action, excepting actions oil
replevn, lespas qusre clausum iicgn ejtclmenl, or
real actions and actions against towns shall he COM
menced in The Supreme Judicial Count, and The Plaintiff
shall not the of hnndred dollars debt
damage, he shall costs, unless The presi-
ding Justice, in the trial of said action, shall certify
and allow The same.
SEC. Z. BE ii further enacted, That the District
Court shall have power at the hen jud .ment in
any action, Of which said Court has final jurisdiction,
Is rendered. or al any subsequent; ierm on motion
petition, II said motor OF petition be filed within one
year from the rendition of such Judgment, after giving
due notice thereof to The ad, partly 10 giant "a new
trial Of any such action, for any cause for which hy
the common law new trial ma, be granted or when,
upon due consideration and examinations il shall appear
10 SAID Court, that justice has not been done between
the parties, upon such and condnlons tie same
Court may deem reasonable: Provided, That when
there have been two verdictS of jury in the
action. in favor of the parry, trlal shall
be granted. And said Court shall have power from
lime time, make and establish all such rules for
the entry of actions, filing pleas in Abatement and
demurrers 10 declarations for the orderly and well
conducting of the business thereof, may be deemed
proper, and which shall not be repugnanl 10 tie laws
of this State.