Litchfield enquirer., 1870-08-18
PUBLIC ACTS.
PASSED MAY SESSION, 1870.

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 mon Pleas in Fairfield County.
 Be it enacted by the Senate and House of Rep resentatives in General Assembly convsned:
 Fair1eid, to be known and designated as "The Court of Common Pleas," to be held at the times and places hereinfter mentioned, by Judge re- siding in said county, and appointed and commis
 Sec. 2. The sessions of said court shall be held in the order, and at the times following to witt At Bridgeport on the first Mondays in the months of March June. June September November; 1a; De, e April. and ct Danbury on the first Mondays o1 Jannary,. February, May and October, in each year, with power to adjourn said court after ses- sion of two weeks from the town where said court is appointed to be held to the other of said towns and all causes brought to said court shall be tried UT otherwise disposed of at the term of the court next after that to which they shan have been court; and no term of said court shall be adjourn cd sie die, except as hereinafter provided, until every cause on the docket thereof shall have been tried, disposed of or continued, or until the close of the third week of the term.
 Sec. 8. Said court shall have exclusive original jurisdiction over all civil causes which shall be the debt. damage or matter in demand exceeds the jurisdiction Of Justice of Peace, and does not exceed the sum of five hundred dollars if the plaintiff or defendant resides in said county if the property which is attached in the action is situated therein, or if the defendant not being an lnhabitant of this State. is in said county where the action is commenced; and said court may try said causes by jury or otherwise, and proceed to same powers in the premises as are possessed by the Superior Court over causes within its jufis- diction, but said court shall have no jurisdiction over criminal causes, or appeal from probate or
 Sec. 4. Said court shall also have exclusive ori- ginal jurisdiction over all suits in equity wherein the matter in demand shall not exceed the sum of five hundred dollars. excepting suits for relief fTrdrP oTn& dered in the Superior Court, or may by itself or by committee, inquire into the facts, and proceed to final judgment, and decree according to the rules of equity, provided that in suits for the re- demption or foreclosure of mortgaged premises the jurisdiction shall be determined by the amount of the debt or liability secured or de- scribed in the mortgages.
 Sec. 5. Appeals from all judgments of Justices of the Peace in said county, from which an appeal is now or hereafter may be allowed by law, except in criminal causes, shall hereafter be allowed, and taken exclusively to the next term of the Court ot Common Pleas, to be held in said county, on giv- TOT from judgments of Justices of the Peace for said county, shall also be brought to the said court, within the time prescribed by law.
 Sec. 6. Motion in error, in arrest of judgment, for new trial, or to set aside non-suit may be made to the Court of Common Pleas, and as well as any questions of law airing in any case, may be reserved for the advice and consideration of the Supreme Court of Errors at it's next term to be held in the county, to which court also shall be brought all writs of error upon final judgments and decrees of the Court of Common Pleas, and in respect to such motions and writs. the course of proceeding, and the limitations by law prescri- bed for the Superior Court, shall be pursued and in force in the Court of Common Pleas.
 Sec. 2. The course of practice, and the manner of proceeding in the Court of Common Pleas, shall be conformed to that prevailing in the superior court far as it is practicable, and subject to the direction of the court of common pleas. in provi- ding for any necessary modification of the same from time to time; and all rules of practice pre- scribed for the superior court shall apply mstatis y1atGndis, to the court of common pleas so far as is consistent with their nature and scope.
 Sec. 8. The judge and clerk of the court of common pleas shall have the same powers in re- gard to cases depending before or returnable to said court, as are present or may be, by law given to the judges and clerks of the superior court; and all statutory provisions regarding the trial, of the superior court, shall also be applicable to cases in the court of common pleas, except it be otherwise herein provided.
 Sec. g. The judge of the court of common pleas shall appoint clerk and an assistant clerk ofsuch court, who shall. before entering upon the duties of their office, take the oath prescribed for the executive and iudical officers, and give bonds to the Treasurer of the State in the sum of one thousand dollars each, similar to those required from clerks of the superior court; said clerk and assistant clerk shall have the same power, be sub ject to the same duties and obligations, and be entitled to the same fees las those pertaining to the clerks of the superior court. Proper dOckets shall be made and kept :by the clerk of the causes brought in said county, and the court shall have it's proper seal to be used under the direction of the court in all matters in which seal is required , Sec. 10. The judge of the court of common pleas, from time to time, shall assign for tria by days. the cases on the docket of said court by the order in which they stand thereon; and the trial of no case shall be postponed after it is so assign ed, unless by the court upon good and sufficient reasons being given and the engagement of counsel in other professional duties, shall not in ordinarv ho f0r s,1cn ment.
 Sec. Il. Cases proper to be tried to the jury may be entered on the jury docket at the first term, and all pleadings shall be closed to the court or jury during the same term, and not thereafter except by consent of the parties, or by order of the court for cause shown. The jury for the court of common pleas, shalR be paid from the State Treasury, and shall be summoned by the clerk of the court of common pleas upon direc ton or order of the judge of the court, who shall exercise his discretion as to the time and term when the jury shall be summoned, but there shall not be less than four jury terms in each year, if there remain any cases for trial on the jury dock ct. AiE
 Sec. 12. The sheriff of said county shall attend same duties, and be entitled to the same privile- ges and fees that are now prescribed for him in the superior court; and whenever said sheriff shall be necessarily absent, he shall appoint with the consent of the judge, deputy sheriff to act in his place.
 Sec. IS. The judge of said court of common pleas shall be annually appointed by the General Assembly, and the salary of said judge shall be the same as that of either of the judges of the courts of common pleas in the counties of Hart ford and New Haven, payable quarterly from the treasury of the state, on and after the first Mon day of September, 1870.
 Sec. IA. Whenever the judge of the court of common pleas shall be legally disqualified to act as judge in any action pending before such court, he shall remove said action to the superior court then in session. next to be holden in sad coun- ty; and the clerk of the superior court, shall on the receipt of the files and records and order of said judge, enter said action the docket of the superior court in it's proper place to be proceed ed with, tried and disposed of in the same man. ner as if originally brought to said court; but if the parties said action shall file written agree ment with the clerk of said court waiving all ob- jections to said judge acting in such matters said cause need not be removed.
 Sec. 15. Whenever the judge of the court of common pleas shall be unable to act at any term of the court from any cause whatever, the chief judge, or in case of his absence sickness or death the senior judge of the supreme court of errors, on being notified of such fact by said judge or by the clerk of said court of common pleas, shall assign and direct some judge of the supreme court of errors, of the superior court, to hold the terms of the court.
 Sec. 16. All writs and processes returnable to the court of common pleas shall be served at least twelve days inclusive before the sitting of the court. @
 Sec. r. The county commissioner of said coun-