Litchfield enquirer., 1872-09-19
PUBLIC ACTS

8 PUBLIC ACTS @ o9
 Of the State of Connecticut. passed May session,
 1872. 8 tatt3getia
 4tsxss1 4&sEf@s fz5 St-%----f sxsse s-t ex4 llRlakasHER Rx AUTHORITY l CHAPTER LxxxIx. s~. An act to create and establish district court in Litchfeld county.
 Be It enacted by the senate and house of repre- 139 sentatiyes in general assembly convened.
 Sec. l. The towns of Barkhamsted Bridrewa. ter, Canaan, Colebfook, Cornwall, Kent, New Hartford, New Milford, Norfolk, North Canaan. Salisbury, Sharon, Washington and Winchester, Tn Litchtield county, shall constitute . judicial district. to be known and designated as the first district of Litchfeld county. -5 s1
 Sec. I. There shall be court in said Judicial district to be known and designated as the dis trlct court for the first district of LtcheId eoun- ty to be held at the times and places hereinafter mentioned, by a judge residing in said judicial dfstfiet, appointed and commissioned for that purpose. But no action shall be brought, or ap- peal taken to said court, nor shall said court ex erclse any jurisdiction as provided in this act, nor shall the judge of said court exercise or dis charge any of the judicial duties therein nor be entitled to receive any ealary until this act shall be approved by the electors of the towns hereafter mentioned, and in the manner hereaf- ter provided, and until said approval, suits shall De brought and appeals taken Tn the manner now provided by law 9esrt. # frgll ,-
 Sec! 3 The sessions of said court in said court m said judicial district shall be held in the order and at the times and places following, to- wit: At Winchester, in said district, on the frst Mon- days of January, May and October: at Canaan in said district. on the first Mondays of March. Au- gust and November; and at New Milford, in said first Mondays of September and December in each year; with power to adjourn said court at the close of the session from the town where said court Is appointed to be held.
 Sec. Said court shaA have exclusive original jurisdiction oyer all civil causes which shall be brought before it, according to law, and in which the debt. damage or other matter in demanR ex- ceeds the sum of fifty dollars and does not ex- ceed the sum of five hundred doilars,- if the plaintiff or defendant, or one of the plaintifs or defendants if there be more than one, resides in said judicial district; but if neither the plaintiff or defendant nor one the plaintiffs or defendants 1T there be more than one, are residents of this state, then said court shall have jurisdiction if the defendant Is Tn said judicial district when said suit Is commenced; and if the defendant, or one of the defendants, if there be more than one are not residents of this state. then said court shall have jurisdictlon if the property which is attached in tie action s situated in said judicial district. Said court nay try said cause by jury OF otherwise aud proceed to final judgement and execution, exercising the same powers in the premises as are possessed by the superior court over causes within it's Jurisdiction; but said court shall have no jurisdiction over cFlmInal causes petitions foi aivorce or appeals from probate pro- vded that this section shail not be held to prevet any justice of the peace from exercising jurisdc- ton ln all causes iu which the debt, damage or ther matter in demand does not exceed the sum vf one hundred dollars; prov ided further, that nothing in this act shall he construed 50 as to deprive any court of jurisdiction of any suit brought by party plaintiff residing in the state "f Connecticut, without said judicial district, against any patty defendant residing within said jndiciai district that now by law has jurisdic- tiOn.
 Sec. 5. Said court shall have exclusive original jurisdiction over all suits in equity wherein the matter ln demand shall not exceed the sum of five hundred dollars (excepting suits for relief against any cause depending, or judgment rem dsred ln the superior conrtl and may by itself, or by committees. Inquire into the facts, and pro- ceed to final judgement and decree according to the rules Of equity provided, that in suits for the redemption or foreclosure of morgaged prem ises, the jurisdiction shall be determined by the amount of debt, or liability secured as described in the mortgage. r.a L3 -efa5 N4r*g
 Sec. 6. Appeals from all judgments of jus tices of the peace, from which an appeal is now or hereafter may bs allowed by law (except in criminal causes) shall hereafter be allowed and t~hen o1oiusisey to the next term of the district court to be held ia said judicial district, if the judgment appealed from shall have been render ed III said judicial district on giving bond as now required by law in cases appealed to the superior court. Writs of error from judgments of Justice of the peace shall also be brought exclusively to the said district court within the time prescribed by law if said judgment was rendered in said judicial diatris t. t s-tt-
 Sec. 2. Motions in error in arrest of judgment, Tor new trial, or to set aside non-suit. may be made to sad district court, and said court may grant the same for proper and reasonable csnse, and may reserve all such motions as well as any Questions of law arising in any case, for the ad- wee and consideration of the supreme conrt of errors. at it's next term to be held in the county Of Litehfeld to which court also, shall be brought atL 0H. Of said district court. and in respect to such tions and wrlts, the course of proceeding, and tae Limitations by law prescribed for the sHpers- or court shall be pursued and in force in said dis trict court.
 Sec. 8. The course of practice and manner Of proceeding in said district court shsll be COZ. formed to that prevailing in the superior court, 80 far as it is practicable, (and subject to the discretion of the judge of the said district court in providing for any necessary modificationa o2 the same from time to tlme,) and ali rules og practice prescribed for the superior cours Ahan apply ntitatis neutdndis to said district court 80 far as is consistent with their nature aud ecope.
 Sec. g. The judge and clerk of said district court shall have the same powers in regard 10 cases cepending before or returnabla to' ss;d court, as are at present or may be by lAw RiSep to judges and clerks of the superior court Esla- tive to causes pending in or returnable to the superior court; and all statutory provisions re- garding the trial, disposition of and modes of proceeding ill cases Tn the superior court, shall also be applicable to cases in said district couEt, except it be otherwise herein provided.
 Sec. 10. The judge of said district court shall appoint clerk and an assistant clerk oe said court who shall before entering upon the duties of their office, take the oath prescribed for exec. utive and judicial 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 powers, and be sub ject to the same duties and obligations, and be entitled to the same fees, as those pertaining to the clerks of the superior court. Proper dockets shall be made and kept by the clerk of the caus- ee brought in said district, and the court shall have it's proper seal, to be used under the di- rection of the court in all matters in which seal is required. .s..4 ,r 'r suit resides in the towns of New tHartford, Win chester, Barkhamsted, Colebrook or Norfolk, shall be tried at Winchester: cases in which the party bringing the suit resides in the towns of BridgewateT, New Milford, Washington or Kent, shall be tried at New Milford; cases in which the party bringing the suit resides in the towns of Cornwall, Sharon, Canaan, North Canaan, or Sal- isbury shall be tried at Canaan unless the party bringing the suit residing in the towns of Corn try his at either of the other places and any such party may try his said case at either of said other places by fling notice to that effect with the court, ou or before the third day of the term of the court. to which the suit is brought Any
 
 either of said three; and the court may, for spe- cial cause, direct that any case shah be tried at any of said places. All cases not hereinbefore provided for shall be tried at the place which said court may direct and order. The judge of said district court shall from time to time assign for trial by days, the cases the docket of said court, and the trial of no ease shall be postponed after it is so assigned unless by the court, upon good aud sufficient reasons being given. ;
 Sec. 12 Cases proper to be tried by the jury may be entered on the jury docket at the Stirst term, and all pleadiDgs shall be closed to the court or jury during the first term of the court to be held at the place where by this act said ease is to be tried, and sooner, when ordered by the court for cause and not thereafter except by con. sent of the partiee or by order of tho court for cause shown. The jury for said district court shall be paid from the state treasury, and ahall be summoned by the clerk of saia district court, upon direction or order of the judge of said court, who shall exercise his discretion as to the time and term, when and where . Jury shall be summoned; provided, there shali not be less than three jury terms in each year, if there re- main any cases for trial on the jury docket.
 Sec l3. Tho sheriff of the county of Ltchfield or one of his deputies resIding in said judicial district, that shall be designated by the shefiH with the assent of the judg ofsaid district court