The Republican journal., 1895-12-26

things when both parties interested, or any
resides in the city of Bath or either of the
towns named in section one Of this act, and
over all ofenses committed against the orai-
penalty thereof may accrue to said city and
towns and in the prosecution Oh any such
ordinances or bylaws or any special law of the
state relating to said city or to either of said
towns, such bylaw, ordinance or special law
need not be recited in the complaint or pro-
cess, nor the allegations therein be moro par
and over all such criminal 0fenses within the
limits of the same as are cognixable by
trial justices, and no trial Justice or JUS
tlce Of the peace shall take cogntxance
over any crime or misdemeanor COM
mitted in said city. or in either of said towns,
or any civil action over which said court has
exclusive Jurisdiction; and concurrent jurisdic-
ton with the supreme judicial court in all
personal actions where the debt or damage
demanded exclusive of costs IL over twenty
dollars and not over one hundred dollars, and
in all actions of replevin under chapter ninety
| six of revised statutes, when it appears that
the sum demanded for the penalty, forfeiture
or damages, or the value of the goods re-
plevined, does not exceed one hundred dollars.
and any defendant or any person summoned
as trustee reside in the county of sagadahoc.
ings under the divorce laws, nor Jurisdiction
over actions in which the title to real estate
according to the pleadings filed in the case by
either party is in question except as provided
in chapter ninety-four, sections six and seven
Of the revised statutes.'
SECT. 8. Said court shall have concurrent
jurisdiction with the supreme judicial court in
the county Of Sagadahoo, Of ali ofienses not re.
CURED by the constitution or any statute to be
answered tor on presentment or Indictment
exceeding one hundred dollars or by imprison-
ment for a term less than one year, and of all
other oftenses over which such jurisdiction il
or may be granted not herein specified.
SECT. 4. If any defendant in any action In
said court where the amount claimed in the
writ exceeds twenty dollars or his agent or
attorney shall on the return day of the writ, file
| in said court his pleadings and a motion asking
| that said cause be removed to the supreme ju-
dicial court and deposit with the judge the sum
OF two dollars for copies and entry and entry
| fee in said supreme court, to be taxed in his
costs, if he prevails the said action shall be re-
moved into the supreme judicial court for said
| county. The judge shall forthwith cause certi-
| fed copies of the writ, officers return and de-
PENDANTS motion to be filed in the clerks Office
Of said supreme court within ten days, and
shall pay the entry fee thereof, and said action
shall be entered on the docket of the following
term, unless said court shall then be in session,
when 1t shall be entered forthwith and shall be
| in order for trial at that term. If no such mo-
tons and pleadings are fled. the said munich
| pal court shall proceed and determine said
action, subject TO the right OF appeal IN either
in such cases shall be the same as in the supreme
| Judicial court.
SECT. 8. In any action in which the plaintiff
age, the costs to be taxed shall be the same as
before trial justices except that the plaintiff
shall have two dollars for his writ; where the
defendant prevails in any action in which the
sum claimed in the writ is not over twenty dol
| lars or property the value OF which does not
exceed that sum, he shall recover two dollars
for his pleadings and other costs as before trial
| Justices In actions where the amount recov-
cred by plaintiff exclusive of costs, exceeds
twenty dollars or property the value of which
exceeds that sum- or the amount claimed ex
ceeds twenty dollars, where the defendant pre-
walls the costs OF parties, trustees and witnesses
shall be same as in the supreme court, ex-
cept the costs to be taxed for attendance shall
be two dollars and fifty cents tor each term.
SECT. E. Amy person aggrieved at any
Judgment or sentence of said court may APP
peal to the supreme judicial court in the same
| manner as from q Judgment or sentence of
trial justice, and all such appeals shall be in
order for trial at the first term Of said appel
late court after such appeal is taken. Final
judgments where the amount in controversy
exceeds twenty dollars in said municipal
court, may be examined in the supreme judicial
court a writ of error or on a petition for re-
view, and when the judgment is reversed, the
supreme judicial court shall render such judg-
ment as said municipal court should have rem
uered, and when a review is granted it shall
be tried in said supreme judicial court
SECT. 7. All the provisions of the statutes of
the state relative to the attachment OF real and
personal property and the levy OF executions
shall be applicable to actions in this court and
executions on judgments rendered therein.
where the amount recovered exceeds twenty
dollars, provided, that property may be at
tached, equal in value to ad t1amnum.
SECT. s. said court is hereby authorized to
administer oaths. render judgments, issue ex-
ecutiOns, certify copies of its records, punish
for contempt and compel attendance as in the
supreme judicial court, and to make all such
rules and regulations, not repugnant 10 law. as
may be necessary and proper for the admins
tration of JUSTICE and to facilitate lis business
| SECT g.. Price of blank writs with the sum.
monses, with the seal OF tue court, signed by
| the judge or recorder shall be four cents, and
all other fees III civil cases shall be the same
as are taxable by a trial justice except as
otherwise provided in sections four and five
OF this act All writs and processes in civil
matters shall be in the name OF the state, bear
the teste Of said judge under the seal OF said
court and signed by the judge, be served 10
| time and manner as now provided by law In
case of writs issued by trial Justices, and be
| obeyed and executed throughout the state.
! SECT. TO- Said court may adjourn from time
to time and shall be held at such place as shall
be provided by the city OF Bath, and shall be
| considered in constant session for the trial of
criminal ofenses; and said court shall be il
session each Monday at ten O'Clock in the fore
noon for the entry Of civil actions and the en-
| tering up OF judgments in all Gefaulted actions
and for the trial OF actions of forcible entry and
detainer, and On the first and third MONDAYS
| of each month for the trial and determination
| of all other civil processes Every defendant and
every person summonedsas trustee shall have
twenty four hours in which to enter his ap-
| pearance.
SECT. IL. 1t shall be the duty of the city of
| Bath to provide suitable court room, conye.
niently situated and appropriately furnished, in
| which to hold said court, and keep the same in
proper condition for use, and also to provide
| for said court an appropriate seal, and all
blanks. blank books, dockets, stationery and
other things necessary in the transaction of its
business, and said city shall have authority to
raise money for that purpose and for the pay
| ment of the salary of the judge.
| SECT. T.. The records of said court and Of
| the municipal court formerly existing in
said city shall be deposited with and kept BY
the judge, and said municipal court shall have
jurisdiction thereof and full power and author
ity to issue and renew executions and other
processes and carry into effect the judgments
and DEGREES heretofore rendered by said form-
er municipal court, and to certify and authen-
| ticate the records thereof and shall for reason
sonable fees grant and certify copies of the
| records of both courts when required, which
| shall be evidence of the contents OF such rec
ords in any legal proceedings, and have the
| same legal and prObative force and effect as
those ofthe supreme judicial court.
! SECT l3. All fines and penalties awarded
! and collected by said court in criminal cases
| shall be accounted tor and paid over monthly
| and all fees in both civil and crimina! cases
received by said court shall be paid monthly
| into the city treasury for the use of said city
I SECT IA. All acts and parts of acts incon-
| sistent with this act are hereby repealed
[Approved March ISL
| Chapter 1876.
| AN ACT to compel Husbands and Fathers to
contribute to the support of Wives and Chill
| dren.
|