The Portland daily press., 1895-02-28
Chapter 1874.

CnapIer lo4s
AN ACT to amend chapter two hundred four
of the Public Laws OF eighteen hundred and
fiftvsix in relation to the jurisdiction of the
Municipal Court of the city OF Portland.
SECT. l. Section two of chapter two hundred
four of the public laws of eighteen hundred
and fifty-six, as amended by chapter twenty
eight of the public laws of eighteen hundred
and eighty seven, is hereby amended by strik-
ing out said section and inserting the follow
ing:
SECT. 2. Said court shall have exclusive
jurisdiction of all civil actions in which the
debt or damages demanded do not exceed
twenty dollars, and both parties, or the defen-
dent, or person summoned in good faith as
trustee, reside in the city OF Portland, ana of
all cases of forcible entry and detainer, where
the property demanded is in said city; and OF
all criminal otfenSeS and miSdemeanorS COM
mitted in said city as are cognlzable by num-
cipal OF police courts OF trial justices, OF are
within the additional jurisdiction and authority
conferred upon this court. In actions against
two or more defendants OF trustees, residing
in different counties, where one defendent or
trustee, resides in this county, concurrent
jurisdiction with other trial justices or NUM-
cipal or police courts, in the county where
either of the defendants reside, as is provided
in section sixteen, chapter eighty-one, and
section five of chapter elghty-slx OF the revised
statutes of this state, and concurrent with
other trial justices or municipal or police
courts in the county of Cumberland over all
matters and things, civil and criminal within
their Jurisdiction, where exclusive jurisdiction
is not otherwise conferred by law; and concur
rent jurisdiction with the superior court in the
county of Cumberland, in all personal actions
including actions Of replevin when defendant
or person summoned in good faith as trustee,
resides in the county of Cumberland, where
the debt, damages or goods demanded, exclu-
sive of costs, exceed twenty dollars and do not
exceed fifty dollars. This jurisdiction shall
not include actions in which the title to real
estate according to pleadings filed by either
in chapter ninety -four of the revised statutes,
sections six, and seven, and excepting as is
provided in chapter eighty-three of the re-
vised statutes, section four. All the provisions
of the statutes of this state relative to the
attachment of real estate and personal
property and the levying of executions, shall
be applicable to actions in this court, and ex-
ecutions on judgments rendered therein.
Said court is hereby authorized to administer
oaths, render judgments, issue executions,
certify copies Of its records, punish for con
tempt and compel attendance as in the Supe-
rior court of this county,
SECT. 2. Section three of said chapter two
hundred and four is hereby amended, by strik-
ing out said section three and inserting the
SECT. 3. The judge or recorder shall not
act as counsel or attorney in any case, cause,
matter or thing which depends upon or relates
to any cause cognizable by said court
SECT. g. Section four of said chapter two
hundred and four, as amended by chapter one
hundred and sixty three, public laws of eigh.
teen hundred and eighty three, and chapter
| twenty eight, public laws Of eighteen hundred
and eighty and chapter one hundred
and ifty-eight public laws of eighteen hundred
ing out the word s'thirty' in the third line and
| inserting the word fifty so that said section
as amended, shall read as follows:
SECT. 1. The said court may take cogniz
ance of simple larcenies, where the property
alleged to be stolen shall not exceed in value
fifty dollars, and of offenses described in sec
tons six, seven and nine of chapter one hun
dred and twenty of the revised statutes, and in
| sections one and four of chapter one hundred
and twenty-six of the revised statutes, where
the value OF the property does not exceed fifty
| dollars; of otfenSeS described in section 1oul
of chapter one hundred and thirty-two of the
revised statutes, where sthey are not of high
and aggravated nature, and on conviction, may
| punish by fine not exceeding twenty dollars
or by Imprisonment in the county jail not ex
ceeding six months; and all violations of the
| tramp law, and of offenses described in section
four Of chapter one hundred and forty one OF
the revised statutes, and ON conviction, may
| punish by imprisonment in the county Or city
| house of correction, not exceeding six months
and have exclusive jurisdiction of all offenses
against the bylaws OF the city; and in prosecu
ton ON such bylaws, they need not be recited
in the complaint, nor in allegations therein bt
more particular than in prosecutions on pub
| lie statute
SECT. 4. Section sixteen of said chapter two
hundred and four is hereby amended by strik
ing out said section, and inserting the following
section:
SECT. 16. When the judge is occasionally
absent from the room or office in which the
court is held, the recorder shall have the
power to hear complaints m all crImlna
matters, draw complaints and issue warrants
| for the apprehension OF persons charged will
any criminal offense or breach of the peace
to hear accusations in bastardy and issue war
rants thereon, and all warrants so issued by
the recorder shall have the same authority a.
if issued by the judge. Said recorder shall
make, sign and issue all mittimuses, or otlle
| processes of commitment from said court, bu
| said mittimuses or processes of commitment
shall be equally valid if signed by the judge.
SECT 8. In all actions in which the amour
recovered exceeds twenty dollars, the cost
same as in the superior court, except that tn
defendant if he prevails, shall be allowed tw
dollars for his pleadings.
| approved March %.