The Portland daily press., 1895-02-28

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| plalntlff and person summoned as trustee
resides in the city of Bath OF either of the
towns named in section one of this act, and
| over all offenses committed against the ordl-
hances and bylaws of said city, though the
penalty thereof may accrue to said city and
towns and in the prosecution on any such
ordinances or bylaws OF any special law OF the
state relating to said city or to either OF sad
| towns, such bylaw, ordinance or special law
need not be recited in the complaint OF pro-
| cess, nor the allegations therein be more par
| Gcular than in prosecutions on public statute,
ana over all such criminal ofenses within the
limits OF the same as are cognizable by
trial justices, and no trial justice Or JUS
uce of the peace shall take cognizance
over any crime or misdemeanor COM
mitted in said city, OF in either of said towns,
OF 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 is 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,
but this jurisdiction shall not include proceed
| 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. 3. Said court shall have concurrent
jurisdiction with the supreme judicial court in
| the county of Sagadahoc, of all offenses not re-
CURED by the constitution or any statute to be
answered tor on presentment OF Indictment
OF grand jury, and may punish by fine not
exceeding one hundred dollars or by imprison-
ment for term less than one year, and of all
other otfenses over which such jurisdiction is
or may be granted not herein specified.
| SECT. a. If any defendant in any action in
| said court where the amount claimed in the
writ exceeds twenty dollars OF 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 jul
diclal court and deposit with the judge the sum
OF TWO dollars for copies and entry and entry
Zee 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 it shall be entered forthwith and shall be
in order for trial at that term. If no such mo-
tions and pleadingS are filed, the said munich
pal court shall proceed and determine said
action, subject to the right of appeal in either
party as now provided by law. The pleadings
in such cases shall be the same as in the supreme
| judicial court.
SECT s. In any action in which the plaintiff
RECEIVERS not over twenty dollars debt or dam
| 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 OF 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 i'll the supreme court, ex-
cept the costs to be taxed for attendance shall
ha fxVn n an for IN fn1,r11
SECT. 6. Any person aggrieved at any
| judgment or sentence of said court may APP
peal to the supreme judicial court in the same
manner as from @ judgment or sentence of a
| 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 on 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.
dered, and when a review is granted it shall
be tried in said supreme judicial court.
! SECT. Z. All the provisions of the statutes of
the state relative to the attachment of real and
personal properly 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 damnum.
SECT. 8. 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 to law as
| may be necessary and proper for the admins
traon of justice, and to facilitate its business.
SECT. 8. Price of blank wfits with the sum-
mOnses, with the seal of the court, signed by
, the judge or recorder shall be four cents, and
all other fees in civil cases shall be the same
as are taxable by q trial justice except as
otherwise provided in sections four and five
| of this act. All writs and processes in civil
/ | Tuq IA no lf ha hoo
the teste of said judge under the seal OF said
court and signed by the judge, be served in
. 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. 10. 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 offenses; and said court shall be in
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 defaulted actions
and for the trial of actions of forcibe 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
D 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 OIL
Bath to provide suitable court room, conve
) niently situated and appropriately furnished in
which to hold said court and keep the same ii
Y proper condition for use, and also to provide
for said court an appropriate seal, and al
other things necessary in the transaction of its
5 business, and said city shall have authority tt
a raise money for that purpose and for the pay
/; ment of the salary of the judge.
: SECT. -. The records of said court and O.
? the municipal court as formerly existing il
s said city shall be deposited with and kept b,
the judge, and said municipal court shall hay,
L jurisdiction thereof and full power ana author
t ity to issue and renew executions and othe
It processes and carry into effect the judgments
and DEGREES heretofore rendered by said form
t er municipal court, and to certify and authen
ticatc the records thereof, and shall for reason
sonable fees grant and certify copies of til,
e records of both courts when required, whicl
o shall be evidence of the contents of such rec
ords in any legal proceedings, and have thu
same legal and probative force and effect a
those of the supreme judicial court.
SECT. ID. All fines and penalties awarded
and collected by said court in criminal case
shall be accounted for and paid over monthly
/ and all fees in both civil and criminal case
! received by said court shall be paid month";.
\, into the city treasury for the use of said city
8 SECT IA. All acts and parts of acts incon
+ sistent with this act are hereby repealed
a approved March 25.1
? Chapter 1856.
n AN ACT to compel Husbands and Fathers t,