The Republican journal., 1895-12-26
Chapter 13A.
| AM A nT

AN ACT to amend chapter two hundred four
of the Public Laws Of eighteen hundred and
fifty SIX, 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
| trustee, reside in the city OF Portland, and of
all eases of torcible entry aud detainer, where
the property demanded is in said city; and Of
all criminal oifeuses and misdemeanors com
united in said city as are cogniZable by mum
| clpal or police courts or trial justices, or are
within the additional jurisdiction and authority
conferred upon this court. In actions against
two OR more defendents or trustees, residing
| in different counties, where one defendent or
trustee, resides in this county, concurrent
| jurisdiction with other trial justices or NUM-
oipal OF police courts, in the county where
either of the defendants reside, as is provided
/ In section sixteen, chapter eighty one, and
section tive Of chapter eighty six of the revised
statutes OF this state and concurrent with
other trial justices or municipal OF 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
including actions of repievin when defendant
or person summoned In good faith 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 fled by either
party, is in question, excepting as Is provided
Ia chapter ninety -four of the revised statutes,
sections SIX and seven, and excepting as is
provided in chapter eighty-three OF the re-
! ylScu statutes. section A
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
ecuilons 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 It's in the supe
rior CONT of this county.
SECT. 2. Section three of said chapter two
hundred and four is hereby amended, by strik
lag out said section three and inserting the
following section:
SECT. 5. 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 equitable by said court.
SECT. 8. 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-seven, and chapter one hundred
ana fifty eight, public laws of eighteen hundred
and eighty nine. is hereby amended by strik.
Ing Oul the WOru ''IllTCy> IL lie tnirG line and
inserting the word fifty so that said section
as amended, shall read as follows:
SECT 4. 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 otfenses described in sec
lions six, seven and nine of chapter enc hun
dred aud twenty of the revised statutes, and in
sections one and four of chapter one hundred
and twenty Of the revised statutes, where
the value OF the property does not exceed fifty
dollars, OF oftenses described in section tour
,t,.Ja. row hyv, NT0d tp
revised statutes. where stbey 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 otfenses described IL 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 ali offenses
against the bylaws OF the city; and in prosecu-
ton On such bylaws, they need not be recited
IN the compla int, nor in allegations therein be
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
| sections:
SECT. l6. When the Judge ia occasionally
absent from the room or office in which the
court is held, the recorder shall have the
power to hear complaints In all criminal
matters draw complaints and issue warrants
I for the apprehension OF persons charged with,
any criminal otfense 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 as
/ il issued by the Judge Said recorder shall
make, sign and issue all mittimnses, OF other
! processes Of commitment from said court, but
/ said nlittimuses or processes OF commitment
shall be equally valid if signed by the judge
| SECT. 5. In all actions in which the amount
| recovered exceeds twenty dollars, the costs
and fees OF parties and attorneys shall be the
| same as in the superior court, except that the
| defendant If he prevails, shall be allowed two
| dollars for his pleadings.
| [Approved March 22.]