Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-29

InAsCusivo JURISDICTION In all such matters and
n riHags Wnen both parties interested, or any
piaintn an6a person summoned as trustee
Issues IN the city of Bath or either Of the
u Cwns named in section one Of this act, and
nances and bylaws of said city, though the
Pohaity thereof may accrue to said city and
o ~Tns ana In the prosecution on any such
state relating to said city or to either Of said
u LOWS, such bylaw, ordinance or special law
rsss not be recited in the complaint or pro.
less, nor the allegations therein be more par.
tic9lar than in prosecutions on public statute.
ana over all such criminal offenses within the
t Unite OF the same as are cognizsble BY
tice Of the peace e shall take s oognisance
over any crime or misdemeanor COM
m1tted in said city, or in either of said towns.
exclusive Jurisdiction; and concurrent jurisdic-
ton with the supreme judicial court in all
personal actions where the debt or damage
9emanded exclusive OF costs is over twenty
dollars and not over one hundred dollars, and
In all actions of repievin 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.
ana any defendant or any person summoned
as trustee reside In the county of sagadahoc,
put this jurisdiction shall not include proceed.
1ngs 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 lie.
CURED by the constitution or any statute to be
answered Tor on presentment or indictment
exceeding one hundred dollars or by fmprison-
ment for q term less than one year, and of all
other offenses over which such Jurisdiction Is
or may be granted not herein specified.
SECT. 4. II 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 anda 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 it shall be entered forthwith and shall be
in order for trial at that term. If no such mo.
tons and pleadings are filed, the said munich
pal court shall proceed and determine said
action, subject to the right of appeal in either
party nSw h ey aw me re-
judicial court.
SECT. 8. In any action in which the plaintiff
recovers not over twenty dollars debt or dam.
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 for each term.
SECT. 6. Any person aggrieved at any
judgment or sentence of said court may ap.
peal to the supreme judicial court In the same
manner as from q 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
exceeds twenty dollars in said municipal
court, may be examined in the supreme judicial
court on a writ of error or on 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 review is granted it shall
SECT. T. 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
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
tratOn of justice, and to facilitate its business.
SECT. 8. Price of blank writS 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 a trial justice except as
otherwise provided in sections four and five
Of this act. All writs and processes III 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 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-
teripg up of judgments in all detaulted 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 summonedlas 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, conve
niently situated and appropriately furnished, in
4
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. IL. The records of said court and of
the municipal court as 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
ticatc 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 i'll any legal proceedings, and have the
same legal and probativc force and effect as
those fthe supreme judicial court.
SECT. Is. 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 criminal cases
received by said court shall be paid monthly
into the city treasury for the use of said city.
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
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