The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1901-04-11
NJ uniciDal Court.

as Judge Of said court.
For the benefit of our readers, who are
lot familiar with the jurisdiction of this
court, we give an abstract Of the Act as
passed
The court shall consist Of one Judge
who shall be an inhabitant Of the county
OF Somerset, Of sobriety Of manners and
learned Ia the law, who shall be ap-
pointed as provided Ia the constitution
and who shall have and exercise concur
rent authority and jurisdiction with trial
justices, justices OF the peace and OF the
quorum, over all matters AID things
Sithin their Jurisdiction, and such au-
ihority jurisdiction additional thereto b.
Il conferred upon him by this act
Said municipal court shall have uris-
dicton rs follows: First. original iuris-
dicton concurrent with the supreme
judicial court OF the larceHes described
IN sections one, six, seven. light and
nine of chapter one hundred aud twenty
of the revised statutes, when the value
of the property is not alleged 10 exceed
thirty dollars, of the assaults and
batteries described in section twenty
eight of chapter one hundred and
eighteen OF the revised statutes; and OF
the offences described IN section six OF
chapter one hundred and twenty.four of
the revised statutes, and may punish for
either of said offences by fine not ex-
ceeding fifty dollars and by imprson-
ment in the county Jail not exceeding
three months. Second, exclusive origi-
nal Jurisdiction of all civil actions where
In the debt or damages demanded do not
exceed twenty dollars. and both parties,
or any plaintiff and a person summoned
as trustee reside in the town of Show
hogan, including prosecutions for penal
lies 10 which said town is interested, and
of all actions of foreiole entry and de-
amer arising therein; and concurrent
jurisdiction with trial justices of all other
civil actions within their concurrent juris-
diction. Third, original jurisdiction con-
current with the supreme judicial court,
of all civil actions in which the debt or
damages demanded do not exceed fifty
dollars, and both parties or the defend
ant and d person summoned as a trustee
reside in the county of Somerset. Pro-
vided, that any action. civil or criminal,
in which the Judge is interested, but
which would otherwise be within the
exclusive jurisdiction of said court, may
be brought before and disposed Of by
any trial justice within said county, in
the same manner and with like effect as
other actions before such tribunals.
Nothing ia this act shall be construed
to give said court jurisdiction of any
civil action in which the title to real
estate according to the pleading or briel
statement filed therein by either party is
in question, and all such actions brought
therein, shall be removed to the supreme
judicial court or otherwise disposed of as
10 like cases before a trial Justice.
Said court shall be held on the frs t
and third Mondays of each month at ten
O'Clock in the forenoon for the transac-
lion Of civil business at such place with
in said town as the Judge shall deter
mine, but the town may at any time,
provide court room, in which case the
court shall be held therein, and all civil
processes shall he made returnable ac-
cordingly, and it may be adjourned from
lime to time by the Judge at his discre-
lion; but it shall be in constant session
for the cogniz ince of criminal actions ;
provided that if said Judge is prevented
by any cause from attending at the time
said court is TO be held for civil business,
it may be adjourned from day to day by
any deputy sheriff or constable of the
town, without detriment to any action
then returnaole or pending until he can
attend, when said actions may be en-
tered or disposed of with the same effect
as If it were the first day of the term !;
and 1t may be so adjourned without day
when necessary, in which event pending
actions shall be considered as continued,
and actions then returnable may be re.
turned and entered at the next term
with the same effect as il originally
made returrable at said term.
1t shall be the duty of the Judge Of
said court to make and keep the records
thereof, or cause the same to be made
required of similar tribunals in this
state; and copies of said records duly
certified by said Judge shall be legal
evidence in all courts.
Any party may appeal from any iudg.
ment or sentence of said court, to the
supreme judicial court in the same
manner as from Judgment or sentence
of trial justice.
If any defendant. his agent or attor-
ney, in any action in this court, in which
the debt or damages claimed in the writ
exceeds twenty dollars, shall, during the
term at which 1t was entered, file in said
court an affidavit, that he has good de.
fence to said action, and intends in good
faith TO make such defence, and claims a
jury trial and shall pay the Judge sixty
cents for entry fee in the supreme udi-
cial court, and twenty-five cents for his
order, to be taxed in said defendant
costs if he prevails, the said Judge shall
attach TO the original writ his order
under his hand and seal of court, trans
ferring said action to the supreme udi-
cial court in said county, and deliver the
writ together with all papers filed in the
case, and entry fee, to the clerk of said
supreme judicial court, whose duty it
shall be to enter said action at the next
term of said supreme judicial court, and
it shall there have day, be tried and dis
posed of, the same as IL originally
brought in said court
Writs and processes issued by said
court shall be in the usual forms, and
shall be served as like precepts are re-
CURED to be served when issued by trial
justices, except that writs in which the
iebt or damages demanded exceed
twenty dollars, shall be served at least
fourteen DAYS before the sitting Of the
court at which they are made returnable,
and no writ shall be made returnable at
a term of the court to begin more than
sixty DAYS after the commencement of
the action.
All the provisions of the statutes re-
lative to the attachment OF real and
personal property and the levy of execu-
lions, shall be applicable to actions
brought In this court and executions on
-. Id