-actions when dam$20 may ages exceed be removed to supreme judicial court. municipal court of the city of Auburn and the municipal court CHAP. 120 for the city of Lewiston, of all civil actions in which the debt or damages demanded, exceed twenty dollars, but do not exceed three hundred dollars and the defendant or a party summoned as trustee resides within the towns of Livermore, East Livermore or Leeds; provided, however, that any action wherein the debt or damage demanded exceeds twenty dollars, brought in said court, shall be removed by order of the judge into the supreme judicial court, on motion of the defendant, filed at the return term, if he files therewith, at the same time an affidavit that he believes he has a good defense to said action, in whole or in part, and in good faith intends to make such defense, and deposits with the judge the fee of the clerk of the court above for entering said action therein; and when such removal has been ordered, the judge shall file in the supreme judicial court, at its next term in the county, an attested copy of the writ in such action, and of said motion and affidavit, and order of court thereon, and pay to the clerk of said court the fee for entering the same, for which services he shall be entitled to the same fees allowed for the necessary copies in actions carried up by appeal, to be paid to him by the defendant and recovered by him with his costs, if he prevail in the suit. Section.3. Nothing in the foregoing section shall be construed to give said court any authority, exceeding that of trial justices, to hear and determine any civil action in which the title to real estate, according to the pleadings or brief statement filed therein by either party, is in question, but all such actions. brought therein shall be removed to the supreme judicial court in the county, or otherwise disposed of as provided in section four of chapter eighty-three of the revised statutes. Section 4. Said court shall have authority to administer all necessary oaths or affirmations; to adopt an official seal; to hear and determine civil causes before it, and to render judgment therein, and issue execution, upon the same, such executions, except when otherwise provided by law, to have the same force and be satisfied in the same manner as if issued by the supreme judicial court; to compel the attendance of witnesses, and punish persons duly summoned as witnesses, if they refuse or neglect to attend; to make and enforce such rules and regulations not repugnant to law, as may be necessary therein for the prompt administration of justice; and all the provisions of law relating to proceedings and practice in the supreme judicial court, and to the attachment of real or personal estate, the taxation of costs, the rendition of judgments and the issuing, service, satisfaction and return of executions, shall be extended to and apply to said Authority exceed pow shall not ers of trial justices. May administer oaths. -adopt seal. -powers. CHAP. 120 municipal court and to proceedings therein, except so far as such application may be modified by the provisions of this act. Writs and processes, form of. -return of. Terms. -when court -may be adjourned from day to day, if judge is absent. Records kept by judge. Appeals may be taken to supreme judicial court. Section 5. Writs in civil actions commenced in said court shall be in the usual forms, and all such writs and all other precepts and processes, civil or criminal, issued by said court, shall bear teste of the judge under seal of said court, and be signed by the judge. All such writs shall be made returnable at one of the next two terms of said court held after seven days from their date, and service thereof may be made at any time not less than seven days before the return day thereof, except that when any defendant or trustee named in any such writ is a corporation, service upon such corporation must be made at least thirty days before the return day. Section 6. Said court shall be held on the third Tuesday of each month for the entry, trial and determination of civil actions of all kinds that may lawfully be brought before it, and for the transaction of other civil business, and upon each other Tuesday for the entry, trial and determination of actions of forcible entry and detainer only, at ten o'clock in the forenoon, at such suitable place as the judge may determine, until the town of East Livermore shall provide a court room, when the court shall be held therein, and all civil processes shall be made returnable accordingly; and it may be adjourned from time to time by the judge, at his discretion, but it shall be considered in constant session for the cognizance 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 a constable of said East Livermore or a deputy sheriff of the county of Androscoggin, without detriment to any action. then returnable or pending, until he can attend, when said actions may be entered or disposed of with the same effect as if it were the first day of the term; and it may be so adjourned without day when necessary, in which event, pending actions shall be considered as continued, and actions then returnable may be returned and entered at the next term, with the same effect as if originally made returnable at said term. Section 7. It shall be the duty of said judge of said court to make and to keep the records thereof or cause the same to be made and kept, and to perform all other duties required of similar tribunals in this state; and copies of said records, duly certified by said judge, shall be legal evidence in all courts. Section 8. Any party may appeal from any judgment or sentence of said court, to the supreme judicial court, in the same manner as from a judgment or sentence of a trial justice. CHAP. 120 When ac tions shall be entered. fendant Section 9. Actions in said court shall be entered on the first day of the term, and not afterwards, except by special permission. When a defendant, legally. served, fails to enter his appearance, by himself, or his attorney, on the first three days of the return term, he may be defaulted, but if he afterwards appear during the term, the court may for sufficient cause per- —when demit the default to be taken off. Pleas and motions in abatement must be filed on one of the first two days of the term to which the action is returnable. The defendant may file his pleadings in bar, which shall be general issue, with a brief statement of special matters of defense, on the return day of the writ, and must file them on or before the first day of the next term, or he shall be defaulted, unless the court, for good cause, enlarge the time, for which it may impose reasonable terms. Actions in which the defendant files his pleadings on the return day, and pleadings all actions of forcible entry and detainer seasonably answered filed. to shall be in order for trial at the return term, and shall remain so until tried or otherwise finally disposed of, unless continued by consent, or on motion of either party, for good cause, in which latter case the court may impose such terms as it deems reasonable; but all other actions, unless defaulted or otherwise finally disposed of, shall be continued as of course, and be in order for trial at the next term. -when may be in actions of forcible entry and detainer by shall be the defendant, general issue. Section 10. In actions of forcible entry and detainer brought Pleadings in said court, the defendant's pleading in bar shall be the general issue with a brief statement of any special matters of defense, and must be filed within the first two days of the return term, or the defendant shall be defaulted unless the court enlarge the time, for which it may impose terms. All actions of forcible entry and detainer, and any other action in which either party shall have given written notice to the adverse party ten days before the return day that he desires a trial at the first term, shall be in order for trial at the return term, and so remain until tried or otherwise finally disposed of unless continued by consent, or on motion of either party for good cause, in which latter case the court may impose reasonable terms, but all other actions not defaulted or otherwise finally disposed of, shall be continued as of course, and be in order for trial at the next term. Section II. The costs and fees allowed to parties, attorneys and witnesses in all civil actions in said court, in which the debt or damage demanded does not exceed twenty dollars, including actions of forcible entry and detainer, shall be the same allowed by trial justices in like actions before them, except that the plaintiff, if he prevail, shall be allowed two dollars for his writ, and the defendant, if he prevail, two dollars for his pleadings, Costs and lowed parwitnesses. fees al ties and CHAP. 120 but in actions in which the debt or damage demanded exceeds twenty dollars, the costs and fees shall be the same as allowed in the supreme judicial court in like actions, except that the defendant, if he prevail, shall be allowed two dollars for his pleadings, and that witnesses shall be allowed one dollar per day, and travel as in other cases. Fees of judge. Fines, how disposed of. Town shall provide court room, etc. Jurisdiction of trial justices, restricted. Section 12. The judge of said court may tax and shall be allowed for his services in a civil action the same fees, the trial fee excepted, allowed by law to trial justices, for like services and at the same rates, except that he shall be entitled to sixty cents for entering and recording an action, and twenty-five cents for taxing the costs, said fees to be paid him by the party at whose instance the services were performed, and taxed with the costs of such party if he prevail in the suit. For his services in criminal proceedings he shall be entitled to seventy-five cents for entering complaint, swearing witnesses, filing papers, and certifying costs to the county commissioners, forty cents for taxing the costs and recording judgment, ten cents for each subpoena, twenty-five cents for each mittimus and each recognizance, fifty cents for making and recording each libel of intoxicating liquors, and twenty-five.cents for each order to destroy or to restore such liquors, said fees to be taxed in the bills of costs, and unless paid into court, to be allowed by the county commissioners, and paid by the county treasurer, as provided by law in relation to other criminal expenses. Section 13. The judge shall receive all fines, forfeitures and costs paid into court in criminal proceedings, and may retain from such costs his own fees, but shall pay over all other fees to the persons to whom they were allowed when called for, if called for within one year. All fines and forfeitures received by him, and all fees so received but not seasonably called for, he shall account for and pay over at the time and in the manner required by law, but no account required by this section shall be deemed sufficient unless verified by oath of the judge. Section 14. It shall be the duty of the town of East Livermore to provide a suitable court room, conveniently situated and appropriately fitted up and furnished, in which to hold said court, and keep the same in 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 town is hereby authorized to appropriate money therefor. Section 15. Trial justices are hereby restricted from exercising any jurisdiction in the towns of Livermore, East Livermore and Leeds over any matter or thing, civil or criminal, except such as are within the jurisdiction of justices of the CHAP. 121 peace and quorum and except that they may issue warrants on complaints for criminal offenses, to be returned before said municipal court. Inconsis Section 16. All acts and parts of acts, inconsistent with this tent acts, act, are hereby repealed. Section 17. This act shall take effect when approved. Approved March 10, 1899. repealed. Chapter 121. An Act to amend an act entitled "An Act to annex Franklin Plantation in the County of Oxford to the towns of Rumford and Peru," approved by the governor, February twenty-one, in the year of our Lord one thousand eight hundred and ninety-nine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section four of an act entitled "An Act to annex Franklin Plantation in the County of Oxford to the towns of Rumford and Peru, approved by the Governor, February twentyone, in the year of our Lord one thousand eight hundred and ninety-nine," is hereby amended, so that said section shall read as follows: 'Section 4. The assessors of said plantation for the year eighteen hundred and ninety-eight at any time prior to December one, eighteen hundred and ninety-nine, are authorized to call a meeting of the inhabitants of said Franklin plantation as they existed prior to February twenty-one, eighteen hundred and ninety-nine, and at such meeting said inhabitants may raise by assessment on the real and personal estate therein based on the valuation of eighteen hundred and ninety-eight such sum of money as may be needed to pay any indebtedness of said Franklin plantation that the assessors may find due in the final closing up of its affairs. The present assessors, treasurer, clerk and tax collector of said Franklin plantation shall hold their present offices for the purpose of collecting taxes so assessed as well as those now due, and the payment of all its debts as though this act had not passed, and the acts of said inhabitants at any plantation meeting heretofore or hereafter called and held to raise money to pay its said indebtedness are hereby declared legal and valid.' Section 2. This act shall take effect when approved. Approved March 11, 1899. Act amended. May raise pay indebtedness. money to -present of hold office, of paying ficers shall for purpose debt. |