ces. ent with the provisions of this Act, be, and the same are hereby repealed. [Approved June 27, 1820.] :00: CHAPTER LXXIV. An Act to alter the time for holding the Court of Sessions for the county of Oxford. BE it enacted by the Senate and House of Representa tives, in Legislature assembled, That from and after the passing of this Act, the times for holding the several terms of the Court of Sessions within the county of Oxford, instead of the times now designated by law, shall be and hereby are established as follows, viz.-At Paris, on the third Tuesday of June, and the second Tuesday of October, annually. [Approved March 19, 1821.] 303 CHAPTER LXXV. An Act determining the times and places for holding the Circuit Court of Common Pleas in the county of York. SEC. 1. BE it enacted by the Senate and House of Repre Times and pla-sentatives, in Legislature assembled, That from and after the passing of this Act, the times for holding the Circuit Court of Common Pleas, within and for the county of York, shall be as follows, to wit:-At Alfred, on the second Monday of February; at York, on the last Monday of May; and at Alfred, on the fourth Monday of September, annually. Saving clause SEC. 2. Be it further enacted, That all writs, recogniz depending, &c. ances, warrants, complaints, appeals, and every other process, matter or thing, which, before the passing of this Act, might or ought to be returned to, or entered at the Court aforesaid, at any time heretofore appointed for holding the same, and which is altered by this Act; and all parties and persons who have been or may be required to appear and attend at the aforesaid times; and all actions, suits, matters and things, which may be pending in the said Court, at the times aforesaid, shall be returned to, entered at, appear, attend and have day, and be tried and determined in the said Court, at the times and places appointed by this Act; and all laws heretofore passed in any manner repugnant to, or inconsistent with, the provisions of this Act, are hereby repealed. [Approved March 17, 1821.] CHAPTER LXXVI. An Act describing the power of Justices of the Peace in Civil and tices of the duty in crimin. resting, trying. committing of SEC. 1. BE it enacted by the Senate, and House of Repre- General jurissentatives, in Legislature assembled, That it shall be within diction of Jus the power, and be the duty of every Justice of the Peace Peace, and their within his county, to punish by fine not exceeding five dol- al cases. in arlars, all assaults and batteries that are not of a high and ag-recognizing and gravated nature, and to examine into all homicides, mur-tenders. ders, treasons, and felonies done and committed in his county, and commit to prison all persons guilty, or suspected to be guilty of manslaughter, murder, treason or other capital offence; and to cause to be staid and arrested, all affrayers, rioters, disturbers or breakers of the peace, and such as shall ride or go armed offensively, to the fear or terror of the good citizens of this State, or such others as may utter any menaces or threatening speeches; and upon view of such Justice, confession of the delinquent, or other legal conviction of any such offence, shall require of the offender to find sureties to appear and answer for his offence, at the Supreme Judicial Court, or Circuit Court of Common Pleas, next to be held within or for the same county, at the discretion of the Justice, and as the nature or circumstances of the case may require ; and for his keeping the peace, and being of the good behaviour, until the sitting of the Court he is to appear before; and to hold to bail all persons guilty or suspected to be guilty of lesser offences which are not cognizable by a Justice of the Peace; and require sureties for the good behaviour of dangerous and disorderly persons; and commit all such persons as shall refuse so to recognize, and find such surety or sureties as aforesaid; and take cognizance of, or examine into all other crimes, matters and offences, which by particular laws are put within his jurisdiction. bye-laws of prosecuted be SEC. 2. Be it further enacted, That all fines and forfeitures Breaches of the accruing for the breach of any bye-law, in any town within towns may be this State, may be prosecuted for, and recovered before any fore Justices of Justice of the Peace in the town or county where the offence the Peace. shall be committed, by complaint or information, in the same way and manner other criminal offences are prosecuted before the Justices of the Peace within this State. grieved may C. Court of SEC. 3. Be it further enacted, That any person aggrieved Persons ag at the sentence given against him, by any justice of the Peace, appeal to the may appeal therefrom to the next Circuit Court of Common Com. Pleas. Pleas to be held within the same county, and shall, before his appeal is granted, recognize to the State in such reasonable Must recognize sum, not less than twenty dollars, as the Justice shall order, with sufficient surety or sureties for his prosecuting his appeal; and shall be held to produce the copy of the whole process, copies of case and all writings filed before the Justice, at the Court appeal- at C. C. Com with sureties, and produce mon Plas. ecute his ap fault to be entered. Failing to prosed to. And if he shall not there prosecute his appeal, and peal, bis de produce the copies as aforesaid, the Court shall order his default to be noted upon their record. And the said Court may order the same case to be laid before the Grand Jury, or may der such case issue an attachment against the body of such appellant, and fore Grand Ju- cause him thereby to be brought before them, and when he ry, or arrest is so in Court, shall affirm the sentence of the Justice against affirm sentence, him, with all additional costs. Court may or to be laid be &c. command assistance of ties and con SEC. 4. Be it further enacted, That each Justice shall have Justices may authority to command the assistance of every Sheriff, Deputy Sheriff, Constable, and all other persons present at any affray, sheriff, depu riot, assault or battery, and may fine any person refusing stables at riots, such assistance, in a sum not exceeding six dollars; to be disposed of for the use of the town where the offence shall be committed; and levied by warrant of distress on the offender's goods and chattels, and for want thercof on his body. affrays, &c. Justices may, on their own view, (in ab sence of sheriff, deputies or con stables,) require any per heud offenders. SEC. 5. Be it further enacted, That any Justice of the Peace for the preservation thereof, or upon view of the breach thereof, or upon view of any other transgression of law, proper to his cognizance, done or committed by any person or persons son to appre whatever, shall have authority, (in the absence of the Sheriff, Deputy Sheriff or Constable,) to require any person or persons to apprehend and bring before him such offender or ofPenalty for re-fenders. And every person so required, who shall refuse or such Justice. neglect to obey the said Justice, shall be punished in the same manner as for refusing or neglecting to assist any Sheriff, Deputy Sheriff or Constable in the execution of his office as aforeIf the Justice said. And no person who shall refuse or neglect to obey such declarede Justice, to whom he shall be known, or declare himself to be his office not a Justice of the Peace, shall be admitted to plead excuse on any pretence of ignorance of his office. fusing to obey be known or admissible. Justices may grant subpoe cases: But not on be half of the SEC. 6. Be it further enacted, That Justices of the Peace. nas for witnes- Within their respective counties, be, and they are hereby auses in criminal thorized and empowered to grant subpoenas for witnesses in all criminal causes pending before the Supreme Judicial Court and Circuit Court of Common Pleas, and before themselves or any other Justice: Provided, That no Justice of the Peace State without shall grant subpoenas for witnesses to appear in any Court, torney Gener except before himself, to testify on behalf of the State, unless Attorney, ex by the request of the Attorney General or County Attorney. And all Sheriffs, Constables and other officers are directed and empowered to serve any warrant issuing from a Justice of the Peace. consent of At al, or County cept before himself. Justices to ac count annually ty Treasurers for SEC. 7. Be it further enacted, That the Justices of the to State, Coun- Peace shall account annually with the Treasurer of the State, y and Town, the Treasurer of their respective counties, and the town Treaall fines, &c. surer, as the case may be, for all fines by them received or imposed, upon pain of forfeiting the sum of thirty dollars, to be sued for and recovered by the Treasurer of the State, the county or town Treasurer for the time being, to which the said fines may respectively belong, Penalty for neglect. diction in civil title to real es question,) to SEC. 8. Be it further enacted, That all civil actions, where- Justice's jurisin the debt or damage does not exceed twenty dollars, (and actions, (where wherein the title of real estate is not in question, and special- tate is not in ly pleaded by the defendant,) shall, and may be heard, tried, extend to 20 adjudged and determined by any Justice of the Peace within dollars. his county; and the Justices are severally empowered to grant Justices may is summons, capias and attachment, at the request of any per- capias, attach son applying for the same, directed to some proper officer ment, &c. within the same county, empowered by law to execute the same. sue summons, seven days be fore Justice. Judgment, &c. vail. And such summons or capias and attachment shall be to be served duly served by such officer, seven days at the least before the fore trial. day therein set for trial, otherwise the party sued shall not be held to answer thereon; and if after such process shall be Proceedings be duly served, the party sued, after being duly called, shall not appear to answer to the same suit, the charge against him in the declaration shall be taken to be true, and the Justice shall give judgment against him for such damages as he shall find if plaintiff pre the plaintiff to have sustained, with costs; and if the person sued shall appear to defend the suit or oppose the same, the Justice shall award such damages as he shall find the plaintiff. to have sustained: Provided, That no more damages than the exceed 20 dol sum of twenty dollars shall be awarded in any action originally brought or tried before a Justice of the Peace; but if the Judgment in plaintiff shall not support his action, shall fail to prosecute, or prevail. become nonsuit, the Justice shall award to the party sued, his reasonable costs, taxed as the law directs. And upon all Execution. judgments given by a Justice of the Peace in civil actions, he shall award execution thereon in form by law prescribed. Damages not to lars. case defendans where ad exceed 20 SEC. 9. Be it further enacted, That the amount of the sum Justice to have or several sums, specified, expressed or supposed to be de-diction manded by the plaintiff in his declaration, shall not be con-damnum doce sidered as any objection against the Justice's jurisdiction, pro- dollars. vided the ad damnum, or damage is not laid or stated to exceed twenty dollars. ed may appeal Pleas. nize to prose SEC. 10. Be it further enacted, That any party aggrieved Party aggriev at the judgment of any Justice of the Peace, in a civil action, to C. C. Comwhere both parties have appeared and plead, may appeal therefrom to the next Circuit Court of Common Pleas to be held within the same county; and shall before his appeal is-Must recogallowed, recognize with a surety or sureties, in such reasona- cute. ble sum as the Justice shall order, not exceeding thirty dollars, to pay all intervening damages and costs, and to prosecute his appeal with effect; and shall be held to produce a copy of the whole case, at the Court appealed to, and both pies at C. C. C. parties shall be allowed to offer any evidence upon the trial Proceedings in at the Circuit Court of Common Pleas, in the same manner as if the cause had been originally commenced there. And no other appeal shall be had on such action after one trial at the peal. Circuit Court of Common Pleas. And the Circuit Court of Defendant in Common Pleas, when any person recognized as before men- to bring for and produce co Peas. that Court. No further ap trespass failing ward the ac tion according nizance.-- Plain tiff to have his damages. tioned to bring forward an action of trespass, doth neglect to to his recog do it, upon complaint thereof made in writing by the plaintiff, shall give judgment for such sum in damages, as the plaintiff hath declared for, together with all reasonable costs which accrued both in the same Court and before the Justice. And Appellant fail- the Circuit Court of Common Pleas shall, when any appellant thereto shall fail to prosecute his appeal, or if he shall neglect to produce a copy of the case, affirm the former judgment upon the appellee's complaint, and award such additional damages as shall have arisen in consequence of the said appeal, and ing to prose. ente, on com plaint judg ment may be affirmed. In action of trespass when defendant pleads tile to mode of pra real estate ceeding before Justice. cost. SEC. 11. Be it further enacted, That when an action of trespass shall be brought before any Justice of the Peace, and the defendant shall plead the general issue, he shall not be allowed to offer any evidence that may bring the title of real estate in question. And when the defendant in any such action shall plead the title of himself or any other person in justification, the Justice upon having such plea plead, shall order the defendant to recognize to the adverse party in a reasonable sum, with sufficient surety or sureties to enter the said action at the next Circuit Court of Common Pleas to be holden within the same county, and to prosecute the same in the same manner as upon an appeal from a Justice's judgment; and if such pleader shall refuse so to recognize, the Justice shall render judgment against him, in the same manner as if he had refused to make answer to the same suit. And either party in such cause, shall be allowed to appeal from the judg Peso S. Sment of the Circuit Court of Common Pleas, in the same manner as if the suit had been originally commenced there. Appeal allowed in such cases from C. C. Court. General issue in all actions and special SEC. 12. Be it further enacted, That in all civil actions triamay be plead ble before a Justice of the Peace, except such actions of tresbefore Justices pass wherein the defendant means to avail himself, by pleadmatter given in ing the title of himself or any other person under whom he evidence except claims in justification of the trespass or trespasses alleged to real estate is be committed on real estate; the defendant shall be entitled to all evidence, under the general issue, which by law he might avail himself of under any special plea in excuse or justification, any law, usage or custom to the contrary notwithstanding. where title to relied on by defendant. Justices may grant subp actions. SEC. 13. Be it further enacted, That each Justice of the was in all civil Peace may grant subpoenas for witnesses in all civil actions and causes pending before the Supreme Judicial Court, Circuit Court of Common Pleas, Court of Sessions, and before him or any other Justices, and in all civil actions and causes. May adjourn pending before arbitrators or referees. And every Justice of proclamation: the Peace shall have power by public proclamation to adjourn the trial of any action brought before him, from time to time, when equity may require it; but he shall not be of counsel to either party, or undertake to advise or assist any party in suit before him. their Courts by to in any suit be fure himself. |