waste by execistrator, Justice may proceed as C. C. C. Pleas may in such SEC. 14. Be it further enacted, That when an executor or in case of administrator shall be guilty of committing waste, whereby utor or adminhe is rendered unable to pay the judgment recovered before any Justice of the Peace, against the goods and estate of the deceased in his hands, out of the same, the Justice may proceed against the proper goods and estate of such executor or administrator, in the same manner as the Circuit Court of Common Pleas are empowered to do. cases. Justice to keep proceedings. given by him is Justice to whom SEC. 15. Be it further enacted, That each Justice of the Peace shall keep a fair record of all his proceedings; and record of his when any Justice of the Peace shall die before a judgment When Justice given by him is paid and satisfied, it shall be in the power of shall die before any Justice of the Peace in the same county to grant a scire judgment facias upon the same judgment, to the party against whom satisfied, what proceedings to such judgment was rendered up, for him to show cause if any be had. he hath, why execution should not be issued against him. And although the costs and debt awarded by the deceased Justice when added together, shall amount to more than twenty dollars, it shall be no bar upon such scire facias, but judgment shall be given thereon for the whole debt and cost, together with the cost arising upon the scire facias. Provided always, That either party may appeal from the judgment as Appeal allowed in other personal actions, where judgment is given by a Jus- to either party. tice of the Peace. And every Justice of the Peace who shall have complaint made to him, that a judgment given by a Justice of the same county then deceased, remains unsatisfied, shall issue his summons to the person in whose possession the record of the same judgment is, directing him to bring and to produce to him the same record; and if such person shall contemptuously refuse to produce the same record, or shall refuse Punishment for to be examined respecting the same, upon oath, the Justice may punish the contempt by imprisonment, until he shall produce the same, or until he submits to be examined as afore- Duty of the said; and when the Justice is possessed of such record, he the record is shall transcribe the same upon his own book of records, be- produced, to fore he shall issue his scire facias; and shall deliver the orig- into his own inal back again to the person who shall have produced it, and Copy of such a copy of such transcription, attested by the transcribing Jus- evidence. tice, shall be allowed in evidence in all cases, where an authenticated copy of the orignal might be received. complaint is made in such cases, may sum mon the person record to pro possessing the duce it. refusal so to do. Justice when transcribe it records. transcript to be commissions under a new SEC. 16. Be it further enacted, That all Justices of the Justices, whose Peace before whom actions may be commenced under for- expire before judgment or mer commissions, and such commissions shall expire before satisfaction, judgment shall be rendered thereon, or judgment being ren- may proceed, dered, the same remains in whole or in part unsatisfied, such commission, if seasonably ob Justices of the Peace who shall hereafter have their said tained, to ren der judgment, commissions seasonably renewed, and being duly qualified &c. agreeably to the Constitution of this State, to act under such commissions, be and they hereby are authorized and empowered to render judgment, and issue execution on all such ac Justices may tions, commenced as aforesaid, in the same manner as if the commissions under which such actions may be commenced, were in full force. [Approved March 15, 1821.] :00: CHAPTER LXXVII. An Act providing a speedy Method of recovering Debts, and for preventing unnecessary costs attending the same. SEC. 1. BE it enacted by the Senate and House of Representatake recogniz. lives, in Legislature assembled, That every Justice of the Peace ances for debis. in this State shall have power within his county to take recognizances for the payment of debts of any person who shall come before him for that purpose: which recognizance may be in substance as follows: nizance. Know all men, that I, A. B. of in the County of the sum of , to be paid to the ; and if I shall fail of day of Form of recog do owe unto C. D. of said C. D. on the the payment of the debt aforesaid, by the time aforesaid, I will and grant that the said debt shall be levied of my goods and chattels, lands and tenements, and in want thereof of my To be recorded by the Justice. issue thereon body. Dated at this day of , in the year of our Witness, my hand and seal Lord A. B. ss. Acknowledged the day and year last abovesaid. Before E. F. Justice of the Peace. SEC. 2. Be it further enacted, That every Justice of the Peace taking any such recognizance, shall immediately record the same at large in a book to be kept by him for that purpose; and after the same is recorded, may deliver it to Execution may the Conusee; and upon the Conusee's lodging the same with the said Justice, at any time within three years from the time when the same is payable, and requesting a writ of execu tion, it shall be the duty of such Justice to issue a writ of execution thereon for such sum as shall appear to be due on the same; which writ of execution shall be in substance as follows: within 3 years. Form of execution. State of Maine. on the. before E. F. Esq. one of the Justices of the Peace for the said County of acknowledged that he was indebted to C. D. of in the county of in the sum of which he ought to have paid on the day of remains unpaid as it is said : We command you therefore, that of the goods, chattels or real estate of the said A. B. within your precinct, you cause to be paid and satisfied unto the said C. D. at the value , and for this thereof in money, the sum last abovesaid, with the day of ty of officer in serving it. Which writ of execution the said Justice is authorized to Power and dudirect to any proper officer or officers in any county in this State; who are hereby required to execute the same according to the precept thereof. And all such officers are hereby declared liable for any malfeasance or misfeasance of which they may be guilty in relation to any such execution which may be delivered to them; which execution said Justice is Renewable in authorized to renew at any time within one year from the one year. time the last execution was returnable. sue on recogniz. cases. SEC. 3. Be it further enacted, That whenever three years Conusee may shall have elapsed after the time of payment limited by any ance in certain such recognizance without any execution having been issued on the same, or whenever the Justice who took the same shall have deceased or removed from the State or become otherwise disqualified, the Conusee may have his action of debt on the same, in the same manner as a creditor is entitled to have his action on any judgment of any Court of record in this State. X [Approved January 27, 1821. An Act for rendering the decision of Civil Causes as speedy and as little ex pensive as possible. pute may refer rule before Jus ice of the Peace. SEC. 1. BE it enacted by the Senate and House of Representa- persons having tives, in Legislature assembled, That when any persons who matter in dis may have a dispute, of what nature soever, shall agree to the same by have the dispute determined by referees mutually chosen by the parties for the purpose, it shall and may be lawful for the person or persons making the demand in the action, to make out a particular statement thereof under his or their hands in writing, and to lodge the same with some one Justice of the Peace; and the said Justice of the Peace, upon application of the parties for the purpose, shall make out an agreement to be + The S. its ham de a dez of dist lol the copération of the Form of sub mission, annexed to the aforesaid demand, and to be by them or their lawful agents or attornies, subscribed, and acknowledged in substance as follows: in the County of S 182. Town of A Know all men, that A. B. of in the County of [addi tion] and C. D. of in the County of [addition] have agreed to submit the demand made by the said A. B. against the said C. D. which is hereunto annexed, (and all other demands, as the case may be,) to the determination of E. F. G. H. and I. K. the report of whom, or the major part of whom, being made as soon as may be to any Circuit Court of Common Pleas, to be holden in and for the said County of S judgment thereon to be final. And if either of the parties shall neglect to appear before the referees, after proper notice being given them, of the time and place appointed by the referees, for hearing the parties in this action, the referees shall have power to proceed ex parte. A. B. C. D.-S—— ss.—182 . and acknowl- Then the above named A. B. and C. D. personally appeared, and acknowledged the above instrument by them subscribed to be their free act. Before me, L. M. Justice of the Peace. edgment. Report to be C. C. C. Pleas. SEC. 2. Be it further enacted, That the determination of made to next the referees who may be appointed agreeably to this Act, shall be made to the next Circuit Court of Common Pleas, to be holden in and for the county in which the Justice of the Peace may have lived at the time he issued the agreement as aforesaid; and the Circuit Court of Common Pleas to whom the report of the referees may be made as aforesaid, shall have cognizance thereof in the same way and manner, and the same doings shall be had thereon, as though the same had been made by referees appointed by a rule of the same Court. Report may by SEC. 3. Be it further enacted, That where the parties shall consent of par- agree that the determination of the referees may be made ties be mathem known, prior to its being made to the Circuit Court of Combefore Court; mon Pleas as aforesaid, it shall and may be lawful for the known to and sum awarded paid. Power of ref. erees. referees to make known the determination to the parties, without its affecting in any degree the validity thereof; and if the determination shall be so made known to the parties, it shall and may be lawful for the party who may be found indebted agreeably to the determination aforesaid, to discharge him or themselves therefrom, and thereby prevent any further process thereon, by paying the same unto the person or persons to whom it may be so awarded. SEC. 4. Be it further enacted, That the referees who may be appointed in pursuance of this Act, shall be vested with all the authority, which is possessed by referees appointed by a rule of Court. And witnesses shall be summoned to appear before them, and be sworn in the same manner as witnesses before referees appointed by a rule of Court as aforesaid. SEC. 5. Be it further enacted, That upon any report of reports of ref final. referees returned into any Circuit Court of Common Pleas, Judgment on in pursuance of this Act, and also upon any report made by ereas to be referees appointed by a rule of any Circuit Court of Common Pleas, wherein it is agreed, at the time of entering into such rule, that the report of said referees shall be final, the judg ment of said Circuit Court of Common Pleas, shall be final accordingly. [Approved January 27, 1821.] :00: CHAPTER LXXIX. An Act directing the proceedings against Forcible Entry and Detainer. may inquire SEC. 1. BE it enacted by the Senate and House of Represent- Two Justices. atives, in Legislature assembled, That two Justices of the Peace, quorum unus, quorum unus, shall have authority to inquire by a Jury, as and decide by hereinafter directed, as well against those who make unlawful Jury. and forcible entry into lands or tenements and with a strong hand detain the same, as against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same; and if it be found upon such inquiry, that an unlawful and forcible entry hath been made, and that the same lands or tenements are held and detained with force and strong hand, or that the same after a lawful entry are held unlawfully and with force and a strong hand, then that such Justices shall cause the party complaining to have restitution thereof. ceeding on Justices. pannelled. SEC. 2. Be it further enacted, That when complaint shall Mode of probe formally made in writing to any two Justices of the Peace, complaint to quorum unus, of any unlawful and forcible entry into any lands or tenements and detainer as aforesaid, or of any unlawful and forcible detainer of the same after a peaceable entry, they shall make out their warrant under their hands and seal, directed to the Sheriff of the same county or his deputy, commanding him in behalf of the State, to cause to come before them, twelve good and lawful men of the same county, and they shall be empannelled to inquire into the forcible en- Jury to be em try or forcible detainer complained of, which warrant shall be in the form prescribed by law; and the said Justices shall Suminons to ismake out their summons to the party complained against, in complained form prescribed by law. Which summons shall be served upon the party complained against, or a copy thereof left at Mode of ser his usual place of abode, seven days before the day appoint- vice, &c. ed by the Justices for the trial; and if after the service of such summons, the party does not appear to defend, the Justices shall proceed to the inquiry in the same manner as if he was present; and when the Jury shall appear, and shall have elected a foreman as in other cases, the Justices shall lay before the Jury the exhibited complaint and shall administer the following oath to them, viz: sue to party against. |