STATE OF MAINE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-THREE. AN ACT increasing the jurisdiction of Justices of the Peace in civil actions, and establishing courts of trial, in each city, town and plantation, in this State. Be it enacted by the Senate and House of Representa2 tives in Legislature assembled—as follows: 3 SECTION 1. That there be and hereby is established 4 in every city, town and plantation in this State, one 5 or more and not exceeding three courts of trials, each 6 court to consist of one justice of the peace, who shall 7 have cognizance of, and exercise jurisdiction over, all 8 actions civil and criminal within the city, town or 9 plantation, in which such court or courts are estab10 lished, and that said justice shall keep fair records of 11 his proceedings, and deliver fair copies thereof when 12 required; which being duly certified shall be evidence 13 of such records in any other court. SEC. 2. Every city, town, and plantation in this 2 State shall at their annual meeting in the month of 3 March or April of each year, select by ballot one or 4 more and not exceeding three suitable persons, justi 5 ces of the peace, and citizens of such city, town or 6 plantation, who shall be justices of said courts of trials, 7 and before whom all actions, civil and criminal, within 8 said city, town or plantation shall be brought, and if 9 any other justice of the peace within said city, town or 10 plantation shall take cognizance of, or exercise juris11 diction over any crime or offence, or in any civil ac12 tion wherein the justice so selected is not a party or 13 interested, and shall accept any fee or reward therefor, 14 he shall forfeit and pay to the use of such city, town 15 or plantation twenty dollars, to be recovered by infor16 mation in any court proper to try the same. SEC. 3. If any city, town, or plantation shall ne2 glect, or refuse to select one or more justices of trials, 3 at their annual meeting, in March or April, then the 4 mayor of such city, selectmen of such town, or asses5 sors of such plantation, as the case may be, shall se6 lect one or more such justices, and in case of any 7 vacancy during the year, such mayor, selectmen or 8 assessors may in like manner select a person to fill 9 said vacancy, who shall preside in such court in the 10 same manner, as if selected by the said city, town or 11 plantation. SEC. 4. All justices of the peace so selected, shall 2 have power to hold a court within said city, town or 3 plantation, and may hear and decide causes at their 4 dwelling house, office, or any other suitable place, and 5 the writ in such cases, shall be made returnable ac6 cordingly. SEC. 5. Every justice of the peace within this State, 2 shall have original and exclusive jurisdiction of all 3 civil actions, wherein the debt, or damage demanded 4 does not exceed one hundred dollars; and is author5 ized to accept and record a confession of any debt to 6 a creditor, made by a debtor personally, either with or 7 without process, as the parties shall agree, and render 8 judgment on such confession. SEC. 6. The writ in civil actions and service thereof 2 shall be the same as now provided by law, except, when 3 served in a different county than that in which it is 4 returnable; it shall be served at least fourteen days 5 before trial. SEC. 7. Demands in set-off, may be filed on the day 2 of trial, in the way and manner provided in chapter 3 115 of the revised statutes. SEC. 8. Suits before a justice of the peace, must 2 be made returnable within the city town or plantation 3 where the plaintiff or defendant resides, if there shall 4 be any such justice within such city, town or planta5 tion; but if there shall not be any such justice within 6 such city, town or plantation, then said summons may 7 be returned and tried in the adjoining or nearest city, 8 town or plantation where such justice may be found, 9 within said county, if either party be an inhabitant of 10 this State. SEC. 9. If neither party be an inhabitant this State 2 the cause may be commenced and tried in any city, 3 town or plantation within the State. |