CHAP. 178 be referred. Section 7. Actions pending in this court may be referred tc one referee in the same manner as in the supreme judicial Actions may court, and on the report of the referee to said court, judgment may be rendered in the same manner, and with like effect as in the supreme judicial court. Exceptions may be alleged, and cases certified on an agreed -exceptions. statement of facts, or upon evidence reported by the judge in all civil actions, as in the supreme judicial court, and the same shall be entered, heard and determined in the law term thereof, as if the same had originated in the supreme judicial court for the county of Aroostook; and decisions of the law court in such cases, shall be certified to the judge of said municipal court for final disposition, with the same effect as in cases originating in said supreme judicial court. of real and property. Section 8. All the provisions of the statutes of this state, Attachments relative to the attachment of real and personal property, and personal the levy of executions, shall be applicable to actions in this court, provided that property may be attached equal in value double the ad damnum, and provided also that no execution shall be levied on real estate, unless the debt or damage therein exceed the sum of twenty dollars. Section 9. Said court is hereby authorized to administer oaths, render judgments, issue executions, certify copies of its records, punish for contempt, and compel attendance as in the supreme judicial court, and to make all such rules and regulations, not repugnant to law, as may be necessary for the prompt administration of justice and for the carrying into effect of the provisions of this act. Court may administer oaths, etc. punish for contempt. -make rules. Price of Section 10. The price of blank writs with the seal of the court signed by the judge or by the recorder, shall be four writs. cents and all other fees in civil cases shall be the same as are taxable by a trial justice except as otherwise provided in sections five and six. -all writs and processes shall be in All writs and processes in civil matters shall be in the name of the state, be served in time and manner as now provided by law in case of writs issued by trial justices, except that writs name of state. in which the debt or damage demanded exceed twenty dollars, shall be served in time and manner as similar writs returnable to the supreme judicial court, and no writ shall be made returnable at a term of the court to begin more than three months after the commencement of the action. court. Section II. The terms of said court for the transaction of Terms of civil business shall be held as follows, to wit: In the town of Van Buren on the second Tuesday of the months of January, March, May, July, September and November, and in the town CHAP. 178 -in Fort Kent. -civil actions, when entered. Recorder may act in absence of judge. -judge may appoint recorder. -trial justice may preside of Fort Kent on the second Tuesday of the months of February, April, June, August, October and December, at ten o'clock in the forenoon, and said court may adjourn from time to time. All civil actions in said court shall be entered on the first day of the term and not afterward, except by special permission; and they shall be in order for trial, except actions of forcible entry and detainer and at the next regular monthly term after the entry if not otherwise disposed of. When a defendant legally summoned fails to enter his appearance by himself or his attorney before twelve o'clock, noon, on the first day of the return term, he shall be defaulted; but if he afterward appear during said term the court may for sufficient cause permit the default to be taken off. Judgment in such actions may be entered on the day when the same are defaulted, or heard and determined; and also, that for the cognizance of criminal offenses, said court shall be considered in constant session. Pleadings shall be the same as in the supreme judicial court, and all provisions of law relative to the practice and proceedings in civil actions, in the supreme judicial court, are hereby made applicable and extended to this court, except so far as they are modified by the provisions of this act. Section 12. When the judge is absent from the court room, or is interested, it shall be the duty of the recorder, and he shall have the authority to exercise all the powers of the judge. In case of the absence of the recorder, or a vacancy in his said office, the judge may appoint a recorder who shall be sworn by said judge, and act during his absence, or until the vacancy is filled. If the judge and recorder are both necessarily absent, the in absence of judge may designate some trial justice in said county to perform the duties of the recorder; and if said judge shall not so designate a trial justice, the recorder may designate one. judge and recorder. Recorder shall keep records, etc. -all processes shall bear seal of court. Section 13. The recorder shall record the doings of said court and shall have the power to administer oaths; he shall hear complaints in criminal matters and in accusations of bastardy, draw complaints and sign warrants, take bail and make and sign processes of commitment, but the same shall be heard and determined as now provided by law; such bail may be taken by the judge, and such complaints, accusations, warrants, and processes of commitment, drawn and signed by the judge of said court, shall be equally valid. All processes issued by said recorder or said judge in criminal matters shall have the seal of said court and may be signed by said recorder and have the same authority as if issued and signed by said judge. CHAP. 178 Court shall quarters pro vided Section 14. Said court shall be held in the said towns of Van Buren and Fort Kent at such places and in such quarters as be held in shall be provided by the county commissioners of said county by of Aroostook at the expense of said county, and all expenses county comof said court, including blank books of records, dockets and blanks necessary for the use of said court shall be paid from the treasury of the county of Aroostook. missioners. judge. -condition. Section 15. The judge of said court shall receive as com- Salary of pensation a salary of ten hundred dollars a year; and the recorder shall receive a salary of two hundred dollars a year to of recorder. be paid quarterly from the treasury of the county of Aroostook. A condition precedent to the payment of said salaries as aforesaid shall be the rendering by said judge and recorder of a correct statement, to the county commissioners of said county of Aroostook, and the payment over by said judge and recorder to the county treasurer, of all fees both civil and criminal, collected by said court for preceding quarter or fractional part thereof. penalties. -shall be paid to judge Section 16. All fines, penalties and costs paid into said court, Fines and upon convictions and sentences in criminal matters, together with all fees allowed by law in the transaction of criminal and civil business, shall be paid to said judge or recorder; and all or recorder. costs in criminal cases shall be taxed the same as in trial justice courts, except that every warrant issued by said court shall be taxed at one dollar. Section 17. All fines and forfeitures and fees of the judge and recorder of said court, imposed and collected by said court, in all criminal cases, and all fees of said judge and recorder of said court in civil and criminal cases received by either or both, shall be accounted for and paid over quarterly into the treasury of said county of Aroostook, for the use of said county; and all fces of said court paid after any commitment to any jailer shall be paid by him monthly into said treasury. Section 18. So much of the act establishing the Caribou municipal court as gives it jurisdiction within the limits of the northern Aroostook municipal court as established by this act is hereby repealed. Approved March 22, 1911. Fines, for feitures and fees, how dis posed of. Jurisdiction of Caribou court re municipal stricted. CHAP. 179 Section 9, chapter 613, special laws, 1893, as amended by special laws, 1903, further amended. Chapter 179. An Act to amend Chapter six hundred and thirteen of the Private and Special Laws of eighteen hundred and ninety-three, as amended by Chapter one hundred of the Private and Special Laws of nineteen hundred and three, entitled "An Act to establish the Western Hancock Municipal Court." Be it enacted by the People of the State of Maine, as follows: Section nine of chapter six hundred and thirteen of the private and special laws of eighteen hundred and ninety-three as amended by chapter one hundred of the private and special laws chapter 100, of nineteen hundred and three is hereby further amended by striking out the word "Bluehill" in the fourth line thereof and inserting in the place thereof the word 'Deer Isle,' and by striking out the word "Deer Isle," in the ninth line thereof and inserting in the place thereof the word 'Bluehill,' so that said section as amended, shall read as follows: Term time. -in Isle. Deer -in Bucksport. 'Section 9. A term of said court shall be held for the transaction of civil business as follows: On the second Tuesday of each of the months of January, March, July and September in the town of Deer Isle. On the second Tuesday of each of the months of February, May, June, August, November and December in the town of Bucksport. On the fourth Tuesday of each of the months of January, February, March, April, May, July, September, October, November and December in the town of —in Bluehill. Bluehill. On the fourth Tuesday of the months of June and -in Castine. August in the town of Castine. Beginning at ten o'clock in the forenoon at such place in either of the towns named in this section, as the judge shall determine. For the cognizance and trial of criminal actions said court shall be considered in constant session. In all cases it may be adjourned from time to time by the judge.' Approved March 22, 1911. So much of act prohibit village brook, Chapter 180. An Act to amend Chapter four hundred and seven of the Private and Special Laws of nineteen hundred and three, as amended, relating to fishing in the tributaries to Bryant Pond, so-called, which Pond is situated in the Town of Woodstock, County of Oxford. Be it enacted by the People of the State of Maine, as follows: So much of chapter four hundred and seven of the private ing fishing in and special laws of nineteen hundred and three, as amended, as prohibits fishing in village brook, so-called, a tributary to Bryant pond, which pond is situated in the town of Woodstock, in the county of Oxford, above the bridge at the east end of repealed. CHAP. 181 Bryant pond village, so-called, in accordance with the general law of the state, is hereby repealed. Provided, however, that proviso. this act shall not take effect until a screen shall have been placed across said village brook at said bridge, without expense to the state, by the citizens of Oxford county, under the direction of, and by permission of the commissioners of inland fisheries and game. Provided, further, that the commissioners may authorize any inland fish and game warden, or deputy inland fish and game warden, to take pickerel at any time in said village brook from said bridge to said pond, for the purpose of protecting the small trout in said brook. Approved March 22, 1911. provided. Chapter 181. An Act to establish in Cumberland County a County Farm. County Com missioners authorized to establish county farm land county. for Cumber Be it enacted by the People of the State of Maine, as follows: Section I. The county commissioners of the county of Cumberland are hereby authorized to acquire a tract of land situated in said county of Cumberland, suitable for farming purposes, not exceeding one thousand acres in area, to be used as a county farm for the employment and reformation of inebriates, either by purchase, exchange or by taking as for public uses. And said county commissioners are further authorized to erect and maintain upon said lands suitable buildings for officers' quar- buildings ters, the proper accommodation and custody of such prisoners as may hereafter be sent there by the courts of Cumberland county, and such other buildings as said county commissioners. shall deem necessary, the labor in constructing said buildings to be performed by the prisoners so far as is practicable to the health and safety of said prisoners. Section 2. In order to provide for the purchase price of said land and the cost of the erection of said buildings, the said county commissioners are authorized to borrow a sum of money not exceeding twenty-five thousand dollars ($25,000) and to issue interest bearing bonds of said county for that purpose. Section 3. The county commissioners shall have the general superintendence, management and control of said county farm, of the land and buildings, officers and employees thereof, of the inmates confined therein, and all matters relating to the government, discipline, contracts and fiscal concerns thereof, and make such rules and regulations not inconsistent with law as may seem to them proper or necessary for the government of the farm, its officers and employees and for the employment, -may erect suitable thereon. County missioners com may borrow $25,000, and issue bonds therefor. County shall have agement missioners general man farm. |