СПАР. 247 jurisdiction, with superior -removal of cases to 5 nances need not be set forth; and said court shall have original jurisdiction, concurrent with the superior court, of all actions -original at law, except complaints for flowage, real actions and trespass concurrent quare clausum, in which the debt or damages demanded, exclu- court. sive of costs, does not exceed two hundred dollars, in which any party defendant or a person summoned in good faith and on probable grounds as trustee, resides in the county of Kennebec, or having his residence beyond the limits of this state is served with process within said county. And when any party defendant and person so named as trustee, both live in said Gardiner, and are summoned to appear in an action brought in some other municipal court in said county, they or either of them, may have the cause transferred to said Gardiner municipal court, upon filing motion and affidavit at the return term thereof, and the cause shall then be heard as though originally brought therein. If any defendant, his agent or attorney in any action in said court, in which the debt or damage claimed perior court. in the writ exceeds twenty dollars, shall appear at the first term and on or before the first day of the second term, file in said. court an affidavit that he has a good defense to said action and intends in good faith to make such defense and claims a jury trial, the said action shall be removed into and entered at the next term of the superior court for said county. And the judge or recorder of said municipal court on payment to him of the entry fee in said superior court by the plaintiff, shall forthwith. cause the original writ and all other papers in the case to be filed in the clerk's office of said superior court. Any party appeals. may appeal from any judgment or sentence of said municipal court to the superior court in the same manner as from a judgment of a trial justice. The costs and fees allowed to parties and attorneys in civil actions before said court, in which the debt or damages do not exceed twenty dollars shall be the same as are allowed before trial justices, except that the plaintiff, if he prevails, shall be allowed two dollars for his writ, and the defendant, if he prevails, shall be allowed one dollar for his pleadings. In all actions in which the amount recovered exceeds twenty dollars, the plaintiff, if he prevails, shall be allowed costs as taxed in the superior court. Copies of the records of said court duly certified, shall be evidence in other courts. Section 5. All the provisions of the statutes of this state, relative to the attachment of real and personal property and levy of executions, shall be applicable to actions in this court, and executions on judgments rendered therein; provided, that property may be attached, equal in value to the ad damnum, -costs and fees. copies of certified, evi records duly dence in other courts. General statplicable. utes made ap CHAP. 247 -actions may be referred. -exceptions. Jurisdiction in simple larceny. -exclusive jurisdiction. -with trial justices. Consanguin ity within de gree of which judge may not have au thority to act. and in addition thereto, sufficient to satisfy the costs of suit. Actions may be referred and judgment on the referee's report may be rendered in the same manner and with the same effect as in the superior court. Exceptions may be allowed and cases certified on an agreed statement of facts, or upon evidence reported by the judge, in all civil actions, as in the supreme judicial or superior courts, and the same shall be entered, heard and determined at the law term thereof as if the same had originated in the superior or supreme judicial courts. Section 6. Said court shall have jurisdiction in all cases of simple larceny arising in said county, unless exclusive jurisdiction is vested in some other court, where the property alleged to have been stolen shall not exceed the value of fifty dollars, and of all cases of cheating by false pretenses, where the property, money or other thing alleged to have been fraudulently obtained, shall not exceed in value the sum of fifty dollars, and shall have power to try the same, and in either of said cases to award sentence upon conviction by fine not exceeding fifty dollars, or imprisonment in the county jail with or without hard labor, for a term not exceeding ninety days. He shall have exclusive jurisdiction of all offenses arising in said city and in the towns of West Gardiner, Farmingdale, Randolph and Pittston, which are by any law or statute within the jurisdiction of a trial justice, and concurrent jurisdiction with trial justices of said county of Kennebec, of all such offenses arising in said. county, outside of said city and towns mentioned, and also concurrent jurisdiction with the municipal court of the city of Augusta in the town of Chelsea. Section 7. Any action, civil or criminal, in which the judge of said court is interested or related to either of the parties by consanguinity or affinity, within the sixth degree according to the rules of the civil law, or within the degree of second cousins, but which would otherwise be within the exclusive jurisdiction of said court, may be brought before and disposed of by any trial justice or any other municipal or police court in said county, in the same manner as other actions before said trial justices, or -parties may municipal or police courts. If any action wherein said judge is so interested or related to either party, is made returnable before this court, the parties thereto, by themselves or their attorneys, may in writing, consent that said judge shall hear -or recorder and dispose of the same; or the recorder thereof, if disinterested, or with the written consent of the parties, if interested, may hear and dispose of the same in the judge's stead, or such actions shall be disposed of as follows: civil actions, wherein the debt or damages demanded, exclusive of costs exceed twenty dollars, consent in writing. may hear and dispose of same. -actions, how disposed of. shall upon motion, be removed to the superior court, and all other civil actions, and all criminal actions, shall be removed and entered before any such trial justice within said county as may be agreed upon, in writing, by the parties entering an appearance in such action, or if no trial justice is agreed upon, before any municipal or police court in said county, and such trial justice or municipal or police court shall have and take cognizance of such action and dispose of the same, as if originally returnable before such trial justice or court; provided, that nothing in this section shall prevent any action in which said city or any of the towns hereinbefore mentioned shall be a party or named as trustee, from being heard and disposed of in said. court as in other cases; but in any such case the action may, upon motion of either party, filed before trial, be removed to the superior court for said county. Section 8. The said court shall be held on each Monday of the month, at nine o'clock in the forenoon, for the transaction of civil business, and all civil processes shall be made returnable at that time. The judge or recorder shall be at the court room whenever it is necessary to attend to criminal matters. Section 9. Said municipal court may render judgment and issue execution, punish for contempt and compel attendance, as in the superior court; make all such rules and regulations not repugnant to law, as may be necessary and proper for the administration of justice promptly; and is clothed with all such lawful power as is necessary for the performance of its duties. under this act. judge. -fines and Section 10. The salary of said judge shall be eight hundred Salary of dollars and such fees as are allowed by the general law, and the same shall be payable quarterly out of the treasury of the county of Kennebec, on the first days of January, April, July and October. All fines and costs received in criminal cases. shall be paid quarterly into the county treasury; and no salary disposed of. shall be paid to said judge until he shall file with the county treasurer, a written statement of the fines and criminal costs by him received during and for the preceding quarter. costs, how corder. Section II. The said recorder shall receive an annual salary Salary of reof three hundred dollars in full for all services, payable quarterly from the treasury of the county of Kennebec, on the first days of January, April, July and October. Section 12. Sections eleven, twelve, thirteen, fourteen and fifteen of the charter of the city of Gardiner, and all amendments to said sections, are hereby repealed, and all existing acts, Certain sec tions of char ter of city of inconsistent Gardiner, and acts repealed. CHAP. 248 public and private, inconsistent with the preceding sections, are hereby modified, so far as relates to the city of Gardiner, so as to conform with their provisions. Approved March 29, 1911. Charter revived and extended upon payment of taxes. Original purposes amended. Chapter 248. An Act to revive and extend the charter and organization of the South Be it enacted by the People of the State of Maine, as follows: Section 1. Upon the payment to the treasurer of the state of Maine of the amount of its franchise taxes and charges now in arrears, the rights, powers and privileges under and pertaining to the charter and organization of the South Paris Light, Heat and Power Company shall be revived and extended for two years from the first day of August, nineteen hundred and eleven. Section 2. The original purposes of said South Paris Light, Heat and Power Company, as recorded in the office of the secretary of state, are hereby amended by adding the following: 'And to engage in any and all kinds of manufacturing, and to buy, hold, lease, sell, and manage real estate for any of its corporate purposes; and to make, generate, sell and distribute electricity for any purpose to any person or persons, firm, corporation, or municipality in the towns of Sumner, Greenwood, Woodstock, and any portion of the town of Paris outside of the present limits of the South Paris Village Corporation.' Approved March 29, 1911. Additional rights granted to Guilford Water Company. Chapter 249. An Act additional to Chapter two hundred and twenty-six of the Private and Special Laws of nineteen hundred and nine, incorporating the Guilford Water Company. Be it enacted by the People of the State of Maine, as follows: The Guilford Water Company shall have the right to purchase any spring system now supplying water to the inhabitants of said town of Guilford, or capital stock, bonds or securities. of any corporation furnishing spring water to said inhabitants; and to contract with any person, corporation or water company or water district or fire district in the towns of Parkman, Abbot, Sangerville and Guilford, in said county of Piscataquis, or with any other water company in said towns, according to the terms and conditions set out in the charter of the Guilford Water District, to furnish a supply of water from the system of said Approved March 29, 1911. CHAP. 250 Chapter 250. An Act to incorporate the Clark Power Company. Be it enacted by the People of the State of Maine, as follows: name. Section 1. Cecil F. Clark, Lucien L. Clark and George L. Corporators. Emery, their associates, successors and assigns, are hereby made a body corporate by the name of the Clark Power Company, corporate with all the powers, rights and privileges, and subject to all the provisions of chapter two hundred and forty-four of the public laws of nineteen hundred and nine and all the duties and obligations conferred and imposed on corporations organized to sell, distribute and supply electricity for light, heat and power under the general laws of the state, except as otherwise provided herein. May set poles and extend lines of wire and ways in along streets towns of Bux Section 2. Said company is authorized and empowered to Powers and carry on the business of manufacturing, generating, distribut- purposes. ing, selling and supplying electricity, light, heat and power for all legal purposes in the towns of Buxton, Hollis and Dayton. Section 3. For the purposes specified in the first two sections of this act, said corporation is hereby authorized and empowered to set, build, extend and maintain poles, lines and wires in, upon and over such streets and public ways in said towns of Buxton, Hollis and Dayton as it may deem most expedient in carrying out the purposes of this act, subject to the approval of, and under such reasonable restrictions as, the municipal officers of the respective towns through which such poles and lines are established may impose as to the kind of poles, the manner in which they shall be set, and the height at which the wires shall be carried thereof. the ton, Hollis and Dayton. stock. Section 4. The capital stock of said company shall not ex- Capital bonds secured Section 5. Said company is hereby authorized to issue bonds May issue for the construction of its works upon such rates, time and in by mortgage such amounts as it may deem necessary, and to secure the same ty. by appropriate mortgages upon its franchises and property, pres of its proper ent and future. |