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An Act Establishing Courts of Common Pleas

An Act Establishing Courts of Common Pleas p1.pdf

Revision as of Sep 10, 2018, 1:22:18 AM
edited by TomF
Revision as of Feb 16, 2022, 8:16:34 PM
edited by Wordhunter
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�An act establishing courts of common pleas within the
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[Penciled at top of page:]  2
State.
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Sect. 1. Be in enacted by the Senate and House of Representatives
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An Act establishing Courts of Common Pleas [four underlined] within the State.
in Legislature appointed, That this state shall be and hereby is
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divided into three Circuits, to be limited, known and called
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Sect. 1. Be it enacted by the Senate and House of Representatives in Legislature assembled [thirteen underlined], That this State shall be and hereby is divided into three Circuits, to be limited, known and called as follows, to wit: the counties of York, Cumberland, and Oxford, shall form one Circuit, and be called the Western Circuit; the counties of Lincoln, Kennebec and Somerset, shall form one Circuit, and be called the Middle Circuit; and the counties of Hancock, Washington, and Penobscot shall form one Circuit, and be called the Eastern Circuit.
as follows, to wit: the counties of York, Cumberland, and
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Oxford shall form one circuit, and be called the Western
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Sect. 2. Be it further enacted [four underlined], That there shall be held and kept, in each of the Circuits aforesaid, at such times and places as are now by law appointed for holding the Circuit Courts of Common Pleas in the several counties, a Court of Common Pleas, to consist of one Chief Justice and two Associate Justices, each of whom shall be an inhabitant of this State; and when appointed and commissioned as by the constitution is provided, they, or any two of them, shall be a Court in their respective Circuits, and shall original and exclusive jurisdiction of all civil actions arising or happening within their respective Circuits, of what nature or species the same may be (excepting only such actions wherein the Supreme Judicial Court, or where Justices of Peace have original jurisdiction:) and shall also have jurisdiction of all such offences, crimes and misdemeanors, as before the passing of this Act were cognizable by the respective Circuit Courts of Common Pleas; and shall also have appellate jurisdiction of all civil actions, and of all crimes and offences, where an appeal may now by law be made from the sentence or judgement of a Justice of the Peace; and the same courts are hereby fully authorized to give judgment, award execution, to administer all necessary and proper oaths and affirmations, and to do, execute, perform and order whatever by the constitution and laws it shall be their duty to do, or whatever the Circuit Courts of Common Pleas before the passing of this Act were authorized to do. And the Justices of the said Court of Common Pleas shall receive the same
Circuit; the counties of Lincoln, Kennebec and Somerset shall
 
form one circuit and be called the Middle Circuit, and the
 
counties of Hancock, Washington, and Penobscot shall form one
 
circuit, and be called the Eastern Circuit.
 
Sect. 2. Be it further enacted, That there shall be held and
 
kept in each of the circuits aforesaid, at such times and places
 
as are now by law appointed for holding the Circuit Courts of Common
 
Pleas in the several counties, a court of Common Pleas to consist
 
of our Chief Justice and two Associate Justices, each of whom shall
 
be an inhabitant of this state; and when appointed and commissioned  
 
as by the constitution is provided, they, or any two of them, shall
 
be a court in their respective circuits, and shall original and
 
exclusive jurisdiction of all civil actions arising or happening
 
within their respective circuits, of what nature or species the
 
same may be (excepting only such actions wherein the
 
Supreme Judicial Court, or when Justices of Peace have original
 
jurisdiction:) and shall also have jurisdiction of all such  
 
offences, crimes and misdemeanors, as before the passing of this
 
act were cognizable by the respective Circuit Courts of Common
 
Pleas; and shall also have appellate jurisdiction of all civil
 
actions, and of all crimes and offices, where an appeal
 
may now by law be made from the sentence or judgement
 
of a Justice of the Peace; and the same court are hereby
 
fully authorized to give judgement, award execution, to
 
administer all necessary and proper oaths and affirmations,
 
and to do execute, perform and order whatever by the
 
constitution and laws it shall be their duty to do, or
 
whatever the circuit courts of Common Pleas before the  
 
[?] of this act were authorized to do. And the Justices
 
of the said Court of Common Pleas shall receive the same
 

Revision as of Feb 16, 2022, 8:16:34 PM

[Penciled at top of page:] 2

An Act establishing Courts of Common Pleas [four underlined] within the State.

Sect. 1. Be it enacted by the Senate and House of Representatives in Legislature assembled [thirteen underlined], That this State shall be and hereby is divided into three Circuits, to be limited, known and called as follows, to wit: the counties of York, Cumberland, and Oxford, shall form one Circuit, and be called the Western Circuit; the counties of Lincoln, Kennebec and Somerset, shall form one Circuit, and be called the Middle Circuit; and the counties of Hancock, Washington, and Penobscot shall form one Circuit, and be called the Eastern Circuit.

Sect. 2. Be it further enacted [four underlined], That there shall be held and kept, in each of the Circuits aforesaid, at such times and places as are now by law appointed for holding the Circuit Courts of Common Pleas in the several counties, a Court of Common Pleas, to consist of one Chief Justice and two Associate Justices, each of whom shall be an inhabitant of this State; and when appointed and commissioned as by the constitution is provided, they, or any two of them, shall be a Court in their respective Circuits, and shall original and exclusive jurisdiction of all civil actions arising or happening within their respective Circuits, of what nature or species the same may be (excepting only such actions wherein the Supreme Judicial Court, or where Justices of Peace have original jurisdiction:) and shall also have jurisdiction of all such offences, crimes and misdemeanors, as before the passing of this Act were cognizable by the respective Circuit Courts of Common Pleas; and shall also have appellate jurisdiction of all civil actions, and of all crimes and offences, where an appeal may now by law be made from the sentence or judgement of a Justice of the Peace; and the same courts are hereby fully authorized to give judgment, award execution, to administer all necessary and proper oaths and affirmations, and to do, execute, perform and order whatever by the constitution and laws it shall be their duty to do, or whatever the Circuit Courts of Common Pleas before the passing of this Act were authorized to do. And the Justices of the said Court of Common Pleas shall receive the same