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An Act Establishing Courts of Common Pleas

An Act Establishing Courts of Common Pleas p1.pdf

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�An act establishing courts of common pleas within the State. Sect. 1. Be in enacted by the Senate and House of Representatives in Legislature appointed, 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, 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