CHAP. 15

thereof the fact that the judge and recorder were absent and the time to which the said court stands adjourned, and shall sign the same, and need not keep any other record thereof.

Sec. 7. Records; certified copies legal evidence. It shall be the duty of said judge of said court to make and keep the records thereof, or cause the same to be so made and kept, and to perform all other duties required of similar tribunals in this state, and copies of said records duly certified by the said judge or recorder shall be legal evidence in all courts.

Sec. 8. Appeals. Any party may appeal from any judgment or sentence of said court to the supreme judicial court in the same manner as from a judgment or sentence of a trial justice.

Sec. 9. Entry of actions; defaults, pleadings, motions, trials and civil procedure. Actions in said court shall be entered on the first day of the term, and not afterward, save by permission of the other party, or special permission of the judge. When a defendant legally served, fails to enter his appearance, by himself or his attorney, on the first two days of the return term, he may be defaulted, but if he afterward appear during the term the court may for sufficient cause permit the default to be taken off. But it cannot be taken off after the first term without consent of the plaintiff, unless the judge shall make a special order to that effect after notice to and an apportunity for a hearing of the plaintiff. Pleas and motions in abatement must be filed on the first day of the term to which the action is returnable. The defendant may file his pleadings in bar, which shall be the general issue with a brief statement of special matters of defense if he have any at any time after the writ is entered, and must file them before he can ask that a day be set for trial. If at any term the plaintiff files a motion asking that the defendant be ordered to file his pleadings, the judge shall order the defendant to file them accordingly, and shall notify the defendant thereof in such a manner as he deems proper. If the defendant in such case does not file his pleadings on or before the first day of the next term he shall be defaulted, unless the court for good cause enlarge the time for which it may impose reasonable terms. Actions of forcible entry and detainer seasonably answered to shall be in order for trial at the return term, and shall remain so until tried or otherwise disposed of finally, unless continued by consent, or on motion of either party for good cause shown, in which latter case the court may make such terms as it deems reasonable. Actions in which one party has given to the other five days' written notice that a trial will be demanded at the return term, on proving such notice, shall be in order for trial at such term, but all other actions except actions of forcible entry and detainer shall be continued as of course to the next term. Actions shall be assigned for trial

CHAP. 15

as follows: At any term either party may ask the court to assign the action for trial at the next or some other term. The party asking the earlier assignment shall have it granted. The court shall assign the case for trial as asked, unless there is some good reason for the contrary, and shall notify the other party of the time set for trial as he deems proper. Trials shall not be assigned for the first day of any term save by consent of both parties. Any party may appear on the first day of a term, and by motion show cause for a continuance, which the judge may grant with or without terms, as he deems right or may refuse. To serve the best interests of the parties, trials may be had at any time in or out of term time, and at any place to be provided by the parties thereto within said judicial district, by the consent of the parties thereto, or on motion by either party hearing granted by the court, or by order of the court.

Sec. 10. Forcible entry and detainer actions procedure. In actions of forcible entry and detainer brought in said court, the defendant's pleading shall be a general issue with a brief statement of any special matters of defense, and must be filed upon the first day of the return term, or the defendant shall be defaulted unless the court enlarge the time, for which it may impose terms.

Sec. II. Costs and fees to parties, attorneys and witnesses. The costs and fees allowed to parties, attorneys and witnesses in all civil actions in said court in which the debt or damage demanded does not exceed twenty dollars, including actions of forcible entry and detainer, shall be the same allowed by trial justices in actions before them, except that the plaintiff, if he prevail, shall be allowed two dollars for his writ, and the defendant, if he prevail, one dollar for his pleadings, but in actions in which the debt or damage exceeds twenty dollars the costs and fees shall be the same as allowed in the supreme judicial court in like actions, except that witnesses shall be allowed one dollar per day and travel as in other cases. All the doings and proceedings of this court, when not otherwise regulated by this act, and not inconsistent herewith, shall be governed by the rules and laws regulating supreme court procedure.

Sec. 12. Court fees and costs; how taxed and paid. The judge of said court may tax and shall be allowed for his services in a civil action wherein the debt or damage demanded does not exceed twenty dollars, the same fees allowed by law to trial justices for like services and at the same rates, and when the debt or damage demanded exceeds twenty dollars he may tax and shall be allowed the same fees that the law allows to clerks of the supreme judicial court for like services. All said fees are to be paid him by the party at whose instance the services were performed, and taxed with the costs of said party if he prevail in the suit, and shall be accounted

CHAP. 15

for and paid over to the treasurer of York county. For his services in criminal proceedings he shall be entitled to fifty cents for receiving complaint and issuing a warrant; seventy-five cents for entering complaint, swearing witnesses, filing papers, and certifying costs to the county commissioners; forty cents for taxing the costs and recording judgment; ten cents for each subpoena; twenty-five cents for each mittimus and each recognizance; fifty cents for making and recording each libel of intoxicating liquors, twenty-five cents for each order to destroy or restore such liquors; and two dollars for each day actually employed in the trial of any issue, said fees being taxed in the bill of costs.

Sec. 13. Fines, forfeitures and costs in criminal proceedings, how collected and accounted for. The judge shall receive all fines, forfeitures and costs paid into court in criminal proceedings, and shall pay over all fees to the person to whom they are allowed when called for, if called for within one year. All fines and forfeitures received by him, and all fees so received, but not seasonably called for, and all other fees and costs he shall account for and pay over at the time and in the manner required by law to the treasurer of York county, but no account required by this section shall be deemed sufficient unless certified by oath of the judge.

Sec. 14.

Court room to be provided by town of Kennebunk; county of York to provide seal, blanks, stationery, etc. The town of Kennebunk shall provide a suitable court room in said Kennebunk, conveniently situated, appropriately fitted up and furnished, in which to hold said court, and keep the same in proper condition for use, and it shall be deemed and denominated the court room, though used also for other purposes if approved by the judge. The county of York shall provide for said court an appropriate seal, and all blanks, blank books, dockets, stationery, and other things necessary for the transaction of its business; and said county of York is hereby authorized to appropriate money therefor.

Sec. 15. Salaries of judge and recorder. The judge shall receive a salary in full for all services of six hundred dollars per annum to be paid him by the county of York, and the recorder a salary of three hundred dollars per annum, payable quarterly.

Sec. 16. Trial justices, jurisdiction restricted; pending actions not affected. Trial justices are hereby restricted from exercising any civil or criminal jurisdiction in the towns of said municipal district, except as they may issue warrants on complaints for criminal offenses committed in said towns to be returned before said municipal court, and excepting also such jurisdiction as is reserved for them in section six of this act. strictions shall be suspended until the judge of said court shall enter on the duties of his office. Nothing in this act shall be construed to inter

CHAP. 16

fere with actions or proceedings in said municipal district which have been brought and are pending, before trial justices, or any other municipal court, at the time when the judge of said court shall enter upon the duties of his office, but all such actions and proceedings shall be disposed of by such trial justices or municipal courts in the same manner as if this act had not been passed.

Approved February 22, 1923.

Chapter 16.

An Act to Amend Section One of Chapter One Hundred and Eighty-five of the Private and Special Laws of Eighteen Hundred and Twenty-three, Relating to the Limit of the Endowment Fund of Foxcroft Academy.

Be it enacted by the People of the State of Maine, as follows:

P. & S. L., 1823, c. 185, sec. 1; relating to incorporation of Foxcroft Academy, amended. Section one of chapter one hundred and eighty-five of the private and special laws of eighteen hundred and twenty-three, is hereby amended by striking out in the twentieth line thereof the words "three thousand" and inserting in place thereof the words 'fifteen thousand,' so that said section, as amended, shall read as follows:

'Sec. I. Limit of income from endowment fund increased to $15,000. Be it enacted by the Senate and House of Representatives, in Legislature Assembled, That Joseph E. Foxcroft, William Emerson, Daniel Wilkins, Thomas Williams, John Bradbury, Samuel Chamberlain, James S. Holmes, Phillip Greeley, Joshua Carpenter, Joseph Kelsey, Samuel M'Clanathan, Samuel C. Clark, and Jasan Hassel, and their successors forever, be, and they hereby are, constituted and made a body politic, by the name of the Trustees of Foxcroft Academy; with power to prosecute and defend suits at law; to have a common seal, and to alter it at pleasure; to establish an academy at Foxcroft, in the county of Penobscot, for the promotion of literature, science, morality and piety; to make any by-laws for the management of their affairs not repugnant to the laws of the state, and to choose such officers as they deem proper; to hold any property, real and personal, by gift, grant, or otherwise, the yearly income of which shall not exceed the sum of fifteen thousand dollars; and to receive all property which may heretofore have been given or subscribed for the benefit of such academy.'

Approved February 26, 1922.

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Chapter 17.

An Act to Legalize Oaths Administered by Fred A. Torrey, of Stonington, in the County of Hancock.

Be it enacted by the People of the State of Maine, as follows:

Fred A. Torrey; oaths administered by, legalized. All oaths administered by Fred A. Torrey from the second day of April, in the year nineteen hundred and twenty-two, to the twenty-second day of January, in the year nineteen hundred and twenty-three, each date inclusive, are hereby ratified, legalized and confirmed, with the same legal force and effect as if made by one legally authorized to act.

Approved February 28, 1923.

Chapter 18.

An Act Authorizing the Town of York to Raise Money to Aid the York Public Library Association.

Be it enacted by the People of the State of Maine, as follows:

Town of York authorized to raise money in aid of York Public Library Ass'n, to build library building. The inhabitants of the town of York are hereby authorized and empowered to raise and appropriate at any regular or special town meeting duly called and held, a sum of money not exceeding ten dollars for each of its ratable polls in the year next preceding to aid the York Public Library Association in the construction of a library building in said York.

Approved February 28, 1923.

Chapter 19.

An Act to Extend the Charter Granted to the Salisbury Cove Water Company, for the Taking of Water from Lake Wood, and Furnishing Water to the Village of Salisbury Cove, for Two Years.

Be it enacted by the People of the State of Maine, as follows:

Sec. I. P. & S. L., 1915, c. 49; 1917, c. 18; 1919, c. 35; charter of Salisbury Cove Water Co., extended. The act of incorporation of the Salisbury Cove Water Company, being chapter forty-nine of the private and special laws of nineteen hundred and fifteen, and extended for two years under chapter eighteen of the private and special laws of nineteen hundred and seventeen, and extended for two years under chapter thirty-five of the private and special laws of nineteen hundred and nineteen, is hereby further extended for two years from the date when this law becomes effective, with the same force and effect in all respects as if said incorporation were hereby granted.