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17 of the Commonwealth; and all provisions of law 18 relating to criminal and civil proceedings, the tax19 ation of costs, the payment of fines, the expenses 20 of court, the accounting and settling with county 21 and town for money paid into court as forfeitures 22 or otherwise, and all other returns and require23 ments of law applicable to the several police courts 21 of the Commonwealth, except those before men25 tioned, shall apply to the district court of Southern 26 Berkshire hereby established.
1 SECT. 2. Said district court shall consist of one 2 standing justice and two special justices, to be ap3 pointed, commissioned, and qualified pursuant to 4 the constitution and laws.
1 Sect. 3. A clerk of said court shall be appointed 2 and commissioned by the governor, and shall faith3 fully perform all services required by law of the + clerks of like courts in this Commonwealth.
1 Secr. 4. Either of the justices may issue war2 rants in all proper cases, and all warrants so issued 3 shall be made returnable before said court.
1 Sect. 5. Said court shall be held for civil busi2 ness weekly in Great Barrington on Saturdays, and 3 in Lee on Mondays, and for criminal business in 4 Great Barrington on Saturdays, Tuesdays, and 5 Thursdays, and at Lee on Mondays, Wednesdays, 6 and Fridays, at nine o'clock in the forenoon, exī cept on legal holidays, in some suitable places to 8 be furnished by the county of Berkshire.
1 Sect. 6. The standing justice of said court shall 2 receive an annual salary of eighteen hundred dol3 lars, to be paid quarterly from the treasury of the 4 Commonwealth. The compensation of the special 5 justices shall be determined and paid in the manner 6 now provided by law for the special justices of 7 police courts. The clerk of said court shall re8 ceive an annual salary of eight hundred dollars, to 9 be paid from the treasury of the Commonwealth.
1 Sect. 7. Said court shall have original concur2 rent jurisdiction with the superior court in the 3 county of Berkshire in all civil actions and proceed4 ings in which the debt or damages demanded, or 5 property replevied, does not exceed in amount or 6 value three hundred dollars; and the jurisdiction 7. of said court shall, when the plaintiff and defend8 ant both reside in the district, exclude the juris9 diction of other district or police courts or trial 10 justices; provided that, where there are two or 11 more plaintiffs or defendants, or one or more trus12 tees, all residing in this Commonwealth, the juris13 diction of the court shall not be exclusive unless 14 all the parties reside in the district.
1 SECT. 8. When one of several defendants re2 sides within the district, the writ issued by such 3 court may run into any county, and be served on the 4 other defendant, or defendants, fourteen days at least 5 before its return day, in like manner as if issued by 6 the superior court.
1 Sect. 9. All cases pending at the time this act 2 shall take full effect, whether civil or criminal, in 3 the present district court of Southern Berkshire, the 4 police court in Lee, or before any trial justice with5 in said district, shall be transferred to, and have day 6 in, the proper day and term of the district court 7 of Southern Berkshire hereby established; and all 8 writs, processes, complaints, petitions, and proceed9 ings whatever, which are made returnable to, or to be 10 entered in, said present district court or police court, 11 or before said trial justices, shall be returnable to, 12 entered, and have day in, the proper day and term of 13 said district court; and all judicial writs and pro14 cesses, and copies founded upon the records of said 15 present district court, police court, or trial justices, 16 shall issue under the seal of said district court hereby 17 established, in like manner, and to the same effect, as 18 the same might have issued from said present dis19 trict court, police court, or by said trial justice, if 20 this act had not passed.
1 SECT. 10. The records of said present district 2 court of Southern Berkshire, and of the police court 3 in Lee, shall be placed and remain in the custody of 4 the clerk of the district court of Southern Berkshire 5 hereby established.
1 Sect. 11. All laws establishing the present dis2 trict court of Southern Berkshire, or police court in 3 Lee, or giving jurisdiction to said courts, except so + far as it may be necessary that the same should be 5 supported for the purposes of this act, and all acts,
6 and parts of acts, inconsistent with the provisions of 7 this act, are hereby repealed from the time this act 8 shall take full effect.
i Sect. 12. The justice of said district court here2 by established may retain for his own use, from the 3 fees received in said court, all sums paid by him for 4 the services of any special justice, provided the sum 5 so retained shall not in any one year exceed eight 6 per centum of the annual salary of such justice; 7 but no justice of said court shall receive any com8 pensation besides his regular salary or allowance for
9 making or issuing complaints, warrants, subpænas, 10 or other process, which he is by law authorized to 11 issue, or for any service performed by him in the 12 discharge of his official duties in said court.
1 Sect. 13. Said court shall have power to estab2 lish a seal therefor, and may from time to time make 3 rules for regulating the practice and conducting the 4 business therein, in all cases not expressly pro5 vided for by law.
1 SECT. 14. This act shall take effect, so far as re2 lates to the appointing, commissioning, and qualify3 ing the justice, special justices, and clerk of said 4 court, upon its passage; and it shall take full effect 5 on the first day of July next.