law have jurisdiction, shall, when duly returned, be heard and determined by said town court; and the right of said prosecuting agent, or of said county health officer, in cases within their respective jurisdictions, to appear and prosecute said cases in said town court shall not be abridged.

SEC. 5. Said town court shall proceed in all cases of a criminal nature brought before it without a jury, and the judge thereof may issue subpoenas, warrants of capias for witnesses, warrants of arrests, commitment, search, and all other criminal processes, and said town court shall administer justice in all matters of a criminal form or nature whereof this act gives jurisdiction, cognizance, and power according to law. Said town court may adjourn any criminal case brought before it from time to time, and require a recognizance for the appearance of the accused, and when the town court may have final jurisdiction of the case, such recognizance shall be taken to the town of Berlin; and in all other cases, and upon appeal or binding over to the superior court, the bond of recognizance shall be taken to the state.

SEC. 6. All causes of action at law, wherein the matter in demand does not exceed the sum of three hundred dollars, between parties one of whom is a resident or is located within said town of Berlin or has estate in said town which is attached in said action, may be heard and determined by said town court, subject to the right of appeal to the court of common pleas for Hartford county, except in actions of summary process, as is now provided by law for appeals from justices of the peace. If any answer shall be filed in any action pending before said town court, wherein the defendant claims judgment in his favor for a sum exceeding that fixed as the highest pecuniary limit of the jurisdiction of said town court, or wherein equitable relief shall be demanded, or an equitable defense interposed, and a sufficient bond, with surety, to the adverse party is offered by such defendant filing such answer, conditioned for the transfer of said action as hereinafter provided, and that he shall prosecute his said answer to effect and pay all costs in case he fails to make his plea good, the said town court shall, without proceeding further in said action, take such recognizance, and thereupon copies of the files and records in said action shall be, by the clerk of said town court, transmitted to the court of common pleas to be held within and for said county on the first Tuesday of the succeeding month, or to the superior court to be held within and for said county on the first Tuesday of the succeeding month, which would have original cognizance of an action brought to recover the demand or relief claimed in said answer; and said copies being filed with the clerk of said court to which they may be transmitted, and said clerk having entered said case upon the docket of said court, the same shall operate as a transfer of said action to said court of common pleas or the superior court, which shall thereupon have full jurisdiction to hear and determine it in the same manner as if it were or might have been brought before it by original process or appeal; and any bonds, attachments, or other security in favor of either party shall not be im

paired by such transfer; but if the defendant does not offer or furnish such recognizance, or withdraw said answer, he shall be deemed to have waived any claim for any greater sum or any other relief than said town court has jurisdiction to award; and said town court may thereupon proceed to take cognizance of the claim set up in said answer, and may render judgment in favor of the defendant if the same be established, for a sum not exceeding that fixed as the highest pecuniary limit of its jurisdiction; and such judgment shall be a bar to any future claim by said defendant against the plaintiff for the whole or any part of the demand specified in said answer, excepting such claim or demand as may be of an equitable nature. If the plaintiff, in answer to any pleading of the defendant, shall interpose any equitable defense or ask for equitable relief, he shall be required to give the same recognizance as is hereinbefore provided for, and the cause thereupon shall be proceeded with in the manner above provided for in case of such interposition by the defendant. The clerk of said town court shall receive from the party making the transfer of said cause a fee of fifty cents. Nothing contained in this act shall be construed as prohibiting justices of the peace for said county residing in said town of Berlin from exercising the jurisdiction, power, and authority which they now have by law in the hearing and determination of civil actions, or from discharging any ministerial duty or office now by law imposed upon them, except as hereinafter contained. Whenever any cause or action, for any cause or demand whatsoever, shall be brought before any justice of the peace residing in the town of Berlin, either party to the action may, at any time on or before the return day of the writ and previous to the trial thereof, file with said justice before whom said action is pending a written motion that such cause be removed to the town court of Berlin; and upon the filing of such motion, said justice shall forthwith, and without proceeding further in said action, file with the clerk of said town court of Berlin all the original files and motions in said cause or action; and said clerk of said court shall thereupon enter said cause upon the docket of said court, and this shall operate as a transfer of said cause or action to said town court, which shall thereupon have full jurisdiction to hear and determine it at the next return day of said court, or at any time thereafter, in the same manner as if it had been brought before said town court by original process; and any bonds, attachments, or other security in favor of either party shall not be impaired by said transfer; and when said motion above provided for shall have been filed with said justice, any further order, judgment, execution, or proceeding by said justice shall be null and void; and said justice shall note said transfer on the original file, and shall be entitled to a record fee of fifty cents to be paid by the party requiring such transfer.

SEC. 7. All civil cases returnable to said town court shall be made returnable on the first Monday of any month, except writs of summary process, which may be made returnable on any day other than Sunday; provided, that the return day be not more than six weeks from the date

of the process; and all process returnable to said town court shall be served at least six days before the return day thereof, except in case of foreign attachment, in which case said process shall be served upon the garnishee at least twelve days before the return day, and shall be returned to said court by the officer serving the same on or before Friday of the week preceding the return day, except writs of summary process, which shall be returned at least three days before the day on which they are made returnable; and said actions, when returned to said court, shall be by the clerk thereof entered upon a docket to be kept for that purpose, and said actions may be continued until finally disposed of. Nonsuits or defaults may be granted on the return day of said action in case of the non-appearance of either party; provided, that said court may, at any time within thirty days from the granting of any such default or nonsuit, for cause shown and upon such terms as to payment of costs as it may order, reopen such cases in which such nonsuit or default may have been granted, order a stay of execution, if already issued, and thereafter proceed with said case in the same manner as though no such nonsuit or default had been granted. Upon the continuance or adjournment of any cause, civil or criminal, said court may make such order in relation to recognizances, bonds, or answers as may be deemed proper.

SEC. 8. A session of said town court for criminal business shall be held daily in said town of Berlin, Sundays excepted, and for civil business on each Monday of each month, at such place as shall be provided, as hereinafter directed, for the holding of such court; and said court may by adjournment sit at such other places within said town or at such other times as may be deemed necessary or proper for the disposition of the business before it, but the clerk of said court shall enter in the records of said court a memorandum of every such adjournment, and of the reasons for the same, and of the place to which such adjournment was had. And said town court shall be legally constituted for the exercise of all or any of the powers or jurisdiction conferred by this act whenever the judge thereof shall be present.

SEC. 9. There shall be a judge of said court, who shall be a resident of the town of Berlin, to be appointed by the general assembly, and he shall take the oath prescribed for judicial officers. He shall hold his office from and after the first Monday of the month succeeding his appointment in 1903, for two years from and after the first Monday of July, 1903, and until his successor has duly been appointed and qualified. Each succeeding judge shall hold office for two years from the first Monday of July next following his appointment and until his successor is duly appointed and qualified. There shall be a deputy judge of said town court appointed by the general assembly, who shall take the oath provided for judicial officers, and who shall hold his office for the term of two years from the first Monday of July next following his appointment, and until another is appointed in his stead; said deputy judge shall, in case of a vacancy in the office of said judge, or in his absence from the town, disquali

fication, inability, or at his request, act as the judge of said court, and shall, while so acting, have all the powers of said judge.

SEC. 10. The judge of said court shall appoint some reputable citizen residing within said town of Berlin as prosecuting attorney for said town; said prosecuting attorney shall be sworn to a faithful discharge of his duties and shall hold his office for the two years next following his appointment and until another is appointed in his stead. Within the cognizance and jurisdiction of said town court, and as may be provided and restricted by this act, said prosecuting attorney shall exercise the same authority and perform the same duties as now provided by law for state's attorneys in the several counties, but shall not compromise with or discharge any offender on payment of costs or other sum without the written approval of the judge; and said prosecuting attorney shall further have the same powers and authority as are now or may hereafter be conferred by law upon grand jurors.

SEC. 11. It shall be the duty of the prosecuting attorney diligently to inquire after, and make due presentment and complaint to said town court of all crimes, misdemeanors, and other criminal matters whereof said court has jurisdiction or cognizance, or wherein said court may proceed, whether committed before or after said prosecuting attorney's appointment to office; and said attorney shall, equally with the prosecuting agent for Hartford county, except when a proper substitute shall act in his stead, have and perform all the duties and exercise all the powers within the limits of said town and of the cognizance of said court, that are by law assigned to and conferred upon prosecuting agents under the liquor laws and statutes of this state.

SEC. 12. Said prosecuting attorney shall collect, in the name of the town of Berlin, and by suit when necessary, all forfeited bonds payable to said town, and, by the written consent of said judge, may compromise and settle such forfeited bonds for less than the full amount thereof, and shall pay all sums received by him into the treasury of said town of Berlin; and said prosecuting attorney may issue subpoenas for witnesses to be sworn before said court in criminal cases.

SEC. 13. The judge of said court shall act as clerk thereof, and shall keep the records thereof, and certify the same and copies thereof, and the prosecuting attorney shall receive all fines and costs paid before commitment; and all fines and costs paid after commitment to the keeper of the jail or other place where the prisoner is confined shall be paid by said keeper to the said prosecuting attorney. Said prosecuting attorney shall also draw from the superior court or court of common pleas all sums taxed therein for costs made in said town court, in cases coming before said superior court and court of common pleas from said town court by appeal, binding over, or otherwise, including all costs in cases before said town court where the accused shall be discharged for want of probable cause and the offense charged is beyond the jurisdiction of said court; and the judge of said town court shall draw orders on the treasurer of the town for all such costs

and fees as may be taxed by said court in any criminal case, and payable from the town treasury; and said judge shall, in his order in each case, specify the items of cost and the persons severally entitled thereto; and such treasurer shall pay such costs and fees only to the persons in whose favor they may be taxed, or on their written order, and all costs not demanded within sixty days after the presentation of said judge's order to the treasurer shall be forfeited by the persons entitled thereto to the said town of Berlin.

SEC. 14. No fees for attendance at court, for keeping a prisoner, or for assistance in making an arrest, shall be taxed or allowed to any officer serving a criminal process unless said town court shall find that such assistance, keeping, or attendance was necessary; but said court may tax and allow legal fees, at its discretion, to any officer making an arrest, when the accused was apprehended in the act or on the speedy information of others, but no fee shall be taxed for arrest when the offender is already under arrest and in the custody of a constable or police office or in the lockup. No fees shall be allowed any officer or bystander as a witness before said court.

SEC. 15. Said prosecuting attorney shall account to the treasurer of said town, monthly, under such regulations as the selectmen shall prescribe, for all moneys received by him under the provisions of this act, and shall pay said moneys, at said times of accounting, into the treasury of said town. He shall execute a penal bond in the sum of one thousand dollars, with a surety satisfactory to the selectmen, for the faithful discharge of his duties in the care, custody, and accounting of all moneys received by him under the provisions of this act.

SEC. 16. The judge of said court shall receive a salary of two hundred and fifty dollars per annum. The deputy judge shall receive for each day that he is actually holding court three dollars, to be paid by the town of Berlin, but the amount so paid to the deputy judge shall be deducted by the town treasurer from the salary of the judge. The salary of the prosecuting attorney shall be two hundred and fifty dollars per annum. The salaries provided for in this section shall be paid in lieu of all fees whatsoever for the services of said officers, and shall be paid monthly from the treasury of said town on order of the judge of said court.

SEC. 17. The same costs shall be taxed in said town court in all cases of criminal form or nature as are taxed in similar cases before justices of the peace, except that two dollars for docket fee, three dollars for the trial of the case, and one dollar on each appeal shall be allowed, and, if actually engaged more than one day in the trial of such case, two dollars for each day after the first day that said town. court is so engaged; but in cases under the liquor laws brought by a prosecuting agent for Hartford county the fee allowed by law to prosecuting agents shall be taxed in addition thereto, and paid upon the order of the judge to said prosecuting agent. In prosecutions for violations of the liquor laws in said town brought by the prosecuting attorney of said town court, said fee shall be taxed as a part of the