Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-12-24

1he term enabled for the county OF bv3%, 70 be ho
den J, B. IN the month of Auguf is liable alto TO an OBJ
lection iurgelted by the eaon and the experience OF ht
court Inc apprehenGo fever ana deaie which then
prevail in nopui1us cities endanger complete
interruption and under the noi favorable crcumtances
the ufu hear Of he weather and the nfnauon o. their
counhoue render every attempt at bahnes rSiome nc
LET'S to the and Suitors than to the sunce OF the
Court.
II decidaq quefons Of law the Supreme Court are re-
nr6ed to the Counties wce the actions ili DC pending
which are be removed even with the content OF tn
parties heretofore This is necedaTy ene1t y u : no
the intention OF the law; for the term to be attended Dy
all the Juces OF the Court wiz be cenpieiety ccaped
leach County by the actions there pending.
AT this full term as il may be ltyed OF tie Court eue
ttns Of the law being then e1ciuhVey wilma the nrdlc
tioa of the Court mt be preferred TO traS OF iac me
DELAYS which may be thus produced will be extremely III
to the jurors Parties and Witnees waiting thro
1heie necefary Ioncments nd when 70 queit2ns OF
law we add appeals the Probate Court 2t trials up
ION capital ofcnce refraned ALTO to tins tn Term \ may
be uty unprecedented, chat, in Tome counties at eai the
trials of es of fact civil caules will beproceeded M out
year, and the attendance OF Fartes and
Witnees at the full term will he often found an neectul
| expene, ... 800.
Books of law fornetimes an exteniye library icdif-
penabe republics in dncuiiing and deciding queaonS OF
law The court cannot proceed IN them with que regard
TO their re,utaton or their duty the pubic, without
an opportunity Of conut4uon In many countes TINS op
dartfny canaot be had andwhcre may, can hardly be
Ell 2oyed with advantage in the hurry and ague OF Their
circuit duty In all thele cafes great delays mott u"ay
poponements of years contnuanceteem ine'1tabe under
this 1yaem. "a
The ufpenon Of criminal projections viii have ten
dency ea4nger The peace Of the eved countess anq
enhance the public expenie while, 10y the lame OPERATION
nnocen, men, thole who upon convcten may be pun
ihabe IN flight degree only may be inbected to mp1i-
onmens or other retrants of long continuance merely
TO await their trials Upon acctaons for capital oehce5
the goal delivery will be annual TIE PurPoie OF the pro
I,r
vions upon this head, undoubtedly humane o 'hey
pear TO rs to be chargable with extreme aution Tor
the trial of ents the number Of the Jury VIII ne the
fame whatever may be the number on tee Jutce prehdg
and the Jury that law more eIPetauy ltIaiis
the public tafetv and the ecurty OF individuals ia cfIni
rroccutions And it may be added that no !ndge icn-
bic in av ddgree to the responsibility of his tuaton, would
haRy init psnhment, where doubt had been excited
In his own mind or could be ftggeed by learned eounc
at bar the egayof the conviction or otthe cvae
ad ned in producing it. Bilo exceptions IN crn@ eau
es afford certain remedy aganA every Poibe evli which
may he unprecedented the feverty negligence OF
Judge In that mode the proceedings 10 Gales o. real d-
fcuty night be ltpendcd more ipeedy Administration
of ;uce might obtain in other criminal preecuhons' where
the Jury may acuuit the accuad where CONVICTIONS may
be upon confeon clear of every poble doubt OF law
fact.
Having erpoed, to h. confederation of your Exceleu-
cy, the opinions entertain. OF the exiting PoVonS OF
the Statute relative the Jucay 10 TAR as repettS the
Court of which have the honor be Judges we rely on
your candor for an exemption from the charge of Prenp
ton, for Eating, dinincy that ytem, winch mech con-
6deraton and anxious reflection have induced us TO be-
eve mott conducive 10 the fecury OF the ctzen--the
protection of fe liberty and property and which, while
It conforms, eeatay, the wife injunction OF the CON
(ution, OF administering Ifice promptly and without
delay, will be found leen much the expenies OF law
fus We propote
l. That the State he divided into four circuits cont
IL OF the bitria of Maine Cd OF Suffolk, Nantuc-
ket and Eaez; Cd. Of Nddefex Worceiter, Fappthlre
and Berkhire and 4h. OF all the other Counties n the
Commonwealth
@ That twice III rear there a be holden in each
~, into which the Supreme Court Is now by law to go
Circt Court of the Supreme judicial Court hy one OF
of the Juces thereof who fali be authorized to
prede in the trial of all ues of aa, render judgment
and award upon verdGt and IN all other cafes
not depending difputed auctions Of law but III tfals
charges for crimes and alto quclons OF amony a1c
divorce, the uces Of the Court of Common Pleas OF hc
County fa with the attending Juice or lutces OF the
Supreme Court, comp0fe the Court
g. That there ihall be holden annually, three terms OF
the Supreme Judicial Court Bottom End the others II
fuch places as will bc accommodate the people, by the at
tendance of council if it houd be thought more fol
the equal convenience of the people, the two a
maybe ambulaorY At thee of the court 1t thai
be the duty ali the Juice attend They ha finally de-
auctions oflaw both Of civil and criminal nature
and this purpo provon mu be made on the Ole hand
for the ace removal of all actions depending IN the Circuit
Courts to tire Supreme Court and on che other for th
prevention removals for purpoe Of vexaton and delay
A. That original uriidi6hoh be gven to the Supreme
Court concurrent with the Of Common Pleas in al
cafes where the title to real eate may in queition
and where the in controversy Of the value OF on
b2aitel dollars.
s. That appeals be made reviews bad, but in pur
iuance OF ipeca order of court but that the INTAKES OF
of the common pleas a only be corrected by wr
of actions of reviews, pecially granted. Both
courS however grant trials, upon principles OF
law; and
That the exemption Of Juices of the Peace from ferv
| ing on juries be repealed. u
As we believe we can communicate ideas, tbs i'm
poran fubiet with more precicn and accuracy IN h'
form Of bills than any other manner, we have taken thu
liberty herewith, trann your txcellency, two bills
which compriie all the above particulars except the aah
Your Excellency win perceive that the great alteration
propofed in this fyten, the authority intended to b
given Judge prclde Ia the trials of ilres of fa