The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1820-07-11
STATE OF MAINE.

y a T. VI VI ZINE.
AN ACT establishing Supreme Judicial
Court within this State.
DE-, enacicd tg The Senate and House Of
DEC ID Representatives. in Legislature assembled
Tina, there shall be Supreme Judicial Court with
In this State, to consist of one Chief Justice aud
two other Justices, each Of whom shall be an in
habtant Of. this State, fsobriety Of manners and
learned in the law, 10 be appointed and commission
Ell as Is by the Constitution provided and they or
any two Of them, shall be Court, and have cogni-
lance Of pleas real, personal and mixed and OF
all civil actions between party and party, and be-
tween the State and any of the citizens thereof,
wIs Their the same do concern the realty, and re-
late 10 right Of freehold, inheritance or possession,
whether the same do concern the personally, and
relate to any matter of debt, contract, damage or
personal injury; alec all mixed actions which do
concern the realty and personality brought legally
before the same Supreme Judicial Court, by ap-
peal, review, writ Of error, or otherwise; and in
all such actions real, personal and mixed, 10 give
such judgment, and award such execution, as the
common rules of justice and the laws Of this State
shall direct and shall take cogn1ance Of all CAPT.
tai and other offences and msdemeanors whatsoever
of public nature, tending either TO breach Of the
peace, or the oppression of the citzeD raising OF
faction, controversy or debate, TO any manner OF
misgovernmeDt; and Of every crime whatsoever
that j. against the public good, and shall by virtue
Of their Office, be seyeray eouservators ofthe peace
throughout the State. And upon all persons duly
and legally convicted before the said Court, OF
uuni.hmsnt as by the laws Of the State il provided.
And in case OF legal conviction, where no punish
ment by statute law Is provided, then the said
Court shall punish the person so convicted, accor-
ding TO the common USAGE and practice within this
State, not repugnant to the Constitution, according
to the nature Of the offence. And said Court are
hereby invested generally with all the jurisdiction,
power and authority, except in relation TO the APP
pontment Of Clerks, and enjoined to perform all
the duties, which by existing laws adopted by the
Constitution, and not repuguant thereto, appertaiD
aud belong to the Supreme Judicial Court. Aud
may issue all manner Of writs, executions, cert6-
Gates aud processes whichever, for carrying into ef
feet and authen sting any judgment, order or adj
Indication whatever, which may have been rendered
in the late Supreme Judicial Court, in any county
within this State prior TO the sixteenth day OF March
last; and pill suits, wrIts, executions, certificates
and processes, when so issued shall be of The same
effect, and be executed, levied and extended in the
came manner, as il issued on any Judgment, order
or adjudication of the Court hereby created and
all records and documents Of the late Supreme
Judicial Court, now remaining in the several
counties in this State shall be placed and re-
main under the control aud authority Of the Su-
rreme Judicial Court Of this State, in the same
iUditT hhu LOT ttic sdusC puipoStr az Wc ISeoiuo
and documents Of their own dongs, and the Clerk,
Of the same Court shall haze the like power in re-
Iaion TO the one as the other Of those records and
documents.
Seq .. .1nd be IL further enacted, That the same
Supreme Judicial Court, may by csrtiorari or other
legal methods, TO be brought before them, as
wtll indictments or other criminal prosecutions OF
civil proceedings pending IN, as the record Of sen
t,nces, orders, DEGREES, and Judgments Of any
Inf. r,o rY,u,inal mi nd
10 proceed, order and award thereon, as is or shall
be by law provided and directed Aud the said
Supreme Judicial Court ~ empowered 10 impose
aud ADMINISTER all oaths as well those that are ne
cessafy for promoting justice between party and
party these necessary TO the conviction aud pun
istment Of offenders and TO punish at the reason
sble discretion of the Court all contempts commit
ted against te authority OF the same and the said
Court shall have power TO issue all wrts Of prohbi
ton A. mandamis, according TO the law Of the land,
20 all Courts Of inferior Judiciary powers, and all
processes necessary to the fur,hesanoc OF JUST ee
and the regular execution OF the law.
SIC. 3. find be ii further enacted, That all writs
and processes of the same Court shall he in the
name of the State Of Maine, bear test OF the first
Justice, who isnot party to The SUIT, and shall be
under the seal Of the same Court and signed by
the Clerk
SEC. d. And be H. further enacted, That che same
Supreme Judicial Court, shall aud may, from time
TO time, make, record, and establish all such rules
and regulations with respect TO the admission OF
Attorney aud Counsellors, ordinarily practising in
the said Court, aud all other rules respecting modes
OF trial. and the conduct Of business, the dscre-
ton of the same Court shall dictate Proridtd al
rays That such rules and regulations be not repug
nant to the laws Of the State.
SEC. 5. And De IL further enacted, That the Su-
preme Judicial Court shall be holden at York IN
and for the County Of York, on the second Tuesday
OF August neat; at Portland, in the county Of
Cumberland, and for the counties of Cum berland
and Oxford, on The fourth Tuesday of August next !;