The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-02-05

that - the ii had passed I've Ser sac Ivy h.a rcl,,
il was after I'LL discussion and ihcluagh iares,i-.
One Judge was sufficient 70 w q cause. ~, -
the amendment would lcf prevail he Lad nOt h,,.
any good reasons in rs favor ID induce him " ~
hcve that the bill in this respect Ought 10 BE- ,lrr
I laenFrent lcxt
Mr., Thatcher afterwards moved to amend ihc .al
by striking out the second section aud inseglns w
second section OF the hlll the coalrec III orclf
with some amendments lie considered The s.copI
section OF the bill under consideration extremely AM
fective II provided for Court of THREE Judges ~.
out Chief Justice. lie thought that every body opr
10 have head--and he knew Of no similar Conn
which had not Chief Justice Ifany communication,
should be made ~ a LoUr there WI. IN III W prn,.r
organ Of Communication. Ii the SfyrcTnH Count shoaa
Send pTecept TO the CJuft ~ Common Pleas de-,
would more easily ard nsicTiiis communicate With te
Jg'se. who nIight bg designated tba CArf justice
The provision IN the section, costs he thought
unjust ADD unprecedented. II provided that vhensr
action should be continued from term 60 term b, con-
sent " parties no cost for travel enhance rxce
in certain cases should be allowed 20 either park
during TIC rcndcrcy of The action III sand Court ater
the day of the hrst call thereof This went 70 deprse
the parties their usual ard proper allow ance ~.
only for themselves. but their Witnesses. after The rs,
cal ol the action which must necessarily IN at TN
first term. This would operate hardly upon suit
os, who snust pay their counsel and Witnesses. ana
Il would amount. u poor man, sometimes, a denial
OF gsce.-AlF IT. considered the attempt TO rCguafe
the Court ntAfious particulars altogether extra
ordinary They should meet AT a particular Tour;
"jurytlias shall have precedence Of other matters
and he beard IN succession, without delay no excise
however urgent proper 10 be ddastted 10
continuance shall DC granted on noton Vi either AF-
IT, except for good cause, &c. This seemed 70 it
provision OF supcTCroLaton. at least. Ivy presumed
the Court would be crmposed O. honest ard intelligent
who would regulate their Court justice WI,
require III every case Hc hored tie section Uorld
give place 10 that reported. M sltTUa TINT at
much better tban the ono proposed.
Il is impossible % GIVE III length the remarks which
Mr. /. made bat he aided many cogent r aS0S 30
enforce the prupriety III tile amendment W. 10 nut
profess to give the debates entirc We aim % give the
substance only. Much aust Of course ID lost.
Mr.. SPSaguc said e. 4 lie thought the gentleman
from Wanen had not rightly construed the operation
OF the law, as 70 costs. the Court had discretion
upon that subject. The gantleuln han said tuat this
ought 10 be 50 le-as the Csirt would have much
Of IFS time consumed in discussin. this que stion He
thanked the gentleman for giving hh another
OF objection 10 the srGtionAir. :. said lie presumed
that the gentleman from Warren hal not gwen the
right construction that part Of the section which arr
Piled 10 costs for travel and attendance. as that wss
generally considered applicable parties only Tic
should HE 10 hear the gentlemans reply.
Mr. Thatcher said--what is written Is written. AS
the law gives 20 costs. SprVssy, ia the alluded
to- ne did not that YOU could grt az trcm hy law
whatever you might get by Construction. Witnesses
travelled and attended well parties at least ID
ought not 10 be a sub ct Of doubt.
Mr. Ihys Of SouM Btrrick. proposed an amend
ment by providing that Of the Judges should DC az
pointed and commissioned as Chief Justice MIR HAYS
SAID 1t vas not necessary 70 give him large salary
There has never been Instance ui court without
a Chief Justice.
Amendment carried. fG 1919.
Mr.. Gardner Of Gocdiaer. proposed ~ amend
msnt by striking fom tho second section the fol.
loving provision:
And except in Of inevitable failure. the said
CONT shall be opened N Of the clock III the fore
noon on the first day Of the and proceed the
business before u. and all parties by themselves or
counsel shall AZ their peril, attend in readiness there
Tor Jury trials shall have precedence Of other
tiers, and he heard IN snccession without delay
Which after some DISCUSSION was lost and the ill
passed 70 be engrossed amended
The Senate cnncurcd with the House in Tic fore
going amendments