The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-03-05

Of shall be made by the adverse party or whenever
the same Court shall determine that any exceptions
made a. aforesaid frivolous and intended only for
delay the same Court shall award double OF that
Court, against the party making such exccptions-and
increase OF damage by adding to the same, interest
| thereon 10 the time Of hnal judgment.
| Sect. g. BE 1T furtfer enacted. That the Supreme
Judicial Court from and after the second day Of April,
snail have original and concurrent jurisdiction with
me Court OF Common Pleas OF all actions Of repleyin
uespass quare causun egt and of eiectment or real
actions arising within the counties Of this State re-
| speCtively.
Sect. 7, BE IL further enacted That nothing in this
ACT shall be construed deprive any party of MS right
10 rt OF Error, for any appearing of record
IN any action, or to prevent any party aggreved bv
the opinion or judgment of said Court Of Common
Pleas, rendered upon issue in law stated by
the parties (and where il is agreed the juds-
ment OF said Court shall be hraD from appealing
herefrom to the Supreme Judicial Court nor the par
| " prevailing IN such cases, from recovering costs
ProUided That stipulation except in actions of re-
plevn, uespass qae clausum regit and of eiectment
or real actions rescrving the right waive the plead
ngs or statement OF the made In the Court of
Common Pleas shall be allowed but the Supreme
Judicial Court may order amendments or repleader
upon such and conditions as law or Justice may
require
Sect g. BE 1t further enacted That the Conn Of
Common Pleas shall have power at the term when
judgment IN any action OF which said Court has final
ulereof, within one year from the rendition of such
Judgment, on motion petition, after giving due
ice Thereon to the adverse party, to grant Mw trial
OF any suCh acton for any cause, for which by the
common law new trial may be granted, or when upon
due examination, II shall appear 70 said Court that
justice has not been done between the parties upon
such terms and conditions the Court NAV deem
reasonable PrOrided That when there has been two
verdcts OF Jury IN the action, in favor of the
same party, new trial shall not be granted. And
hnn hatv
make and establish all such rules for the entry Of ac
tons, filing pleas in abatement and demuners TO de-
claraons for the orderly aud well conducting of the
bushes, thereof may be deemed proper, and which
shall not Re repugnant the laws of this State.
Sect .. BE Il further enacted That from and after
the second day OF April next, the Grand Jury
CURED 70 attend the Circuit Court of Common Pleas in
tne respective counties, and or two Jies
shah be required to attend the Court of Common
Pleas, holden within the respective counties as the
Court may direct, in the manner and under the
same penalties that they holden by law 10
tend the Circuit Courts Of Common Pleas and shall
give their attendance such days Of each
term as shall by the Court Of Common Pleas III each
county respectively be directed and writs of venre
faclas shall issue accordingly.
Sect. 10. Be ii further enacted That all actions
suits, matters and things which may be pendIsin the
several Circuit Courts of Common Pleas in this State
ana all wrs executions warrants, recognizances and
processes retIrnable and which would have had day
therein, had this Act been passed. shall after this
|
Act shall take effect be rctumabe TO, have day in
and be fully acted upon by the Court of Common
| Pleas created by this Act in the respective counties
where the same be pending or are returnable-
And all parties, Jurors. Witnesses and Others who
would have been held appear al the Circuit Court
OF Common Pleas, then next 10 be holden, after this
Aat shall take effect shall be holden appear the
next Court Of Common Pleas in the respective coun-
ties And said Court OF Common Pleas in the respee-
tive counties. shall have full power and authority 10
grant any execution 70 carry into effect anv Judgment
rendered IN the Circuit Court of Common Pleas in the
same manner, said last mentioned Court might had
| not TINS Act been passed.
Sect. IL. Be further enacted That from and after
the SAID second day OF April, tic Court of Common
! Pleas shall be holden annually within and for the
county Of York, a. Alfred the second Tuesday of
February, and second Tuesday Of October. and al
J ork on the lost Tuesday Of May At Portland, with
in and for the county Of Cumberland the first Tues
day OF March, on the third Tuesday Of June, and
cond Tuesday OF December; al Paris within and for
the county OF Oxford, the last tuesday OF Fcbrua
ry, and third Tuesday Of August; at Warren. within
and Tor the county OF Lincoln, on the fourth Tuesday
OF December al NscaSSet on the fourth Tuesday OF
April, and Topsham the fourth Tuesday Of August
at Augusta within and for the county Of kennebec on
| the second Tuesday Of April August and December
at Norndgwock, within and for the county OF Sonsr
set, Oh the second Tuesday Of March the last Tuesday
of June, and the first Tuesday of November a, Gas
tine, within and for the OF Hancock, on the
third Tuesday of March the second Tuesday Of JULY
and third Tuesday of Noyember at BanGor within and
for the county OF Penobscot, the first Tuesday Of
January and third Tuesday of June, and at Machas
within and for the county Of Washington. on the first
Tuesday OF March, and third Tuesday Oh September.
Sect. IL. BE it further enacted That each Of The
Justices Of said Court Of Common Pleas shall during
ms continuance in Office receive such salary as shall
hereafter be established by law And said Jusuces
notwithstanding any provision herein contained may
be appointed after the passing OF this Act as
the Governor may see ft provided no salary, which
may be established shall commence till after the said
second day of April.
Sect 10. BE IL further enacted That the respective
clerks OF the Courts, in the several counties of the
State, shall within ninety days after the termna-
ton of each session Of said Court of Common Pleas
within their respective counties. account for an oath
and pay over to the Treasurer of the State all the fees
which the Justices Of the Circuit Courts of Common
Pleas are by law entitled receive in said county,
And II any Clerk shall refuse neglect account for
and pay over the fees aforesaid he shall forfeit and
pay IN addition 70 the fees accrued penalty not
exceeding five hundred dollars, be sued for and re-
covered by tire said Treasurer for the use Of the State
Sect. u. BE 1t fyrher enacted That this act shall
take effect and be in force fom and after the second
day Of April next and all Acts and parts of Acts in
consistent with the provisions Of this Act he and the
same are hereby repealed, from and after said second
day Of April
FEBRUARY q, 1922, Approved.
ALBION X. PARIS.
AN ACT TO establish the salaries of the Justices
OF the Court of Common Pleas