Eastern times. [volume] (Bath, Me.) 1846-1857, 1852-04-22
STATE OF MAINE.
An Act concerning the Supreme Judicfn7
Court md its Jurisdiction.

STATE OF MAINE.
An Act concerning the Supreme judicial
Court and it's Jurisdiction.
SECTION l. The act establishing the district
courts and their jurisdiction, and all acts ad-
ditional thereto, are hereby repealed, and the
entire jurisdiction, civil, criminal and appel
late, of said district court and all powers incl
dent thereto, are hereby transferred to and con-
ferred upon the supreme judicial court, which
court shall henceforth exercise the same in the
same manner as heretofore authorized by law
to be exercised by said district court, or as the
Supreme Judicial Court are authorized to ex-
ercise the same in similar cases and shall
grant any execution other process necessary
to carry into effect any jud gment. order. or de-
cree of said district court, as fully said dis
trict court might have done, had not this act
been passed.
SECT. 2. The records of the district court
and the custody of the same, in each county, is
transferred to the several clerks of the supreme
judicial court for such county, TO whose attes-
tation of the same, or of their contents, full
faith shall be given.
SECT 8. All indictments and informations,
all civil suits and all other processes, civil or
criminal, pending in the district court shall be
and hereby are transferred TO the supreme ju-
dicial courts of the several coenties in which
they are pending, and shall be entered on the
docket of the same at the first term next after
the passage of this act, and shall have day
therein; and all writs, petitions warrants and
recognizances, appeals in civil and criminal
cases, and all processes whatsoever, returnable
to, which by law should have been entered
at the term of said district court next after the
passage of this act, shall be returnable to and
be entered on the docket of the said supreme
judicial court, at the term of the same holden
next after the term in which, if this act had
not been passed. they would have been en-
tered, and shall have day in said Supreme
Court. And all parties, jurors, witnesses, and
others who would have been held to appear at
the term OF the district court next to be holden
after this act shall take effect, shall be holden
TO appear at the term of the supreme judicial
court next holden after said term of the dis
| trict court.
SECT. 4. The State is hereby divided into
three judicial districts, which shall be denomi-
mated the western, middle, and eastsrn dis
tricts.
The western district shall be composed OF
the counties of York, Cumberland, Oxford and
Franklin.
The middle district shall be composed of the.
counties of Lincoln, kennebec, Somerset and
! Waldo.
The eastern district shall be composed Of the
counties of Piscataquis, Penobscot, Hancock,
! Washington and Aroostook.
SECT. 5. There shall hereafter be three adj
! dltional justices of the supreme judicial court
| making the number seven instead of four, as
now prescribed by law, who shall be appointed
and commissioned as prescribed in the conssi-
! tuition.
SECT. 6. The supreme judicial court shall
be annually holden by at least majority
thereof, for the purpose of hearing and deter
mining all questions of law or equity, which
may arise in any mode, in the several places.
and on the several days, as follows:
In and for the western district, at Portland.
on the second Tuesday of May.
| In and for the middle district, at Augusta.
on the second Tuesday of June.
| In and for the eastern district, at Bangor. on
| the second Tuesday of July.
SECT. 7. The several clerks of the supreme
| judicial courts for the counties of Cumberland.
kennebec and Penobscot for the time being,
shall also be the several clerks of the western
middle, and eastern districts respectively, and
they shall severaly keep docket for each dis.
trict, upon which shall be entered all cases at
law or in equity pending in any county in the
district, and removed to and entered at the law
term in the order of counties, as follows:
Franklin, Oxford, York, and Cumberland in
the western district.
| Waldo, Somerset, Lincoln and Kennebec, in
the middle district.
| Aroostook, Washington, Piscataquis, Han
cock and Penobscot, in the eastern district.
SECT. s. All motions for new trial upon ey-
idence as reported by the presiding Justice, all
questions of law arising on reports of evidence.
| exceptions agreed statements of facts, cases in
| equity and all cases. civil or criminal where a
question of law is raised for the determination
Of the supreme Judicial court, sitting as a court
of law or equity, shall be respectively marked
law, on the docket of the county where thew
| are so pending, and shall be continued on the
same until the determination of the questions
so arising. shall be respectively certified by the
clerk OF the district to the clerk of the county
where they are pending, except as is provided
in the tenth section OF this act
SECT. g. The judgments, orders, or DEGREES
of the court at the law term, shall, if made in
term time, be entered by the district clerk on
his docket, or if pronounced at any term held
for the trial OF causes by jury in any county,
the same shall be certified, by the clerk Of
such county, to the clerk of the district in
which the same is pending, who shall enter
such judgment, order or decree, ON his docket.
and shall certify the same to the clerk of the
county where the same is pending, and such
further proceedings shall there be had. and
such judgment shall be entered up, as the or.
der or decree of the court shall require.
SECT. 10. In case said suits, civil, criminal.
or IN equity, and thus marked law and contin-
ued on the dockets of the supreme judicial
court, for each county, respectively, shall not
have been entered at the next succeeding law
term within the district, by the party whose
duty 1t was so to have entered them, then up
on motion and proof thereof, the presiding JUS
tee, at the next, or the second succeeding
term after the law term, in which they should
have been entered, shall enter up such decree,
or render such judgment by nonsuit, default or
Judgment on the verdict, or other mode, as to
law and justice shall apperain.
SECT. IL. No justice shall take any, part
whatsoever, in the hearing. deciding, or deter
mining any question of law or In equity, IN
which exceptions have been taken 10 MS Or
ders, rulings, decisions, or decrees' or IN which
any ruling or decision OF his IN matter OF law
NAV be over-ruIed or reversed
SECT. IL. The justice presiding at terms
holden for iury trials, shall hear and determine
all canses whatsoever, without the intervention
of a iury when both parties shall have so
agreed. and entered such agreement on the
docker. and he shall direct what Judgment
shall be entered up in all causes SO by him de-
cided.
SECT. Is. All appeals from the DEGREES of
the judge of probate, except such as by law are
tried by jury. which shall be tried as hereto
fore, and all petitions for review, may be heard
and determined by the presiding justice, at any
term held for the trial Of jury causes, subject
to exceptions to any matter Of law by him SO
decided and determined.
SECT. IA. All causes in equity shall be
heard and determined at any term, held for the