Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07


ed places for holding probate courts at such times
as the Judge shall appoint, and may be held at such
other places rs shall best promote the convenience
of the public within the respective PROBATE dis
tricts. The Judge may adjourn any court or meet
ing from time to time as occasion requires.
SEC. 3. The judge NAV, in vacation, do such
official acts do not require notice to adverse
party the same as in term time.
SEC. 4. The judge NAV keep order in his court,
and punish any contempt of his authority, srders
and DEGREES; administer oaths, issue commissions,
take testimony and compel the attendance of wit
nesses, ana the giving of testimony to the same
tent the supreme judicial court, and may appoint
such officers TO attend upon the court as are neces
sary for the transaction of its business and keeping
order therein.
SEC. ;. The proceedings in courts of insolvency
shall he deemed matters Of record and the assign
ment and certificate of discharge shall be recorded
in full The other proceedings need not he rec ord-
ed at large, but shall be carefully filed, numbered
and kept in the Office of the register. Copies of all
ceedugs in insolvency deposited in his Office, duly
certified by the reg ster, shall in all cases he adnis
slble as evidence the same as the originals would be
Sec. 6. The re ister may al nini'te all oaths
required in the course of proceedings before the
court, except the oath provided ny section thirty
nine Of this act and in the absence of the judge,
may adjourn the court or meeting, and shall keep
docket with an alphabetical index Of all cases,
with the docket entries of papers filed ard proceed
ings had in each
SEC. 7. All assignments, warrants orders of no.
tce and processes issuing from the court shall he
under the seal thereof, aud shall be executed and
Obeyed throu the state any officer to whom
they are legally directed shall serve the same in
any county The return of such officer shall state the
manner of such service, and shall be proof there of.
SEC. 3. Each county shall provide suitable court
rooms IN the SHIRE towns for all meetings, and the
safe keeping of all books and records appertaining
to the courts Of insolvency.
SEC. 9. The judges majority of them, may
make rules, in writing, for re -uatng and conduct
ing the business Of the courts, and submit the laws
to the supreme judicial court for approval, amend
ment or alteration.
SEC. 10. In all cases arising under this act there
shall be an appeal to the supreme judicial court
ne IN ha halo
the proceedings in insolvency are pending, which
appeal shall be heard and determined by any JUS
tce OF sa'd court either in term time or vacation
Upon the hearing Of such appeal exceptions shall
be to the ruling of such justice in matters of law,
which exceptions shall be certified to the chief
justice of the supreme judicial court and the argu-
ment, in writing, by the party filing such excep-
tlons, shall be sent to the chief justice within ten
days after such exceptions are allowed, and copy
thereof shall be served on the opposing party
his attorney, who shall in like manner forward his
argument in reply within ten days after such
! vice, and said exceptions may be considered and
decided by the justice of said court as soon may
be, and the decision shall he certified to the clerk
| OF the said court in the county where the case is
pending In ease arguments by either party shall
not be furnished within the time prescribed herein
| the case shall he determined without the argument
of such party, unless the judge allowing tire ex-
ceptions enarges the time, viii additional time
shall in no case exceed ten days. Such CLERK shall
without delay, certify all final decisions to the reg
lister OF the court from which the appeal was oriyi
naliy taken. Upon application Of either party
such justice may direct the framing of issues OF fact
10 ne Tried ny the jury ut the term to which such
appeal Is taken. When appeal is ia ken rs pro-
vidsd by ths section, notice thereof shall be given
to the register to be entered with the record OF pro-
ceedings within five days after the rendition of the
decision or judgment appealed from But the APP
| pellant, in writing, waves his appeal before the
entry thereof or fails 20 enter the on the first
day OF the term to which such appeal is TAKEN pro-
ceedinSs may be had in the court of insolvency as
| II no appeal had been taken. The prevailing party
snail recover the costs OF appeal in other cases.
ana execution may Issue therefor from the of
insolvency.
SEC. II. The supreme judicial court shall have
iul equity jurisdiction in all matters arising under
this act the powers herein granted may lie cxer-
clsed by said court or any justice thereof in term
time or vacation, and upon the request of either
party the justice before whom final hearing in any
preceding equity shall he had, shall certify to
the full court for deciding questions Of law involved
In such proceedings, to he heard aud determined
IN the manner provided in section of this act.
! SEC II. In tins act the words assignee creditor
aud debtor shall include Che plural also; the word
messenger shall include his assistants; and the
word sheriff shall include deputy sheriff
SEC. 10. Any inhabtant of this state owing
by petition to the Judge for the county within
which he resides, setting forth his inability to pay
all his debts and his Willingness to assign all his
estate and effects not exempt by law from attach
ineht ana seizure upon execution, for the benefit
his creditors and praying That such pr0ccedine IS NAV
lie had IN the premises provided in this act