Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1878-03-12

than two terms. Appeals shall be entered by the
appellant a. IN the supreme Judicial court, and shall
BE- in order for trial al the first term.
sEcr. 2. Exceptions may be alleged a. In the SUI
preme judicial court and entered heard aud deter
mined az the law term held In the middle district,
provided that when the next law term happens TO
be held IN either Of the other Districts the Justice OF
the superior court may, on motion Of the party not
excepting, certify the exceptions 10 said next law
term. II Ia his opinion they are alleged mainly for
delay but the party 30 moving shall be deemed 10
waive his right 10 be heard Ia Opposition 10 said ex
captions, which shall be entered and determined at
said next law term without argument By said party,
and upon the oral or written argument of The party
excepting Cases certified upon agreed statements
Of facts reports and motions for trials, shall be
entered, heard and determined az the next law term
In the middle district but any for the law court
may ~ agreement Of parties, be entered al the next
law term held ia either district And all exceptions
arising In within the exclusive Jurisdiction OF
said superior court may De certified az once BY said
justice u the chief justice Of the supreme Judicial
court, and shall when certified be argued In
writing on Doth Side. within thirty days Thereafter.
unless the justice OF said superior court shall for
good cause enlarge the time, and exceptions 80 GER
tilted shall b. considered and determined By the
lusuees OF the supreme Judicial court. may
BE- Decisions OF the law court ON all exceptions
aud questions from said superior court shall be cer-
titled 70 the clerk OF said superior court, with the
same effect a. in originating In the supreme
Judicial court in said county.
SEcr. 3 When n demurrer 10 a declaration l.
0veTruled, the defendant, Notwithstanding ne ex.
eepts, may plead anew within such time the
justice orders, but In ali where exceptions are
alleged by the defendant, the action shall, nOtwith
sanding, remain upon the docket OF said superior
been taken, until the case Is in such condition that
the overriding Of said exceptions yOuld finally dis
pose of H. And the action snail tben he tranirred
% the law court or certified TO the chief Justice
thereof, as hereinbefore provided for the hearing
and determination Of all exceptions arising IN any
Scr. o The supreme judicial court sitting AZ a
court of law for the middle district shall have the
same jurisdiction OF all questions of law, motions for
trials and questions arising reports or agreed
statements Of facts, originating in said superior
court as II they had originated In the supreme ju-
dcial court for kennebec county: and sfd law cofrt
sitting I'm either Of the other districts shall have the
same Jurisdiction Of all questions and motions GER
uhsd thereto nom SAID superior court as kerenbe-
fore provided. And all provisions flaw and rules
of the supreme Judicial relative TO the transfer
Of actions and other matters from the supreme
judicial court for said county or from It's soctet 10
the docket of said law court, and all provisions of
law ana Tlies regulating proceedings in such cases,
and the effect of such proceedings shall apply 10 the
transfer OF actions from said superior court or its
docket TO said law court and to the proceedings I'm
such cases, and the effect thereof except so far rs
hey may be inconsistent with the foregoing pro-
seer. 10. Said superior court Is hereby authorize
ed 10 administer all necessary Oaths render judg-
ment and issue execution, punish for contempt and
compel attendance, In the supreme judicial court
TO make all such rules aud regulations nos repug-
20 law, may be necessary and proper for the
administration of justice promptly and without
delay; and the provisions OF law relative TO the jurs-
diciion of the supreme judicial court I'm sas coSnf
over parties, the arrest OF persons, attachment OF
property, the time and mode of service of precents
proeeedfoTs I'm court the taxation or coat fhe ~
dition of judgments, the Issuing service and reurn
of executions, and all other subjects, are hereby
made applicable and extended % said superior court
the provisions of this act; and said superior court
Is hereby clothed as fully as the supreme judicial
court, with all the powers necessary for the PERFORM
ance ofali its duties.
SECT II. Final judgments in said superior
court may be re-examined IN the supreme judicial
court writ of error, petition for review
and when the Judgment is reversed. the supreme
judicial court shall render such judgment as said
superior court should have rendered, and when a
review Is granted it shall be tried I'm said supreme
judicial court which rhall have the same power
10 grant writs of supersedeas of executions Issued
from said superior court IL has of executions is
sued from the supreme judicial court.
SECT II. In case the justice of said superior
court should, by reason Of continued sickness. or
other cause, be prevented from holding n term or
erms of said court. any justice of the supreme
judicial court may at the request of said justice
said superior court, hold such term of said
superior court in place of the justice thereof. And
during vacancy in the office of said justice of said
superior court all wrts issued from the office of the
clerk thereof shall bear teste of any the JUS
tees ofthe supreme judicial court Whenever the
justice of said superior court shall be disqualified by
interest other lawful cause from trying any cause
pending in said court, said shall thereupon be
transferred to the docket Of the supreme judicial