Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-02-26
SUPERIOR COURT IN KENNEBEC
COUNTY.
The Act Es'ab ishing the Court, and Act
am, ndnto.y thereto.


kenuebec.
b, Il .naced by the senate and Hous. Of Representa-
tues IN LegiSiature assembled, as follows;
SscTIoS l. superior is hereby establ shed at
Augusta within Tor the cOuhy OF kenueDec consist
lug OF ustice VINO shall BE- an inhaoitat OF said
county, Of sObriets manners anu learned IN awi he
TO the constitution.
sgcr . sad justice stall establish a seal for said
AMI all wits processes issuing the rvirUm shall
be- ia the of the state, Of the usual forms besrg
the ste OF said justice, DIR the seal of said court and
shall I've signed by its clerk they shall be Obeytd and
tcutcd thorougnOut tine state
3. The ell rk for the time being Of the supreme
judicial court ia said county shall also be clerk Of sad
superior court aud shall for his such
fees dosed other clerks for similar in the
supreme JUDICIAL court lie shall appoint d. putty, APP
proved by SAID justice, who sh ali act clerk of said
perior Whenever said court and the supreme judi
cia court happen 10Th TO be in session In said couty
nd whenever said clerk Of the supreme judicial court Is
absent, the office is vacant, ad justice msy appoint
to supply the vacancy curing such absence until
appointment is made by the governor and council or
by the supreme jud,i court
4 The sherid OF the county OF kennebec sha
attend said superior court, unless the supreme Judicial
sba be in session in said cOurty In which case he hall
specially detgnate deputy approved 10y said Justice o
said hyperion court, 70 u attend And whenever it shall
happen tat said justice vented from Attending at
The and place when SAID court by law BY ad-
ournmsut ought to be held, said sheriff deputy
s H. By oral proclamation, adjourn said court from day
b day until said jus ice shall AlteLd.
s. Within said county sad hyperion court shall have
exclusive pp-llate jurisdiction OF cNIl appeals
nicipA ts pJce courts. aud uitl Jastce exclusive
nsl jurisdiction of actions Of scire acas judgments
quiz exceeding 1--WE hundred do ar of all
blsta TRIALS and of all JlheT civil ActO- at law
cu yey cognzabie by municipal courts, police courts
aud justices, whore the damages dtinanaed do not
exceed one thousand dollars except complaints Of How
age acuns actions Of respass quar- ciausum; aud
concurrent original Jurisdiction OF proceedings in haoeas
corpus.
es.r g. Said C urt shall be held on the first Tuesday
February aud April second Tuesday Of June, aud first
Tuesday OF September and December. Travtrs Jurors
sf.lIf a. lfl Serve nj sAlI in
preme judcio court except that the juror.
mas required BY justice for two
terms. actions shall be- made reurnabe at Of the
tSo terms next begun and held after the commencement
VI such actions II the plaintiff desires jury trial, he
sha lndOrse the upon his the time Of entry
The defendant shall within fourteen days after entry h
his plea ngs, and II the plaintiff has MT demanded
jury the defendant eli II indorse his plea his demand
f.r Jury, he desires Whenever jury shall be
Aude by eIher party, the clerk shall enter that
fact the Docket and all other except appeals,
tried by the Justice without tn Intervention Of
jury subject IN matt rs OF law, 10 term time,
81 both parties desire, a. chambers. NheneveT by
cdent or mistake tie plauf ais to inlurse upon his
writ at the time Of entry request tor jury ti or If
defendant, by ACCIDENT or mistake shall fail TO III
upon his plea when flied, demand f1r jury, the
court may on motion Of either party at its discretion, or
der triAl by jury IN tue Cause. When def ndant,
legally served, does not appear by himself or attorney
within the frat three days OF the TERM he shall be de-
f4uted supreme Julcia court IL the defendant
ME hrs pl-sdngs LertiLbcfOre provided, be
shall BE- deiaultei the first Say VI the next term after
try unless the c. urt good SHAH grant
file p.a shah erSise lawfully disp Of the
ton. AL actions duly answered to shall be in order for
TT al at the next e IA after eotry, and hHll be 30 tried
except for good cause, ana in shall painH
cover travel and attend 1ncr for than
Appeal shall be catered BY the appellant IN the
judicial court aad shaft be In order fer trial at the
first term.
sscf. :. Exc ptons may be alleged in = supreme
juIcial court entered hearu aud drt ruined the
.w term h Id iu the m1els district " vdei that when
the nA law term hApp q, 10 be neli in either Of he
other di-tct> justice OF the superior may, on
If the party nOtexc pt certify the eXc-p ions
to said law il his opiuon they allygeu
manly for delay but the party moving shall
I'd his right ~ lie IL ari m opposition to sii
ceptuu., which shall b. entered AMI Il ID
law with, ut argun 1t - sad party, ard upon
the ora or VII ten argument Of the patty ept Z
Gases certified upon agre 4 m nts Ct facts, r-pur
and motto trials sAI he 4, ht ard aud
we'd at th- law term ia the mi IDLE district
but any for the law court may by agre 1T II par
ties, be entered at the next law term hi IN either DIS
trct. Aud all exceptions arising ia cases wttn tn
elusive jaTisd tim OF said supr court my be
ded by vi justice 10 the chief ia lice Il The
preme Judicial court and shall, when certified, he
gued ia writing OF tn sides, thin tn days Ia, re-
alter, unes tie just Of sil superior cou sha l. (,
good cause the time ami exceptions certified
shall be considered AID determined by the Justices Of
the supreme judicial ur may be. Decisions Of
the law all exceptions All questions said
superior shall be certified 10 the clerk OF said supe
ror court with the Ell CT originating
the su prvtne judicial court IN said county
SyCr 5 When a Il, murreT T. a declaration is over
ruled, the defendant, tShstandirg he excerpts may
plead anew within such time the justice orders
hut in all cases where -epti ms are alleged b,
defendant the action sh III Notwithstanding remsn
upon the docket Of said superior and be
proceeded with If except had been taken until
the in uch condition that the rruug Of said
exceptions would finally dispose of it. And the acton
shah then be- transit to the law cour:, certified t.
th- chief justice thereof reinoef provided the
hearing and dettrmuAu OF sll pOus arisi x in
any stage Of the case
ssor . The suprs me judicial cour sittin as court
Of law fr the middle district, shall have the jurs
dc,ion Of all queso Of law, motions Lew TRIALS
aud questions arising on reports agrved statement. OF
facts, originating in said Superior court they hal
originated in the suprem Judicial court for nuebec
county and said law court sitting in cit the other
and motions certified th,reto ON sad superior court a
heretb before provided. And all provisions Of law and
rules the supreme judicial court relative the transfer
of actions ami other matters from the supreme judc.
for said cou y or from its docket TO the docket Of
said law court and all provisions OF Law and rules gu
ting proceedings in u cases and the effect Of such pro-
cetdnHs, shall apply tn tn transfer Of actions from said
perior court IFS docket ad court and tn the
puceedii ia such and the effect ereo excrpt
far h.y be inconsistent with the fOegoi Provisions
Of this act.
st,r 10 said superior court hereby authorized to
administer all necessary ,ths render judgment and is
sue execution, punish for cont mpt and compel aten-
IA &C. in the supreme Judicial court; to Ike an such
rules and regulations, not ugHsnt Ia law may be
necessary and prop for the sdminsra # justice
promptly without delay aud the provisions Of law rela
tive the jur.d c.ion Of the supreme Judicial court
said county parties, the of rsons attach
met Of property the time ard mode Of service Of pre-
cepts ngs In court the taxation Of the
nn of judgments the issuing, service and return ofe
utiOns and all other subjects hereby made applca
BILE and extended said superior court in all respects
except lar they modified by the prov ions of
this act, aud said superior is hereby clothed as
fully the supr me judicial court. with all the powers
Ii, CESAR for the p-rlor lance Of all its duties.
SECT. H. Final jud gments In salt superior court NAV
be rr-eNsmned in the supr' Judicial court
error, petition for review, md when the Judgment
is reversed supreme Idca shall render such
81 \ said haVp