The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-12-17
CUMBERLAND BAR.
Report of the Committee on Rcor ganiza-
ton OF the Superior COurf-Plain
Remarks by Pro al inent Eawyers.

| A~A Wv " AVA l1oi mootiuS W COuotuOE tuo III
sent organization of the courts of this count
and state-consisting of Messrs. Bion Bra
bury. John Rand and G. P. Mattocks-aI
report at future meeting to be held yesterda
afternoon. met the members Of the Bar at Il
Library Room at 8 p. m. yesterday.
The committee recommended the followin
amendments to the original act creating tt
Superior Court These amendments ar
substituted for Sections and.6 of Statutes {
1868, chapter 151.
The original sections read as follows
SEC. 5-Within said county said Superio
Court shall have exclusive appellate jursdit
ton of civil appeals from Municipal court
and trial justices exclusive original jurisdictio
OF actions Of scIre facias on judgments an
recognizances not exceeding S500;lof all bastal
dy trials, and Of all other civil actions at Law
not exclusively equitable by Municpa
| courts and trial justices, where the damage
| dem anded do not exceed $500. except com
| paints for fowages real actions, actions O
trespass quare clausum; and concurren
| original Jurisdiction of actions of traspass quar-
clausum, and of proceedings 10 habeas corpus
| and of all other civil actions at law where th
| damages exceed $500. except complaints fo
| howage and real actions.
SEC. 6-Said court shall be held on the frs
Tuesday of every month, excepting June JulJ
and August. Traverse jurors shall be drawn
and returned to serve at said terms as in tn,
Supreme judicial Court, except that the sam.
Jurors may be required by the justice to serve
for two succeeding terms. All actions shall
be made returnable at one of the three terms
next begun aud held after the commence mem
OF said actions. Ii the plaintiff desires a jury
trial he shall endorse the same upon bis writ al
the time of entry. The defendant shall, IA
days after entry, file his pleadings, and if the
plaintiff has not demanded jury the defendant
shall endorse on his plea his dem and for a iury
if he desires one. Whenever jury shall bs SO
demanded By either party, the clerk shall
enter the fact the docket. and all other
cases, except appeals, shall be tried by the
Justice without the intervention of jury, sab
l;Un TO .. * hotb 80 of Law ia term
party demanding a jury shall pay the iarv fac
and tax the same 10 his COSTS which shall bs
the same as in the Supreme Judicial Court if
he prevails; but in cases actually disposed of
without a verdict. the jury fee, if any has bssn
paid, shall be returned to the party paying it,
When defendant legally served does not
appear by himself or attorney within the first
three days of the term he shall be defaulted as
In the Supreme Judicial Court If the
defendant does not file his pleadings as herein
before provide, he shall be defaulted on the
first day of the next term after entry, unless
the Court for good cause shall grant leava to
fi'e plea or shall otherwis lawfully dspose
of the action. All actions duly answered to
shall be in order for trial at the next term after
entry, and shall be so tried, except for good
appellant as in the Supreme Judicial Court,
and jury fee paid by him at the time of
entry, and appeals shall be in order for trial at
the first term.
In regard to the above sections jury fees
have been abolished since the act was passed.
The following are the amendments SUBJ
mitted by the committee.
Sec. 5-Within said county, said Superior
Court shall have exclusive appellate jurisdic-
ton of all appeals from Mu, lei pal courts and
trial justices; and exclusive original iurisdic-
ton of all bastardy trials, aud of all other
civil actions at law not exclusively cognizable
by Municipal courts, police courts aud trial
justices, wherein the damages demanded do
not exceed $500, except complaints for fowage,
real actioos actions of trespass quare clausum,
and actions between towns.
Sec. 6-Said court shall be held on the first
Tuesdsys OF February, May, September and
November, and traverse jurors shall be- drawn
ana returned ia the m amer prescribed by law,
Of said court shall be transacted at the terms
holden on the first Tuesdays of May aud
November, and grand jurors shall bs drawn
and returned in the manner prescribed by law
to serve at said terms. If either party in apy
civil action desires jary trial be shall file with
hrst IA days of the return term, aud the clerk
shall enter the fact on the docket; and all
other civil actions shall, subjeot to exceptions
and matters of law, be heard and determined
by the Justice without jury, and the taxable
costs in said court shall be the same as in
Supreme Judicial Court.
In the absence of the president and secretary
MIR. j. j. Perry was elected chairman and Mr..
.. f. Libby secretary pro tenn.
Mr. Rand then reported the amendments on
behalf Of the committee He said they did not
think it necessary to 60 into the matter of the
State courts, but they did think the reorganiza-
lion of the Superior court would strike favor.
'bly upon every member of the Bar. The
committee believed in chance Of :---a;ShAisbly
% dstributs business rather morse.15T CURTIS
JeJween ING oaprCrIS9 %111HHln1y terms OF Eue
Superior court were desirable. These frequent
erms were too much expense for all people
having business before the court aud for the
county. Al present there are over 900 cases on
The docket Of the Superior court. BY
at least quarter OF this BUSH
ness would go before the Supreme court which
nowpossesses more of an ecclesiastical character
By the change proposed the number Of terms
will be reduced to four, and it Is believed the
business will be more rapidly dispatched. Civi!
business can be- transacted as now at the
criminal terms. The proposed change will do
away with the necessity of deputy clerk The
of Justics has never been so
much delayed Or expensive as now. What
the next Legislature will do With the cours
remains to be seen. That Legislature is bound
to distinguish itself and will probably take
hold of the cGurts. The committee did no.
think it advisable to NEEDLE with thu criminal
business of the Superior court, although it did
seen absurd to them for man to be tried for
his life b fore one msn no matter how good
that man may b..
Mr.. A. A. Strout said that while the bulk of
business came to the Superior court he felt he
echoed the opinion of the Bar 10 saying it had
been dispatched to the great satisfaction of all,
both lawyers and clients, by the excellent
ja lges who had been on the Bench. He also
paid high compliment to Judge Bonney. He
cit business had been facilt .ted by this court
with promptness that could not have been
noted if it had not been for the courts
existence. He thought if this matter was
agltated too much the Legislature would
abolish the court altogether and throw US back
where we were bafore its establishment,
time when we could hardly get case before
the Supreme court. He thought before we
made recommendation to the Legislature the
matter should bs fully understood-by printed
circulars announcing the proposed changes if
necessary-and he hoped the matter would
rest until it could be brought before the Bar
generally, ard generally discussed. Hs moved
ths laying of the amendments on the table
till an adjourned meeting, at fixed date, and
that the smsndmelts be printed, and the
Court Messenger give personal notice to each
member of the Bar with printed copy of the
proposed changes.
Mr.. Rand remarked that it was thought the
amendments would particularly tend to pre-.
serve the Court.
Mr.. G. f. Libby said that the committee had
provided for but two criminal terms. He fell
| the number of terms should be increased
| instead of shortened, as the business has
steadily increased the past five years. Some
| times he had been engaged as County
Attorney five weeks solid in one term. Al
long as the criminal docket embraces TIT
liquor prosecutions it will be impossible tt
properly transact the courts criminal bushes
L = q.