Ellsworth American., 1878-03-07


shall be considered AID determined by the Justices OF
the supreme judicial court be- Decisions Of
the law court all exceptions and questions from said
superior court shall be certified to the clerk of said supe-
rior court with the effect in originating in
the supreme judicial court in said county.
SECT 8. When demurrer to a declaration is over
ruled the defendant he excerpts, may
plead within such time the justice orders,
but in all cases where exceptions are alleged by
defendant, the action SHALL Notwithstanding remain
upon the docket OF said superior court and be
proceeded with exceptions had been taken until
ID in such condition that the rruing OF said
exceptions would finally dispose of it, And the action
shall then be transferred to the law court certified to
the chief justice thereof herenbefore provided for the
hearing and determination of all exceptions arising in
any stage Of the case
SECT. 9. The supreme judicial court sitting court
of law for the middle district shall have the jurs
dicton Of all questions Of law motions for new trials
and questions arising reports agreed statements OF
facts, originating in said superior court IS II they had
originated in the supreme judicial court for Kennebec
county; and said law court sitting in either Of the other
districts shall have the Jurisdiction Of all questions
and motions certified thereto from said superior court
hereinbefore provided. And all provisions Of law and
Of the supreme judicial court relative to the transfer
actions and other matters from the judicial
for said county from its docket to the docket of
sadlaw court and all provisions Of law and rules regua
ting proceedings in such and the effect Of such
ceedings shall apply to the transfer of actions from said
superior its docket to said law court and to the
proceedings in such and the effect thereof except so
far they be inconsistent with the foregoing provisions
of this act. ...
SECT 10. Said superior court is hereby authorized to
execution, pnish for contempt, and compel atten-
daoce the supreme judicial COURT to make all such
rules and regulations, not repugnant to law as may be
necessary and proper for the administration OF justice
promptly without delays and the provisions OF law rca-
tive the jurisdiction Of the supreme judicial court in
said county over parties the arrest OF persons attach
cepts proceedings In court the taxation Of COSTS the rem
dion Judgments the issuing, service and return Of eA
ecutions and all other subjects are hereby made appca-
BILE and extended to said superior in all respects
except far they are modified by the provisions OF
.hi: and said superior court hereby clothed as
necessary for the performance Of all its duties.
SECT H.. Final judgments in said superior court may
be reexAmined in the suprt judicial court writ Of
error petition for review, and when the judgment
Is reversed supreme judicial court shall render such
judgment said superior court should have rendered,
and when review is granted it shall be tried in said
preme judicial court which shall have the same to
grant wrts Of supesedeas Of executions issued nom said
superior court has OF executions Issued from the
SECT Il. In case the justice Of said superior court
should Of continued Sickness other cause,
be prevented from holding Of said court,
any justice Of the supr ju cal court may at the
quest of said justice Of said superior court hold such term
terms Of said superior court in place Of the justice
thereof And during vancancy in the office Of said JUS
tce of said superior COURT s wts issued from the office
Of the clerk thereof shall bear teste Of OF Justices
Of the supreme judicial court Whenever the justice Of
said superior shall be disqualified by interest
other lawful cause from trying pending in said
court, said shall thereupon be transferred to the
docket Of the judicial court for said county, and
disposed Of in said court according to law
SECT IL. This shall take effect March first, eigh
teen hundred and seventyeght, and the first term Of
said superior court shall be held on the first Tuesday OF
April eighteen hundred and seventy eight At any term
Of the supreme judicial court for said county Of
held after the passage Of this act, any action pending
therein which would fall within the exclusive ursdicon
OF said superior court herinbeore defined and estab
shed with all papers belonging thereto end orders and
DEGREES thereon, may motion Of either party be trans
erred from the docket Of said supreme judicial court to
the docket Of said superior court and entered tried and
nave day therein il 1t had been originally commenced
therein; provided that the justice presiding in said
judicial court believes that speeder trial thus
be had. And upon the taking effect Of this act the urs.
dicon OF the supreme judicial court for the trial Of civil
in said county shall be limited in conformity to the
foregoing provsonS and all acts and parts Of acts rea
ing to courts and judicial proceedings shall be modified
far to give full effect to this act and all acts and parts
Of inconsistent with this act hereby repealed
SEcr Il. The justice of said superior court. may be
appointed commissioned and qualified at any time after
the approval Of this and his salary shall be two thous
and dollars, payable quarterly.
SECT. l5. The Orgina, and appellate jurisdiction in
ali criminal matters vested and exercised by the
supreme judicial court within and for the county Of Ken
pebec and all powers incident thereto shall at the end OF
thereof he