Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1881-04-19

-fINFNi ON the respondent. HIT such decree be
opened ON motion ~ respondent within ton DAYS
thereafter provided M section four of this act
M an'wer- shau b. : gned by the respondent and
sworn 70 by him II the complainant ia his bill ask.
for an answer upon oath otherwise "a may be- signed
10y the respondent, lis agent or attorney. and In
such case shall have effect evidence except to
cast the burden of proof upon the plaintiff.
SCOT q. The complainant shall file n replication
WITHIN hiteen days aiter notice has been served
him or bis counsel that or plea has been fled
but such time may DO enlarged on such
the court shall order. the bill may Do di-mi sse
| for want Of prosecution on motion hled by re-
pondent Mt time after said fifteen days or NJ the
expiration OF the time ordered by the court for Ill
sKcr. :. Sixty day. after issue Joined shall be al.
owed Tor taxing testimony or the court motion
OF either party may fix the time for complainant
testimony TO b. followed by respondents testimony
and testimony Of complainant In rebuttal, each
within fixed time. and la either case. the court
may enlarge the time for good cause shown.
SxCr. :. When the time for taking testimony In
chief In answer. and In rcbuital Is fixed In -uc-
ce-sive periods, n provided In the foregoing sec
tion. n, tho closs OF each period or the enlarge
nled. opened By the clerk aud submitted to the
inspection OF the other party and when the time
taking testimony shall IL Sadly cloee, either party
may on motion, n matter Of cour-e, have publica-
ton thereof and on motion of either party the
may be set down 10y the court. to 30 heard on BILL
answer or PIES, AMI proofs. at any time after pubH
cation; and on like motion IL h, 80, down 10 bc
heard on bill and demurrer nj any time after the de-
murrer Is hied, anu on motion Of complainant 1t
may be at down TO H. heard on hill and answer or
plea NJ any time after the expiration OF the time
liked for taking testimony
SECr. .. The Justice before whom such hearing.
shall b. hal shall have full power decide any mo.
ton or cause so heart and shall make and such
order and decree, n shall seem Just aud prSper To-
him. and In accordance with tho established prnci-
Piles of equity jurisprudence, subject TO appeal aud
exceptions n hereinafter provided. Evidence may
De taken by deposition orally In presence of the
court. or by an examiner appointed 10y the court
But all oral evidence shall be taken and reduced To
writing by -tenographer or an examiner, and hts
examiner shall be used a testimony in the cause IN.
same NJ deposition.
SECT. 10 From all final DEGREES Of such justice an
appeal shall lie 10 the next law be held in
the district where the cause IL pending Said appeal
shall be claimed 10y au entry ON tho docket 81 the
court from which the appeal l. taken, within ten
dayz after snch decree T. signed entered aud fled
aud notice thereof has been given by such clerk TO
the PARTIES or their counsel The appellant shall en-
ter such appeal aud furnish written printed cop
les of the the first day of said law term, and
for good cause shown. the law oour, may enlarge
the time Tor furnishing such copies. Such appeals
shall be heard at the term To which they taken,
unless otherwise agreed the law court shall for
/ good cause. order further time for thc hearing
thereof, and the law court shall such appeal al
firm, reverse modify the decree OF the court be-
low or remand the cause Tor further proceeding
IL rhal deem proper All cases Ia which appeals or
exceptions are taken from a final decree, shall re-
main on The docket OF the court below, marked law
and decree shall bc entered therein 10y a single ius-
,ice tn accordance with the certificate and opinion
! SEcr. II. When an appoa. Is taken from n final
decree, any Justice may also make such order for
prohibition or for continuing the In force. and
such other orders ncedu for the protection OF
the rights of the parties are usual in equity pro-
oeedings In such cases until the appeal shall be- de
termiucd by the Law court Such orders may be
modified or annuled by such Justice. or los such law
court. while the appeal Is pending before IL.
SECT. H. An appeal may be claimed and taken
la like manner from any introductory decree or or
der, but such appeal shall not suspend any proceed
ings under such decree order In tho cause and
shall not be taken 20 the law court until after final
decree Upon appeal from n final decree, all pre-
vious DEGREES and orders shall bo open for revision
reversal or approval
sKCr 10. Upon hearing In any cause In equity
the Justice hearing the may report the to
the next law court held within the district In which
the cause u pending. II he IL OF opinion that any
question Of law r. involved, of sufficient impor-
lance doubt To justify the same, and the parties
agree thereto. The causc shall bc entered and copies
furnished by the complainant and the same shall be
heard and decided 10y said law court ia Ike manner
and with Ike results as Il herein provided In of
appeals.
/ srcT. II. Ifany party Intending to appeal shall
within the time limited therefor fail to do by
cdent or mistake, he may within thirty days after
the entry of the decree apply any justice for leave
To take such appeal, which may be granted on such
terms a. shall appear TO H. to b. just aud equitable
SECT 10. Either party aggrieved may take
captions TO any ruling of law made by single justice
in any matter. the same to be accompanied only by
such parts of the case necessary a clear I'M
derstandlng Of the questions raised thereby. Such
exceptions shall be claimed the docket within the
time allowed for appeal, and shall be- made up, al
los Na Ifl NaA Ia sN..a lTaI al