Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1881-05-05

upon the day on which it is filed and entered and
the day of such filing and entering shall be entered
by the clerk upon the docket aud on the decree
SECT. II. No process for the enforcement of
final decree for the appointment Receivers for
injunction or prohibition, or for continuing the
same, shall issue until the lapse of ten days from the
entry of such decree unless all parties waive an an
peal by entry on the clerks docket, or by writing
filed in the cause or consent in like manner to the
issue thereof
SECT. f8. Any hearing on motion for an inter-
Ocutory decree or order may be had, or such order
or decree passed, out of the county in which the
cause pending on notice to the adverse party there
for. And the Justice hearing the same shall trans
NIT to the clerk of the county where the cause is
pending any order or decree made at such hearing,
but no trial before jury issues framed there
for or final hearing of the cause. shall be had of
the county where the bill is pending without the
consent of tho parties.
SECT. 10. All evidence before the court below or
an abstract thereof approved by the justice hearing
the case shall on appeal be reported. No witnesses
shall be heard orally before the law court part
OF the case on appeal but it may authorize addition
al evidence to be taken when the same has been
omitted by accident mistake, discovered after
the hearing, in such manner and on such terms as it
shall deem proper
SECT. 90. The court may, in its discretion and
upon the application of either party frame issues of
fact in equity to be tried by jury in the coun
ty where such cause is pending. single justice
may confirm any yerdcts rendered upon such issues
of fact and enter appropriate DEGREES thereon, or
such justice may set aside such verdicts, and render
such DEGREES as equity may require, II such issues
OF fact had not been framed. In all causes where
such issues of fact framed and tried an appeaI
may be taken, and exceptions had to rulings of law
rs herein before provided, and upon such appeal or
exception, the law court shall have power to con-
firm or set aside the yerdcts rendered in the cause
or order new trial of such issues of fact. and make
such disposition of the cause as the equitv of tho
case shall demand All such appeals and cxcer-
tons shall be taken, heard aud determined as pro-
yided by this act.
SECT. 2l Writs of scizin or execution as well a.
all other appropriate to causes in equity NAV
BE- issued by the court, to enforce its DEGREES.
SECT. %. Preliminary iDjunctions may be granted
by single justice upon the complainant Hing bond
with SUfclrnt SUrctleS conditioned to all dam
ages and costs caused thereby, if lie shall finally be
found not entitled to such Injunction unless single
justice, on motion to dissolve the same and hearing
on the merits thereof, shall refuse to dissolve it.
Such damages and costs shall be awarded by the
court on motion, but if not awarded before final
decree they NAV be determined in suit on such
bond such injunction may also be granted to eth
er party on hearing without bond being given upon
oral evidence. dispositions or aidavts, and upon
such notice and with such time for pleading, evil
dence and hearing as the court shall direct No pre-
hminary injunction shall be granted to either party
unless his pleadings shall contain an application
therefor; but an injunction may te granted pending
the suit in proper therefor, upon motion and
hearing. Perpetual injunctions may be granted by
the court or any justice thereof making final decree
SECT. %. Whenever any party shalt complain in
writing, aud under oath that the process, decree or
order OF the court which is not for the payment of
money only, has been disregarded disobeyed,
summary process shall issue by order of Justice
of the court, requiring the person alleged to have
disregarded disobeyed such process to appear on
day certain and show cause why he should not be
adJudged guilty OF contempt, and such process shall
fix a time for answer to the complaint. and may fix
time for hearing oral testimony dispositions or
afidavit1 may iX successive times for proof,
counter proof and proof in rebuttal, the time for
hearing and manner of proof may be subsequently
ordered upon the return day or thereafter The
court may for good cause, enlarge the time for each
hearing. If the person summoned shall not appear
directed, or shall not attend the hearing at the
time appointed therefor, enlarged, if he is
found, upon hearing, to have been guilty of such
disregard or disobedience, he shall be adudged in
contempt, and the court may issue capias to bring
him before ii to receive sentence, and may punish him
by such reasonable fine or imprisonment the case
may require. The court may allow such offender to
give bail to appear at time certain, at which such
punishment may be imposed, if he shall continue in
contempt But when a second time found guilty of
contempt in disregarding disobeying the same or
der or decree, no bail shall be allowed. When such
person shall purge himse of his contempt, the JUS
tce may remit such fine or Imprisonment amy
portion thereof No appeal shall lie from any order
decree tor such punishment, nor shall except ions
thereto be allowed, upon questions of juriSdic-
ton, nor in any case shall such exceptions suspend
the enforcement of any such order decree unless
the court shall so direct.
SECT. 2f. When any justice deems any exceptions
allowed 10y him, or any appeal in any proceeding in
equity, provided tor by this act to be frivolous and
intended tor delay, he may certify on the motion
of the party not excepting, and such exceptions and
appeal and the record connected Herewith shall be
transmitted to the chief justice. and shall be argued
in writing both sides within thirty days thereaf-
ter unless the Judge trans uniting the same, shall,