The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-05-07


BE it enacted, &C., as follows:
Section five of chapter one hundred and seven Of
the revised statutes, is hereby amended, by substtu
ting in place of the word 'the, the word ANY, in
the second line of said section, and after the word
deponent," to insert the words, Except the adverse
party; so that said section as amended, shall read
follows:
SECT. s. On application of either party to JUS
tice of the peace or notary public, he may issue
to appear at designated time and place, to give his
deposition and notice to the adverse party to be
then and there present. and the deposition may then
and the be taken by him or any other justice or
notary but the deposition Of such adverse party may
be taken by commission in like manner as is now
provided for taking dispositions of other witnesses
[Approved March Is, 1881
Chapter 67.
AN ACT to amend section eleven, chapter seventy
hve OF the Public Laws OF eighteen hundred and
seventy eight, relating to the taking of smelts en-
titled, can Act to regulate and protect fsherie.
and the propagation Of fish,"
BE 1t enacted, &C.. as follows:
Section eleven OF chapter seventy-ve of the CUB
lie laws Of eighteen hundred and seventy-eignt, is
hereby amended by, striking out the word "Novem-
ber in the fourth line and inserting in place there
of, the word October so that said section as
amended shall read as follows:
SECT. II. No smelts shall be taken fished for
in any Of the tidal waters in this state in any other
manner than by hook and line, between the first day
of April and the first day of October in each year.
under penalty Of not less than ten dollars, nor
more than thirty dollars for each ofense, and a fur
Their penalty OF twenty cents for each smet taken,
and all weirs for the capture of smelts shall be
opened, and 50 remain and all nets Of any kind used
ia the smelt and tom-cod fishery shall be taken from
the water Or before the said first day of April in
each year, under penalty Of not less than twenty,
five dollars per day for each day that any such weir
CT net remains in violation OF law; but weirs which
have catch.pounds, covered with net the meshes of
which are one inch square in the clear, greater
shall not be subject to the provisions of this section
Provided, however that dip-nets may be used from
the first day of April to the twentieth day of April
A
Chapter 6s.
AN ACT to regulate the practice in Equity Proceed
Be It enacted, &c., as follows:
SECT. l. The supreme judicial court shall always
be open in each county for equity proceedings, ex-
cept upon days upon which, by law, court is to be
holden, and In the first instance, except as herein
provided, all hearings shall be had, ali orders and
DEGREES made, and all process issued by single JUS
tice of said court, except upon appeal exceptions
as hereinafter provided and said court shall estab
llsh rule-days for the return of subpnnas and the
transaction of business relating to equity cases.
SECT. 2. All causes in equity shall be begun by
bill of complaint filed in the clerks office, upon
which subpoena shall issue matter of course, re-
turnabe to the first day Of term of court for the
county where it is fled or upon rue-day which in
the filing of such bill, and such subpoena Shall be
served at least fourteen days before the return day
thereof; or by order of the court such subpoena may
and be served directed in such order; or such bill
may be inserted in writ Of attachment, upon which
properly may De aCtacneu ana which shall be made
returnable as writs at common law. In all cases,
service shall be made by copy of the subpoena and
bill or writ of attachment. The bill of complaint
shall state the material facts and circumstances re-
lied on by the complainant, with brevity, emitting
mmaeral and irrelevant matters, and may be
amended Or reformed at the discretion of the court
with without terms at any time before final de-
cree is entered in said cause.
SECT. B. If discovery is sought it may be by bill,
with or without inerrogatories annexed thereto, for
the purpose of such discovery. Answers thereto
shall be made within thirty days after the return day
of such bill, within such time the court shall
ORDER and questions arising thereon shall be deter
mined by the rules established by the supreme judi
al court herein provided and in the absence there
of by the rules applicable to bills of discovery in co.
uity procedure.
SECT. 4. When process is made returnable to any
regular term of the court, the respondent shall APP
pear within the first three days of the term otherwise
he shall appear on the return day of such process
and in default OF such appearance, motion of the
complainant in writing, the bill shall be taken, pro
confessO as matter of course, at the expiration of
days after the filing of such motion, but such de-
for good cause shown, motion Of the respond
emit may be opened within ten days after it is made
and in such case the court shall fix the time for MAX
ing defence.
SECT. 5. Defence shall be made by answer, plea
or demurrer, with thirty days next after the time
for appearance shall have elapsed, within the time
ordered by the court, asprovided in the preceding