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

eltner case enlarge the time therefor In default of
such defence the bill shall be taken, pro confesso,
as matter OF course, on motion of complainant in
writing, hled on any day after such default and
served ON the respondent. But such decree may be
opened on motion of respondent within ten days
thereafter provided in section four of this act.
All answers shall be signed by the respondent and
sworn to by him if the complainant in his bill asks
for an answer upon OATH otherwise it may be signed
by the respondent, his agent Or attorney, and in
such case shall have effecta evidence, except to
cast the burden of proof upon the plaintiff.
SECT. 6. The complainant shall file replication
within fifteen days after notice has been served on
him or his counsel that plea has been filed,
but such time may be enlarged such terms as
the court shall order, the bill may be dismissed
for want of prosecution on motion filed by re-
spOndent at any time after said fifteen days at the
expiration of the time ordered by the court for FL
| ing such replication.
m Sixty days after Issue Joined shall be al
of either party, may fix the time for compliments
testimony, to be followed by respondents testimony,
and testimony Of complainant in rebuttal, each
within liked time, and in either case, the court
may enlarge the time for good cause shown.
SECT g. When the time for taking testimony in
cessive periods, as provided in the foregoing sec
ton, at the close of each period or the enlarge
filed, opened by the clerk and submitted to the
inspection of the other party and when the time for
taking testimony shall be finally closed, either party
may, on motion, matter of course, have publica-
ton thereof and motion of either party the cause
may be set down by the court, to be heard bill,
answer Or plea and proofs, at any time after publ
cation and on like motion it may be set down to be
heard on bill and demurrer at any time after the de-
murrer is fled, and on motion Of complainant it
may be set down to be heard on bill and answer or
plea, at any time after the expiration Of the time
fixed for taking testimony.
SECT. 9. The justice before whom such hearings
shall be had shall have full power to decide any
ton heard and shall make and enter such
order and decree, as shall seem just and proper to
him. and in accordance with the established princi-
pies of equity jurisprudence, subject to appeal and
exceptions as hereinafter provided. Evidence may
be taken by deposition orally in presence of the
hxyC o{oI Tho
But all oral evidence shall be taken and reduced to
writing by stenographer examiner, and his
copy, approved by the judge or certified to by the
examiner, shall be used testimony in the the
same as a deposition.
SECT. 10. From all final DEGREES ofsuch justice, an
appeal shall lie to the next law court to be held in
the district where the is pending. Said appeal
shall be claimed by entry on the docket of the
court from which the appeal is taken, within ten
days after such decree is signed, entered and filed,
and notice thereof has been given by such clerk to
the parties their counsel. The appellant shall
ter such appeal and furnish written or printed cop
les of the the first day of said law term, and
for good cause shown, the law court may enlarge
the time for furnishing such copies. Such appeals
shall be heard at the term to which they taken,
| good cause, order further time for the hearing
thereof and the law court shall such appeal, af-
firm, reverse or modify the decree of the court be-
low remand the cause for further proceedings,
it shall deem proper ALI cases in which appeals
exceptions are taken from a final decree, shall
main on the docket of the court below, marked law
and decree shall be entered therein by single jus
tice, in accordance with the certificate and opinion
Of the law court.
SECT. IL. When an appea, is taken from final
decree, any justice may also make such order for
the appointment of receivers for injunction and
prohibition, for continuing the samein force and
such other orders needfu for the protection of
the rights of the parties, usual in equity pro-
ceedngs in such cases, until the appeal shall be de-
termined by the law court. Such orders may be
modified annulled by such justice, or by such law
court while the appeal is pending before it.
SECT. II. An appeal may be claimed and taken
in like manner from any interlocutory decree or Or
DER but such appeal shall not suspend any proceed
shall not be taken to the law court until after final
decree. Upon an appeal from final decree, all pre-
vOus DEGREES and orders shall be open for revision,
reversal or approval.
SECT. Is. Upon hearing in any cause in equity,
the justice hearing the same may report the to
the next law court held within the district in which
the cause is pending if he is of opinion that any
lance doubt to justify the same, and the parties
agree thereto The cause shall be entered and copies
furnished by the complainant, and the same shall be
heard and decided by said law court in like manner
and with like results as is herein provided in of
appeals.
SECT. IA. IF any party intending to appeal, SHALL
within the time limited therefor fail to do by
cident or mistake he may within thirty days after
the entry of the decree apply to any justice for leave
to take such appeal, which may be granted such
terms as shall appear to it, to be just and equitable
SECT. Is. Either party aggrieved may take eX-
captions to any ruling Of law made by a single justice
In any matter, the same to be accompanied only by
such parts of the necessary to clear I'M
derstanding of the questions raised thereby. Such
time allowed for appeal, and shall be made up, al
lowed and filed in the time provided Therefor. I'm.