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

; matter of course, on motion OF complainant in
writing. filed on any dav after such default and
served on the respondent. But such decree may be
opened on motion of respondent within ten days
thereafter as provided in section four of this act
All answers shall be signed by the respondent and
sworn to by him il the complainant in his bin asks
tor an answer upon oath otherwise it may be signed
by the respondent. his agent or attorney, aud in
such case shall have effect evidence, except to
cast the burden of proof upon the plaintiff.
SECr. 6. The complainant shall file replication
within fifteen days after notice has been served
him or his counsel that plea has been filed
but such time may be enlarged on such terms as
the court shall order. the bill may be dismissed
tor 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 fill
ing such replication.
Scot !. Sixty days after issue joined shall be al
lowed for taking testimony, or the court on motion
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. 5. When the time for taking testimony In
chief, in answer, and in rebuttal is fixed in
cessive periods, "a provided in the foregoing
ton mt the close of each period or the enlarge
ment thereof. the testimony taken therein shall be
filed, opened b. 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, Is matter of course, have publica-
ton thereof and on motion Of either party the
may be set down by the court. to be heard bill,
answer plea, and proofs. ut any time after publ.
cation and on like motion it be set down to be
heard on bill and demurrer MT any time after the de-
murrsr j. fled, and on. motion of complainant ii
mty be set down to be- heard on bill and answer
plea, n any time after the expiration OF the time
fixed for taking testimony.
seer g. The Justice before whom such hearings
shall be had, shall have full power 70 decide amy
ton cause 30 har3 and shall make and enter snch
order and decree, aS shall seem just and proper 10
him, and in accordance with the established prnci-
pies OF equity Jurisprudence, subject TO appeal and
exceptions a. hereinafter provided. Evidence NAV
be taken by deposition orally III presence of the
court. or by examiner appointed by the court.
But ali oral evidence shall be taken and reduced to
copy. approved by the judge or certified to by the
examiner, shall be used a testimony in the cause the
same II, a deposition.
SEER 10 From all final DEGREES OF such Justice, an
appeal shall lie 10 the next law court to be held in
the III rict where the is pending. said appeal
shall be claimed by an entry on the docket of the
court from which the appeal i taken, within ten
DAYS after such decree i signed, entered and filed
and notice thereof has been given by such clerk to
the parties their counsel. The appellant shall en-
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 tor furnishing such copies. Such appeals
shall be heard ut the term to which they taken,
unless otherwise agreed the law court shall for
good cause order IL further time for the hearing
thereof, and the law court shall on such appeal, at
firm reverse or modify the decree of the court be-
low, remand the cause for further proceedings,
It shall deem proper. All cases in which appeals
exception, are taken from final decree shall re-
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. H. When an appeal is taken from final
decree, any justice may also make such order for
the appointment OF receivers for injunction and
prohibition, for continuing the same in force and
such other orders needfu for the protection of
the rights of the parties, usual in equity pro-
ceedngs in such until the appeal shall be de-
trrmned by the law court Such orders may be
modified annulled by such justice. 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 introductory decree or or
der but such appeal shall not suspend any proceed
ngs under such decree order in the cause, and
shall not be taken to the law court until after final
decree. Upon appeal from final decree, all pre-
voUs DEGREES and orders shall be open for revision,
reversal or approval.
SECT. 10. Upon hearing in any cause in equity,
the justice hearing the same may report the cause 10
the next law court held within the district in which
the cause Is pending, if he is of opinion that any
question of law is involved of sufficient mpor-
lance or 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 i'll Ike manner
snd with like results as Is herein provided in case OF
appeals.
SECT. II. Ifany party intending to appeal, shall,
within the time limited therefor, fail to do so by ac-
cident or mistake, he may within thirty days after
the entry of the decree apply TO any justice tor leave
to take such appeal, which may be granted on such
terms shall appear to il, to be just and equitable
SECT. -. Either party aggrieved may take eX-
ccptons any ruling of law made 10y single Justice
ina ne -am q be ACCOMPANIED only by