The Republican journal. [volume] (Belfast, Me.) 1829-current, 1885-04-02
1885


termned at the law term held in the eastern dis
trict, provided that when the next law term hap
pens to be held in either of the other districts the
Justice of the superior court may motion of the
party not excepting certify the exceptions to said
next law term if i'll his opinion they alleged
mainly for delay: but the party moving shall be
deemed to waive his right to be heard in opposi-
ton to said exceptions, which shall be entered and
determined at said next law term without arIu-
ment by said party, and upon the oral or written
argument of the party excepting. Cases certified
upon agreed statements of facts, reports and mo-
lions for trials, shall be entered, heard and
determined at the next law term in the eastern dis
trict, but any for the law court may, by
agreement of parties, be entered at the next law
term held in either district And all exceptions
arising in cases within the exclusive jurisdiction of
said superior court, may be certified at once by
said Justice to the chief iu-tice of the supreme
judicial court, and shall ewhen certified, be ar
gued in writing on both sides, within thirty days
thereafter, unless the Justice of said superior court
shall for good tuse, enlarge the time, and excep-
lions so certified shall be considered and deter
mined by the Justice of the supreme judicial court,
as soon as may be. Decisions of the law court, on
all exceptions and questions from said superior
court, shall be certified to the clerk of said superior
court, with the same effect az in cases originating
in the supreme judicial court in said county.
Section s. When demurrer TO a declaration is
overruled the defendant, Notwithstanding he
cepts may plead anew within such time as the
Justice orders, but in all cases where exceptions
alleged by the defendant, she action shall not
outstanding, remain upon the docket of said
superior court, and be proceeded with as if no
exceptions had been taken, until the is in
tons would finally dispose of it. And the action
shall then be transferred to the law court, certi
fed to the chief justice thereof, hcreinbefore
provided for the hearing and determination of all
exceptions arising in any stage of the
Section 9. The supreme judicial court sitting as
court of law for the eastern district shall have
the same jurisdiction of all questions of law mo
tons for new trials and questions arising
ports agreed statement of facts originating in
said superior court. IA if they had originated in
the supreme judicial court for Aroosto K county;
and said law court sitting in either of the other
districts shall have the same jurisdiction of all
questions and motions certified thereto from 7aid
superior court as hereinbefore provl Il. And all
provisions of law and rules of the supreme judi
cial court relative to the transfer of actions and
other matters from the supreme judicial court for
said county, or from its docket to the docket of
said law court and all provisions of law and rules
regulating proceedings such cases and the effect
of such proceedings shall apply to the transfer Of
actions from said superior court its docket to
said law court, and to the proceedings in such
cases, and the effect thereof except 80 far they
may be inconsistent with the foregoing provisions
of this act.
Section TO- Said superior court is hereby author
lied to administer all necessary oatls, render
judgment and issue execution, punish for contempt,
and compel attendance, as in the supreme judicial
court; to make all such rules and regulations, not
repugnant to law, as may be necessary and proper
for the administration of justice promptly and
without delay; and the provisions of law relative
to the jurisdiction of the supreme judicial court in
said county over parties. the arrest of persons,
attachment of property, the time and mode of
vice of precepts, proceedings in court, the taxa
Gi0n OF COST, inc fenultlOn OF Judgments, the
suing, service and return of executions, and all
other subjects are hereby made applicable and
extended to said superior court in all respects,
except far as they modified by the provisions
of this act; and said superior court is hereby
clothed fully as the supreme judicial court, with
all the powers necessary for the performance of all
its duties.
Section IL. Final judgments in said superior
court may be re-examned in the supreme judicial
court writ of error, petition for review
and when the judgment is reversed, the supreme
judi cial court shall render such judgment as said
superior court should have rendered, and when
reve is granted it shall be tried in said supreme
judicial court, which shall have the same power to
grant writs of supersedeas of executions issued
from said superior court as it has of executions is
sued from the supreme Judicial court.
Section r. In the justice of said superior
court should by reason of continued sickness, or
other cause, be prevented from holding u term or
terms of said court any justice of the supreme jul
dcial court may at the request of said justice of
said superior court, hold such term or terms of
said superior court IN place of the justice thereof
And during vacancy in the office of said justice
of said superior court, all writs issued from the
office of the clerk thereof shall bear teste of any
one of the justices of the supreme judicial court.
Whenever the justice of said superior court shall
be disqualified, by interest or other lawful cause,
from trying any cause pending in said court said
case shall thereupon be transferred to the docket
of the supreme judicial court for said county,
and disposed of in said court according to law
Section ID. This act shall take effect March ten,
eighteen hundred and eighty five, if approved
before that time, otherwise it shall take effect
when approved, and the first term of said superior
court shall be held the first Tuesday of May,
eighteen hundred and eighty five. And upon the
taking effect of this act, the jurisdiction of the
preme judicial court for the trial of civil in
said county shall be limited in conformity to the
foregoing provisions; and all acts and parts of
acts relating to courts and judicial proceedings
shall be modified 50 far to give full effect to this
act, and all parts of inconsistent