The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-04-01


from the state treasury certificate of the board
before said board shall be allowed the same fees
as in the supreme judicial court
approved March f. 1851
Chapter 322.
AN ACT to increase the salary of the County At
torney of Waldo County.
Be 1t enacted, etc., as follows:
Section l. Section two of chapter one hundred
and fifteen of the revised statutes is hereby amend
ed by striking out the word "tvo in the fifteenth
line of said section, and inserting in place thereof
the word three that said section, when
amended in said fifteenth line, shall read: Waldo
three hundred and fifty dollars.
Section 2. This act shall take effect when APP
proved. [Approved March 4, 1885.
Chapter 1923.
AN ACT to amend section sxty-five of chapter
seventy of the Revised Statutes, relating to the
payment of fees in insolvency.
Be IL enacted, ETC., as follows:
Section 1. Section sixty-fve of chapter seventy
of the revised statutes, is hereby amended by strk-
ing out all after the word estates, in the third
line Of said section, and adding thereto and if
there are not sufficient assets for the payment Of
the fees and costs, the person upon whose petition
the warrant is issued, shall pay the same, and the
court may issue an execution against him to COM
pei payment to the register, so that said section,
as amended, shall read as follows:
Section IS. The fees of all officers, the compcn-
satiOn of assgnees, and of judges and registers of
probate under this chapter, shall be established
by the supreme judicial court, and shall be paid
out of the estates; and if there not sufficient
assets for the payment of the fees and coss, the
shall pay the same, and the court may issue an ex-
ecution against him to compel payment to the reg
ister.'
Section g. This act shall not apply to pending
proceedings. approved March 4, 1881
Chapter 324.
AN ACT to facilitate the prompt administration
of justice by establishing q Superior Court liz
the county of AroostoOk.
Be 1t enacted, etc., as follows:
Section l. A superior court is hereby establish
ed within and for the county of Aroostook, con-
ssting of one justice, who shall be an inhabtant Of
said county, OF sobriety of manners and learned in
the law; he shall be appointed, commissioned and
qualified according to the constitution.
Section 2. Said justice shall establish seal for
said court; and all writs and processes issuing
therefrom, shall be in the name of the state, of
the usual forms, bearing the teste of said Justice,
under the seal of said court and shall be signed by
its clerk; they shall be obeyed and executed
throughout the state.
Section 3. The clerk for the time being of the
supreme judicial COURT in said county, shall also be
clerk of said superior court and shall receive for
his services such, the fees allowed other clerks
for similar services in the supreme ud cial court.
He shall appoint deputy approved by said justice,
who shall act clerk of said superior court, when
said court and the supreme judicial court hap
pen both to be in session in said county; and VIII
said clerk of the supreme judicial court is alb
sent, or the office is vacant, said justice may ap
point one to supply the vacancy during such alb
sence, or until an appointment is made by the gov
ernor and council, or by the supreme judicial
court.
Section 4. The sheriff of the county of Aroos-
took shall attend said superior court, unless the
supreme judicial court shall be in session in said
county, in which case he shall specially designate a
deputy, approved by said Justice of said superior
court, so to attend And whenever shall happen
that said justice is prevented from attending at the
time and place at which said court, by law or by
adjournment, ought to be held, said sheri'or such
deputy shall, by oral proclamation, adjourn said
court from day to day. until such justice shall at
tend.
Section 5. Within said county said superior
court shall have exclusive appellate jurisdiction of
civil appeals from municipal courts police courts.
and trial Justices exclusive original jurisdiction of
actions of scire facias on judgments and recogn-
Zances not exceeding two hundred dollars; of all
bastardy trials, and all other civil actions at law
not exclusively cOgnizable by municipal courts, po-
lice courts, and trial justices, where the damages
demanded do not exceed two hundred dollars, ex-
cept complaints for lOwage and real actions, and
concurrent original jurisdiction of proceedings in
habeas corpus of actions of trespass quare claus
um and of all other civil actions at law when the
damages do not exceed five hundred dollars, ex-
cept complaints for flowage and real actions.
e Section 6. Said court shall be held on the first
TUESDAYS of December and May at Caribou, and
/ on the first Tuesdays of November and April, at
HOulton. Traverse jurors shall be drawn and
turned to serve at said terms, in the supreme jul
quired by the justice to serve for two successive
terms, and that jurors shall be drawn returned
for the April term, eighteen hundred and eighty
fve of said court If the plaintiff desires jury trial.
he shall indorse the upon his writ at the time
of entry. TIE defendant shall, within fourteen
DAYS after entry, file his pleadings, and if the
plaintiff has not demanded a jury, the defendant
shall indOrse on his plea his demand for jury f he
desires one. Whenever jury shall be so demand
ed by either party, the clerk shall enter that fact
the docket, and all other cases. not appeals,
shall be tried by the justice without the interview
ton of jury subject to exceptions in matters of
law, in term time, or if both parties desire, at
chambers. Whenever, by accident or mistake the
plaintiff fails to indOrse upon his writ at the time
of entry request for jury trial. or if the defend
a IT. by accident mistake, shall fail to indOrse
upon his plea when filed, demand for jury, the
court may, on motion of either party at its dscre-