The Portland daily press., 1885-04-01
1886


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 in his opinion they are alleged
mainly for delay: but the party so 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 arsu-
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-
tons for trials, shall be entered, heard and
determined at the next law term in the eastern dis
trct but any case for the law court may by
agreement of parties, be entered at the next law
term held in either district. And all optioB
arising in cases within the exclusive jurisdiction OF
said superior court may be certified at once by
said justice to the chief ju -tice Of the supreme
judicial court, and shall, when certified, be
gued in writing, on both Sides within thirty days
thereafter unless the justice of said sup rior court
SHALL for good Cause, enlarge the time and eXcep-
tons 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 as in cases originating
in the supreme judicial court iii said county.
Section s. When demurrer to declaration is
overruled, the defendant, notwithstanding he ex-
cepts, may plead anew within such time as the
justice orders, but in all where exceptions
alleged by the defendant, the action shall, not
Withstanding, remain upon the docket Of said
superior court, and be pr ceeded with as if no
exceptions had been taken, until the case is in
such condition that the overrulng of said excep-
tions would finally dispose of it. And the action
shall then be transferred to the law court, cert-
fed to the chief justice thereof, as hereinbefore
provided for the hearing and determination of all
exceptions arising in any stage of the case
Section 8. The supreme judicial court sitting as
court of law for the eastern district shall have
the same jurisdiction of all questions of law, mo-
tiOns for new trials, and questions arising
ports or agreed statement of facts originating in
said superior court as if they had originated in
the supreme judicial court for AroOsto TX 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 said
&c hQT nIThO fNYs0 Odd
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 in such cases, and the effect
of such proceedings shall apply to the transfer of
actions from said superior court or it's docket to
said law court, aud to the proceedings in such
cases. and the effect thereof except far as they
may be inconsistent with the foregoing provisions
of this act.
Section 10. Said superior court is hereby author
lied to administer all necessary oaths, 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, 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 SER
vice of precepts proceedings in court, the taxa
ton of Costs the rendition of judgments, the is
suing, service and return of executions, and all
other subjects, are hereby made applicable and
extended to said superior court in all respects,
except 50 Tar as theya modified by the provisions
of this act; and said superior court is hereby
clothed fully the supreme judicial court, with
all the powers necessary for the performance of all
its duties.
Section II. Final judgments in said superior
court may be re-examned in the supreme judicial
court on writ of error or on 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 a
revie 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 has of executions is
sued from the supreme judicial court
Section II. In the justice of said superior
court should, by reason of continued sickness, or
other cause, be prevented from holding a term or
terms of said court any justice of the supreme ju-
dical 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 sail justice
of said superior court, all writ5 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 transfer d to the docket
of the supreme judicial court for said county,
and disposed OF in said court according to law
section Is. This act shall take effect March ten,
eighteen hundred and eighty-fiVe, if approved on
OF before that time otherwise it shall take effect
when approved, and the first term Of said superior
court shall be held on the first Tuesday of May
eighteen hundred and eighty-five. And upon the
taking effect of this act the jurisdiction of the SUI
preme judicial court for the trial OF civil cases 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 far to give full effect to this
act, and all acts and parts of acts inconsistent
with this act are hereby repealed
Section IA. The justice of said sup rior court
may be appointed, commissioned and qualified at
any time after the approval Of this act, and his
salary shall be fifteen hundred dollars per annum,
payable quarterly.
Section IS. Tie original and appellate jurisdic-