The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-02-18

the court is to giveseffect to all existing
rights and duties whether they eXistby
common law, or, equity and to take
notice of all equitable matters. Each
party is to receive such relief on equit-
able grounds against the claim of any
other party as he would have received
in a suit in equity. If defendant
claims relief from a person not party
in the suit, the latter may be made
party by order of court. Whatever
would have been ground for an injunction
may be relived on by way of defence. In
every case all matters connected with the
subject of litigation are to be adJudica-
ted so that multiplicity of actions may
be avoided. and whenever there is any
conflict between the rules of equity and
those of common law, the. former are
to prevail. Terms are abolished so far
as concerns the administration OF jus
tice. The court is open practically all
the wear. Permanent officers, called
''Official Referees are attached to the
court for trial Of such questions as may
be assigned to them, and the court
may call in one or more assessors
specially qualified to sit with
them on the trial of causes, except in
cases where under the act the parties are
entitled to jury the court may refer
any question to an official or special
referee. All actions at common law,
suits in equity and admiralty and pro-
ceedings in courts of Probate are to be
instituted by a proceeding which is
called an action, and which is COM
menced bya writ of summons and re-
quires the filing of q concise statement
of the cause of action and relief demand
ed, divided into paragraphs In all
actions for debt or hquidated demand in
money, the plaintiff may on filing an af-
fidavit of his belief that there is no de-
fence to the action, call on the defendant
to show cause why he should not have
final judgment; and unless the defendant
discloses facts which satisfy the court
that he is entitled to defend, judgment
may be given for the plaintiff. No action
is to be defeated by the misjoinder OF
parties. At any stage of the proceed
ings, names of parties may be stricken
out and the names of any who ought to
have been Joined added. Whenever
plaintiff is in doubt as to the person
from who he is entitled to seek redress,
he may join two or more defendants SO
that the question as to which OF these is
liable may be determined. The plain
tiff may also join in the same action all
or any of the persons severally liable on
any contract, bill of exchange or promis-
sorry note. To the complaint of plaintiff,
defendant must file statement OF his de-
fence, set off, or counter claim, and may
set up by way of counter claim any right
or claim, whether it sounds in damages
or not and the court pronounces final
Judgment in the same action both in the
original and cross claim. The plaintiff
may unite in the same action several
causes of action, but the court may order
,so11 >f Il, ,at-1 ann
veniently tried together. Parties are en-
titled to the production of books and
papers in possession of any party and to
obtain discovery. There is no local
venue for the trial of any action, but
the plaintiff may choose the county in
which he wishes the trial to be had.
If none is named, it is tried in Middlesex
unless otherwise ordered by the court.
Issues of fact are to be tried by jury If
demanded by either party. Subject to
rules of court in particular classes OF
cases, witnesses are examined viva voce
in open court. Either party may call up
ON the other to admit any document
Saving all just exceptions), and in case
of refusal, the costs of proving it are paid
by the party refusing, whatever may be
the result of the suit, unless the court
certify that the refusal was reasonable.
The court may order the inspection of
property and entry into land, or build
ings, in possession of any party, if neces-
sary to give the other party information
necessary to the suit. The costs of pro-
ceedings are in the discretion of the
court. A new trial is not granted for
msdirection or improper admission or
rejection of evidence, unless the court is
of the opinion that some substantial
wrong OF miscarriage has been thereby
occasioned. Bills of exceptions and
writs Of error are abolished, and all APP
peals are to be by way of rehearing and
to be brought by motion in summary
way. No appeal operates as stay of
execution except as the court may order.
This sweeping measure was introduced
by the Lord Chancellor, supported by
eminent lawyers in the House of Lords
and finally passed by the Commons after
having received thorough public dis
cussion in the press by members of the
legal profession and others. There were
indications that public sentiment leaned
in favor of even more comprehensive
measure. The act went into operation
in 1875 and has been amended from time
time in some particular, but not so as to
modify materially its character and scope.
The complaints which led to this enact
ment were numerous, but were specially
directed against the separation of the
Jurisdictions of the equity and common
law courts The confusion and conflict
of jurisdiction, the uncertainty as to
where particular action should be COM
menced. and the existence of conflicting
rules, all pointed to the establishment of
single court which should blend the
two systems and have the power to give
the proper remedy and relief by the use
of such procedure or method of trial as
was found expedient in each particular
case.
AS bearing upon the success of the new
system in England, | desire to quote the
opinions of few of the most eminent
English judges. Lord Chancellor Cairns
in a speech in the House of Lords in 1876,
said, "The great change effected by the
Judicature, Acts came into operation on
the first of November last, and l am
bound to say that every day which has
passed has satisfied me of the wisdom of
Parliament in introducing that great
scheme. So far as | can observe the
working of the Judicature Acts, they
have been in the highest degree satisfac-
tory. There has been found in their
working a degree of flexibility, of sim
plicity. of uniformity, and of economy of