The Portland daily press., 1893-04-03
Chapter sos.

AN ACT to amend Sections sixteen and seventeen of
Chapter one hundred and two of the Revised Stat
utes, relating to wrts OF Mandanus
and two of the revised statutes is hereby amended by
Justice shall require the sixth line said section,
and inserting In lieu thereof the words as herein
after provided; but in all where exceptions
alleged to any rulings findings or DEGREES made upon
such petition the case shall be with as no
had and the peremptory writ shall have been ordercd
finally dispose of the case, which shall then be cert
fed to the chiefustce of said court as provided in
the following section So that said section as amen
SECT. 16. A petition for a writ of mandamus may
be presented justice of the supreme judicial court
in any county in term time or vacation, who may,
upon notice to all parties, hear and determine the
on, upon exceptions otherwise for the determina
ton Of the full court, which may hear and determine
the same as hereinafter provided; but In all cases
where exceptions alleged to rulings, findings
DEGREES made upon such petition the case shall be
until decision shall be had and the peremptory writ
y i Of the ess e,
which shall then be certified to the chief justice of
such hearing such writis ordered, it may be issued
from the clerks office in any county and be made
Scot 3. Section seventeen of said chapter hun
dred and two is hereby amended by adding thereto
the following:
after judgment and decree that the peremptory
writ be granted the justice of said court before whom
the proceedings pending, shall forthwith certify
to the chief justice for decision, all exceptions which
may be fled and allowed to any rulings findings or
excepting party SHALL within fifteen days thereafter
forward to the chief justice his written argument
upon such exceptions and shall, within said fifteen
days, furnish the adverse party or his attorney with
within fifteen days after receipt of such copy forward
his written argument in reply to the chief justice,
and thereupon, the justices of said court shall consid
transmit their decision to the clerk Of the county
where the petition is pending and final judgment
shall be entered accordingly. If the Judgment is in
Of the b the o yts sd ID
ion seventeen amended, shall read as follows:
SECT. IT, When writ of mandamus issues, the
person required to make return thereto shall make
his return to the first writ and the person
suing the writ may by an answer traverse
may demur. If the party suing the writ maintains
the issue his part his damages shall be assessed,
and judgment rendered that he recover the same
with costs, and that peremptory writ OF mandamus
shall recover costs. No action shall be maintained
for false return to Il writ of mandamus After 1udg
and decree that the peremptory writ be granted
the justice of said court before whom the proceedings
ticef for decision all exceptions which may be filed
and allowed to any rulings, findings or DEGREES MADE
any stage OF the proceedings. The excepting party
SHALL within fifteen days thereafter, forward to the
ions and shall within said fifteen days, furnish the
adverse party, his attorney, with copy OF such
arguments the adverse party shall within fifteen days
after receipt of such copy forward his written argu
ment in reply to the chief juste and thereupon the
justices of said court shall consider said cause imme
dately and decide thereon and transmit their decis
ion to the clerk of the county where the petition is
pending and final Judgment shall be entered accor
dinghy If the judgment is in favor OF the petitioner,
the peremptory writ of mandamus shall thereupon be
SECT g. This act shall take effect when approved.
Approved Mar. %.