The Portland daily press., 1893-01-04
BILL A.

Be it enacted By the Senate and House Of
Representatives IN Legislature assem-
bled, as follows:
SECT 1. The several superior courts
existing in this State are hereby abol-
ished and their jurisdiction and all
causes and matters returnable to or pend
ing therein shall be transferred to the
Supreme Judicial Court in their several
counties, and have day therein as if origi-
naliy entered therein OF made returnable
thereto.
SECT. 2. The number of justices of
the Supreme Judicial Court shall be re-
made from time to time as vacancies
shall occur in said court, by death, resig-
nation, or the expiration of term after
July l, 1894, until the number shall be
reduced as aforesaid.
SECT. 8. There shall be appointed
five Cureuit Judges, two of whom
shall be appointed Immediately after
the passage of this act, and the
remainder from time to time as
vacancies shall occur as provided in Sec
ton of this act. The salary of the
Circuit Judge shall be three thousand five
hundred dollars per annum, payable
quarterly.
SECT. 4. The Circuit Judges shall I'M
der the direction of the Chief Justice,
hold trial terms of the Supreme Judicial
Court in the several counties, which may
also be held by Justices of the Supreme
Judicial Court, and do all other things in
vacation that a justice of said court may
do.
SECT. 5. No justice of the Supreme
Judicial Court shall sit in the Law Court
upon the hear ng of any cause tried be-
f0ro hin i'm .y1,iaI nf hic mos
are the subject of review, nor take any
part in the decision thereof.
SECT. 6. The time of holding the an
nual sessions of the Law Court in the
Law Court shall be as follows: for the
Western District, at Portland, on the
second Tuesday of July; for the Middle
District, at Augusta, on the first Tues
day of December; for the Ea tern Dis
trict, at Bangor, on the second Tuesday
of June. In addition to the trial terms
of said court as now provided by law,
the following additional terms shall be
held: In Aroostook county, at Caribou,
on the first Tuesday of June; in Kenne-
bee county, at Augusta, for criminal
business only on the second Tuesday of
January, June and September; in Cum
berland county, for criminal business
only, on the second Tuesday of Febru-
airy, May and September.
SECT. Z. On motion of either party,
an order may be entered at the term in
which an action is marked '1aw," on the
docket of the court in any county that
the same shall be entered, and heard at
the next law term to be held in any dis
trict in the State which shall commence
marked law When any case is con-
tinued without argument in any law dis
trict, it shall, unless otherwise agreed by
the parties, be transferred to the docket
of the court in any district where law
term is next to be held which shall COM
mence more than thirty days after the
adjournment of the law term from which
a transfer is made, and shall then be in
order for a hearing.
SECT. s. All acts and parts of acts in
consistent herewith are hereby repealed.
SECT. 8. This act shall take effect
when approved.
An act in relation to suits at law and in
equity in the Supreme Judicial Court and Su-
perior Courts.
Be it enacted By the Senate and House Of
Representatives IN legislature assem-
bled, as follows:
SECT. l. When, in an action at law in
the Supreme Judicial Court it appears
that the rights of the parties can be bet
ter determined and enforced by judg-
ment and decree in eqnity, the court
the pleadings at law, and require the
parties to plead in equity in the same
cause, and may hear and determine the
cause in equity.
SECT. 2. When in any equity proceed
ing in the Supreme Judicial Court it APP
pears that the remedy at law is plain.
adequate and complete, and that the
rights of the parties can be fully deter
mined and enforced by a Judgment and
execution at law, the court may upon
reasonable terms strike out the plead
ings in equity, and require the parties to
plead at law in the same cause and may
hear and determining the cause at law.
SECT. 8. When in an action at law
commenced in either of the Superior
Courts and pending in the Supreme Ju-
dicial Court. sitting as law court, it APP
pears that the rights of the parties can
be better determined and enforced by
judgment and decree in equity. the SUI
preme Judicial Court may, upon reason
able terms, strike out the pleadings at
law. and require the parties to plead in
equity in the same cause; and thereupon
UuO dCUlOA clldlt OO UioASlOllOo w CliO
docket of the Supreme Judicial Court
for the same county, and be heard and
determined in equity in that court
SECT. 4. Any defendant may plead in
defense to any action at law in the SUI
preme Judicial Court, any matter which
would be ground for relief in equity,
and shall receive such relief as he would
be entitled to receive in equity, against
t claims of the plaintiff; such matter
of defense shall be pleaded in the form
of brief statement under the general
issue. And, by counter brief statement,
any plaintiff may plead any matter which
would be ground for relief in equity
against any defense set up by any de-
PENDANT in an action at law in said court,
and shall receive such relief as he would
be entitled to receive in equity against
such claim of the defendant.
SECT. 5. In actions at law in the SUI
perior courts equitable defenees and
equitable replies to matters of defence,
may be pleaded by filing brief state
ment thereof supported by affidavit that
the matters so pleaded are true in fact.
Thereupon the action shall be trans
ferred to the docket of the Supreme Jul