The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-04-03

the enforcing of its rights and any property held in
trust by any school district by virtue Of gift devise
or benefit of said district shall continue
to be held and used according to the terms thereof
SECT. s.. The school moneys OF every town shall be
same aggregate annual length of terms in all its
every t4wn snail n e tSa Tor the
weeks annually. Any town failing to maintain its
% S its State School MONEYS TIL it shall
made suitable provision for so maintaining them
SECT 6. Adjoining towns, upon the written recon-
mendation of the school committee of said towns,
the benefit OF parts of said towns in what are now
union school districts, may establish such schools,
and shall contribute to their support each in proper
ton to the number of scholars in each of said
attending such schools Said schools shall be under
in which their school-houses are located.
SECT. Z. The inhabitants of any section of q town
nance of free high schools, may organize free high
school precinct in the manner hereinafter provided
districts in the provisions of law relating free high
schools petition of any five voters resident in said
the municipal officers of the town shall call meeting
of the voters within said limits by causing notices
specifying the time, place and purposes of sald meet
Ing days before the time appointed to be post
ed in two or more conspicuous places within salo
clerk who shall be sworn, and shall, by maJoI ly
vote of those present and voting, determine wnetner
agent who shall be duly sworn, whose powers and
duties shall be the sameas those of district agents as
defined in the law relating to- free high schoois. ou
precinct may continue its organization from veal 70
year by the holding of meetings called IN tne na s
aforesaid long the town shall negecG OF Ieiu"e
to support free high schools. Sections Of adjoining
towns may organize as herein anu than two
such precincts shall exist at the same ume IN any
MSneyS in ~ he sa manner now provided
assessment and collection OF moneys Voteo py schoo
Sect 8, The management of the schools and the
custody and of all school property in every town.
Consisting of three, five or seven members in each
town, as the town may elect, who shall be chosen by
old office for three years. provided however, that in
towns not having such committees when this act be-
comes law the committee then chosen, at their first
meeting shall designate by lot member or members
to hold office for one. two and three years respective
vear for two Years and one FOR three years
consisting OF FIVE one for year. two for two years.
for one year. two for years, and three for three
years. and they shall certify such designation to the
Town clerk, to be by him recorded. Said committee
shal have power to fill vacancies occurring during
the interim between annual meetings. and shall anu-
ally elect of its members supervisor OF Schools
who shall be, ex-oicio secretary of the committee,
shall make the annual enumeration Of scholars re-
ouired by law, and shall examine the schools and in
quire into the regulations and discipline thereof and
the proficiency Of the scholars Tor winch purpose re
shall make all reports and returns reatlng 10 Inc
H s 70 r, he made by superntendn school commit
tees and perform such other duties as said committee
90 authorize in lieu of the supervisor herein provided
for superintendent may be elected who may OF may
shah serve without pay but the supervisor super
infendent by them elected shall receive for his
vices such sum as the town shall annually vote there
for Which sum shall in no case be less than two dol
lars per day for every day OF actual service.
herewith except private and special laws authorizing
towns, cities and Incorporated districts TO choose
school committees other than those herein PROVIDED
SECT TO- T6is act shall take effect on the first day
of March, eighteen hundred and ninety-four.
[Approved March III
Chapter 215.
ro1atiop Tn at and the
Supreme Judicial Court and Superior Courts.
SECTION When in an action at lay IN the supreme
can better determined and enforced by Judgment
in eg s at may
parties to plead in equity in the same cause ana may
SECT. 3 When in any equity proceeding in the su-
preme judicial court it appears that the remedy at law
the parties can fully determined and enforced by
Judgment and execution at law, the court may upon
and REQUIRE the parties to plead at law in the SAME
and may hear and determine the cause at law;
SECT. 5. When in action at law commenced in
either of the superior courts pending in the
judicial court, sitting law court it appears that
enforced by Judgment and decree in equity the su
preme judicial court may, upon reasonable terms,
Strike the pleadings at law and require the parties
the action shall transferred to the docket Of the
preme 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
which would be ground relief in equity and shall
receive such relief would be entitled to receive in
equity against the claims of the plaintiff such matter
of defense shall pleaded in the form of brief state
ment under the general issue. And by counter 6Iie
statement, any plaintiff plead any matter which
would be ground for relief in equity against any de
Tense set up by any defendant IN an acton AT law IN
said court and shall receive such relief as he would be
entitled to receive in equity against such claim OF the
SECT. s. In actions at law in the superior courts
equitable defenses and equitable replies to matters of
1f ny v a the
pleaded are true in fact Tnereupon the acon sna De
transferred to the docket of the supreme Judicial court
for the county, and be heard and determined in
SECT. 6. Whenever in such action any matter which
would be ground for relief in equity is SO pleaded by
DEGREES and restraining ORDERS may be necessary to
protect and preserve such equitable rights, and may
Issue inunctons, according to the usual practice OF
courts of equity.
SECT. I. No attachments shall be affected by pro-
ceedngs under this act. Either party to may,
upon petition obtain from the court order for the
attachment OF property OF party to the suit to secure
such precept courtney order and to be recorded
as in case of other attachments.
SECT s. In an proceedings in the supreme judicial
court under the preceding sections, when there ap-
be conflict variance between the prln-
cpes of law and those of equity as to the same sub
tect matter, the rules and principles of equity shall
prevail At the hearing all equity causes oral test
mony shall be received as in trials at common law:
SECT g. A party TO any action in the supreme judi
cal court or superior courts, may file in the clerks
office of the court in the county where such action is
pending any document which he may deem material
to the issue and give the adverse party notice OF
such filing and that he desires the execution OF SAID
document to be admitted. Unless the adverse party
shall within seven days after such notice. unless the
time is enlarged by the court or justice tnereoI e ~
said clerks Office denial OF the commences OF ae
execution Of said document he shall be held TO nave
admitted the same. IN.
SEoT 10. Where books, papers, or written lnstru.
epts material to the issue any action at law pending
In the supreme judicial court in the superior courts
are the possession of the opposite party ana access
hearing may require their production for Inspection
SECT il. No Justice of the supreme Judicial 1 court