The Portland daily press., 1893-12-07
SUPREME JUDICIAL COURT.
The following decisions with rescripts
by Chief Justice Peters were received
yesterday from the law court:

by Chief Justice Peters were received
yesterday from the law court:
LINCOLN COUNTY.
Isaac G. Williamson VS.. Andrew Lacy
Rescrlpt-Trials in court, as rule,
must be public. 1t is a public rather
than an individual right to have pro-
ceedlngs IN court conducted with open
doors. In criminal cases the accused
cannot be deprived of the presence OF his
friends. Judges have discretion to be
exercised in regulating the number and
kind of spectators at criminal trials, but
not an unlimited discretion.
A trial Justice exercises his dlscre-
tionary power enormously who causes to
be elected from his court room during a
criminal examination all persons but
parties and their witnesses, including in
the mum Der many leading and influential
citizens in attendance as spectators,
when the only Justification for their ex-
clus1on is that the trial was to be upon
an accusation of adultery in the presence
of several female witnesses. A judge of
q court of re ,ord is not liable at common
law for an act done by him as Judge
while acting within his jurisdiction, and
no action lies against him therefor,
whatever may be the act or his motive
forSit. The protection is absolute upon
grounds of public policy.
uO cdiuO pOi1CJ olSO dllOEuS d
great degree of protection, although not
absolute protection, to magistrates whose
courts are not by the common law
courts of records. All reasonable pre-
sumptions are allowed in their favor.
"A trial justice is not personally liable
1 for an injury to another whichis the re-
suit of an honet error of judgment on
his part, when he has jurisdiction in the
case and.the act done is not Of a strictly
ministerial character
f4n Where trial justice or other inferior
magistrate does an act unreaSOnably and
arbitrarily, or from malicious motives,
which causes an in jury to another, he
may be sued for the consequences of
bis wrongful act by theperson thus in
jureda sButit must be the case of a
direct injury or indignity to the
individual, and not merely an offense or
wrong against the public generally.
Plaintiff nonsuit.
xoRK COUNTY.
Richard F.Nott VS.. George Fl. Owen.
Rescript. Where the owners of three
quarters of store, holding in common
and undivided with the owner of the
other quarter, rented their fourths to
tenant who necessarily occupied the en-
tire store in order to avail himself of the
occupancy of the three fourths, such
tenant or occupant being unable to
of the one-fourth with the owner there
of, becomes liable, by an implied prom
Use created blythe relations lot the par
ties, to pay to such owner reasonable
rent for his interest in the premises;
and no further or greater liability rests
upon such tenant for his occupancy
The court finds that, on the facts pre-
sented, the plaintiff has already received
such reasonable amount of rent for the
period covered by the declaration in his
suit.
Plaintiff nonsuit.
ANDRoscoGGIN COUNTY.
James A. Pulsifer ct al, vs. W. Etienne
d. Estimauville.
Rescript. A person who sells piano,
taking therefor a Holmes note which
reserves title inethe piano to the seller
until the note be. paid, does not become
deprived of his title to the piano because
it turns out that the note, supposed by
him to be genuine was either unauthor-
lied hyg the signer or forged.
Exceptions sustained. New trial
granted.n
: u Only a few of those (a1vaniznd Iron