The Portland daily press., 1893-01-04

Supreme judicial Court or Superior
Courts, may file in the Clerks Office of
the court in the county where such ac-
ton is pending, any document which he
may deem material to the issue, and give
to 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
thereof, file in said Clerks office, de-
NAL of the genuineness of the execution
of said document, he shall be held to
have admitted the same.
SECT. 10. Where books, papers, or
written instruments material to the issue
in any action at law pending in the SUI
preme judicial Court or in the Superior
Courts, are in the possession of the OPP
posite party. and access thereto refused,
the Court upon motion, notice and hear
ing, may require their production for in
Spectlon.
Bill relating to exceptions and stenographers.
Be it enacted By the Senate and House Of
Representatives. in Legislature assem-
bled, as folloacs:
SECT. 1. Section 81 of Chapter n of
bLG ltSNISClt oLnbtlLCS iCiCLt9
BY adding thereto the following words:
IF the justice disallows or fails to sign
and return the exceptions, or alters any
statement therein, and either party is
aggrieved, the truth of the exceptions
presented may be established before the
Supreme judicial Court sitting as
court of law, upon petition setting forth
the grievance, and thereupon, the truth
thereof being established, the exceptions
shall be heard, and the same proceed
ings had as if they had been duly signed
and brought UP to said court with the
petition. The Supreme Judicial Court
Shall make and promulgate rules for set
Ting the truth of exceptions alleged and
not allowed"
SECT. 2. Section 145 of Chapter 81 Of
the Revised Statutes is hereby amended
by emitting the words 'sunder the direc-
ton of the court in the fourth line, and
also the W rds s'as the court in the sew
enth line and the word directs in the
eighth line. and by inserting after the
word ''justice" in the sixth line the fol
lowing words, sand all comments and
rulings of said justice in the presence OF
the jury during the progress of the trial,
as well as all statements and Arguments
of counsel addressed to the COURT also
by inserting s'the'' after the word
court in the seventh line, the words
"or any party interested" and also after
the word 'snotes" in the seventh line,
the words s'as may be required. Also
by inserting after travel in the elev-.
enth line, the words ''actual expenses of
living when away from home, not ex-
ceeding so per day." So that said sec
ton, as amended, shall read as follows:
SECT. AS. At any term of the Supreme
judicial or Superior Courts, the presid-
ing justice may appoint stenographer
to report the proceedings thereof, who
shall be an officer of the court, and be
sworn to faithful discharge of his
duty. He shall take full notes of all oral
testimony, and other proceedings in the
trial of causes, including the charge of
the justice and all comments and rulings
of said justice in the presence of the jury
during the progress of the trial, as we'll
as all statements and arguments of coun-
sci addressed to the court, and furnish
for the use of the court OF any party in
terested. a fair, legible, long-hand copy
of so much of his notes as may be re-
auired. He shall receive for his services,
from the treasury of the county in
which the court is held, the sum allowed
by the court, not exceeding five dollars
day for attendance, six cents mile for
actual travel, actual expenses of living
when away from home not exceeding
two dollars per day, and ten cents for
every one hundred words of the long
hand COPY furnished for the use of the
court. He shall also furnish a copy of
so much of the evidence and other pro-
ceedi gs, taken by him, as either party
to the trial requests, on payment there
for by such party at the rate aforesaid.
SECT. 3. This act shall take effect when
approved.