The Republican journal., 1901-03-28

large the time for furnishing such copies
Sueh appeals shall be heard at the tern
to whicn they are taken. unless otherwis
l agreed, or the law court shall for goo,
cause, order a further time for the hear
ing thereof, and shall on such appeal al
hrm, reverse, or modify the decree Of tn
| further proceedings, as it deems proper
All eases in which appeals or exception.
are taken from final decree, shall he
main on the docket of the court below
marked law, and decree shall be en-
tered therein by single justice, in ac
curdance with the certificate and opinio.
of the law court
amended as follows: In second and thire
| lines strike out the words law cour
! held within the district in which it i.
pending and insert thereof the word
| ton, as amended, shall read as follows:
| Section 23. Upon a hearing in any
cause in equity, the justice bearing The
same maA report the cause to the next
term of the law court, if he is of opinion
that any question of law is involved. OF
sufficient Importance or doubt to justify
the same, md the parties agree thereto
furnished by the complainant and shat
he heard and decided by said law court
in like manner and with like results as
is herein pioyiced ir case of appeals
Section ). Section thirty nine is amend
ell to read as follows:
'Snction 80 For the purposes of the law
court the state shall constitute one dis
trict. The sessions of the court as a law
court. shall be holden at Augusta on the
SECOND Tuesday of December AT Bangor
on the first Tuesday of June and at
Portland Oh the fourth Tuesday of June
in each year. Meetings of all the JUS
tees shall be held annually at Augusta
and Portland during the law terms, ant;
all Undecided questions Of law and equity
previously sub:nittcd shall then be de-
cidcd.'
Section 4. Section forty is repealed and
the following enacted in place thereof:
Section 40. At least ter days before the
sitting Of each term of the law court. the
the state, shall certify to the clerk of
such torn all cases, pending in the SUI
pro me judicial and superior courts in
THEN respective counties. marked law
and all other matters OF which the Jaw
count has jurisdiction. except cases in
watch exceptions or appeals in proreeo-
inSs in equity have been adiudsed friv-
olc'ls and Intended for decay; ana they
shall he a tel'G On the docket of the law
court ana shall, together with all Other
matters tn rein pending be in order for
argument Contamination or continuance
in the alphabetical Greer of counties
f'rcNiCcd that causes marked law and
all other matters of which the law court
has ii'i'isnlc'ion in the counties of andre
Lincoln, oxford, Sag@dahpc ana York
snail rot be entered or be in order for
hearing ut the term holden at Bangor
except BY consent .,,@,l oi both parties; but
order fci hearing at the Portland and
Augusta terms.
Section ). Section forty-onc is repealed
and the following enacted IN place there
OF:
Section H. The clerks Of court in the
eourtic. of Kcnncoec., Penobsoot and
Cumberland shall be the clerks Of the
ternrs ri the law court held in their re
spectivc counties and each shall, upon the
adjournment of d term thereof holden in
his ""unty, transmit to the clerk OF the
next form al dockets together with all
exhibits and documents i'll his custody
relating 10 pending causes. The dockets
OF the law court shall be made from time
TO time and kept as the court may direct
'fhe ,hief justice or in his absence the
senior justice present may allow the sew
eral clerks for attendance. not exceeding
two ami one-half dollars per day, and
reasonable compensation for making
hui no entry fec shall be charged.
This act shall take effect September
first, nineteen hundred aad one, and all
actions then pending before The law court
in the several districts as now consti-
tltsd snail be transferred TO the docket
of said court as herein established.
Section G.. Section forty-two is amended
in the eleventh and sixteenth lines by
striking out in each The word district
and inserting III place thereof the words
law court 50 that SAID section as amend
cd. Shall read as follows.
Section AZ. The following cases only
come before the court as d court of law:
c. s'es in which there are notions for now
trials upon evidence reported by the li's-
ticc: questions of law arising on reports
of cases; bills of exceptions: agreed state
Hents OF facts. cases. civil or criminal.
presenting Il question of law; all qnes-
tons arising i'll equity cases: motions TO
dissolve iniuactions issued after notice
ana Eearing or continued after a hearing;
questions arising on WritS of habeas cor
pus, mandamus and certiorari. when the
facts are agreed on, or are asccrtalred
ana reported by justice. Tley shall he
marked law on the docket of the county
where they are pending, sud there con.
tlnued until their determination is cor
;tiei 10y the clerk nf the law court 20 the
clerk OF the county and the court SHALL
Immediately after tie Gee is!on of the
question sIbn'itted to it. make such order.
direction, Judgment or decree, as is fit
and proper for the disposal Of the case
and cause resoript in all ciVl suits.
briefly stating tho points therein decided
to he filed therein, which rescript shall
be certified by the clerk of the Law court
10 IL" clerk of the county where The Hc-
IT, II iS pending ana 10 the reporter of de-
cisions; and If 10 further opinion is writ
ten ont, the reporter shall publish in the
the case. together with such rescriui il
the reporter deems the same OF sufficient
importance for publication.
Section I: Section forty-thre" is amend
words session for the district and in,
eelt in place thereof the words law term.
also in the fourth line bv striking out the
word 'district' and inserting in place
thereof the word law court so that said
section. as amended, shall read us fol-
lows:
Section A. When parties enter an
agreement on the docket of comfy
under case:; named in the preceding sec
ton. and transmit arguments in writing
10 the court before or at its next law
tern. such cases need not be entered on
the docket Of the law court; and the
court may pronounce Judgment III any
Curinty, and cause it to be ccrtifled and
entered il the county where it is pending
as of the preceding term.
Section s. Section fOrtN-f0ur is amended
bY striking out in second line thereof the
word district" and inserting in place
said section. as amended, shall read as
to,lovs:
Section Al. When cnscs mentioned in
section f0rty-twO arc not entered on tine
docket of the law court within the frs!
two days of the next law term, the oppo
site party may. at that term. enter
complaint. briefly setting forth the facts
and the court, if satisfied of the trutl
thereof may render judgment in his ia,
if the case is on exceptions, treble costs
shall be awarded from the time whe1
they were fled
Section o Section seventy-five is
amended to read as follows:
Section -. Exceptions may he alleged
as in the supreme judicial court and shall
together with all cases upon agreed state
m INT of iactS. upon report and mot, ~
fol new trials. be certified as provided in