Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-04-03

An ACT to fix the time OF holding the terms Of
section /. CEspfer seventy seven, revised
statutes Of Maino 4 hereby amended az follows;
Section twenty IL amended by striking out In
the second line thereof the words next law
court 20 be held 10 the district where the cause
Is pending" and insert In place thereof the
words next term OF tho law court 90 that said
section, as amended. shatl read a. follows:
Section 20. FROM all finni DEGREES Of such
justice, an appeal lies to the next term Of the
law court. Said sppeai shall be claimed by an
entry on the docket OF the court from which
the appeal Is taken, within ten days after such
decree is signed. entered aud filed, and notice
thereof has been given by such clerk to the
parties or their council. The appellant shall
printed copies Of the case on the first day OF
said law term. and for good caiise shown, the
law court may enlarge the time for furnishing
the term 10 which they are taken, unless other
wise agreed, or tho law court shall for good
cause, order a further time for the hearing
thereof, and shall on such appeal. aiiifm, re-
verse, or modify the decree OF the court below,
or remand the cause for further proceedings.
Us II deems proper. All casesi In which appeals
shall remain on the docket of the court below,
marked law and decree ehall be entered
therein by single justice, In accordance with
the certificate AID opinion of the law court
Section 2. Section twenty. three Is amended
as follows: In second and third iincs strike out
the words claw court held within the district
words term OK the law court, go tlsat said Sec
ton, as amended. shall read as followsi
section %. Upon hearing In any cause In
equity the Justice aearipg the same may report
the cause to the next term Of the law court, II
he is of opinion that any question OF law 10 in
yolved, OF sufficient Importance or doubt 10
The r Cause shall be entered and copies fur.
nished by the complainant and shall BIO heard
and decided by said law court In like manner
and with like results as Is herein provided IN
case Of appeals.
Section d. Section thirty .nino is amended to
read as follows.
section 80. For the purposes OF the law
court the state shall constitute one district.
The sessions Of the court q law court, shall
be holden at Augusta on the second Tuesday
Of June and at Portland on the fourth Tuesday
of June In each year. Meetings of oil the jus
tees shall be held annually at Augusta and
cide1 naesttons OF law and equity previously
submitted stal1 then be decided
Section 4. Section forty 10 repealed and the
i Rs sn ys Seorc the sit
ting Of each term Of The law court, the clerks
of court In the several counties Of the state,
shall certify to the clerk OF such term, all
cases, pending in the supreme judicial and
superior courts In their respective counties
marked law and all other matters OF which
the law court has Jurisdiction, except cases in
which exceptions or appeals in proceedings in
equity have been adjudged frivolous and In.
tended for delay; and they shall be entered on
the docket of the law court and shall, together
with all other matters therein pending be in
order for argument, determination or coutin-
uance in the alphabetical order Of counties. :,
Provided that causes marked law and all
other matters of which the law court has juris-
diction in the counties Of Androscoggin, Cum.
berland, Franklin, Knox, Lincoln, Oxford,
Sagadahoc and York shall not be entered or be
in order for hearing at tho term holden al
Bangor, except by consent OF both parties; but
such causes shall be entered and DO In order
for hearing at the Portland and Augusta
section s. Section forty.one is repealed and
The following enacted In plaste thereof:
lies OF Kcnnebec, Penobscot and Cumberland
shall be the clerks of the terms of the law
court held in their respective counties and
thereof hoidon in his COUNTY, transmit to the
clerk of the next term all dockets together
with all exhibits and documents in his Gus
s sM se P sS s. s ae as
time and kept A. the court may direct
I Justice present may allow the several clerks 70
attendance, not exceeding two and one-hal
dollars per day, and a reasonable compensa
ton for making dockets, which shall be pal
by the state, but no entry tee shall be charged
This net shah take. effect september frs
, nineteen hundred and one, and all action
then pending before the law court In tho SCI
! eral districts Ms now constituted shall be tran
ferred to the docket OF said court as herei
| established
| Section Q. Section forty-two is amended 1
the eleventh and sixteenth lines oy strikin
ont In each the word district" and inserting
section as amended. shall read as follows:
Section ~. The following cases only com
, before the court as court OF law: Cases L
which there are motions for new trips upo
, evidence reported by the Justice; Question
of laws arising on reports Of cases; bills of e1
ceptions; agreed statements OF facts; cases
civil or criminal, presenting question Of law
MI questions arising in equity cases; motion
TO dissolve injunctioDs issued amer notice an'
hearing or continued after hearing; ques
4 lions arising on writs of habeas corpus, man
damtls and Certiorari when the facts are greed
| on, or are ascertained and reported by a jus
| tice. They shall be marked law on the dockel
| OF the county where they are pending, and
| there continued until their determination is
certified by the clerk of the law court to the
clerk of the county, and the court shall immedi-
| ately after the decision OF the question submit
ted to it, make such order, direction, Judgement,
or decree. as is fit and proper for the disposal
| of the case, and cause rescrint In all civil
suits briefly stating the points therein decided
to be filed therein, which rescripl shall be GER
tilted by the clerk of the law court to the clerk
of the county where the action Is pending. and
to the reporter of decisions; and II no further
opinion Is written out, the reporter shall pub
lish In the next volume of reports thereafter
issued, the case, together with such rescript,
il the reporter deems the same OF sufficient i'm
portance for publication
Section T. Section forty-three is amended
by striking out in the third line the words "ses-
of the words claw term,' also in the fourth line
by striking out the word district " and insert-
ing in place thereof the words law court SO
that said section as amended, shall read as
follows.
section As. When parties enter an agree
ment on the docket of county under cases
named in the proceeding section, and trans
init arguments in writing 70 the court before
or at its next law term, such cases need not be
entered on the docket of the law court; and
the court may pronounce judgment In any
county, and cause it to be certified and entered
in the county where it Is pending, as of the
preceding term
Section s. Section forty -four is amended by
striking out in second line thereof the word
ssdistrict" and inserting In place thereof the
words law court so that said section, as
amended. shall read as follows;
Section A.. When cases mentioned In sec
ton forty-two are not entered on the docket of
the law court within the first two days OF the
next la term, the opposite party may, at that
term, enter a complaint, briefls- setting forth
the facts, and the court II satisfied of the truth
thereof, may render judgment in his favor. as
In other cases decided by it; and ii the case is
on exceptions, treble costs shall be awarded
from the time when they were filcd'
Section 9. section seyenty-dge Is amended
to read as follows:
section rs. Exceptions may be alleged as
in the supreme judicial court and shall together
with all cases upon agreed statement Of facts,
upon report and motions for new trials, be
certified as provided In section forty of this
chapter. And all exceptions arising In cases
within the exclusive Jurisdiction of either Of
said superior courts may be certified at once
by the justice thereofto the chief Justice OF the
supre me judicial court and shall, when SO
cartffIad he argued in writing on both sides