Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-23

10 Wnich they are taken, unless a; h,r,yi.,
acreed, or the law court SHAH frr 80, W ,,'
cause. order i further time for tho No.,
ing thereof. and shall on such aunc,I ~,
f'i,, itVciSc, or modify The decree If *,
rr"Tt hc!ow, or remand the cause To-,
iurthcr proceedings. as it d, cm.; nronc,.
| -Ii c'S'S IN which appeals or exceDtion.
! are take: from / final decree sh.,u 80.
n.'ti. On the docket OF the court below
| !'drH"u law, and decree shall be on
tered therein by single iustic.. ;n o Wv
'.tn,lhcc with the certiiicatc and oninio,
! ~ the Ian court.
Stc'i"n Section twenty-thrcc is
amen'ie' as follows: In second ana III ir
uncS strike out the words law corr
nero Witnin The district in which it j.
f tenn * ,h ana insert thereof the word
'ioa as amended, shall read as follows.
section q Upon a hearing in any
etuSe III equity. the justice h.:arinE ,iiy
term "f The law court II he is OF ooi,,inn
! mat any question of law is involved az
s,iUic'cnt Importance o. doubt to justify
ihe same, ind the parties agree tS"rctn
ne c.tIsc shall be entered and ,cnic>
furnished by the complainant and shat
-" n.ird ana decided by SAID law cour,
IN Ike manner and with like results az
II hctsll led IL case of appeals
Section ). Section thirty-ninc is cInerd
e1 to read as follows:
o't'toi ~ For the purposes of the law
rrur' me state shall constitute one dis
trict. Inc sessions of the court as n law
court. shall be holden nj August; ON the
second Tuesday of December. at Bangor
on the first Tuesday of June and nj
Portland Oh the fourth Tuesday Of June
IL each year. Meetings OF ali the ius-
tees shall be held annually at Augusta
ana PORTLAND during the law terms, and
all undecided questions of law and equity
cidcd.'
Section 4. Section forty is repealed and
the following enacted in place thereof:
section II. At least ter Gays before I'M.
s!ttinS Of each term Of the law court the
ri"rkS NJ court in the several counties of
the state, shall certify to the clerk If
such torn. all cases. pending in the su-
prcmc judicial and superior courts in
'hrir respective counties. marked law
court has jurisdiction. except cases III
WhiCh exceptions or appeals in proceed
nSS IN equity have been adjudSed friy-
"lo'is ard intended for delay: ANA they
snail be rrtered On the docket of the law
court al shall, together with all Other
matters tn rein pending be in order for
argument "et"rrlination or continuance
i'll the alpha hetiCai or'ier of counties.
Provided that causes marked law anil
al other matters of which the law court
has jurisdiction in the counties of Andre
SCoSSin. Cumberland. Franklin Knox.
Lincoln, oxford. S2gGdahcC ana York
Stall npt he entered or he in order for
hearing at tht term holden at Bangor.
except by consent g. both parties. bl:i
such olUScs shall he entered and b, in
rider fer hearing at the Portland and
Augusta terms.
Section >. Section forty-onc is rspcalcd
and the following enacted N place therc-
Section IL. The clerks of court in the
oourtirH Of kennebec, Ptnobscot and
Cumberland shall Ee the clerks of the
terms II the law court held in Their. re
SPc tive counties ana each shall upon the
adjournment of i term thereof holden i'll
next tern all dockets together with ali
exhibits and documents in his custody
relating To pending caI.>.s. The buckets
OF thc law court shall be made from time
TO time and kept ts the court may direct
The iticf justice or III his absence the
senior Justice present may allow the Soy
eral clerks for attendance. not exceeding
reasonable compensation for making
doc ke:S, which shall be paid by the state,
hrI 10 entry fee shall he charged.
This act shall take effect Scptembet
first. nineteen hundred and one. and all
actions then pending before the law court
in tic several districts az now const
tIt"@ snail be transferred To the docket
of said court as herein established,
Section s. Section forty-tWC is amended
in tho eleventh and sixteenth lines by
out in each .he word district"
and Inserting IN place, thereof the words
law co, TT 80 that said section as tmend-
ed. shall read as follows;
Section AZ. The following cases only
come before the court as Il court of law
trials Ipon cvidenc" reported by tn" jus
tee: questions of law arising on reports
of cases: bills of exceptions: agreed state
ments Of facts; eases, civil or criminal.
presenting n question of law; all qi,cs-
items arising in equity cases: motions 10
dissolve injuaetioRs issued after notice
and te"rinE or continued after - nearing;
questions arising on WITS Of habcas cor
pus n.andamus and certorari when tho
facts are agreed on. or are aHccrtalrcd
and reported by 4 justice. Ti"N shalt be
marked law on the docket of the county
where they are pending. md there cen
tin,Ied until their determination is Ger
tilted 10y the clerk OF the law court I" the
clerk ct the county ard the court sh;tll
after the t.ccson of the !
question submitted to it, make such order.
direction. Judgment, or decree. a. i lit
ara proper for the disposal OF me case,
and cause Il. rcscript in all civil suits;
briefly statingehe points therein decided.
TO be tiled therein. which rescript shall
be certified by the clerk of tn" law court
to tl.os&4+.rk of the county where tn" nc
ton Us ENDING. ana to the reporter Of de
ci$tors. and if no further opinion Is writ
ten ont, the reporter shalt puhtish IN 'he
nsxt volume of reports thereafter ISSUED
the case. together with such rescrlnt: II
the reporter deems the same or sufficient,
irrtt1rt ancc for publication.
= Section :. Section forty-thrco is amend
ed shy striking out IN the third line the
wsjr Is ''se SSion for the district ana in,
sssl't in place thereof the words law term
also'i the fourth line hv str king out the
word. district and inserting in place
thereof the word law court 80 thtt Siid
section. as amended, shall read as iol-
lows:
section -. When parties enter an
agreement on the docket of county
under cases named in the preceding sec
ton and transmit arguments IN "ri'!S
torn such cases need not be cntHr2i on
the docket Of the Jaw court: ANA tnc
court may pronounce judgment III any
county. and cause it to he certified ana
8 Inferred in the county where it is pending
as Of he preceding term ,
Section 8. Section forty-four IS Hn"na thl