Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-24

shore fisheries reporting Ought to pass
on bill, to repeal Chapter 81 of the Spec
ial Laws of 1903, relating to CLAIMS in
Scarboro, was taken from the table
| The report was accepted.
| Mr.. Baldwin offered an amendment, by
striking out all after the enacting clause
and substituting the following, "Section
/. Chapter 81 of the Private and Special
Laws of 1908 is hereby repealed. Section 3
This act shall not take effect unless a ma
iority of the voters of said town of Scar
boro voting shall vote to accept the same
at the next annual meeting of said town
or at prior special meeting for that
| purpose
| The amendment was adopted and the
| bill was read twice, and on motion of Mr.
baldwin the rules were suspended, the
bill received its third reading and was
passed to be engrosscd.
| The Speaker Informed the House that
hill, An Act to amend Section 81 of Chap
ter 5of the Revised Statutes. relating to
costs in contested cases, had been return
ed to the House from the engrossing de-
partment.
| Mr.. GARCELON of lewiston: Mr.
Speaker, this bill passed through the
| House, yesterday to be engrosscd. the
title only having been read. I desire to
read the bill:
| "Section 1. Section thirty-five of Chap
| ter sixty-five of the Revised Statutes is
| hereby amended by inserting after the
word costs the words and counsel fees
| so that said section as amended shall read
as follows:
| Section 81. In all contested cases in the
| original or appellate court of probate,
costs may be allowed to either party. to
he paid by the other, or costs and counsel
| fees may be allowed to either or both
parties to be paid out of the estate in
| controversy. as justice requires: and exc
| cutions may be issued therefor as in
| courts of common law
| Section .. This act shall take effect
| when approved
| That, gentlemen. invites litigation. IT
opens the door to a flood of litigation such
| rs pnrhaps we have never witnessed in
| this State in reference to dead mems es-
tates. Considering the lateness of this
session and the Importance of this matter
7 cite vour attention TO this question that
Won NAV exercise your best Judgment
upon this important proposition. There
|arc several objections to this bill, 1t pro-
vi,les that it shall take effect when ap-
| proved. This applies to cases now in CON
troyersv. and it further allows the judge
of every probate court in the State of
| Maine to grant the fees of the contesting
| nortios There is no estate in this State
that is safe under such provision. AS
the law now stands these fees may be al
lowed as Justice requires when a case is
| corried RI the supreme court. BY this bill
Won oman tho door and allow those fees to
be allowed nv the judge of probate in ev-
o,r county in the state of Maine / ask
,,our c,rof,,I consideration Of this cues
49,, ,,,o,.a that this bill be indefinitely
postponed.
Mr. ITTTLEFIELD of Rockland: Mr..
Sneaker I think the gentleman from Lew
is+on is r,nduly exercised In relation to
This kill. He states that the supreme
lconrt of probate can do now Just exactly
what this bill provides I never heard
that tho srpreme court of probate had
op,. ,,,oro authority that the original
CONT ~ probate except to revise the ac-
49, 10 ~ original court Of probate If
tl,o ~,,nra,,,e court of probate can do this
thing ,ov without any tct. 1t is only
necessary for party Who wishes fees
and cnsts allowed to appeal to the SUI
,,ror,,o oo,,rt of rra'',te and nave the su-
IRENE court allow them. and that would
nr o,no lii litigation because it might all be
andaa ord stopped in the lower court. SO
- t;- ass,,mption as to the condition of
49, Io-,, 81 the present time Is correct
think h XIV that the failure to pass this bill