Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-05

OF uniformity and II seems 10 me L
bill removes that uncertainty and /
sates uniformity. or course there
be no difference In principle IN the
OF these three persons. They all 1
the same relation to the court an
the parties. They are officers or /
OF the court and not representa- I
of the parties. Now, what differen,
there between paying refsrees tel
termine a controversy between paI
an auditor to inyestigateRhd d. !,
mine an unsettled and dfspated 4
count between them and a ssurveyts
locate disputed line. There cles
can be no objection to uniformit
this respect. n
This amendment has one further IF
vision. 1t authorizes expressly the
peintment of a surveyor in action
trespass, in which the title to LIANT
involved. Take for instance, the
of large wood lot. which Is owneaa
several adjoining owners and the ~
er of one part decides to cut the rs
Der from his part of the land, an.'
does so. He is later sued by an adt
ing owner. who claims that a III
number of valuable trees have rs
cut down on his land. and that a I
pass has been committed. The def s
ant does not deny the cutting of
trees, but claims the trees cut vi
all on his own land, and there Is
issue which is before the court-w /
is the dividing line? In such a az
the court should have authority
appoint a surveyor. as 1t would Il.
real action, the difference being m
~ in the form of actions~ and no
the issue to be determined althc
of course. the form of judgement WI
be different in the two cases. An 4
may say that courts now. with g
frequency. appoint such surveyors I
actions of trespass involving the Il
to land, although it Is not EXPIRE
authorized by statute.
1t is suggested by the senator t r
York that this would put large expo
upon the county; but think any q
ator will readily see that it will p,
ably relieve the counties of expe 3
For it would enable a suit be de
mined out of court. Every day h
court is in session means a consid,h
Bile expense to the county. You &
three dollars to each of your jurt
and there are II of them and some &
numeraries-several deputy 81
ifs and other court officials in atte j
ance, and they are paid for their 1
tendance, and it is much cheaper I
the county to pay for one surveyols
run out and establish a line thank
spend three of four days thresff
that out before the court. 1t is cheas
for the county. 1t is not taking all y
burden from the parties. and puts
it upon the county, but it relieves
counties from considerable expense
1t is urged that, if this bill receil
a passage that it will encourage Il
gation-that a party would sue /
neighbor for the purpose of having.
line established at the county's /
pcnse: but I think you will easily
that the expense of employing a S
veyor to run a line wot
be very much less 70 than q
ploying a lawyer to bring
law suit with all the exper4
of that litigation and pressing it,
final judgment. l do not believe Z
senator from York would advise cli
of his that it would be cheaper for j
to employ a lawyer. and sue his mel
Dor, and go into court, and presses
to judgment in such case, than
employ a surveyor to run out HIS III
1t would be spending a. dollar to 81
a cent, and l think it is an imaginl
danger. l
This bill was reported to this Lei
lature from the Judiciary commit
The committee had public hear
upon it, and considered it in eXecut6
session, and it has reported unanimo.
ly that the bill ought to pass. l We.
like to inquire of what use Is our pr
ent committee system, if recommen
tons unanimously reported from
committee after careful considerati
ere to be lightly and carelessly q
regarded. l believe it is the duty
this State to support the report of /
Judiciary committee; and I therefI
hope that the motion of the senal
Olh Will pISNdit.
Mr.. HAMILTON: Mr.. President:
wish l had received such fine recC
mcndations years ago when I was pr
ticing law.
Now. as to Reports of Committe
suppose that L. myself. and ev
senator here, whether a committee
port is favorable or unfavorabie, is
1T ina ~ NJ
interests of the State he represents.
think it is an unwise policy that
must follow after, and support the co
mittees who report. We might as "
adjourn, and regard the committe
report as law, as enacted, as to hs
them go through all OF this form VIII
we see here at the Presidents desk,
bills read and re-read-it would be j.
as well.
Now. let us go back to this law.
auditor is appointed. He IS appoint
to aid the court. He is appointed
cause it saves time and saves expeI
to the county. 1t is an Office thus c
ated by law He acts in a judicis
capacity, far different from that
which a surveyor acts. Follow
along, The Statutes prescribe refer
That takes the case practically out
the court. That saves expense. II
is not. as a matter. evidence. But,
the trial of real estate cause of acti
the report of the surveyor who Is ;
pointed is more or less matter of e
dence. Does the senator mean to s
that ne never looks up his case.-tl