Year: 1878

Chapter 10. ...


AN ACT to facilitate the prompt administration Of JUS


tce by establishing Superior Court in the county Of
Kennebec.


tiUes in Legislature assembled, as follows:


SECTION l. superior court is hereby established at
Augusta within and for the county Of Kennebec consist
ing of justice, who shall be inhabitant Of said
county, of sobrieV OF manners and learned in law he
shall be appointed, commissioned and qualified according
to the constitution.


SECT. 2. Said justice shall establish seal for said
court; and all wrts processes issuing thererom shall
be in the Of the state Of the usual FORMS bearing
the teste Of said justice under the seal Of said court and
shall I've signed by its cerk they shall be obeyed and ex
ecuted thoroughOut the state.


sEcr g. The clerk for the time being Of the supreme
judicial court 10 said county shall also be clerk Of SAID
superior court and shall receive for his services such
the fees allowed other clerks for similar services in the
supreme judicial court. He shall appoint deputy, ap-
proved by said justice, who shall a. clerk Of said
perior whenever said court and the supreme judi
ca court happen both to be in session in said county;
nd whenever said clerk of the supreme judicial court
absent the office is vacant said justice may appoint
to supply the vacancy during such ABSENCE or until
appointment is made by the governor and council or
by the supreme Judicial court.


SECT. L. The sheriff Of the county Of Kennebec shall
attend said superior court unless the supreme judicial
shall be in session in said county in which he shall
specially designate deputy approved by said justice Of
said superior court to attend And whenever shall
happen tina. said justice is prevented from attending at
the and place at which said court by law by ad
journmen ought to be held said sheriff such deputy
SHALL oral proclamation, adjourn said court from day
TO day until SAl0 justice 6nall AtCcnO


SECT s. Within said county said superior court shall have
exclusive appellate jurisdiction Of civil appeals from mu
ncpal police COURTS and trial ustces exclusive
original jurisdiction of actions OF scre facias judgments
ecognzances not exceeding ve hundred dollars of all
bastady trials and of all other civil actiocs law not
clusveiy cognzabe by municipal courts police courts,
and trial Justices where the damages demanded do not
exceed thousand dollars, except complaints Of flow
age real actions actions Of trespass quarc clausum and
original Jurisdiction Of proceedings in habeas


Seer g. Said court shall be held on the first Tuesday
Of February and April second Tuesday Of June and first
Tuesday OF September and December. Travers jurors
sh be drawn and returned to serve at said terms as IN
the supreme judicial court, except that the jurors
may required by the justice for two successive
terms All actions shall be made returnable at Of the
two begun and held after the commencement
of such actions. plaintiff desires jury trial, he
shall the upon his writ the time of entry
The defendant shall within fourteen days after entry, file
his pleadings and if the plaintiff has not demanded
jury the defendant shall indorse his plea his demand
for jury, he desires one whenever Jury shall Do
demanded by either party the clerk shall enter that
fact the docket, and all other cases. except appeals,
sha be tried by the justice without the intervention Of
jury subject to exceptions in matters Of law in term tim
both parties desire chambers. Whenever, by ac-
cdent mistake, the plaintiff fails to ndorse upon his
writ at the time Of entry request for jury trial, or
the defendant by accident or mistake, shall fail to in
dorse upon his plea when filed, demand for jury the
may motion Of either party at its discretion Or
der trial by jury in the cause When defendant,
legally served. does not appear by himself or attorney


uted as n the supreme Judicial court II the defendant
does Ale his peadings herenbefore provided he
shall deauted the first day Of the next term after
entry unless good shall grant leave to
file plea, shall otherwise lawfully dispose Of the
ton All actions duly answered to shall be In order for
trial at the after entry and shall be tried
except for good cause and in ease shall plaintiff re-
cover for travel and attendance for than two terms
Appeals shall be entered by the appellant rs In the su-
preme judicial court and shall bs In order for trial at the
first term.


SECT. l. Exceptions may be alleged as in the supreme
judicial court and entered heard and determined ut the
law held In the middle district provided that when
the law term happens to be neld in either Of the
other DISTRICTS justice Of the superior court may,
motion party not excepting, certify the exceptions
to said next law erm II in his opinion they alleged
mainly delay; but the party moving shall be deem
ed to waive his right to be heard In opposition to said
ceptons which shall be entered and determined at said
next law without argument by said party ard upon
the oral written argument Of the party excepting.
Cases certified upon agreed statements Of facts reports
and motions for trials, shall be entered, heard and
determined at the law term In the middle district,
any the law court may by agreement OF
ties be entered at the next law held in either dis
tric And all exceptions arising in within the ex
elusive jurisdiction Of said superior court may be cert
fed at by said justice TO the chief justice OF the