Proviso. Actions now pending. and for the county of Cumberland, on the first Tuesday of May; and on the fourth Tuesday next following the third Tuesday of October; at Wiscasset, in and for the county of Lincoln, on the third Tuesday of May; and on the third Tuesday of October; at Augusta, in and for the county of Kennebec, on the fourth Tuesday of May; and on the third Tuesday of September; at Norridgewock, in and for the county of Somerset, on the first Tuesday of June; at Castine, in and for the county of Hancock, on the second Tuesday of June; and on the second Tuesday of October; at Machias, in and for the county of Washington, on the third Tuesday of June; at Paris, in and for the county of Oxford, on the second Tuesday of September; and at Bangor, in and for the county of Penobscot, on the first Tuesday of October. Provided nevertheless, That the Tuesday of the month, in which said Courts are respectively to be holden, at the said several times and places, may in all judicial proceedings, from time to time, be expressed and designated by such Tuesday of the month as will be the Tuesday on which the said Court is to be holden, pursuant to the foregoing arrangements. SEC. 6. Be it further enacted, That all actions and civil suits of every name and kind, which may be pending in the Supreme Judicial Court for the counties of Cumberland and Oxford; or for the counties of Kennebec and Somerset; or for the counties of Hancock, Washington and Penobscot, on the first day of April next; which shall have been originally commenced in the Courts of Common Pleas for the counties of Oxford, Somerset, Washington or Penobscot respectively; all petitions in which the petitioner may be an inhabitant of either of said counties, and all indictments against any person or persons for offences committed within either of said counties, shall be transferred and removed to, entered, heard, tried, and proceeded upon, at the Supreme Judicial Court, then next to be holden within the said counties of Oxford, Somerset, Washington and Penobscot respectively, within which the said actions originated and were commenced, the said petitioners reside, and the said offences may have been committed; and all the papers and documents, belonging to all such actions, suits, petitions and indictments, shall be delivered over to the Clerks of the said counties of Oxford, Somerset, Washington and Penobscot respectively. And all appeals which may be made from any Court of Common Pleas, and all recognisances which may be taken, and all offences which may be committed within either of the said counties of Oxford, Somerset, Washington and Penobscot, after the first day of the terms of the Supreme Judicial Court to be holden prior to the first day of May next, for the counties of Cumberland and Oxford, and for the counties of Kennebec and Somerset, and for the counties of Hancock, Washington and Penobscot respectively, shall be entered, heard, tried, prosecuted and proceeded upon, at the Supreme Judicial Court then next to be holden within and for the said counties respectively, where the appeals may be made, the recognisances may be taken, and the offences may be committed. the Court. SEC. 7. Be it further enacted, That whenever by sick- One Judge ness, accident, or any unforeseen cause, the number of Jus- may adjourn tices required to hold Courts, as is herein provided, do not attend on the day appointed for opening a Court, any one of said Justices may adjourn the Court, from day to day, until a sufficient number of said Justices do attend; and when from sickness, accident, or any unforeseen cause, neither of the said Justices shall attend on the day appointed for opening a Court, the Sheriffs of the several counties respectively, shall have power to adjourn the Court from day to day, until a Justice shall attend. to be entered SEC. 8. Be it further enacted, That when at any term of Judgment how the Supreme Judicial Court holden or to be holden in any in certain county, any actions shall have been continued nisi for ad- cases. visement by the Court, or for argument by consent of parties, and the Justices of said Court shall have determined the same before the next term of said Court holden in the same county, it shall be lawful to enter judgment upon said actions as of the last term of said Court, at which said actions shall have been continued, or at the succeeding term. And whenever the Clerk of said Court in any county shall enter a judgment upon any action by order of the Justices of said Court out of term time, he shall enter upon his dock Reporter to be appointed. His salary. Act to be in et the time when he shall receive such order, and all liens created by attachment on mesne process in said actions, shall continue and be in force for and during thirty days after the then next term of the Supreme Judicial Court for said county, any thing in the law to the contrary notwithstanding. SEC. 9. Be it further enacted, That the Governor, by and with the advice of the Council, shall, as soon as may be after the passing of this Act, appoint some suitable person, learned in the law, to be a Reporter of the decisions of the Supreme Judicial Court, who shall be sworn to the faithful discharge of his duty, and shall be removable at pleasure of the Executive; whose duty it shall be, by his personal attendance, or by any other means in his power, to obtain true and authentic reports of the decisions, which may hereafter be made by said Court, and shall publish the same whenever they will compose a suitable volume. SEC. 10. Be it further enacted, That the said Reporter shall receive out of the Treasury of this State, six hundred dollars annually, which together with the profits arising from the publication of his said reports, shall be a full compensation for his services aforesaid; and that the money, paid by persons admitted to practice as Attorneys in the Supreme Judicial Court shall be a fund for the payment of said sum: and if insufficient, to be paid out of any other monies in the Treasury not otherwise appropriated. SEC. 11. Be it further enacted, That this Act shall conforce 3 years. tinue in force during the term of three years from the passing the same and no longer. [Approved June 24, 1820.] 00 Supreme Judicial Court. CHAPTER LV. An Act to alter the times of holding the Supreme Judicial Court, and Circuit BE it enacted by the Senate and House of Repre sentatives in Legislature assembled, That from and after the first day of April next, the Supreme Judicial Court shall be holden at Portland, within and for the county of Cumber Commom land, on the first Tuesday of May, and on the third Tuesday next following the third Tuesday of October in each year. And the Circuit Court of Common Pleas shall be holden at Circuit Court Portland, within and for the county of Cumberland, on the Pleas. first Tuesday of March, the third Tuesday of June, and the second Tuesday of December, in each year. And all acts and parts of acts fixing the times of holding either of said Courts in said county, shall be, and they are hereby repealed. [Approved March 21, 1821.] -:00: CHAPTER LVI. An Act in addition to “an Act establishing a Supreme Judicial Court within this State." Be it enacted by the Senate and House of Represen hear and de tatives in Legislature assembled, That in all actions, petitions, and In certain civil suits pending before the Supreme Judicial Court, where- cases, one Judge to have in any two of the Judges of said Court, have been of coun- full power to sel for either party, or are otherwise interested in such ac- cide causes. tions, petitions or civil suits, one of the Justices of said Court, who has not been counsel or otherwise as aforesaid, shall have full power and authority to hear, adjudge, and determine said actions, petitions, and civil suits with or without the intervention of a Jury, as the parties may by their pleadings, or agreed statement of facts, render necessary according to law; any thing in the Act, to which this is an addition, to the contrary notwithstanding. [Approved March 8, 1821.] 00 CHAPTER LVII. An Act defining the powers of the Judicial Courts in granting Reviews and for other purposes. In cases when there have SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That whenever there been good shall have been any legal cause for any Judicial Court betore judgment, to set aside any verdict, but nevertheless judg- be granted, cause to set aside a verdict, a review may on petition to Supreme Judicial Court, and after due notice, on such con ditions as may be deemed proper. When by reas ment shall have been rendered on such verdict, the party aggrieved by such judgment may petition the Justices of the Court, at any of their terms, for a review of such cause; and the said Justices on due notice to the adverse party, and full consideration of such petition, are hereby empowered (if they see fit) to grant a review of the said cause on such terms and conditions as to them may seem just and reasonable between the said parties. SEC. 2. Be it further enacted, That whenever by reason on of accident, of any accident, mistake, or any unforeseen cause, judgment mistake, &c. judgment bas shall have been rendered on discontinuance, nonsuit, nil been render ed, S. J. Court dicit, non sum informatus, report of referees, or default, or suits may have been discontinued without judgment, to the hindrance or subversion of justice, the said Justices, on petition as aforesaid, are further empowered to grant a review of the action. And the said Justices shall be, and they are hereby vested with discretionary power, to grant reviews in in all civil ac- all civil actions, in manner as aforesaid, whenever they shall judge it to be reasonable, without being limited to particular may grant a review. Court may grant reviews tions, when they think it reasonable. In case of judgments rendered in C. C. Com mon Pleas or under certain circumstan ces. cases. SEC. 3. Be it further enacted, That whenever, by reason of any of the causes mentioned in the last enacting clause, any judgment in the Circuit Court of Common Pleas, or before any Justice of the Peace, may have been rendered in before Justice manner as in the same clause is mentioned; or any appeal may have been prevented or lost to the hindrance or subversion of justice as aforesaid; and the party aggrieved shall produce in, and file with the Clerk of the Supreme Judicial Court a copy of record of the cause duly attested, and shall petition the Justices of the same Court for a review of the cause, in manner as aforesaid, the said Justices may grant a tition of party review of the said cause in manner aforesaid to be heard and injured; determined in the said Supreme Judicial Court: Provided, That application be made to the Justice of the said Court within three years after the rendition of the judgment complained of, and only one review shall ever be granted in any action by virtue of this Act. Supreme Judicial Court may grant review of the cause, on pe provided application be made within 3 years. When review SEC. 4. Be it further enacted, That whenever a review is is granted, a granted by virtue of this Act, a writ of review shall be sued out and prosecuted to final judgment and execution. And writ of re |