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An Act Establishing Courts of Common Pleas

An Act Establishing Courts of Common Pleas p2.pdf

Revision as of Feb 16, 2022, 8:52:58 PM, edited by Wordhunter

fees and compensation for their services, as the Justices of the Circuit Court of Common Pleas now receive in their respective Circuits, and to be paid in the same manner.

Sect. 3. Be it further enacted [four underlined], That all writs and processes, issuing from the Courts of Common Pleas, shall be in the name of the State of Maine, bear test of the Chief Justice, when not a party, and of one of the Associate Justices, when the Chief Justice is a party, or his office is vacant; and where any two Justices are interested in any action, the remaining Judge shall constitute a competent Court to try the same; and such writs and processes shall be under the Seal of the said Court, and signed by the clerk of the said Court, in the county to which the writ may be returnable, and shall have force, be obeyed and executed in every county within the State, and all original processes shall be summons, copies or attachment, and shall be served and returned in the same way and manner, as is now provided by law for the service and return of similar processes; and the form of all processes and executions shall be so far altered and changed, as to conform to the provisions of this act.

Sect. 4. Be it further enacted [four underlined], That any party aggrieved at the judgment of any Court of Common Pleas may appeal therefrom to the Supreme Judicial Court; subject to the same restrictions, limitations and conditions, by which appeals from the Circuit Courts of Common Pleas were regulated prior to the passing of this Act. And any party thinking himself or herself aggrieved at any opinion, direction or judgment of any Court of Common Pleas in any matter of law, may allege exceptions thereto in the same manner, and the same proceedings shall thereupon be had, under the same conditions, penalties and restrictions, as before the passing of this Act were provided in relation to any opinion, direction or judgment in any matter of law of any Circuit Court of Common Pleas. And the