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SECT. 14. If a woman be lawfully evicted of lands, assigned CHAP. 95. to her as dower, or settled upon her as a jointure, or be deprived of Remedy, if she the provision made for her by will, or otherwise, in lieu of dower, be evicted of she may be endowed anew in like manner, as though no such assign- 13 Mass. 168. ment or provision had been made.

SECT. 15. If, upon any mortgage made by a husband, the wife shall have released her right of dower, or if the husband shall be seized of land, subject to a mortgage, made by another person, or made by himself before their intermarriage, his wife shall, nevertheless, be entitled to dower in the mortgaged premises as against every person except the mortgagee, and those claiming under him; provided, that if the heir or other person, claiming under the husband, shall redeem the mortgage, the widow shall repay such part of the money paid by him, as shall be equal to the proportion, which her interest in the mortgaged premises bears to the whole value thereof; or else she shall be entitled to dower only, according to the value of the estate, after deducting the money so paid. for the redemption thereof.

her dower.

1 Metc. 66.

How she may redeem land her husband, having signed Greenl. 102.

mortgaged by

the deed.

7

5 Pick. 146.

commit waste. 13 Maine, 273.

5

Pick. 191. & Pick. 309.

7 Pick. 152.

SECT. 16. If any woman, endowed of lands, shall commit or Penalty, if she suffer any waste thereon, she shall forfeit the place wasted, and also the amount of the damages done to the premises, to be recovered, in an action of waste, by the person having the next immediate estate of inheritance therein: but, taking fuel necessary for her own use, and materials for the repair of buildings and for fences thereon, from any wood lands, of which she may be endowed, shall not be considered waste.

to remain in

SECT. 17. A widow may remain in the house of her husband, Right of widow ninety days next after his death, without being chargeable with rent her husband's therefor; and, in the mean time, she shall have her reasonable suste- house. nance out of the estate.

curtesy.

SECT. 18. When a man and his wife shall be seized of lands Tenancy by in fee, in her right, which are under improvement, and issue shall 1821, 38, § 18. be born alive, of the body of such wife, that may inherit the same, 15 Mass. 291. the husband shall have and hold such estate, after the decease of 20 Pick. 121. the wife, during his natural life, as tenant by the curtesy.

2 Greenl. 400.

termine tenanat will.

cy

SECT. 19. All tenancies at will may be determined by either Notice, to departy, by three months' notice, in writing, for that purpose given to the other party; and, when the rent, due upon such lease, is payable at periods of less than three months, the time of such notice shall be sufficient, if it be equal to the interval between the days of payment; and, in all cases of neglect or refusal to pay the rent due on a lease at will, thirty days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.

SECT. 20. The preceding section shall not be construed to Limitation of extend, or be applicable, to the proceedings in cases of forcible the preceding entry and detainer, or the notice required in such cases.

section.

CHAP. 96.

TITLE EIGHTH.

Of judicial courts and courts of county commissioners; their general jurisdiction and the officers therewith connected.

CHAPTER 96. Of the supreme judicial court and its jurisdiction; and the reporter of its

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104.

Of the powers and duties of sheriffs, deputy sheriffs, jailers, constables, and of coroners in civil actions.

CHAPTER 96.

OF THE SUPREME JUDICIAL COURT AND ITS JURISDICTION; AND OF
THE REPORTER OF ITS DECISIONS.

SECT. 1. Organization of the court.

2. Powers, in civil actions.

3. Its criminal jurisdiction.

4. General supervision of other

courts.

5. Power to issue special writs, for the furtherance of justice.

6. Conservators of the peace. Certain incidental powers.

7. Common law jurisdiction. 8. Certain essentials in all writs and processes.

9. Court may establish rules. 10. Its chancery jurisdiction. Forms of original process.

11. When writs of injunction may is

sue.

12. Of the law terms of the court. 13. Of terms for jury trials. Further powers, if a majority be present. 14. Powers of a single justice, at a law term.

15. Of adjournments by the sheriff, or clerk, in the absence of the court. All actions continued.

16. Jurisdiction concurrent with the, district court in certain cases, and appellate, in the same cases. 17. Of exceptions by a party to the opinion of a single justice. 18. After exceptions, or dilatory plea over ruled, trial to proceed to verdict. Action then to be continued to the law term.

19. Proceedings thereon, at such term.

SECT. 20. Court may allow interest on verdicts.

21. Provision, when the judge deems
exceptions to be frivolous.

22. Matters cognizable by the court,
held by two or more justices.
23. In certain cases, one justice may
decide law questions.

24. May enter judgment in cases, con-
tinued for advisement.

25. Powers of a single judge, after the decision of questions of law, at the law term.

26. Of entry of judgment in actions continued nisi.

27. Mode of such entry. Attachments preserved.

28. Courts to be held, with a view to the completion of business in the several counties.

29. Supreme judicial court, the supreme court of probate.

30. To examine the records of registers of probate.

31. Mode of describing the time of holding courts.

32. Office of reporter.

33. His appointment, and tenure of office.

34. His duties.

35. Times and places of holding the law terms of the supreme judicial

court.

36. Times and places of holding nisi prius terms.

the court.

actions.

SECTION 1. The supreme judicial court shall consist of a chief CHAP. 96. justice and two associate justices; each of whom shall be an inhab- Organization of itant of this state, of sobriety of manners, and learned in the law, 1820, 54, § 1. appointed and commissioned as prescribed in the constitution. SECT. 2. They, or a majority of them, shall have cognizance Powers, in civil of pleas real, personal and mixed, and of all civil actions between party and party, and between the state and any of the citizens thereof, or other persons resident within it, which may be legally brought before them, by original writ, writ of error, or otherwise; and may render judgment and award execution thereon, as is or may be provided by law.

1820, 54, § 1.

SECT. 3. They shall have cognizance of all capital crimes and Its criminal juall other offences and misdemeanors, which shall be legally prose- 1820, 54, § 1.

cuted before them.

risdiction.

vision of other

SECT. 4. They shall have the general superintendence of all General supercourts of inferior jurisdiction for the prevention and correction of courts. errors and abuses, where the laws have not expressly provided any 1820, 54, § 2. remedy.

special writs,

1820, 54, § 2.

SECT. 5. They shall have power to issue writs of error, certio- Power to issue rari, mandamus, prohibition, quo warranto, and all other processes for the furtherand writs, to courts of inferior jurisdiction, to corporations and indi- ance of justice. viduals, which may be necessary for the furtherance of justice, and the due execution of the laws. SECT. 6. The said justices shall be conservators of the peace Conservators of throughout the state, and may punish, by fine and imprisonment, or certain incideneither, at their reasonable discretion, all contempts committed against tal powers. their authority; and may administer all necessary oaths in civil 1820, 54, § 1, 2.

and criminal cases.

the peace. Of

SECT. 7. The said court may exercise jurisdiction, power and Common law authority, agreeably to the common law of this state, not incon- jurisdiction. 1820, 54, § 1. sistently with the constitution or any statute.

SECT. 8. All writs and processes of the court shall be in the name of the state of Maine; bear teste of the first justice, who is not a party to, or interested in the suit; and shall be under the seal of the court, and signed by the clerk.

SECT. 9. The court shall, from time to time, establish and record all such rules and regulations as may be necessary, respecting the modes of trial and the conduct of business, not being repugnant to law, whether in relation to suits at law or in equity.

Certain essentials in all writs and processes. 1820, 54, § 3.

Court may establish rules. 1820, 54, § 4. 1821, 50, $1.

3 Pick. 512.

1821, 39, § 2.

SECT. 10. The said court shall also have power to hear and Its chancery determine, as a court of equity, all cases of the kinds hereinafter jurisdiction. mentioned, when the parties have not a plain and adequate remedy 1821, 50, 81, 2. at law: that is,

1830, 462, § 1. 1837, 301.

First. All suits for the redemption or foreclosure of mortgaged 17 Mass. 303.

estates;

7 Greenl. 225. 8 Greenl. 320.

Second. All cases of forfeitures of recognizances in criminal 4 Pick. 1, 75, cases, and of forfeitures in all civil obligations or contracts;

Third.

All cases of forfeiture of penalties to the state; Fourth. All suits to compel the specific performance of tracts in writing, made since February tenth, one thousand hundred and eighteen ;

Fifth. All cases of fraud, trust, accident or mistake;

78, 139, 234,
507.
6 Pick. 376.

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Of the law terms of the court.

Sixth. All cases of nuisance and waste;
Seventh. All cases of partnership;

Eighth. All suits or bills for discovery relating to any of the above mentioned cases, when a discovery may lawfully be required, according to the course of chancery proceedings; and in all other cases, where equity powers are specially given to said court.

The bill or complaint in equity may be inserted in a writ of attachment or original summons, returnable to said court, and served on the adverse party like other writs or summonses in civil actions; or the plaintiff may file his complaint with the court, and notice may be issued and served therein, as is, or may be provided by the rules of said court.

SECT. 11. The court may issue writs of injunction in all cases of equity jurisdiction, when necessary to prevent injustice; and any justice of said court may issue such writs, in such cases, to continue in force until the end of the then next term of said court, unless sooner dissolved; but no such writ shall issue, without notice to the adverse party to appear and answer, unless the applicant shall file a bond with sufficient sureties, to respond all damages and

costs.

SECT. 12. The supreme judicial court shall be annually holden by a majority of the justices thereof, in the several places, and on 1823, 219, § 1. the several days, as mentioned in the thirty fifth section of this

Of terms for jury trials.

present.

chapter.

SECT. 13. The said court shall be annually holden by any one Further powers, justice thereof, in the several places, and at the several times, menif a majority be tioned in the thirty sixth section of this chapter; and if a majority 1823, 219, § 2. of the justices should be in attendance at such court, they may exercise all the powers, which they might exercise, and have cognizance of all matters, of which they would have cognizance, at a court holden by virtue of the preceding section.

Powers of a

single justice,

at a law term.

1823, 219, § 7.

Of adjournments by the

sheriff, or clerk,

of the court.

All actions continued.

7.

SECT. 14. Whenever, at any court to be holden by a majority of the justices thereof, that number shall not be present, any one justice, attending, may proceed to the transaction of such business, as one justice of said court is, by this act, authorized to do.

SECT. 15. Whenever from sickness, accident, or any unforeseen cause, no justice of said court shall attend on the day for holding in the absence the court, pursuant to the twelfth or thirteenth section of this chapter, the sheriff of the county, or, in his absence, the clerk of said court shall, by oral proclamation in the court house, and by public 1823, 219, 53. notice, posted on the door thereof, adjourn the court from day to day, till a justice shall attend; and, in case of necessity, may adjourn the court without day; and, when such court shall be so adjourned, on account of the non attendance of any judge authorized to hold the same, all actions brought for such term may be entered by the clerk, and, with all continued actions on the docket, shall be continued to, and have day at the next term.

Jurisdiction

concurrent

SECT. 16. The supreme judicial court shall have concurrent with the district jurisdiction with the district court in all civil actions, in which the court in certain debt or damage demanded exceeds the sum of two hundred dollars; cases, and ap and in actions of replevin, trespass on lands, real actions, actions by pellate, in the or against towns and plantations, and writs of dower; and also 1835, 165, § 1. 1839, 373, § 4, 6.

same cases.

appellate jurisdiction in such cases, subject to the provisions of the CHAP. 96. fifteenth section of chapter ninety seven.

the opinion of single justice. 1823, 219, § 4.

by a party, to

SECT. 17. When the court is holden by any one of the justices of exceptions thereof, any party thinking himself aggrieved by any opinion, direction or judgment of said justice, in any action or process, civil a or criminal, may, at the same term, allege exceptions to the same; and such exceptions shall be reduced to writing in a summary manner, and signed by the party or his counsel excepting, and presented to the court before adjournment without day; and, if found true in fact, shall be allowed and signed by the justice, who tried the cause. SECT. 18. Notwithstanding such exceptions, or any dilatory After excepplea, overruled by the presiding justice, during the trial, the pro- tions, or a dilatory plea overceedings before the jury shall not be stayed, but, after the trial has ruled, trial to been closed, and a verdict returned, the action shall be continued proceed to verto the next court to be holden pursuant to the twelfth section of this then to be conchapter, for decision on the exceptions allowed, subject to the pro- late to visions of the twenty first section.

dict. Action

tinued to the

1823, 219, § 4.

term.

SECT. 19. The court, to which any action may be continued Proceedings on exceptions, as aforesaid, or upon a report of the presiding judge thereon, at such in any trial, or upon a statement of facts agreed upon and signed 1823, 219, § 4. in such court, or signed in the district court, and brought by appeal before the supreme judicial court for final decision, shall have cognizance thereof, and do therein what to law and justice appertain. SECT. 20. The court may allow interest on the damages given in the action, from the time the verdict was returned, to the time of rendering judgment thereon.

SECT. 21. The justice, who may allow and sign exceptions as aforesaid, may, if he deem them frivolous, or intended for delay, inpose such terms and conditions on the party making them, as he may judge reasonable; and, if not accepted, may enter judgment on the verdict, subject to exception, revision and correction as aforesaid by the full court.

Court may al-
low interest on

verdicts.
1823, 219, § 4.

Provision, when
the judge deems
be frivolous.
1823, 219, § 4.

exceptions to

court, held by

1823, 219, § 5.

justices.

SECT. 22. Indictments in capital cases, and all motions for new Matters cogniz trials and petitions for review; all appeals from the decrees of the able by the judge of probate, except such as shall be tried by jury; ques- two or more tions of law, arising on special verdicts, and facts agreed or reserved, as stated in the nineteenth section; and all questions on demurrer, shall be heard and determined by the court, holden pursuant to the twelfth section; subject, however, to the provision contained in the thirteenth section.

1821, 56.

SECT. 23. In all cases, where any two of the justices of said In certain cases, one justice may court have been of counsel for either party, or are otherwise inter- decide law ested in such actions, one justice, who is not disqualified as afore- questions. said, shall have the like power to hear and decide all questions and 1823, 219, § 5. matters of law, mentioned in the preceding section; and all actions, processes and matters, other than those mentioned in this and the preceding sections, may be heard and determined by any one justice of said court, holding the same pursuant to the thirteenth section of this chapter.

SECT. 24. At any such court, judgments may be entered in May enter judgthose cases, which have been continued for advisement or other ment in cases, reason from a preceding term.

continued for advisement. 1823, 219, § 5.

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