The Supreme Court of Maine. held in York and two in Wells until 1736, when one term was held annually in Fal mouth, now Portland. Sir William Pepperell was then its first chief-justice. After Cumberland and Lincoln counties were organized in 1760, two terms of this court were established in those counties. Lincoln County then embraced the old Sagadohoc, or Duke of York's province, and also all of the state lying east of the Penobscot River. This court continued with the same juris diction to the end of the royal government, and was revived under the Constitution of 1780. In 1804, the number of judges was reduced to three in each county; and in 1811 the circuit system was adopted, under which Maine was divided into three circuits, in each of which a chief justice and two as sociate justices were appointed. After the separation from Massachusetts, the legisla ture of Maine in 1822 created a Court of Common Pleas consisting of one chief-justice, Ezekiel Whitman of Portland; Samuel E. Smith of Wiscasset and David Perham of Bangor, associate justices. Under the circuit system of 1811, the judges appointed in Maine were: for York, Cumberland and Oxford, Benj. Greene, chief, Dana of Fryeburg and Widgery of Portland, associates; for Lincoln, Kennebec and Somerset, Nathan Weston, Jr., chief, Ames and McLellan, associates; for Han cock and Washington, Wm. Crosby, chief, Kinsley and Campbell, associates. These, except Campbell, Kinsley and Widgery, were all educated lawyers. The trials in these courts were by the intervention of a jury, consisting generally of twelve men, al though in some instances composed of a less number. It was not until after the charter of 1 691 that the forms of writs and procedure in court acquired any system. In 1701, the General Court established forms of writs, and authorized the courts to frame rules of prac tice. No rules of practice were adopted, ex
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cept as relates to irregular practitioners in Suffolk, until after the Revolution. In 1721, says Dummer, " No special pleadings are admitted, but the general issue is always given, and special matters brought in evidence." In 1701, the attorney's oath, as the same now exists, was prescribed. This intermediate system continued in use in Maine until 1839, when the Court of Common Pleas was abolished, and a new system called the District Court was created. The date of the act is February 25, 1839, and under its provisions the state was again divided into three districts as before. This system lasted only for the brief period of fourteen years. The causes which led to its being abolished, in 1852, and the creation of the Supreme Judicial Court, the system which exists at the present time, will be found in the life of Chief-Justice Appleton, appearing in a subsequent number of THE Green Bag. Under the charter of 1691 a court was established under the name of "A Court of General Sessions of the Peace." Its powers were much like those of county commis sioners of the present day, but it was com posed of justices of the peace in each county, having power to appoint clerks, officers, summon juries, and establish rules of prac tice. Its jurisdiction was renewed under the Constitution of 1780, and continued until 1804, when it was transferred to the Com mon Pleas, except as to county buildings, roads and granting licenses, etc. Other changes in the organization of this court, in cluding that of its name to Court of Sessions, took place, from time to time, by substitut ing a fixed number of judges in 1807, its reestablishment in 1811, abolition in 18 14, and restoration in 18 19 with a chief justice and two associates in each county. After the separation many changes oc curred. In March, 183 I, a radical change was made. The governor was authorized to appoint in each of the several counties three suitable persons as county commissioners,
